SB2445

SECTION 1. By amending the title of part III of chapter 291, Hawaii Revised Statutes, to read:

"PART III. PARKING FOR [~~DISABLED~~] PERSONS WITH

DISABILITIES AND NURSING FACILITY VEHICLES"

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

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

""Nursing facility vehicle" means any motor vehicle owned or operated by a nursing facility, as that term is defined in section 346E‑1, that is used solely to transport patients of the nursing facility."

2. By amending the definition of "access aisle" to read:

""Access aisle" means the area that is adjacent to a parking space reserved for a person with a disability or a nursing facility vehicle and that is to be used exclusively by that person or the nursing facility vehicle for the purpose of entering and exiting a vehicle."

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

""Parking space reserved for persons with disabilities or nursing facility vehicles" means a public or private parking space, including the access aisle, designated for the use of a person with a disability or nursing facility vehicle that 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, and is marked with a sign designating the parking space as reserved for persons with disabilities[.] or nursing facility vehicles."

4. 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]:

(1) 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[.]; or

(2) A nursing facility for a nursing facility vehicle that is used solely to transport patients of the nursing facility."

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

""Sign designating the parking space as reserved for persons with disabilities or nursing facility vehicles" means a sign [~~which~~] that contains:

(1) The words, "Reserved Parking";

(2) The international symbol of access;

(3) Words indicating that the space is reserved for parking by persons with disabilities or nursing facility vehicles who have valid placards or special license plates; and

(4) The maximum fine for parking illegally in the space."

6. 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 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[.], or to a nursing facility for a nursing facility vehicle that is used solely to transport patients of the nursing facility."

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[,] or a nursing facility for a nursing facility vehicle, 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[.], or, for a nursing facility vehicle if the vehicle is used solely to transport patients of the nursing facility. 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. Each county shall issue, upon payment of a fee to the issuing county, one temporary removable windshield placard and a second temporary removable windshield placard to each:

(1) Individual 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.~~]; and

(2) Nursing facility who so requests and who certifies to the county that the nursing facility vehicle is used solely to transport patients of the nursing facility.

All fees collected by the counties for issuing temporary removable windshield placards shall be deposited into the state general fund. 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~~] that have been issued by authorities of other states and countries, for the purpose of identifying persons or nursing facility vehicles permitted to:

(1) Utilize parking spaces reserved for persons with disabilities[;] or nursing facility vehicles; or

(2) Exercise other parking privileges afforded by the State, counties, or private property owners for the benefit of persons with disabilities[.] or nursing facility vehicles."

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

"§291‑52 Issuance of removable windshield placard[.]; individuals and nursing facilities. Each county shall issue one removable windshield placard and a second removable windshield placard to each:

(1) Individual 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[.]; and

(2) Nursing facility who so requests and who certifies to the county that the nursing facility vehicle is used solely to transport patients of the nursing facility.

The removable windshield placard shall expire four years after the date of its issuance. 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 7. 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 a nursing facility for a nursing facility vehicle."

SECTION 8. 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 nursing 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 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 other than the person with a disability or the nursing facility 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. 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 291-54, 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 persons with disabilities[.] or nursing facility vehicles. When there is no rearview mirror, the placard shall be displayed on the dashboard."

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

"§291-57 Parking spaces reserved for persons with disabilities[;] or nursing facility vehicles; penalties. (a) Any person who uses a parking space reserved for persons with disabilities or nursing facility vehicles 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 [~~or to~~], any passengers occupying the vehicle in the parking space[;], or to a nursing facility for a nursing facility vehicle; 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~~] persons with [~~a disability;~~] disabilities or nursing facility vehicles;

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~~] disabilities or a nursing facility 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[,] or nursing facility vehicles, 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 or nursing facility vehicles and refuses or fails to present an identification card issued under this [~~chapter~~] part 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.

SECTION 12. Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-58[]] Requirement to provide parking for persons with disabilities[;] or nursing facility vehicles; penalty. Beginning July 1, 2002, any public or private entity that provides a parking space reserved for persons with disabilities or nursing facility vehicles shall comply with this part and any administrative rules adopted under this part. A 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 13. Section 291-59, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-59[]] Enforcement. Notwithstanding any law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this part:

(1) A law enforcement officer may access the property of a private entity to enforce the provisions of this part; and

(2) A commissioned volunteer enforcement officer may access the property of a private entity during normal business hours of the entity to enforce the provisions of this part;

provided that the private entity's parking lot contains a parking space reserved for persons with disabilities[.] or nursing facility vehicles."

SECTION 14. Section 291C-165, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) In every case when a citation is issued, the original of the citation shall be given to the violator; provided that:

(1) In the case of an unattended vehicle, the original of the citation shall be affixed to the vehicle as provided for in section 291C-167; or

(2) In the case of:

(A) A vehicle utilizing the high occupancy vehicle lane illegally; or

(B) A vehicle illegally utilizing a parking space reserved for persons with disabilities[,] or nursing facility vehicles, where the violator refuses the citation;

the original of the citation shall be sent by certified or registered mail, with a return receipt that is postmarked within forty-eight hours of the time of the incident, as provided in section 291C-223 for vehicles illegally utilizing the high occupancy vehicle lane, or within seventy-two hours of the time of the incident for vehicles illegally utilizing a parking space reserved for persons with disabilities[,] or nursing facility vehicles, to the registered owner of the vehicle at the address on record at the vehicle licensing division. If the end of the applicable forty-eight or seventy-two hour period falls on a Saturday, Sunday, or holiday, then the ending period shall run until the end of the next day which is not a Saturday, Sunday, or holiday; provided that the administrative judge of the district courts may allow a carbon copy of the citation to be given to the violator or affixed to the vehicle and provide for the disposition of the original and any other copies of the citation."

SECTION 15. Section 348F-3, Hawaii Revised Statutes, is amended to read as follows:

"[[]§348F-3[]] Duties and functions of the board. The board shall perform the following duties and functions:

(1) Establish guidelines for the design of buildings and facilities by or on behalf of the State and counties in accordance with section 103-50;

(2) Provide review and recommendations on all state and county plans for buildings and facilities, in accordance with section 103-50;

(3) Establish guidelines for the utilization of communication access services provided for persons who are deaf, hard-of-hearing, or deaf-blind in state programs and activities. Guidelines include, but are not limited to, determining the qualifications of interpreters who may provide services, the amount of payment to interpreters, and the credentialing of interpreters who do not hold national certification via a state screening process;

(4) Administer the statewide program for parking for [~~disabled persons,~~] persons with disabilities and nursing facility vehicles, in accordance with part III of chapter 291;

(5) Serve as public advocate of persons with disabilities by providing advice and recommendations on matters relating to access for persons with disabilities, with emphasis on legislative matters, administrative rules, policies, and procedures of the state and county governments;

(6) Review and assess the problems and needs relating to access for persons with disabilities in the State in order to provide recommendations in the improvement of laws and services;

(7) Serve as the designated state agency to coordinate the efforts of the State to comply with the requirements of the Americans with Disabilities Act for access to services, employment, telecommunications, and facility and site design;

(8) Provide technical assistance and guidance to, but not limited to, state and county entities in order to meet the requirements of state, federal, and county laws providing for access for persons with disabilities through public education programs and other voluntary compliance efforts; and

(9) Administer funds allocated for its work, including disbursement and allocation of funds that may be available from public and private sources; provided that such disbursement and allocation shall be consistent with the specific requirements and purposes of this chapter."

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 18. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2445
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII