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HB2375
HOUSE OF REPRESENTATIVES
H.B. NO.
2375
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to towing practices
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that parking
enforcement and towing practices on state and state-leased lands are currently
administered through fragmented systems, inconsistent standards, and varying
contractual arrangements that lack uniform consumer protections, transparency,
accessibility safeguards, and public accountability.
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The
legislature further finds that inconsistent enforcement authority, inadequate
notice requirements, improper towing of vehicles used by persons with
disabilities, coercive or cash-only payment practices, and the absence of
centralized public reporting have undermined public trust and, in some cases,
interfered with rights protected under federal law.
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The
purpose of this Act is to unify parking enforcement and towing systems on state
and state-leased lands.
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SECTION
2.
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The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
Parking enforcement and towing on state lands
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1
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Definitions.
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As used in this chapter, unless the
context clearly requires otherwise:
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"Disability
parking permit" has the same meaning as in section 291-51.
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"Parking
concessionaire" means a private entity contracted or permitted to manage
parking operations on state or state
‑
leased lands.
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"State
enforcement authority" means a state agency, officer, or employee
expressly authorized by law or rule to issue parking citations and authorize
towing on state or state
‑
leased lands.
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"State
lands" means real property owned, leased, managed, or controlled by the
State.
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"State
‑
leased
lands
"
means lands
owned by the State that are leased, subleased, licensed, or operated by a
private or quasi
‑
public entity.
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"Tow
authorization" means written or electronic approval issued by a state
enforcement authority authorizing the towing of a specific vehicle.
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Unified enforcement authority.
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(a)
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Only a state enforcement authority may issue
parking citations or authorize the towing of vehicles on state or state
‑
leased
lands.
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(b)
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A parking concessionaire may not order,
initiate, direct, or request the towing of any vehicle.
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(c)
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A parking concessionaire may submit
evidentiary documentation to a state enforcement authority for review; provided
that the decision to authorize a tow shall rest solely with the state
enforcement authority.
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3
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Notice requirements; towing time limits.
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(a)
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Notwithstanding any other provision of law to
the contrary, no vehicle shall be towed for nonpayment, time expiration, permit
expiration, or a parking violation unless a minimum of four hours have elapsed
after a citation or written notice has been affixed to the vehicle.
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(b)
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The notice shall state the date and time of
issuance and the earliest date and time towing may commence.
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(c)
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The vehicle owner may cure the violation
during the notice period.
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(d)
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The immediate towing may be authorized when a
vehicle:
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(1)
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Is
parked in a red zone;
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(2)
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Blocks traffic, emergency access, or essential
operations;
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(3)
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Has four or more unpaid parking citations; or
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(4)
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Is parked after posted closure hours where
towing is the only reasonable means of enforcement.
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(e)
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A vehicle displaying a valid disability
placard or disability license plate shall not be towed for meter expiration,
permit expiration, time expiration, or vehicle registration expiration unless
the vehicle poses a safety hazard or obstructs emergency access or federally
required access aisles.
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4
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Tow authorization records.
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(a)
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Each state enforcement authority shall
maintain a centralized electronic log of all tow authorizations issued.
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(b)
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Each log entry shall include the following
information:
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(1)
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Citation number;
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(2)
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Date, time, and location;
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(3)
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Photographic evidence;
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(4)
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Authorizing official; and
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(5)
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Towing company information.
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(c)
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The electronic log shall be retained for five
years at minimum and shall be a public record and subject to audit; provided
that personally identifiable information shall be redacted.
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Payment practices; consumer protections.
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(a)
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Towing and storage fees shall be payable by
credit card and at least one additional electronic payment method.
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(b)
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Towing companies shall maintain an online
payment system allowing payment by the vehicle owner or a third party.
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(c)
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A towing company shall not refuse, restrict,
surcharge, delay, or discourage payment by credit card or electronic method.
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A towing company shall not require cash
payments.
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(d)
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Each towing company shall post a notice
stating: "State law requires this towing company to accept credit card and
electronic payments, including online payments."
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(e)
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Cash payments, if voluntarily offered may be
accepted.
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(f)
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A detailed, itemized receipt shall be provided
at payment.
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Consumer access and communications.
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(a)
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Any towing company authorized to tow vehicles
from state or state
-
leased lands shall provide free publicly accessible
wireless internet service in its office or vehicle release area.
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(b)
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The service shall allow individuals to contact
others and access payment, legal, insurance, transportation, or assistance
services.
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(c)
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Notice of the availability of wireless service
shall be posted conspicuously.
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Monthly public reporting.
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Each state agency that manages state
lands or state-leased lands shall publish monthly reports detailing parking
citations issued, vehicles towed, locations of towing activity, aggregate fees
collected, and payment methods used.
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Towing incentives prohibited.
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No state agency, employee, contractor, or
parking concessionaire shall receive commissions, revenue sharing, or
incentives based on towing volume or revenue.
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Enforcement.
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The attorney general may suspend or
revoke a towing company's authority to tow from state or state
‑
leased
lands for violations of this chapter.
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Rules.
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The attorney general shall adopt rules pursuant to chapter 91
necessary to implement this chapter."
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SECTION 3.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
State
Lands; Parking Enforcement; Towing Practices
Description:
Establishes
uniform standards for parking enforcement and towing practices on state and
state‑leased lands, including notice requirements, disability
protections, consumer payment safeguards, and public reporting.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.