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. 2 |
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STATE OF HAWAII |
S.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, established under part III of chapter 291, Hawaii Revised Statutes, pursuant to federal Public Law 100-641, and administered by the disability and communication access board, provides individuals with mobility disabilities the ability to travel and park in accessible stalls.
The legislature finds that the exemption from payment of parking fees for the first two-and-a-half hours or the maximum time the meter allows, whichever is longer, was not intended as a benefit for persons with mobility impairments. Rather, this exemption was intended for those who drove themselves and who were unable to reach or operate a parking meter because of a physical disability.
The legislature finds that while part III of chapter 291, Hawaii Revised Statutes, provides for the imposition of fines for the use of disability parking permits that were fraudulently manufactured or altered, used by unauthorized persons, or rendered invalid, it does not expressly authorize law enforcement to confiscate the permits. Therefore, law enforcement officers may not confiscate such permits and individuals who may be cited for unlawfully using a permit may be at liberty to violate the law again, thereby reducing the availability of parking spaces designed and reserved for persons who need them.
The legislature further finds that while part III of chapter 291, Hawaii Revised Statutes, establishes the disabilities that qualify for a disability parking permit, the current wording is vague. This causes physicians and advanced practice registered nurses to incorrectly certify certain applicants.
The purpose of the Act is to:
(1) Clarify that the exemption from parking fees is only for those who drive and are unable to reach or operate a parking meter due to a physical disability;
(2) Stipulate that the exemption also applies to areas where parking fee payment is made via an unattended pay station;
(3) Add additional wording to reflect changes in parking technology and terminology;
(4) Authorize law enforcement to confiscate a permit that is invalid or has been fraudulently manufactured or altered; and
(5) Clarify the disabilities that qualify an applicant for certification of eligibility.
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 a disabled paid parking
exemption permit. The issuing
agency shall issue one disabled paid parking exemption permit to each applicant
who presents a certificate of disability that verifies that the applicant is
licensed to drive a motor vehicle and that the applicant cannot reach or
operate parking meters or unattended pay stations because of the applicant's physical disability. The disabled paid parking exemption permit
shall have the same expiration as the removable windshield placard, temporary
removable windshield placard, or special license plates issued to the applicant.
§291-B Sale or purchase. Only
a state or county issuing agency may offer for sale a disability parking permit
and no person may purchase a disability parking permit except from a state or
county issuing agency. Any person who
sells or purchases a disability parking permit in violation of this section
shall be guilty of a misdemeanor. The
sale or purchase of each disability parking permit in violation of this section
shall constitute a separate offense.
(1) Fraudulent manufacture or alteration
pursuant to section 291-52.7;
(2) Any unauthorized use pursuant to
section 291-53;
(3) Display of an invalid disability
parking permit; or
(4) Selling or purchasing a disability
parking permit pursuant to section 291-B.
For the purposes of this section,
"commissioned volunteer enforcement officer" means a civilian
volunteer commissioned by a county chief of police to act as an enforcement
officer for limited purposes as determined by the county chief of police."
SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Disability
parking permit"
means a removable windshield placard, special license plate, temporary
removable windshield placard, or disabled paid parking exemption permit.
"Disabled paid
parking exemption permit"
means a permit to be displayed on a dashboard or contained elsewhere on the
vehicle, a code, or a two-sided, hanger style placard that indicates that the
individual to whom the permit, code, or placard is issued pursuant to this part
is licensed to drive a motor vehicle and not able to reach or operate a parking
meter or unattended pay station because of a physical disability.
"Invalid disability
parking permit"
means an expired or voided removable windshield placard, temporary removable
windshield placard, special license plates, or disabled paid parking exemption
permit."
2. By amending the definition of "person with a disability" to read:
""Person with a disability" means a
person with a disability [which] that limits or impairs the
ability to walk, and who, as determined by a licensed practicing physician[:]
or advanced practice registered nurse:
(1) Cannot walk two hundred feet without stopping to rest, [due to a
diagnosed arthritic, neurological, orthopedic, renal, vascular, or oncological
condition;] and who has been diagnosed with:
(A) An
arthritic, neurological, orthopedic, renal, vascular, or oncological condition;
(B) Lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or
(C) A
cardiac condition to the extent that the person's functional limitations are classified in severity as
Class III or Class IV according to the standards set by the American Heart
Association; and
(2) [Cannot walk without the use of, or assistance from, a brace, cane,
crutch, another person, prosthetic device, wheelchair, or other assistive
device;] Because of a condition identified in paragraph (1):
(A) Cannot walk two hundred feet under the person's own power without stopping to rest; or
(B) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
(C) Uses
portable oxygen.
[(3) Is restricted by lung disease to such an extent
that the person's forced (respiratory) expiratory volume for one second, when
measured by spirometry, is less than one liter, or the arterial oxygen tension
is less than sixty mm/hg on room air at rest;
(4) Uses portable oxygen; or
(5) Has a cardiac condition to the extent that the
person's functional limitations are classified in severity as Class III or
Class IV according to the standards set by the American Heart Association.]"
SECTION 4. Section 291-51.4, Hawaii Revised Statutes, is amended to read as follows:
"§291-51.4 Fraudulent
verification of an applicant as a person with a disability; penalty. A physician or advanced practice registered nurse who
fraudulently verifies that an applicant is a person with a disability to enable
the person to represent to the issuing agency that the person is qualified to
obtain a [removable windshield placard, temporary removable windshield
placard, or special license plates] disability parking permit shall
be guilty of a petty misdemeanor. Each
fraudulent verification shall constitute a separate offense."
SECTION 5.
Section 291-51.7, Hawaii Revised Statutes, is amended to read as
follows:
"§291-51.7 Reciprocity.
The State, counties, and private property owners shall recognize [removable
windshield placards, temporary removable windshield placards, and special
license plates which] disability parking permits that have been
issued by authorities of other states and countries, for the purpose of identifying
persons permitted to:
(1) Utilize parking spaces reserved for persons with disabilities; or
(2) Exercise other parking privileges afforded by the State, counties, or private property owners for the benefit of persons with disabilities."
SECTION 6. Section 291-52.5, Hawaii Revised Statutes, is amended to read as follows:
"§291-52.5 Issuance of identification card. The issuing agency shall issue one
identification card at the same time it issues a [removable windshield
placard, temporary removable windshield placard, or special license plates]
disability parking permit to a person with a disability."
SECTION 7. Section 291-52.6, Hawaii Revised Statutes, is amended to read as follows:
"§291-52.6 Replacement of a
removable windshield placard, disabled paid parking exemption
permit, or identification card. A
removable windshield placard, temporary removable windshield placard, disabled paid parking
exemption permit, or identification card shall be replaced upon:
(1) Submittal to the issuing agency of a completed application for a removable windshield placard, temporary removable windshield placard, disabled paid parking exemption permit, or identification card to the issuing agency; and
(2) Payment
of a fee."
SECTION 8. Section 291-52.7, Hawaii Revised Statutes is amended to read as follows:
"§291-52.7 Fraudulent manufacture
or alteration, sale, issuance, or use of [placards] disability
parking permits and identification cards. Any person
who fraudulently manufactures or alters a [removable windshield placard,
temporary removable windshield placard,] disability parking permit
or identification card for personal use, sale, or issuance to another person to
circumvent the issuance requirements of this part, or any person who uses a
fraudulently manufactured or altered [placard] disability parking
permit or identification card to circumvent the issuance requirements of
this part, shall be guilty of a misdemeanor.
The fraudulent manufacture or alteration of each [placard] disability
parking permit and of each identification card for personal use, sale, or
issuance or is otherwise used in violation of this section shall constitute a
separate offense."
SECTION 9. 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] disability
parking permit shall not be used by anyone other than the person with a
disability to whom it was 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] disability
parking permit 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] no 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 10. Section 291-54, Hawaii Revised Statutes, is amended to read as follows:
"§291-54 Display of removable [and]
windshield placards; temporary removable windshield placards[.];
and disabled paid
parking exemption permit. The placard or disabled
paid parking exemption permit shall be displayed in such a manner that it
may be viewed from the front and rear of the vehicle by hanging it from the
front windshield rearview mirror of a vehicle when the placard or disabled
paid parking exemption permit is in use.
If the design or condition of the rearview mirror, or the
design or condition of the placard or disabled paid parking exemption permit
precludes hanging the placard or disabled paid parking exemption permit
in a secure manner, the placard or disabled paid parking exemption permit
shall be displayed on the dashboard."
SECTION 11. Section 291-55, Hawaii Revised Statutes is amended to read as follows:
"§291-55 [Metered parking privileges.] Parking
fees. [Any vehicle displaying special license
plates, a removable windshield placard, or a temporary removable windshield
placard issued under this part shall be permitted to park, without payment of
metered parking fees, in any metered parking space for a maximum of
two-and-a-half hours or the maximum amount of time the meter allows, whichever
is longer. All parking fees not
specifically exempted under this part shall remain in effect.] (a) All parking fees not
specifically exempted under this section shall remain in effect.
(b)
A driver who is issued a disabled paid parking exemption permit pursuant
to section 291-A shall be permitted to park a vehicle in any parking area where
payment is required, via a parking meter or unattended pay station, without
payment of parking fees for the first two-and-a-half hours or the maximum
amount of time the meter allows, whichever is longer."
SECTION 12. 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, and special license plates;] disability parking permits;
(2) Decertification, reciprocity, and the replacement of [placards]
disability parking permits and identification cards;
(3) The design of [the placard,] disability parking
permits and identification [card, and special license plates;] cards;
(4) The establishment of transaction fees for removable
windshield placards[;], temporary removable windshield placards, and disabled paid parking exemption permits;
(5) Signage and marking of parking spaces;
(6) Reimbursement rates to the counties; and
(7) Penalties."
SECTION 13. Section 291-57, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Any
person who uses a parking space reserved for persons with disabilities who:
(1) Fails to properly
display [a removable windshield placard, a temporary removable windshield
placard, or special license plates;] a disability parking permit;
(2) Displays an invalid [removable
windshield placard, an invalid temporary removable windshield placard, or
invalid special license plates;] disability parking permit;
(3) Uses a [removable
windshield placard, a temporary removable windshield placard, or special
license plate] disability parking permit that was not issued to that
person or to any passengers occupying the vehicle in the parking space; or
(4) With or without a [removable
windshield placard, a temporary removable windshield placard, or special
license plates:] disability parking permit:
(A) Parks
in an access aisle; or
(B) Obstructs
the ingress or egress to a parking space reserved for a person with a
disability;
shall be guilty
of a traffic infraction under chapter 291D and shall be fined [not] no
less than $250 nor more than $500 and pay any costs incurred by the court
related to assessing the fine; provided that a person with a disability who has
been issued a valid [placard or special license plate] disability
parking permit that is currently in effect, and who has failed to display
the [placard or license plate] disability parking permit while
parking in a space reserved for persons with disabilities, shall pay a fine of
[not] no less than $25 nor more than $100 and any costs incurred
by the court related to assessing the fine.
(b)
Any person who uses a parking space reserved for persons with
disabilities and refuses or fails to present an identification card issued
under this chapter or the rules adopted thereunder to an enforcement officer
upon request shall be guilty of a traffic infraction under chapter 291D and
shall be fined [not] no less than $250 nor more than $500."
SECTION
14. 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 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on July 1, 2050.
Report Title:
Persons with a Disability; Parking Meter Fees; Permit
Confiscation; Exemption
Description:
Clarifies that the exemption from payment of parking fees is an exception for drivers who are unable to reach or operate a parking meter or unattended pay station because of a physical disability, and who display a disabled paid parking exemption permit. Clarifies that the time limits for the parking fee exemption applies to unattended pay stations as well as meters. Makes the unauthorized act of selling or buying a disability parking permit a misdemeanor. Provides that law enforcement may confiscate a disability parking permit that has been altered or is invalid. Clarifies the types of disabilities that qualify for a disability parking permit. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
