HB1413

SECTION 1. The legislature finds that individuals with disabilities and kūpuna have a right to access businesses, state buildings, and recreation facilities, including beaches. The legislature further finds that a significant portion of the State's population are mobility disabled and, therefore, unable to access many public spaces, such as businesses, state buildings, and recreation facilities, including beaches. The legislature also finds that the federal Americans with Disabilities Act of 1990, as amended, and analogous state laws protect qualified individuals with disabilities. Yet most state facilities, schools, and other facilities do not comply with either federal or state standards.

The purpose of this Act is to:

(1) Provide for legally required inclusion of individuals with disabilities in necessary activities;

(2) Improve inclusion in important socialization activities;

(3) Require every state building and business to include, at minimum, an entry point and two bathrooms that are in compliance with the federal Americans with Disabilities Act of 1990, as amended, and at least one automatic door for entry and exit; and

(4) Improve standard of life for all individuals with disabilities and kūpuna.

SECTION 2. Chapter 368, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Right to accessibility for mobility disabled persons

§368- Definitions. As used in this part, unless the context requires otherwise:

"Disability" means the state of having a physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment.

"Instrumental activities of daily living" means the following instrumental activities that individuals perform as a part of daily living: preparing meals, shopping for personal items, medication management, managing money, using the telephone, performing light housework, performing heavy housework, and making use of available transportation.

"Physical disability" means the broad range of disabilities, including orthopedic, neuromuscular, cardiovascular, and pulmonary disorders, that may be congenital or a result of aging or injury.

§368- Accessibility measures. (a) The legislature shall ensure that instrumental activities of daily living are accessible and feasible for all individuals with disabilities and elderly individuals, including individuals with physical disabilities. The legislature shall take reasonable steps to ensure that all state facilities, businesses, and recreational facilities are equipped with, at minimum, the following accessibility measures:

(1) For state facilities and businesses, an entrance and exit point that are in compliance with the federal Americans with Disabilities Act of 1990, as amended, including doors; provided that door hardware shall not require more than five pounds of force to operate; provided further that doors shall be operable with one hand and without tight grasping, pinching, or twisting of the wrist;

(2) A handrail on each side of the toilet in every handicap stall; provided that a fold down rail may satisfy the requirement under this paragraph;

(3) Handrails on all stairs and ramps;

(4) Two big wheel beach chairs at each lifeguard tower;

(5) Ramps at necessary sidewalks, to be overseen by the department of transportation;

(6) Electric scooters or wheelchairs availability at each airport either:

(A) In parking structures located at designated structure access areas; or

(B) At curb and wheelchair access drop-off areas; and

(7) Ramps for ingress and egress from an airplane shall not exceed two centimeters in height as measured from the base to the peak.

(b) All state facilities, businesses, and recreational facilities shall increase the amount of handicap parking stalls in all public lots, paid parking lots, and parking lots for businesses by fifty per cent of the number of handicap parking stalls in existence in those lots as of the effective date of this Act; provided that the increase shall at a minimum be one additional handicap parking stall.

§368- Compliance and standards. All accessibility measures constructed or installed at state facilities on and after July 1, 2023, shall comply with the federal Americans with Disabilities Act of 1990, as amended, and state laws governing accessibility standards for individuals with disabilities."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1413
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII