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Committee backs tougher, civil enforcement for disability parking violations in hearing
Summary
House Bill 38 would move many ADA parking violations from misdemeanor to civil parking citations, raise first‑offense fines to a stronger tiered scale, and add penalties for providing false information to obtain a placard; disability advocates and municipal officials supported the changes at committee hearing.
Representative Greg Oblander opened House Bill 38, describing frequent misuse of disability parking spaces and a desire to give cities practical, enforceable tools. Oblander said the bill raises the first violation to a $150 fine (up from $100) with escalated penalties for repeated offenses, and makes the offense a parking violation rather than a misdemeanor so parking enforcement staff (not only police) can issue citations.
Kelly Lynch, executive director of the Montana League of Cities and Towns, testified in support and explained why municipalities favor a civil ticket process: prosecuting a misdemeanor requires court involvement (jury rights, court time) and discourages local enforcement. "This bill simply makes it a parking violation," Lynch said, adding that the bill creates tiered fines between $150 and $500 depending on repeat offenses and that standard parking appeals processes would apply.
Advocates who use accessible parking described barriers when stalls are illegally occupied. Katie Newman, who became a wheelchair user in 2022, said a $100 fine is not a sufficient deterrent and urged stronger penalties and better enforcement so people who depend on access aisles can get where they need to go.
The committee questioned the sponsor and advocates about owner liability when a vehicle is used by another person (e.g., a borrowed car), how the measure would operate on private property, and how the bill treats access aisles adjacent to parking spaces. Oblander said the registered owner would be responsible when the vehicle was not present and that the bill's "ways" language covers parking places including private lots, consistent with other parking statutes.
Proponents said making the offense a civil parking violation allows meter‑type enforcement, easier appeals, and more consistent application by cities and towns; opponents did not appear. The chair closed the hearing with proponents urging the committee to pass the bill to better protect mobility and accessibility for disabled Montanans.
What's next: The committee ended the hearing on HB38; supporters asked members to move the measure forward to improve practical enforcement of accessible parking laws.
