SB 1446: RELATING TO PARKING FOR DISABLED PERSONS.

A BILL FOR AN ACT

RELATING TO PARKING FOR DISABLED PERSONS.

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, as established under part III of chapter 291, Hawaii Revised Statutes, pursuant to the federal Uniform System for Parking for Persons with Disabilities, title 23 Code of Federal Regulations section 1235, and as administered by the disability and communication access board, provides individuals with mobility disabilities the ability to travel and park in accessible parking spaces via the use of parking placards.  However, improper design and signage of accessible parking spaces impedes access for program participants.

     The purpose of this Act is to authorize the counties to enact ordinances to enforce the accessible parking space design requirements of part III of chapter 291, Hawaii Revised Statutes, and any administrative rules adopted under that part to ensure unimpeded access for program participants.

     SECTION 2.  Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§291-58[]]  Requirement to provide parking for persons with disabilities; [penalty.] ordinances to enforce authorized.  [Beginning July 1, 2002, any public or private entity that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part.  A private entity that fails to comply with this section shall be fined not less than $250 nor more than $500 for each separate offense.  Each day of violation shall constitute a separate offense.  Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action.]  (a)  Each county may enact ordinances to:

     (1)  Enforce the design and construction requirements of this part, and any administrative rules adopted pursuant to this part, pertaining to the provision of parking spaces and access to parking spaces reserved for persons with disabilities, including but not limited to the number, location, design, and signage of these parking spaces; and

     (2)  Establish penalties for failure to comply with the ordinances adopted pursuant to this section.

     (b)  An official appointed by a county may enter the property of places of public accommodation to enforce any applicable ordinances enacted pursuant to this section.

     (c)  For the purpose of this section, "place of public accommodation" shall have the same meaning as defined in section 489-2."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act, upon its approval, shall take effect on July 1, 2025.

Report Title:

Disabled Persons Parking; County Enforcement

Description:

Authorizes each county to enact ordinances to enforce the design and construction requirements for the provision of accessible parking spaces, including the establishment of penalties for failure to comply with the ordinances.

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