| 47 | | - | SECTION 1. The legislature finds that the statewide parking program for persons with disabilities was established to issue disability parking permits to applicants who are certified by a physician or advance practice registered nurse. A vehicle displaying a disability parking permit is authorized to park in spaces designed and reserved for persons with mobility disabilities. However, improper use and insufficient enforcement impact access for legitimate program participants. The legislature further finds that adoption of electric vehicles is a vital step in the State's efforts to combat climate change, reach the 2045 mandated carbon neutrality, and create a more sustainable future. The legislature has made efforts to encourage and facilitate the adoption of electric vehicles with tax credits and designated charging parking spaces. These parking spaces not only encourage the adoption of electric vehicles but are a vital component to personal and statewide use. The ability to park in an electric vehicle space allows individuals to make sure they can continue to use their vehicle with ease and have the security to make it to their next destination with adequate fuel. The use of these spaces by non‑electric vehicles not only takes away an incentive granted to electric vehicle drivers, but can imperil their transportation use by not allowing them the opportunity to recharge. Therefore, the purpose of this Act is to: (1) Establish a state reserved parking space enforcement fine for the unauthorized use of parking spaces reserved for persons with disabilities or electric vehicles; (2) Specify that a fine shall not be imposed on a person who parks in a parking space reserved for electric vehicles if the charging system is inoperable or broken; and (3) Require the fines be deposited into the safe routes to school program special fund. SECTION 2. Section 291-57, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) Any person who uses a parking space reserved for persons with disabilities who: (1) Fails to properly display a disability parking permit; (2) Displays an invalid disability parking permit; (3) Uses a disability parking permit that was not issued to that person or to any passengers occupying the vehicle in the parking space; or (4) With or without a disability parking permit: (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 no 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 disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall pay a fine of no less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $25; provided that a person with a disability who has been issued a valid disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall not be assessed the state reserved parking space enforcement fine. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4. (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 no less than $250 nor more than $500[.], and pay any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $25. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4." SECTION 3. Section 291-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles or parks any vehicle in a parking space equipped with an electric vehicle charging system while not actively charging shall [be]: (1) Be guilty of a traffic infraction under chapter 291D [and shall be]; (2) Be fined [not] no less than $50 nor more than $100[,]; and [shall pay] (3) Pay any costs incurred by the court related to assessing the fine[.]; provided that a fine shall not be imposed on a person who parks in a space designated and marked as reserved for electric vehicles if the electric vehicle charging system is visibly inoperable or broken, as determined by an enforcement officer upon visual inspection. The enforcement officer shall document the inoperability of the charging system in their report. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $25. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4." SECTION 4. Section 291C-4, Hawaii Revised Statutes, is amended to read as follows: "§291C-4 Safe routes to school program special fund; establishment. There [is] shall be established in the state treasury the safe routes to school program special fund, into which shall be deposited: (1) Assessments collected for speeding in a school zone, pursuant to section 291C-104; [and] (2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5[.]; and (3) Moneys collected from state reserved parking space enforcement fines pursuant to sections 291-57 and 291‑72." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that the statewide parking program for persons with disabilities was established to issue disability parking permits to applicants who are certified by a physician or advance practice registered nurse. A vehicle displaying a disability parking permit is authorized to park in spaces designed and reserved for persons with mobility disabilities. However, improper use and insufficient enforcement impact access for legitimate program participants. The legislature further finds that adoption of electric vehicles is a vital step in the State's efforts to combat climate change, reach the 2045 mandated carbon neutrality, and create a more sustainable future. The legislature has made efforts to encourage and facilitate the adoption of electric vehicles with tax credits and designated charging parking spaces. These parking spaces not only encourage the adoption of electric vehicles but are a vital component to personal and statewide use. The ability to park in an electric vehicle space allows individuals to make sure they can continue to use their vehicle with ease and have the security to make it to their next destination with adequate fuel. The use of these spaces by non‑electric vehicles not only takes away an incentive granted to electric vehicle drivers, but can imperil their transportation use by not allowing them the opportunity to recharge. Therefore, the purpose of this Act is to: (1) Establish a state reserved parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles; (2) Increase fines for any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles; and (3) Require the fines be deposited into the safe routes to school program special fund. SECTION 2. Section 291-57, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows: "(a) Any person who uses a parking space reserved for persons with disabilities who: (1) Fails to properly display a disability parking permit; (2) Displays an invalid disability parking permit; (3) Uses a disability parking permit that was not issued to that person or to any passengers occupying the vehicle in the parking space; or (4) With or without a disability parking permit: (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 no 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 disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall pay a fine of no less than $25 nor more than $100 and any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $100; provided that a person with a disability who has been issued a valid disability parking permit that is currently in effect, and who has failed to display the disability parking permit while parking in a space reserved for persons with disabilities, shall not be assessed the state reserved parking space enforcement fine. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4. (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 no less than $250 nor more than $500[.], and pay any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $100. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4." SECTION 3. Section 291-72, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles or parks any vehicle in a parking space equipped with an electric vehicle charging system while not actively charging shall [be]: (1) Be guilty of a traffic infraction under chapter 291D [and shall be]; (2) Be fined [not] no less than [$50] $250 nor more than [$100,] $500; and [shall pay] (3) Pay any costs incurred by the court related to assessing the fine. In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $100. The state reserved parking space enforcement fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund established pursuant to section 291C-4." SECTION 4. Section 291C-4, Hawaii Revised Statutes, is amended to read as follows: "§291C-4 Safe routes to school program special fund; establishment. There is established in the state treasury the safe routes to school program special fund, into which shall be deposited: (1) Assessments collected for speeding in a school zone, pursuant to section 291C-104; [and] (2) Safe routes to school program surcharges collected in accordance with sections 291-16 and 291C-5[.]; and (3) Moneys collected from state reserved parking space enforcement fines pursuant to sections 291-57 and 291‑72." SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 3000. |
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