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SB431
THE SENATE
S.B. NO.
431
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO PARKING FOR DISABLED PERSONS
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that parking spaces
reserved for persons with disabilities are vital for ensuring that public and
private places remain accessible to everyone in our community.
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When persons who are not entitled to use
these reserved spaces park in them nonetheless, they put that accessibility at
risk.
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The
legislature further finds that when a person illegally parks in a parking space
for persons with disabilities, that person often does so because they do not
understand the rules surrounding these spaces, or because they do not believe
they will be caught for doing so, or both.
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Accordingly,
the purpose of this Act is to enable those who are entitled to park in spaces
for persons with disabilities to report violations when they see them, and for
the State to use those reports to educate violators about the law and penalties
and deter future violations.
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SECTION
2
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Section 291-57,
Hawaii Revised Statutes, is amended to read as follows:
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�291-57
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Parking spaces reserved for persons with
disabilities; penalties[
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]
; citizen reporting.
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(a)
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Any person who uses a parking space
reserved for persons with disabilities who:
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(1)
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Fails to properly display a disability parking
permit;
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(2)
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Displays an invalid disability parking permit;
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(3)
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Uses a disability parking permit that was not
issued to that person or to any passengers occupying the vehicle in the parking
space; or
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(4)
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With or without a disability parking permit:
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(A)
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Parks
in an access aisle; or
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(B)
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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.
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(b)
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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.
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(c)
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Any
citation issued under this chapter may be mailed to the violator pursuant to
section 291C-165(b).
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(d)
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Any person who possesses a
valid special license plate, removable windshield placard, disabled paid
parking exemption permit, or identification card issued under this chapter, who
witnesses a violation of subsection (a) may submit a citizen's report of the
violation to the department of law enforcement.
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The report shall include sufficient photographic evidence to enable the
department of law enforcement to discern:
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(1)
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The
complete license plate number of the offender's vehicle;
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(2)
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That
the vehicle is not displaying a removable windshield placard or disabled paid
parking exemption permit; and
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(3)
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That
the vehicle is parked in a parking space reserved for persons with
disabilities.
The report shall also include the date, time, and
location of the violation, and the full legal name, telephone number, and
serial number of the removable windshield placard or parking permit belonging
to the reporting party.
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The director of
the department of law enforcement may require other information to be included
in the report, such as the make, model, and color of the offending vehicle.
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(e)
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Upon receipt of a citizen's
report pursuant to subsection (d), the department of law enforcement shall
review the report.
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If the department of
law enforcement is satisfied that the report is legitimate and the violation of
subsection (a) is more likely than not to have occurred, the department shall
mail a notice to the registered owner of the motor vehicle.
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The notice shall inform the owner that a
vehicle registered in the owner's name has been reported by a citizen for violating
subsection (a); provided that the notice shall not contain the name of the
reporting party.
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In addition, the notice
shall include the following information:
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(1)
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The
date, time, and location of the violation;
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(2)
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The
license plate number of the vehicle reported;
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(3)
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An
explanation of the conduct prohibited by this section; and
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(4)
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An
explanation of the fines permitted under this section
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(f)
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A notice issued pursuant to subsection (e)
shall not be treated as a summons, citation, or other penalty under this title.
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(g)
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The department of law enforcement shall adopt
rules pursuant to chapter 91, as may be necessary to implement this section.
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SECTION 3.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
DLE;
Traffic Violations; Parking for Disabled Persons; Citizen Reporting
Description:
Allows persons
entitled to park in disabled parking spaces to report vehicles illegally parked
in disabled parking spaces to the Department of Law Enforcement.
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Upon receipt of a legitimate report, requires
the Department to send a notice to the offender informing them of the report
and advising them of the law and penalties for illegally parking in a
handicapped space.
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