Authorizes the principal of a public school to authorize temporary use of handicapped parking stalls during an emergency or hazardous traffic condition for students.

A BILL FOR AN ACT

SECTION 1. Section 302A-406, Hawaii Revised Statutes, is amended to read as follows:

"[[]§302A-406[]] Transportation of school children. (a) The department may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt such policy, procedure, and program as it deems necessary to provide suitable transportation. In formulating the policy, procedure, and program, the department shall consider the school district; the school attendance area in which a school child normally resides; the distance the school child lives from the school; the availability of public carriers or other means of transportation; the frequency, regularity, and availability of public transportation; and the grade level, physical handicap, or special learning disability of a school child, and it may also consider such conditions and circumstances unique or peculiar to a county or area.

(b) The department shall adopt rules under chapter 91 governing the supervision and administration of the transportation of school children under this section.

(c) Notwithstanding subsection (b) or any other law to the contrary, the principal of a school or the principal's designee may direct any school vehicle to use parking spaces reserved for persons with disabilities for the temporary loading and unloading of students, when deemed necessary by the principal or the principal's designee to ensure student safety."

SECTION 2. 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 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) Any citation issued under this chapter may be mailed to the violator pursuant to section 291C-165(b).

(d) This section shall not apply to the use of parking spaces reserved for persons with disabilities by any school vehicle for the temporary loading and unloading of students pursuant to section 302- ."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.