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SB1294
THE SENATE
S.B. NO.
1294
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to recreational facilities
.
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 a
significant portion of the State's youth are physically disabled and unable to
use some recreational facilities or playgrounds located on state and county
property, including playgrounds located on department of education grounds.
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The
purpose of this Act is to enhance the inclusion of physically disabled youth in
important socialization activities by:
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(1)
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By June 30, 2027, requiring all
playgrounds located in state and county parks and on public school grounds to have
a minimal set of special needs recreational playground equipment, including a
wheelchair accessible swing set; and
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(2)
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Appropriating funds to the department of land
and natural resources, department of education, and counties to purchase and
install special needs recreational playground equipment.
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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
right to Playgrounds accessible to all youth.
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-1
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Short
title.
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This chapter may be cited as
the Right to PLAY Act.
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Definitions.
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As used in this chapter:
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"Department"
means department of land and natural resources.
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"Physically
disabled" means having a physical impairment that substantially limits one
or more major life activities.
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"Playground"
means any public outdoor facility with apparatuses that are intended for the
recreation of children, including but not limited to sliding boards, swing
sets, and teeterboards.
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"Public
school" has the same meaning as in section 302A‑101.
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"Special
needs recreational playground equipment" means recreational playground
equipment that can be used by physically disabled youth.
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"Youth"
means individuals under the age of eighteen.
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-3
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Special needs recreational playground
equipment installation; minimum requirements.
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(a)
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No later than June 30,
2027, every playground located in a state or county park or on public school
grounds shall include special needs recreational playground equipment as part
of the playground apparatuses.
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The
special needs recreational playground equipment shall include at a minimum a
wheelchair accessible swing set.
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(b)
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All special needs recreational playground
equipment installed pursuant to this section shall comply with the standards
set forth in the 2010 Americans with Disabilities Act Standards for Accessible
Design, or any successor or similar guidelines or standards governing
accessibility standards for public facilities.
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Special needs recreational playground
equipment special fund.
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(a)
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There is established a special needs
recreational playground equipment special fund to be administered by the
department, which shall consist of moneys appropriated to the fund by the
legislature.
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(b)
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Moneys from the special needs recreational
playground equipment special fund shall be used by the state and counties for
the acquisition, installation, and maintenance of special needs recreational
playground equipment.
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(c)
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All unobligated, unencumbered, or unexpended
funds remaining in the fund in excess of
$ at the close of
each fiscal year shall lapse to the general fund.
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-5
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Compliance with federal law.
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All special needs recreational playground
equipment shall comply with all applicable federal and state laws."
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SECTION
3
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There
is appropriated out of
the general revenues of the State of Hawaii the
sum of $ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027
to be deposited into the
special
needs recreational playground equipment special fund established pursuant to
section -4, Hawaii Revised Statutes
.
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SECTION
4.
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There is appropriated out of the
special needs recreational playground equipment special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to purchase and
install special needs recreational playground equipment in state parks.
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The sums
appropriated shall be expended by the department of land and natural resources
for the purposes of this Act.
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SECTION
5.
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There is appropriated out of the
special needs recreational playground equipment special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to purchase and
install special needs recreational playground equipment on department of
education public school grounds.
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The sums
appropriated shall be expended by the department of education for the purposes
of this Act.
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SECTION
6.
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There is appropriated out of the
special needs recreational playground equipment special fund the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 as a grant-in-aid to
the counties to purchase and install special needs recreational playground
equipment in county parks; provided that the sums shall be allocated as
follows:
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$
to the city and county of Honolulu;
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$
to the county of Hawaii;
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$
to the city and county of Kauai; and
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$
to the county of Maui.
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The sums
appropriated shall be expended by the counties for the purposes of this Act.
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SECTION 7.
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This Act shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Special Needs Recreational Playground Equipment; State
Parks; County Parks; Public School Playgrounds; Special Fund; Appropriation
Description:
Requires all playgrounds located in state and county parks
and on public school grounds to include special needs recreational playground
equipment as part of the recreational apparatuses by 6/30/2027, including at a
minimum a wheelchair accessible swing set.
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Establishes the Special Needs Recreational
Playground Equipment Special Fund.
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Appropriates
funds.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.