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SB1446
THE SENATE
S.B. NO.
1446
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PARKING FOR DISABLED PERSONS.
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 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.
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However, improper design and signage of
accessible parking spaces impedes access for program participants.
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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.
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SECTION
2.
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Section 291-58, Hawaii Revised
Statutes, is amended to read as follows:
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"[
[
]
�291-58
[
]
]
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Requirement to provide parking for persons
with disabilities;
[
penalty.
]
ordinances to enforce
authorized.
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[
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.
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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.
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Each day of violation shall constitute a separate
offense.
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Any action taken to impose or
collect any penalty provided for in this section shall be considered a civil
action.
]
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(a)
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Each county may enact ordinances to:
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(1)
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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
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(2)
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Establish penalties for failure to
comply with the ordinances adopted pursuant to this section.
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(b)
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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
.
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(c)
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For the purpose of this section, "place
of public accommodation" shall have the same meaning as defined in section
489-2.
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SECTION
3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
4.
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This Act, upon its approval, shall
take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
BY REQUEST
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.