Bill Text: HI SB975 | 2017 | Regular Session | Amended
Bill Title: Relating To Parking For Disabled Persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2017-03-24 - 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) Aquino, DeCoite, Har, Ichiyama, C. Lee, Thielen excused (6). [SB975 Detail]
Download: Hawaii-2017-SB975-Amended.html
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THE SENATE |
S.B. NO. |
975 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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 together with the counties, issues removable windshield placards, temporary removable windshield placards, or special license plates to applicants who are certified by a physician or advanced 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 part III of chapter 291 provides for fines for the use of a disability parking permit that was fraudulently manufactured or altered, used by unauthorized persons, or rendered invalid, it does not expressly authorize law enforcement officers to confiscate the permits. Therefore, law enforcement officers may be reluctant to confiscate such permits, which means that individuals cited for unlawfully using them will be at liberty to violate the law again. This also reduces the availability of parking spaces designed and reserved for persons who need them.
The purpose of this Act is to:
(1) Prohibit the unauthorized sale or purchase of a removable windshield placard, a temporary removable windshield placard, or special license plates; and
(2) Clarify the authority of law enforcement officers and commissioned volunteer enforcement officers of the county law enforcement agencies to confiscate valid and invalid removable windshield placards, temporary removable windshield placards, and special license plates under certain circumstances.
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 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, or special license plates except in compliance with sections 291-51.5, 291-51.6, or 291-52 shall be guilty of a misdemeanor.
§291-B Confiscation. A law enforcement officer or a commissioned volunteer enforcement officer of a county law enforcement agency may confiscate:
(1) A removable windshield placard, a temporary removable windshield placard, or special license plates for:
(A) Fraudulent manufacture 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-A; or
(2) An invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates for:
(A) Display of the 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 removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates to obtain the parking privilege authorized under section 291-55."
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 removable windshield placards, temporary removable windshield placards, or special license plates."
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. 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 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on January 1, 2018.
Report Title:
Disabled Persons; Parking; Placards and Plates; Confiscation
Description:
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. (SB975 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
