SB2195

SECTION 1. The purpose of this Act is to allow companies or facilities whose primary function is to transport disabled persons to qualify for removable windshield placards and license plates that designate the approved use of parking stalls reserved for disabled persons.

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

1. By adding a new definition to be appropriately inserted and to read:

""Qualified company or facility" means a company, nonprofit organization, or facility that has applied for and received a temporary removable windshield placard, a removable windshield placard, or special license plates, and an identification card issued through rules adopted by the disability and communication access board pursuant to section 291-56."

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

""Removable windshield placard" means a two-sided, hanger-style placard issued under this part to a qualified company or facility, or a person with a disability who presents a certificate of disability that verifies that the applicant's disability is expected to last for at least four years."

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

""Temporary removable windshield placard" means a two‑sided, hanger-style placard issued under this part to [a]:

(1) A person with a disability who presents a certificate of disability that verifies the person's disability in monthly increments, which shall not exceed six months[.]; and

(2) A qualified company or facility for a temporary period set by rules adopted by the disability and communication access board."

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

"§291-51.5 Special license plates. (a) 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.

(b) Each county shall issue special license plates for each vehicle shown to be owned and operated by a qualified company or facility and used for the primary purpose of providing transportation services to persons with disabilities. Any limit on the number of special license plates that may be issued to a single qualified company or facility may be set by the disability and communication access board.

(c) 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 291-51.6, Hawaii Revised Statutes, is amended to read as follows:

"§291‑51.6 Issuance of temporary removable windshield placards. (a) Each county shall issue one temporary removable windshield placard and a second temporary removable windshield placard to each applicant who requests and presents a certificate of disability that verifies the duration of the applicant's disability in monthly increments, which shall not exceed six months, and upon payment of a fee to the issuing agency.

(b) Each county shall issue to a qualified company or facility a temporary removable windshield placard approved through rules adopted by the disability and communication access board. A qualified company or facility that is issued a temporary removable windshield placard may, upon its expiration, apply for a new temporary removable windshield placard in accordance with rules adopted by the disability and communication access board.

(c) All fees collected by the counties for issuing temporary removable windshield placards shall be deposited into the state general fund.

(d) 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 291-52, Hawaii Revised Statutes, is amended to read as follows:

"§291‑52 Issuance of removable windshield placard. (a) Each county shall issue one removable windshield placard and a second removable windshield placard to each 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.

(b) Each county shall issue a removable windshield placard to a qualified company or facility approved through rules adopted by the disability and communication access board, with an expiry date that is set by rule.

(c) The removable windshield placard shall be designed, fabricated, and sold to the counties at a rate negotiated by the disability and communication access board."

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~~] an 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 to a designated employee of a qualified company or facility. A limit on the number of identification cards that may be issued to a single qualified company or facility may be set by the disability and communication access board."

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 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~~] submission to the issuing agency of:

[~~(A)~~] (1) A written statement by a person with a disability or an officer or manager of a qualified company or facility, that the placard or identification card was either lost, stolen, or mutilated; [~~and~~

~~(B)~~ ~~A completed~~] (2) An approvable application for a new removable windshield placard, temporary removable windshield placard, or identification card to the issuing agency; and

[~~(2)~~] (3) Payment of [a] the applicable 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 8. Section 291-52.7, Hawaii Revised Statutes, is amended to read as follows:

"§291-52.7 Fraudulent manufacture or alteration of placards and identification cards. Any person who fraudulently manufactures or alters a removable windshield placard, temporary removable windshield placard, or identification card for personal use, sale, or issuance to another person or entity to circumvent the issuance requirements of this part, or any person [~~who~~] or entity that uses a fraudulently manufactured or altered placard 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 and of each identification card for personal use, sale, or issuance or [~~is otherwise used~~] any other use of the placard or identification card 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 shall not be used by [~~anyone~~] any party other than the person with a disability or qualified company or facility to [~~whom~~] which it [is] has been issued unless it is being used in connection with the transport of [~~the~~] a person with a disability[.] who has been issued a valid identification card under this part. An unauthorized person or entity 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. 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 291-57, Hawaii Revised Statutes, is amended by amending subsection (a) 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;

(2) Displays an invalid removable windshield placard, an invalid temporary removable windshield placard, or invalid special license plates;

(3) Uses a removable windshield placard, a temporary removable windshield placard, or special license plate that was not issued to that person, that person's employer as a qualified company or facility, 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:

(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 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."

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

THE SENATE	S.B. NO.	2195
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII