Amends the requirements for parking for disabled persons to include a definition for law enforcement officers; modifies replacement procedures; modifies penalties for violations; modifies requirements for displaying placards; and clarifies parking requirements.

A BILL FOR AN ACT

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

"§291-   Authorized vehicles. Only vehicles that properly display a valid parking placard or special license plates may be parked legally in a parking space reserved for persons with disabilities."

SECTION 2. Section 291-51, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Application" means a form designed by the State of Hawaii disability and communication access board for the purpose of obtaining a removable windshield placard, temporary removable placard, identification card, or special license plates.

"Law enforcement officer" means any duly commissioned police officer, special commissioned police officer, or volunteer enforcement officer, whether employed by the State, a political subdivision, or by the United States, vested by law with a duty to maintain public order, make arrests for offenses or to enforce the criminal laws, or enforce the traffic laws, regulations and ordinances, whether that duty extends to all offenses or is limited to a specific class of offenses."

SECTION 3. Section 291-51, Hawaii Revised Statutes, is amended by amending the definition of "issuing agency" to read as follows:

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

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) A physician 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 shall be guilty of a [petty] misdemeanor. Each fraudulent verification shall constitute a separate offense.

(b) A person who falsely submits a disability parking permit application for a removable windshield placard, temporary removable windshield placard, or special license plates to an issuing agency in order to obtain a removable windshield placard, temporary removable windshield placard, or special license plates shall be guilty of a misdemeanor. Each fraudulent application 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] that have been issued by authorities of other states, the District of Columbia, the possessions of the United States, and foreign countries, for the purpose of identifying persons permitted to:

SECTION 6. Section 291-52.5, Hawaii Revised Statutes, is amended to read as follows:

"§291-52.5 Issuance of identification card. Each issuing agency shall issue one photo identification card at the same time it issues a removable windshield placard, temporary removable windshield placard, or special license plates 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 lost, stolen, [or] mutilated, or confiscated placard or identification card. A removable windshield placard, temporary removable windshield placard, or identification card that is reported lost, stolen, [or] mutilated, or confiscated may be replaced upon the submittal of [a written statement by a person with a disability that the placard or identification card was either lost, stolen, or mutilated and] a completed application for a removable windshield placard, temporary removable windshield placard, or identification card to the issuing agency[.] by a person with a disability."

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 clearly displayed in such a manner that [it] the placard identification number and expiration date may be viewed from the front [and] or rear of the vehicle by hanging it from the front windshield rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities. When there is no rearview mirror, the placard shall be clearly displayed on the dashboard[.] in such a manner that the placard identification number and expiration date may be viewed by a law enforcement officer."

SECTION 9. Section 291-57, Hawaii Revised Statutes, is amended to read as follows:

"§291-57 Parking spaces reserved for persons with disabilities; penalties. (a) Any person who uses a parking space reserved for persons with disabilities who:

shall be guilty of a traffic infraction under chapter 291D and shall be fined not 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 that is currently in effect, and who has failed to display the placard or license plate while parking in a space reserved for persons with disabilities, shall pay a fine of not less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine.

(b) Any person with or without a removable windshield placard, a temporary removable windshield placard, or special license plates who:

[(b)] (c) 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 less than $250 nor more than $500.

[(c)] (d) Any citation issued under this chapter may be mailed to the violator pursuant to section 291C-165(b).

(e) Not later than thirty days after the conclusion of each quarter of the fiscal year, the director of finance of the State shall distribute not less than $5 per citation from all fines and forfeitures received during that quarter for adjudicated and unadjudicated traffic infractions under sections 291-51.4, 291-52.7, 291-53, 291-57, and 291-58 to the director of finance of the county in which the traffic infraction occurred."

SECTION 10. Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-58[]] Requirement to provide parking for persons with disabilities; penalty. [Beginning July 1, 2002, any] Any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part. [A] Any public or private entity that fails to comply with this section shall be fined not less than $250 nor more than $500 for each separate offense. Each day of violation shall constitute a separate offense. [Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action.]"

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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

SECTION 13. This Act shall take effect upon its approval.