HomeMy WebLinkAboutCOM 0797.000 2000-2002
JAMES Y. ARAKAKI ''`•~•"9 Phone: 808 961-8272
Chairman & Presiding Officer F%x: (808) 961-8780
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COUNTY COUNCIL
County of Hawai'i
Hawai'i County Building
25 Aupuni Street
Hilo, Hawaii 96720
October 28, 2002
TO: Council Memb s
FROM: James Y. Arak
Chair 1
RE: Chapter 24, Article 8, Division 6, Hawaii County Code
Parking for Disabled Persons
This is to transmit a bill amending Chapter 24, Article 8, Division 6, of the Hawaii County Code
by repealing Division 6 in its entirety and replacing it with a new Division 6 entitled "Parking for
Persons With Disabilities."
I received the attached letter dated January 25, 2002, from Dean M. Georgiev, Chairperson of the
Disability and Communication Access Board (DCAB), requesting that the Hawaii County Code
be amended to eliminate the contradictions and conflicts between state law and rules (Chapter
291, Part III, Hawaii Revised Statutes, and Chapter 11-219, Hawaii Administrative Rules).
In response to the letter, I requested the Legislative Auditor's Office to draft such a bill and to
request review, comment and initiation by the administration. The bill has been revised based
upon the comments received from Mayor Harry Kim, Corporation Counsel, Finance Department,
and DCAB. Executive Assistant Andrew Levin, who is also the Mayor's representative to
DCAB, has requested that the bill be initiated at the council level.
The bill eliminates contradictions and conflicts by referring to state law and rules when
appropriate. It also clarifies the Office of Management as the issuing agency for windshield
placards, special license plates and identification cards.
A copy of state law and rules will be transmitted under separate cover for your information.
Should you have any questions, please feel free to contact Legislative Assistant Charmaine
Doran or Legislative Auditor Connie Kiriu.imm•
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Att. File No
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q:.. , DISABILITY AND COMMUNICATION ACCESS BOARD
i. 919 Ala Moana Boulevard, Room 101 • Honolulu, Hawaii 96814
Ph. (808) 586-8121(V/TDD) • Fax (808) 586-8129
January 25, 2002
The Honorable James Y. Arakaki
Chair and Presiding Officer
Hawaii County Council
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Dear Chairman Arakaki,
The Disability and Communication Board (DCAB) is writing to inform you of
contradictions between State of Hawaii and County of Hawaii laws on parking for persons with
disabilities. Specifically, the State law and rules (Chapter 291, Part III, Hawaii Revised Statutes,
Parking for Disabled Persons; and Chapter 11-219, Hawaii Administrative Rules, Parking for
Persons with Disabilities; respectively) have been amended several times since 1997. However,
corresponding amendments to the Hawaii County Code (HCC) have not kept pace. Thus, certain
provisions of the HCC do not conform to the most recent changes made to Chapter 291, Part III,
Hawaii Revised Statutes (HRS), and Chapter 11-219, Hawaii Administrative Rules (HAR). A
pertinent example is the recent amendment to §11-219-6(b)(1), HAR, which provides that an
applicant for a temporary parking placard for persons with disabilities must pay a $10 fee to the
county issuing agency. Up to this point, the County ordinance has not conformed. (See §24-242 -
§24-245.1, HCC.)
While the State law and rules supersede county ordinances whenever a conflict exists, we
would like to encourage the Hawaii County Council to amend the HCC provisions on parking fo-
persons with disabilities by conforming them to the State's parking law, or repealing the provisions
that are duplicative altogether. Doing either would avoid misapplying or misconstruing of the laws
by the Hawaii County Police Department, the Office of the Prosecuting Attorney, the Office of the
Corporation Counsel, the courts, or the public.
Please contact Ms. Francine Wai, Executive Director, to begin discussion on a satisfactory
outcome at 586-8121. The staff of the DCAB is available to provide technical support to the
Council to accomplish this effort. Thank you very much.
Sincerely, ~Wf yL
DEAN M. GEORGIEV
Chairperson