Revise laws relate to disability parking

- 2025
69th Legislature 2025 HB 38
- 1 - Authorized Print Version – HB 38
ENROLLED BILL
AN ACT GENERALLY REVISING LAWS RELATED TO DISABILITY PARKING; INCREASING FINES FOR
VIOLATIONS; ESTABLISHING THAT A PERSON WHO PROVIDES FALSE INFORMATION OR ASSISTS AN
UNQUALIFIED PERSON IN ACQUIRING CERTAIN DISABILITY PARKING ACCOMMODATIONS IS GUILTY
OF A MISDEMEANOR; AND AMENDING SECTION 49-4-307, MCA.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 49-4-307, MCA, is amended to read:
"49-4-307. Penalty Penalties. (1) (a) A Except as provided in subsection (1)(b), a person who parks
a motor vehicle or motorcycle in violation of 49-4-302(2) is guilty of a misdemeanor and is punishable by a fine
of $100 or (3) shall be fined:
(i) for a first violation, not less than $150 or more than $250; and
(ii) for a second or subsequent violation, not less than $250 or more than $500.
(b) However, a A person charged with violating who violates 49-4-302(2) or (3) may not be
convicted fined if within 3 business days the person produces in court or the office of the arresting officer a
disability parking permit that was previously issued to the person and that is was valid at the time of arrest the
parking violation.
(2) If the operator was not with the motor vehicle at the time of the violation, the registered owner
of the motor vehicle is personally responsible. A defense that the motor vehicle was parked in violation of 49-4-
302(2) or (3) by a person other than the registered owner is not allowed unless it is shown that the motor
vehicle was being used at the time without the consent of the registered owner.
(3) A person who provides false information in order to acquire or who assists an unqualified
person in acquiring a disability license plate issued under 61-3-458(4)(b) or (4)(i), a license plate displaying a
wheelchair as provided in 61-3-332(9), or a disability parking placard issued under this part or a person who
- 2025
69th Legislature 2025 HB 38
- 2 - Authorized Print Version – HB 38
ENROLLED BILL
abuses the privileges granted by this part is guilty of a misdemeanor punishable by a fine of not less than $300
or by community service not to exceed 10 hours dedicated to improving access for persons with disabilities, or
both.
(4) A sworn law enforcement official in the state or an officer who is authorized by a municipality
may enter any parking space, parking lot, or parking facility on the ways of this state open to the public as
defined in 61-8-101 or in a public right-of-way as defined in 60-1-103 to enforce the provisions of 49-4-302(2) or
(3) with respect to accessible parking for a person with a disability."
- END -
I hereby certify that the within bill,
HB 38, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 38
INTRODUCED BY G. OBLANDER
BY REQUEST OF THE LOCAL GOVERNMENT INTERIM COMMITTEE
AN ACT GENERALLY REVISING LAWS RELATED TO DISABILITY PARKING; INCREASING FINES FOR
VIOLATIONS; ESTABLISHING THAT A PERSON WHO PROVIDES FALSE INFORMATION OR ASSISTS AN
UNQUALIFIED PERSON IN ACQUIRING CERTAIN DISABILITY PARKING ACCOMMODATIONS IS GUILTY
OF A MISDEMEANOR; AND AMENDING SECTION 49-4-307, MCA.