HOUSE OF REPRESENTATIVES

H.B. NO.

1109

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

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 the federal Uniform System for Handicapped Parking Act, Public Law 100-641.  The disability and communication access board administers the program, which together with the counties, issues disability parking permits (removable windshield placards, temporary removable windshield placards, or special license plates) to applicants who are certified 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 part III of chapter 291 provides for the imposition of 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 not confiscate such permits, which means that individuals who may be 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 rendered invalid, which will prevent further violations and increase the availability of parking spaces designed and reserved for persons who need them.

     SECTION 2.  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 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 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 4.  Chapter 291, Hawaii Revised Statutes, is amended by adding to Part III a new section to be appropriately designated and to read as follows:

     "§291-     Confiscation.  A removable windshield placard, temporary removable windshield placard, or special license plates may 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 pursuant to section 291-52.7;

     (2)  Any unauthorized use pursuant to section 291-53; or

     (3)  Display of an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates pursuant to section 291-57(2)."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act, upon its approval, shall take effect on January 1, 2018.

 

INTRODUCED BY:

_____________________________

 

 

BY REQUEST

 


 


 

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.

 

 

 

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