SB 1009: State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

A BILL FOR AN ACT

RELATING TO PARKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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 fifty per cent of the fines be deposited into the safe routes to school program special fund and fifty per cent of the fines be deposited into the general 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] 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 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] not 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.  Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall 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] not 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.  Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall 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 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 $50.  The state reserved parking space enforcement fine shall be enforced and collected by the district courts.  Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall 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 upon its approval.

Report Title:

State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state reserved parking space enforcement fine for the unauthorized use of parking spaces reserved for persons with disabilities or electric vehicles.  Deposits fifty percent of all fines into the general fund and fifty percent of all fines into the Safe Routes to School Program Special Fund.  Specifies 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.  (CD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PARKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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.

Report Title:

State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state reserved parking space enforcement fine for the unauthorized use of parking spaces reserved for persons with disabilities or electric vehicles to be deposited into the Safe Routes to School Program Special Fund.  Specifies 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.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PARKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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.

Report Title:

State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state reserved parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles to be deposited into the Safe Routes to School Program Special Fund.  Increases the fines for any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PARKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the statewide parking program for persons with disabilities was established under part III of chapter 291, Hawaii Revised Statutes, pursuant to the federal Uniform System for Parking for Persons with Disabilities, as adopted in title 23 Code of Federal Regulations section 1235.  The disability and communication access board administers the program, which together with the counties, issues 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] 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 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] not 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.

     (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] not 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."

     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 guilty of a traffic infraction under chapter 291D [and shall], be fined not less than [$50] $250 nor more than [$100,] $500, and [shall] 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."

     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 upon its approval.

Report Title:

State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state reserved parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles.  Increases the fines for any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles.  Requires the state reserved parking space enforcement fine to be deposited into the Safe Routes to School Program Special Fund.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PARKING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the statewide parking program for persons with disabilities, was established under part III of chapter 291, Hawaii Revised Statutes, pursuant to the federal Uniform System for Parking for Persons with Disabilities, as adopted in title 23 Code of Federal Regulations section 1235.  The disability and communication access board administers the program, which together with the counties, issues 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 with 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 special fund.

     SECTION 2.  Section 291-57, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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] not 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 a state reserved parking space enforcement fine of $100.  The fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund."

     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 guilty of a traffic infraction under chapter 291D [and shall], be fined not less than [$50] $250 nor more than [$100,] $500, and [shall] 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 a state reserved parking space enforcement fine of $100.  The fine shall be enforced and collected by the district courts and be deposited into the safe routes to school program special fund."

     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 upon its approval.

Report Title:

State Reserved Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state reserved parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles.  Increases the fines for any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles.  Requires the fine to be deposited into the Safe Routes to School Special Fund.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to parking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that the statewide parking program for persons with disabilities, was established under part III of chapter 291, Hawaii Revised Statutes, pursuant to the federal Uniform System for Parking for Persons with Disabilities, as adopted in title 23 Code of Federal Regulations section 1235.  The disability and communication access board administers the program, which together with the counties, issues 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 with 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 accessible 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 state general fund.

     SECTION 2.  Section 291-57, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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] not 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 a state accessible parking space enforcement fine of $100.  The fine shall be enforced and collected by the district courts and be deposited into the state general fund."

     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 guilty of a traffic infraction under chapter 291D [and shall], be fined not less than [$50] $250 nor more than [$100,] $500, and [shall] 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 a state accessible parking space enforcement fine of $100.  The fine shall be enforced and collected by the district courts and be deposited into the state general fund."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

State Accessible Parking Space Enforcement Fine; Parking; Persons with Disabilities; Electric Vehicles

Description:

Establishes a state accessible parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles.  Increases the fines for any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles.  Requires the fine to be deposited into the state general fund.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

CONFERENCE COMMITTEE REP. NO. 203

Honolulu, Hawaii

                 , 2025

RE:    S.B. No. 1009

       S.D. 2

       H.D. 2

       C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir and Madam:

     Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1009, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

     The purpose of this measure 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 to be deposited into the Safe Routes to School Program Special Fund; and

     (2)  Specify 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.

     Your Committee on Conference finds that existing regulations, penalties, and enforcement have been insufficient to deter the widespread improper use of parking spaces reserved for persons with disabilities or electric vehicles.  This abuse inhibits accessibility for persons with disabilities and disincentivizes the transition to more sustainable modes of transportation.  Therefore, this measure establishes an additional fine to discourage the unauthorized use of parking spaces reserved for persons with disabilities or electric vehicles.

     Your Committee on Conference has amended this measure by:

     (1)  Specifying that the additional state reserved parking space enforcement fine for unauthorized use of a parking space reserved for persons with disabilities is $100, rather than $25;

     (2)  Specifying that fifty percent of all fines collected from the state reserved parking space enforcement fine shall be deposited into the Safe Routes to School Program Special Fund, rather than one hundred percent, and fifty percent shall be deposited into the general fund;

     (3)  Specifying that additional state reserved parking space enforcement fine for unauthorized use of a parking space reserved for electric vehicles is $50, rather than $25;

     (4)  Amending section 1 to reflect its amended purpose; and

     (5)  Making it effective upon its approval.

     As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1009, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1009, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

STAND. COM. REP. NO.  1949

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1009

      S.D. 2

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred S.B. No. 1009, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

begs leave to report as follows:

     The purpose of this measure 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 electric vehicle charging system is inoperable or broken; and

     (3)  Require monies collected from state reserved parking space enforcement fines to be deposited into the Safe Routes to School Program Special Fund.

     Your Committee received testimony in support of this measure from Ulupono Initiative; Hawaii Electric Vehicle Association; Climate Protectors Hawaiʻi; and Oahu Metropolitan Planning Organization.  Your Committee received comments on this measure from the Department of Budget and Finance; Department of Accounting and General Services; Disability and Communication Access Board; Hawaiian Electric; and Hawaiʻi Appleseed Center for Law & Economic Justice.

     Your Committee notes the concerns regarding the amount of the additional state reserved parking space enforcement fine for violations of use of a parking space reserved for persons with disabilities and defers to your Committee on Judiciary & Hawaiian Affairs in determining an appropriate fine amount.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1009, S.D. 2, H.D. 2, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  1452

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1009

      S.D. 2

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1009, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

begs leave to report as follows:

     The purpose of this measure 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, to be deposited into the Safe Routes to School Program Special Fund; and

     (2)  Increase the fines for any person who parks a non-electric vehicle in a space designated and marked for electric vehicles.

     Your Committee received testimony in support of this measure from the Disability and Communication Access Board; Ulupono Initiative; Climate Protectors Hawaiʻi; Hawaii Electric Vehicle Association; Retail Merchants of Hawaii; Oahu Metropolitan Planning Organization; Hawaiian Electric; and two individuals.  Your Committee received comments on this measure from the Department of Accounting and General Services; Department of Budget and Finance; and Hawaii Appleseed Center for Law & Economic Justice.

     Your Committee finds that proper enforcement of parking spaces for persons with disabilities and electric vehicle charging is crucial to ensure access for legitimate users and support the adoption of electric vehicles for a sustainable future.

     Your Committee has amended this measure by:

     (1)  Changing the state reserved parking enforcement fine to $25, rather than $100;

     (2)  Removing the increase of the fines for 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;

     (3)  Specifying that a fine shall not be imposed on a person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles if the charging system is inoperable or broken; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1009, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 1009, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1199

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1009

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Transportation, to which was referred S.B. No. 1009, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Establish a state reserved parking space enforcement fine for parking in spaces reserved for persons with disabilities or electric vehicles, to be deposited into the Safe Routes to School Program Special Fund; and

     (2)  Increase fines for any person parking a non-electric vehicle in a space designated and marked for electric vehicles.

     Your Committee received testimony in support of this measure from the Ulupono Initiative; Retail Merchants of Hawaii; Hawaiian Electric; Climate Protectors Hawaii; Kauai Climate Action Coalition; and four individuals.  Your Committee received comments on this measure from the Department of Budget and Finance; Department of Accounting and General Services; and Hawai‘i Appleseed Center for Law & Economic Justice.

     Your Committee finds that the improper use of parking spaces reserved for persons with disabilities and electric vehicles creates significant accessibility challenges and undermines the intent of these designations.  Your Committee believes that insufficient enforcement and inadequate penalties have contributed to ongoing misuse, limiting access for individuals who rely on these spaces for mobility and vehicle charging.  This measure strengthens enforcement by increasing fines for unauthorized parking in these reserved spaces.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes the concerns regarding whether the Department of Accounting and General Services should cite vehicles parked in an electric vehicle charging stall that is inoperable.

     As affirmed by the record of votes of the members of your Committee on Transportation that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1009, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1009, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation,

STAND. COM. REP. NO. 1055

Honolulu, Hawaii

RE:    S.B. No. 1009

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 1009, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

beg leave to report as follows:

     The purpose and intent of this measure 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 the 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 fine to be deposited into the Safe Routes to School Program Special Fund.

     Your Committees received testimony in support of this measure from the Disability and Communication Access Board, Hawaii Electric Vehicle Association, Ulupono Initiative, and two individuals.

     Your Committees received comments on this measure from the Department of Budget and Finance and Department of Accounting and General Services.

     Your Committees find that abuse of parking spaces reserved for individuals with disabilities can inhibit accessibility to state facilities and amenities.  Additionally, abuse of parking spaces designated for electric vehicles limits availability to charging stations utilizing clean energy resources, disincentivizing operators of zero emission motor vehicles.  Therefore, greater oversight of parking enforcement is imperative to maintaining accessibility for patrons of state-owned and operated facilities.  This measure will deter disruptive parking behaviors while promoting cleaner modes of transportation.

     Your Committees have amended this measure by:

     (1)  Imposing the state reserved parking space enforcement fine on any person who uses a parking space reserved for persons with disabilities in certain circumstances;

     (2)  Clarifying that 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; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1009, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 1009, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

STAND. COM. REP. NO. 127

Honolulu, Hawaii

RE:    S.B. No. 1009

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Transportation and Culture and the Arts, to which was referred S.B. No. 1009 entitled:

"A BILL FOR AN ACT RELATING TO PARKING,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish a state accessible parking space enforcement fine for parking in parking spaces reserved for persons with disabilities or electric vehicles;

     (2)  Increase the 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 fine to be deposited into the state general fund.

     Your Committee received testimony in support of this measure from the Disability and Communication Access Board and one individual.

     Your Committee received comments on this measure from the Department of Accounting and General Services and one individual.

     Your Committee finds that existing statute regulates the designation of parking spaces and the regulation of parking enforcement for both electric vehicle spaces and spaces reserved for persons with disabilities.  The ability for individuals with disabilities and individuals with electric vehicles to park in specialized parking spaces allows them necessary access to the amenities of the spaces.  Your Committee further finds that the frequent improper use of designated parking spaces has been insufficiently enforced and has not been an adequate deterrent in decreasing unauthorized vehicles in designated spaces.  Accordingly, this measure offers an additional method of enforcement to address the misuse of parking spaces designated for electric vehicles and for individuals with disabilities through new and increased fines.

     Accordingly, your Committee has amended this measure by:

     (1)  Changing the name of the new fine from the "state accessible parking space enforcement fine" to "state reserved parking space enforcement fine";

     (2)  Amending language to deposit all fines collected from the state reserved parking space enforcement fine into the Safe Routes to School Program Special Fund;

     (3)  Amending section 1 to reflect its amended purpose; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     Your Committee notes the testimony of the Disability and Communication Access Board that since this measure also imposes fines on non-electric vehicles parked in spaces reserved for electric vehicles therefore the fine should be designated as the state reserved parking space enforcement fine.

     Your Committee acknowledges that comments and concerns were brought forward by the Department of Accounting and General Services (DAGS) regarding the placement of fines.  The testimony of DAGS notes that their Automotive Management Division operates on the funds from the State Parking Control Revolving Fund where parking enforcement fines are currently deposited.  DAGS requests that all parking enforcement fines be deposited into the State Parking Control Revolving Fund.  Your Committee recognizes the concerns of DAGS, and notes that this measure will only deposit fines from the state reserved parking space enforcement fine established into the Safe Routes to School Special Fund.

     Your Committee further notes the question discussed in the public hearing on this measure relating to posting new state reserved parking space enforcement fine amounts on every sign that designates a reserved parking space.  Should your Committees on Judiciary and Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider the comments and questions relating to the publicization of the new fine established in this measure.

     As affirmed by the record of votes of the members of your Committee on Transportation and Culture and the Arts that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1009, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1009, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Transportation and Culture and the Arts,