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House strengthens penalties for illegal disability parking, makes registered owner liable in many cases
Summary
The House amended and passed House Bill 38 to increase fines for disability parking violations, convert certain violations into parking infractions, and establish owner liability when the vehicle was used by another person; the amendment passed 79-21 and the final bill passed 93-7 on second reading.
Representative Steve Oblander sponsored House Bill 38 to strengthen enforcement of disability-accessible parking. The bill updates Montana law from a misdemeanor framework to a tiered fine structure for illegally using disability parking spaces and access aisles, increases penalties, and clarifies enforcement procedures.
Representative Baum offered an amendment (HB38.002.001) to make the registered owner of a vehicle liable for citations when the vehicle was parked in a disabled parking space by someone other than the owner — mirroring owner-liability language used for other parking violations. Baum argued the change is consistent with standard parking enforcement and is necessary because municipalities historically did not pursue misdemeanor enforcement, undermining deterrence.
Opponents on the floor raised fairness concerns about owner liability when the registered owner had lent the car to a neighbor or household member. Representative Jay Hinkle said a passenger running an errand could cause an owner to face a large fine with little recourse. Supporters, including a lawmaker who identified as a tag-holder for a disability, stressed the burden on disabled people when spots are illegally occupied and said owner liability improves enforcement and deterrence.
The Baum amendment passed on a recorded vote, 79 aye and 21 no. The House then passed the amended bill on second reading, the clerk reporting 93 aye and 7 no. The bill replaces the misdemeanor framework with a traffic/parking violation structure and establishes tiered fines intended to deter repeat offenders; exact fine amounts are specified in the bill text and the session's fiscal note anticipates enforcement shifting to citation-based procedures rather than criminal prosecution.
Floor discussion included practical enforcement methods and public-safety considerations; sponsor Oblander described the measure as providing “more credence, more bite to the bill” while opponents urged caution to avoid unfairly penalizing vehicle owners for authorized use by others.
