Bill Text: HI HB1109 | 2017 | Regular Session | Amended
Bill Title: Relating To Parking For Disabled Persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-09 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Ito excused (1). [HB1109 Detail]
Download: Hawaii-2017-HB1109-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1109 |
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TWENTY-NINTH LEGISLATURE, 2017 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PARKING FOR DISABLED PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the statewide parking program for persons with disabilities was established under part III of chapter 291, Hawaii Revised Statutes, pursuant to Public Law 100-641. The disability and communication access board administers the program, which in conjunction with the counties, issues disability parking permits to applicants who are certified to have a qualifying disability by a physician or advance practice registered nurse. A vehicle displaying a disability parking permit is authorized to park in spaces designed and reserved for persons with mobility disabilities.
The legislature further finds that, while current statutes impose fines for fraudulent manufacturing, alteration, or use of permits; unauthorized use of permits; and use of invalid permits, it does not specifically require law enforcement officers to confiscate permits upon finding a violation. If invalid, fraudulent, or unauthorized permits are not confiscated, individuals who have been cited for unlawfully using them will be at liberty to violate the law again and thereby reduce the availability of parking spaces designed and reserved for persons who need them.
The purpose of this Act is to clarify the authority of law enforcement officers or commissioned volunteer enforcement officers of a county law enforcement agency to confiscate disability parking permits that are fraudulently manufactured or altered, used by unauthorized persons, or invalid, which will prevent further violations and increase the availability of reserved parking spaces for persons who need them.
SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding two new sections to part III to be appropriately designated and to read as follows:
"§291-A Confiscation. A removable windshield placard, temporary removable windshield placard, or special license plates shall be confiscated by a law enforcement officer or a commissioned volunteer enforcement officer of a county law enforcement agency for:
(1) Fraudulent manufacture or alteration in violation of section 291-52.7;
(2) Any unauthorized use in violation of section 291-53 or 291-57(a)(3);
(3) Display of an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates in violation of section 291-57(a)(2);
(4) Use of an invalid removable windshield placard, temporary windshield placard, or special license plate to obtain a parking privilege under section 291-55; or
(5) Sale of purchase of a removable window placard, temporary removable window placard, or special license plate in violation of section 291-B.
§291-B Sale or purchase prohibited. Any person who sells or purchases a removable windshield placard, temporary removable windshield placard, or special license plate shall be guilty of a misdemeanor. Each sale or purchase of a single removable windshield placard, temporary removable windshield placard, or special license plate in violation of this section shall constitute a separate violation."
SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Invalid" means expired or voided."
SECTION 4. Section 291-53, Hawaii Revised Statutes, is amended to read as follows:
"§291-53
Nontransferability; penalty.
The removable windshield placard, temporary removable windshield placard, or
special license plates shall not be used by anyone other than the person with a
disability to whom it is issued unless it is being used in connection with the
transport of the person with a disability. An unauthorized person using the
removable windshield placard, temporary removable windshield placard, or
special license plates to obtain the special parking privileges authorized
under this part or otherwise afforded by the State or counties, shall be guilty
of a traffic infraction under chapter 291D and fined not less than $250 nor
more than $500. [A removable windshield placard, temporary removable
windshield placard, or special license plates may be confiscated by a law
enforcement officer or commissioned volunteer enforcement officer of the county
law enforcement agency for any unauthorized use.]"
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2090.
Report Title:
Disabled Persons Parking; Permit Confiscation
Description:
Clarifies the authority of law enforcement officers or commissioned volunteer enforcement officers to confiscate disability parking permits that are used unlawfully. Specifies that the sale or purchase of a disability parking permit is a misdemeanor. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
