Bill Text: HI HB696 | 2019 | Regular Session | Introduced
Bill Title: Relating To Parking For Disabled Persons.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2019-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. [HB696 Detail]
Download: Hawaii-2019-HB696-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
696 |
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THIRTIETH LEGISLATURE, 2019 |
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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, established under part III of chapter 291, Hawaii Revised Statutes, pursuant to P.L. 100-641 (23 C.F.R. 1235), and administered by the disability and communication access board, provides individuals with mobility disabilities the opportunity to travel and park in accessible parking stalls. The disability and communication access board administers the program, which together with the counties, issues removable windshield placards, temporary removable windshield placards, or special license plates. A vehicle displaying a disability parking permit is authorized to park in spaces designed and reserved for persons with mobility disabilities.
The purpose of this Act is to:
(1) Limit the privilege of parking a vehicle in an on-street metered parking space without payment of parking fees for the first two-and-a-half hours or the maximum time allowed, whichever is longer, to only permittees who are licensed drivers and are not personally able to operate parking meters or pay stations because of a physical disability;
(2) Prohibit the unauthorized sale or purchase of certain disability parking permits; and
(3) Clarify the authority of law enforcement officers and commissioned volunteer enforcement officers of the county law enforcement agencies to confiscate valid and invalid disability parking permits in certain circumstances.
SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended by adding three new sections to part III to be appropriately designated and to read as follows:
"§291-A Issuance
of distinguishing parking device, code, permit, or decal. The issuing agency shall issue one
distinguishing parking device, code, permit, or decal to each applicant who
presents a certificate of disability which verifies that the applicant is:
(1) A person with a disability as defined by section 291-51;
(2) Unable to reach or operate parking meters or pay stations because of the applicant's physical disability; and
(3) Licensed to drive a motor vehicle.
The distinguishing parking device, code, permit,
or decal shall have the same expiration as the removable windshield placard,
temporary removable windshield placard, or special license plates issued to the
applicant.
§291-B Unlawful sale or purchase. Any person who sells or purchases a
placard that was fraudulently manufactured or altered in violation of section
291-52.7 or who purchases or sells a removable windshield placard, temporary
removable windshield placard, special license plates, or distinguishing parking
device, code, permit or decal except in compliance with sections 291-51.5,
291-51.6, 291-52, and 291-55 shall be guilty of a misdemeanor.
§291-C Confiscation. (a) A law enforcement officer or commissioned
volunteer enforcement officer of a county law enforcement agency may confiscate:
(1) A removable windshield placard, a temporary removable windshield placard, special license plates, or a distinguishing parking device, code, permit, or decal for:
(A) Fraudulent manufacturer or alteration pursuant to section 291-52.7;
(B) Any unauthorized use pursuant to section 291-53; or
(C) Unlawful sale or purchase pursuant to section 291-B; or
(2) An invalid removable windshield placard, an invalid temporary removable windshield placard, invalid special license plates, or an invalid distinguishing parking device, code, permit, or decal for:
(A) Display of an invalid removable windshield placard, invalid temporary removable windshield placard, or invalid special license plates pursuant to section 291-57(a)(2); or
(B) Use of an invalid distinguishing parking device, code, permit, or decal to obtain the parking privilege authorized under section 291-55.
(b) Any law enforcement officer or commissioned volunteer enforcement officer of a county law enforcement agency who confiscates a removable windshield placard, temporary removable windshield placard, special license plate, or distinguishing parking device, code, permit, or decal pursuant to this section shall issue a citation to the purported violator. Any citation issued pursuant to this section shall include a fine of at least $ but no more than $ ."
SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Distinguishing
parking device, code, permit, or decal" means a two-sided, hangar-style
placard, a decal to be affixed to a disability parking permit, or a device to
be displayed on a dashboard or contained elsewhere on the vehicle that
indicates that the individual to whom the device, code, permit, or decal is
issued pursuant to this part is licensed to drive a motor vehicle and cannot
reach or operate a parking meter or pay station because of physical disability.
"Invalid" means expired or voided removable windshield placards, temporary removable windshield placards, special license plates, or distinguishing parking device, code, permit, or decal."
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. Section 291-55, Hawaii Revised Statutes, is amended to read as follows:
"§291-55 [Metered] On-street parking [privileges.]
privileges where a fee is imposed. Any vehicle displaying [special
license plates, a removable windshield placard, or a temporary removable
windshield placard] or containing a distinguishing parking device, code,
permit, or decal issued [under this part] pursuant to section
291-A shall be permitted to park, without payment of [metered]
parking fees, in any [metered] on-street parking [space] area
for [a maximum of] the first two-and-a-half hours or the maximum [amount
of time the meter allows,] time allowed, whichever is longer. All parking fees not specifically exempted
under this part shall remain in effect. The
vehicle shall prominently display the distinguishing parking device, code,
permit, or decal when parked in an on-street parking area where a fee is imposed."
SECTION 6. Section 291-56, Hawaii Revised Statutes, is amended to read as follows:
"§291-56 Rules. The disability and communication
access board shall adopt rules under chapter 91 to carry out the purposes of
this part, including rules for:
(1) The issuance, renewal, confiscation, revocation, and suspension of
removable windshield placards, temporary removable windshield placards, distinguishing
parking devices, codes, permits, or decals, and special license plates;
(2) Decertification, reciprocity, and the replacement of placards,
distinguishing parking devices, codes, permits, or decals, and
identification cards;
(3) The design of the placard, identification card, distinguishing parking
devices, codes, permits, or decals, and special license plates;
(4) The establishment of transaction fees for devices, codes, permits, or
decals, or placards;
(5) Signage and marking of on-street parking [spaces;] areas;
(6) Reimbursement
rates to the counties; [and]
(7) Penalties[.];
and
(8) The elimination of on-street parking privileges where a fee is imposed and the use of new parking technology or program applications that make it unnecessary for an individual to reach or operate a parking meter or pay station."
SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2020.
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INTRODUCED BY: |
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Report Title:
Disabled Persons; Parking; Placards and Plates; Traffic Violations; Parking Meters
Description:
Limits the exemption from parking fees to drivers with a disability who are unable to operate a parking meter or pay station because of the driver's disability and who display a distinguishing parking device, code, permit, or decal. Clarifies time limits applicable to the exemption. Establishes a misdemeanor offense for unauthorized sale or purchase of a disability parking permit. Clarifies law enforcement authority to confiscate altered, invalid, or unauthorized disability parking permits.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
