Bill Text: HI HB696 | 2019 | Regular Session | Amended
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-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
696 |
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THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
PROPOSED |
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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) Prohibit the unauthorized sale or purchase of certain disability parking permits; and
(2) Clarify the authority of law enforcement officers and commissioned volunteer enforcement officers of the county law enforcement agencies to confiscate invalid disability parking permits in certain circumstances.
SECTION 2. Chapter 291, Hawaii Revised Statutes, is amended as follows:
§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 may 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 $500 but no more than $1,000."
SECTION 3. 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 $500
nor more than $500 $1,000. [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 4. 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 5. 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.
Report Title:
Disabled Persons; Parking; Placards and Plates; Traffic Violations
Description:
Establishes a penalty for unauthorized sale, use, 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.
