Report Title:

Parking for Disabled Persons

Description:

Amends the requirements for parking for disabled persons to include a definition for law enforcement officers; modifies replacement procedures; modifies penalties for violations; modifies requirements for displaying placards; and clarifies parking requirements.

HOUSE OF REPRESENTATIVES

H.B. NO.

2769

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to parking for persons with disabilities.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"291-   Authorized vehicles. Only vehicles that properly display a valid parking placard may be parked legally in a parking space reserved for persons with disabilities."

SECTION 2. Section 291-51, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Law enforcement officer" means any public servant, duly commissioned police officer, special commissioned police officer, or volunteer enforcement officer, whether employed by the State, a political subdivision, or by the United States, vested by law with a duty to maintain public order, make arrests for offenses or to enforce the criminal laws, or enforce the traffic laws, regulations and ordinances, whether that duty extends to all offenses or is limited to a specific class of offenses."

SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended by amending the definition of "issuing agency" to read as follows:

""Issuing agency" means an agency authorized by a county of the State of Hawaii to issue removable windshield placards, temporary removable windshield placards, special license plates, and identification cards pursuant to this part."

SECTION 4. Section 291-51.4, Hawaii Revised Statutes, is amended to read as follows:

"[[]291-51.4[]] Fraudulent verification of an applicant as a person with a disability; penalty. A physician who fraudulently verifies that an applicant is a person with a disability to enable the person to represent to the issuing agency that the person is qualified to obtain a removable windshield placard, temporary removable windshield placard, or special license plates shall be guilty of a [petty] misdemeanor. Each fraudulent verification shall constitute a separate offense."

SECTION 5. Section 291-51.7, Hawaii Revised Statutes, is amended to read as follows:

"291-51.7 Reciprocity. The State, counties, and private property owners shall recognize removable windshield placards, temporary removable windshield placards, and special license plates which have been issued by authorities of other states, the District of Columbia, and the possessions of the United States and foreign countries, for the purpose of identifying persons permitted to:

(1) Utilize parking spaces reserved for persons with disabilities; or

(2) Exercise other parking privileges afforded by the State, counties, or private property owners for the benefit of persons with disabilities."

SECTION 6. Section 291-52.6, Hawaii Revised Statutes, is amended to read as follows:

"291-52.6 Replacement of a lost, stolen, [or] mutilated, or confiscated placard or identification card. A removable windshield placard, temporary removable windshield placard, or identification card that is reported lost, stolen, [or] mutilated, or confiscated may be replaced upon the submittal of [a written statement by a person with a disability that the placard or identification card was either lost, stolen, or mutilated and] a completed application for a removable windshield placard, temporary removable windshield placard, or identification card to the issuing agency[.] by a person with a disability."

SECTION 7. Section 291-54, Hawaii Revised Statutes, is amended to read as follows:

"291-54 Display of removable and temporary removable windshield placards. The placard shall be clearly displayed in such a manner that [it] the placard identification number and expiration date may be viewed from the front [and] or rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be clearly displayed on the dashboard[.] in such a manner that the placard identification number and expiration date may be viewed by a law enforcement officer."

SECTION 8. Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]291-58[]] Requirement to provide parking for persons with disabilities; penalty. [Beginning July 1, 2002, any] Any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part. A private entity that fails to comply with this section shall be fined not less than $250 nor more than $500 for each separate offense. Each day of violation shall constitute a separate offense. [Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action.]"

SECTION 9. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________