HB2581

SECTION 1. Section 291-51, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Long-term care facility" shall have the same meaning as in section 349-21(f)."

SECTION 2. 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; fraud committed by long-term care facility; penalty. 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. A person who knowingly submits fraudulent information to the issuing agency to enable a long-term care facility to obtain a special license plate shall be guilty of a petty misdemeanor."

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 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. Upon application by a long-term care facility and pursuant to rules adopted under section 291-56, each county shall issue special license plates for the vehicle registered in the name of the long-term care facility if the vehicle is primarily used to transport persons with disabilities under the facility's care. The fee for the issuance of special license plates shall not exceed the fee charged for similar license plates for the same class vehicle."

SECTION 4. 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 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, or issues special license plates to a long-term care facility."

SECTION 5. Section 291-52.6, Hawaii Revised Statutes, is amended to read as follows:

"§291‑52.6 Replacement of a lost, stolen, or mutilated removable windshield placard or identification card. A removable windshield placard, temporary removable windshield placard, or identification card that is reported lost, stolen, or mutilated shall be replaced upon:

(1) Submittal to the issuing agency of:

(A) A written statement by a person with a disability or an employee of a long-term care facility that the placard or identification card was either lost, stolen, or mutilated; and

(B) A completed application for a removable windshield placard, temporary removable windshield placard, or identification card to the issuing agency; and

(2) Payment of a fee to the issuing agency.

All fees collected by the counties for replacement of a lost, stolen, or mutilated removable windshield placard shall be deposited into the state general fund."

SECTION 6. Section 291-53, Hawaii Revised Statutes, is amended to read as follows:

"§291-53 Nontransferability; penalty. (a) 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.

(b) Special license plates issued to a long-term care facility shall only be used in connection with the transport of a person with a disability. A person making any other use of special license plates issued to a long-term care facility 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.

(c) 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 7. 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, including procedures for verifying that a long-term care facility vehicle is primarily used to transport persons with disabilities under the facility's care;

(2) Decertification, reciprocity, and the replacement of placards and identification cards;

(3) The design of the placard, identification card, and special license plates;

(4) The establishment of fees for placards;

(5) Signage and marking of parking spaces; and

(6) Penalties."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2581
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII