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Committee hears bill to reclassify disability‑parking violations, increase fines and ease enforcement
Summary
House Bill 38 would change unauthorized use of accessible parking from a misdemeanor to a parking violation, raise fines and create penalties for false placard claims; disability advocates and local governments told the House Judiciary Committee they support the change to improve enforcement and accessibility.
Representative Greg Oblender opened House Bill 38 by describing the daily accessibility problems that occur when non‑eligible drivers occupy accessible spaces or access aisles. He framed the bill as an effort to strengthen protections for people with disabilities by making enforcement easier and increasing penalties.
“People that are in a car … might just run in real quick,” Representative Greg Oblender said, describing how accessible spaces and access aisles are used. He described the bill’s core elements: reclassifying the offense from a misdemeanor to a parking violation; increasing the first‑offense fine (sponsor described $150 for first violation and higher amounts for subsequent violations); and making the registered owner liable if the vehicle was used by someone else unless the owner shows the vehicle was used without consent.
Advocates and local officials testified in support. Kelly Lynch, executive director of the Montana League of Cities and Towns, said the current misdemeanor classification imposes criminal‑process burdens that deter municipal enforcement and that reclassifying the offense will let ordinary parking enforcement handle violations more efficiently. “That is the gist of what we have tried to do with this bill,” Lynch said, noting a tiered scale of penalties and an existing appeals process.
Representatives of disability‑service organizations — Rebecca Myers (Montana Area Agencies on Aging and Montana Community Disability Services), Margaret Keener (North Central Independent Living Services), Travis Hoffman (Summit Independent Living) — and disability‑rights advocates described real‑world impacts: wheelchair users who need the wider van aisles, longtime shortages of available accessible stalls, and safety risks when aisles are blocked. Individual witnesses described needing an 8‑foot clear area for ramps and how a $100 fine has not deterred repeat misuse.
The sponsor and witnesses also addressed enforcement on private property, noting the bill is written to allow citation on public ways and allowed “ways of Montana” interpretation that can include private lots; witnesses said the change from criminal to parking enforcement makes local monitoring more feasible.
Key clarifications offered during testimony included: first‑offense fines would rise from $100 to a proposed $150 (and higher for repeat offenses); owners can be ticketed if someone else used their vehicle unless they can prove lack of consent; and the bill criminalizes false statements to obtain placards or plates and creates a more enforceable penalty structure that does not require full criminal procedure for each violation.
The committee heard broad support from disability advocates and civic groups and no in‑room opponents. The sponsor asked for a do‑pass vote going forward.
