HOUSE CONCURRENT RESOLUTION NO. 45

(By Delegates Hrutkay, Stephens, Argento, Wysong, Burdiss, Crosier, Pethtel, Wells, Stalnaker, Martin, Klempa, Tansill, Duke, Porter, Schadler, Evans and Ellem)


[February 21, 2007]


Requesting the Committee on Government and Finance to conduct a study on the adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities for persons with mobility impairments and solutions to ensure the availability of adequate motor vehicle parking facilities for persons with mobility impairments.

W HEREAS , Current state law provides for the designation and reservation of certain motor vehicle parking spaces for individuals with mobility impairments; and
W HEREAS , West Virginia law further provides for issuance of special license plates, parking decals, parking permits and placards to identify vehicles permitted to park in those spaces; and
W HEREAS , Current law designed to provide accessible parking for persons with mobility impairments is not adequate to prevent abuse by drivers whose permits have expired or drivers without mobility impairments who are misusing other individuals permits, thus resulting in reduced parking available for persons with mobility impairments; and
W HEREAS , Further measures are necessary to establish fair, clear and uniform standards for the issuance of these special license plates, decals, placards and permits designed to prevent abuse and misuse by persons without mobility impairments; and
W HEREAS , Although proposed legislation and increased enforcement efforts have helped to initiate important reforms and to focus attention on the problem of abuse of parking facilities for persons with mobility impairments, drivers continue to abuse and ignore the current law; and
W HEREAS , Further study and reform is therefore needed to curb continued abuse and to ensure adequate parking spaces for persons with mobility impairments; and
W HEREAS , Input from representatives of local governments, advocates for the disabled, the Division of Motor Vehicles and other concerned parties are desirable to formulate and provide solutions to this ongoing and increasing problem and to enhance the enforcement of current West Virginia law as it relates to disabled parking; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the adequacy and the abuse of laws regulating the availability of motor vehicle parking facilities for persons with mobility impairments and solutions to ensure the availability of adequate motor vehicle parking facilities for persons with mobility impairments; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.