Amends regulations for parking for persons with disabilities; adds provisions relating to fraudulent verification of disability, replacement of identification card, fraudulent manufacture of placards and identification cards, issuance of identification card, and requirements to provide parking for disabled persons. (HB834 HD1)

A BILL FOR AN ACT

SECTION 1. Chapter 291, Hawaii Revised Statutes, is amended by adding five new sections to part III to be appropriately designated and to read as follows:

§291-   Issuance of identification card. Each county shall issue one identification card when it issues a removable windshield placard, a temporary removable windshield placard, or special license plates to each applicant. The identification card shall have the same date of expiration as the removable windshield placard, temporary removable windshield placard, or special license plates issued to the applicant. The identification card shall not be issued with a second removable windshield placard or second temporary removable windshield placard. The identification card shall indicate the applicable serial number of the removable windshield placard or temporary removable windshield placard or the special license plates number. The identification card shall also indicate the applicable serial number of the second removable windshield placard or second temporary removable windshield placard if issued.

§291-   Requirement to provide parking for persons with disabilities; penalty. Any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and the Hawaii administrative rules, title 11, chapter 219, section 14. A private entity that fails to comply with this section shall be fined not less than $250 nor more than $300 for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. The penalty provision of this section shall become effective on July 1, 2001."

SECTION 2. Section 291-51, Hawaii Revised Statutes, is amended as follows:

1. By adding five new definitions to be appropriately inserted and to read:

""Issuing agency" means an agency determined by a county to issue removable windshield placards, temporary removable windshield placards, special license plates, and identification cards pursuant to this part.

"Private entity" means a private owner or lessee of a parking facility or site where invitation to the general public is expressed or implied.

"Private parking" means a privately owned parking facility or site where invitation to the general public is expressed or implied.

"Public entity" means the State or any of its counties.

"Public parking" means a parking facility or site under State or court jurisdiction."

2. By amending the definition of "disabled person" to read:

"["Disabled person"] "Person with a disability" means a person with a disability, which limits or impairs the ability to walk, and who, as established by a licensed practicing physician:

3. By amending the definition of "parking space reserved for disabled persons" to read:

""Parking space reserved for [disabled persons"] persons with disabilities" means a public or private parking space designated for the use of a [disabled] person with a disability that [(1)] is designed and constructed in compliance with the requirements of the federal Americans with Disabilities Act of 1990, as amended, and related rules and guidelines[; (2)] and is marked with a sign designating the parking space as reserved for [disabled persons; or (3) is otherwise clearly designated for the use of disabled persons.] persons with disabilities."

4. By amending the definition of "removable windshield placard" to read:

""Removable windshield placard" means a two—sided, hanger-style placard, which includes on each side:

5. By amending the definition of "sign designating the parking space as reserved for disabled persons" to read:

""Sign designating the parking space as reserved for [disabled persons"] persons with disabilities" means a sign, which contains:

6. By amending the definition of "temporary removable windshield placard" to read:

""Temporary removable windshield placard" means a two-sided, hanger-style placard, which includes on each side:

1. The international symbol of access and is white on a red shield;
2. An identification number;
3. A date of expiration;
4. The [seal of the State;] words "State of Hawaii"; and
5. The word "temporary"."

SECTION 3. Section 291-51.5, Hawaii Revised Statutes, is amended to read as follows:

"§291-51.5 Special license plates. Upon application by a [disabled] person[,] with a disability, each county shall issue special license plates for the vehicle registered in the applicant's name if the vehicle is primarily used to transport that person. The fee for the issuance of [a] special license [plate] plates shall not exceed the fee charged for [a] similar license [plate] plates for the same class vehicle."

SECTION 4. Section 291-51.6, Hawaii Revised Statutes, is amended to read as follows:

"§291-51.6 [Temporary] Issuance of temporary removable parking placards. [The county shall require that the application for a temporary removable windshield placard be accompanied by a certificate of disability which verifies that the applicant meets the definition of a disabled person. The certification shall also include the period of time that the physician determines the applicant will have the disability, not to exceed six months. The temporary removable windshield placard shall be valid for a period of time for which the physician has determined that the applicant will have the disability, not to exceed six months from the date of issuance.] Each county may issue one temporary removable windshield placard to each applicant who so requests and presents a certificate of disability that verifies the duration of the applicant's disability in monthly increments that shall not exceed six months and upon payment of a fee to the county issuing agency. The temporary removable windshield placard fee amount shall be established by the disability and communication access board. The temporary removable windshield placard shall expire at the end of the last month of the applicant's disability. A second temporary removable windshield placard may be issued to each applicant who so requests and upon payment of a fee to the county issuing agency. The second temporary removable windshield placard fee amount shall be established by the disability and communication access board. The second temporary removable windshield placard shall have the same date of expiration as the temporary removable windshield placard issued to the applicant. Upon expiration of a temporary removable windshield placard, a person with a disability may apply for a new temporary removable windshield placard upon return of the expired placard and presentation of a new certificate of disability. No person shall have more than two valid temporary removable windshield placards issued under this part at any time. The temporary removable windshield placard shall be designed, fabricated, and sold to the counties at a rate negotiated by the disability and communication access board."

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 have been issued by authorities of other states and countries, for the purpose of identifying persons permitted to:

SECTION 6. Section 291-52, Hawaii Revised Statutes, is amended to read as follows:

"§291-52 Issuance of removable windshield placard. Each county may issue one [distinguishing] removable windshield placard to each [disabled person] applicant who so requests and presents a certificate of disability[.] that verifies that the applicant's disability is expected to last for at least four years. The removable windshield placard shall expire four years after the date of its issuance. A second removable windshield placard may be issued to each applicant who so requests. The second removable windshield placard shall have the same date of expiration as the removable windshield placard issued to the applicant. A person with a disability may apply for a new removable windshield placard upon return of the expired placard and presentation of a new certificate of disability. No person with a disability shall have more than two valid removable windshield placards issued under this part at any time. The removable windshield placard shall be designed, fabricated, and sold to the counties at a rate negotiated by the disability and communication access board. [The county may charge a fee to cover its costs.]"

SECTION 7. 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 [plate] plates shall not be used by anyone other than the [disabled] person with a disability to whom it is issued unless it is being used in connection with the transport of the [disabled] person[.] with a disability. An unauthorized person using the removable windshield placard, temporary removable windshield placard, or special license [plate] 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 [$150] $250 nor more than [$300.] $500. A removable windshield placard, temporary removable windshield placard, or special license [plate] plates may be [revoked] confiscated by a law enforcement officer or special agent of the county law enforcement agency for any unauthorized use."

SECTION 8. Section 291-54, Hawaii Revised Statutes, is amended to read as follows:

"§291-54 Display of removable and temporary removable windshield placards. The placard 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 utilizing a parking space reserved for [disabled] persons[.] with disabilities. When there is no rearview mirror, the placard shall be displayed on the dashboard."

SECTION 9. Section 291-55 , Hawaii Revised Statutes, is amended to read as follows:

"§291-55 Parking privileges. Any vehicle displaying [the] special license plates, a removable windshield [placards,] placard, or a temporary removable windshield [placards] placard displaying the international symbol of access issued under this part shall be permitted to park, without payment of metered parking fees, in any metered parking space designated for the use of [disabled persons] a person with a disability in accordance with law. Any vehicle displaying special license plates, a removable windshield [placards,] placard, or temporary removable windshield [placards] placard displaying the international symbol of access issued under this part shall be permitted to park, without payment of metered parking fees in any metered or unmetered 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."

SECTION 10. Section 291-56, Hawaii Revised Statutes, is amended to read as follows:

"§291-56 Rules. The disability and communication access board may adopt rules under chapter 91 to carry out the purposes of this part, including rules for the issuance, renewal, [revocation,] confiscation, and suspension of removable windshield placards, temporary removable windshield placards, and special license plates, reciprocity, the replacement of lost, [or] stolen, or mutilated placards[,] and identification cards, the design of the placard and special license plates, signage and marking of parking spaces, and penalties."

SECTION 11. Section 291-57, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-57[]] [Disabled parking;] Parking spaces reserved for persons with disabilities; penalties. (a) A person using a parking space reserved for [disabled] persons with disabilities without properly displaying a removable windshield placard, a temporary removable windshield placard, or special license [plate,] plates, in accordance with this part or any rule adopted thereunder, shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than [$150] $250 nor more than [$300.] $500.

(b) Any [disabled] 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 and a picture identification to an enforcement officer upon request shall be guilty of a traffic infraction under chapter 291D and shall be fined not less than [$150] $250 nor more than [$300.] $500."

SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 13. This Act shall take effect on July 1, 2001.