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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2375 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to towing practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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.
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.
The purpose of this Act is to unify parking enforcement and towing systems on state and state-leased lands.
SECTION 2. 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
§ ‑1 Definitions. As used in this chapter, unless the context clearly requires otherwise:
"Disability parking permit" has the same meaning as in section 291-51.
"Parking concessionaire" means a private entity contracted or permitted to manage parking operations on state or state‑leased lands.
"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.
"State lands" means real property owned, leased, managed, or controlled by the State.
"State‑leased lands" means lands owned by the State that are leased, subleased, licensed, or operated by a private or quasi‑public entity.
"Tow authorization" means written or electronic approval issued by a state enforcement authority authorizing the towing of a specific vehicle.
§ ‑2
Unified enforcement authority. (a) Only a state enforcement authority may issue
parking citations or authorize the towing of vehicles on state or state‑leased
lands.
(b) A parking concessionaire may not order, initiate, direct, or request the towing of any vehicle.
(c) 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.
§ ‑3
Notice requirements; towing time limits. (a) 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.
(b) The notice shall state the date and time of issuance and the earliest date and time towing may commence.
(c) The vehicle owner may cure the violation during the notice period.
(d) The immediate towing may be authorized when a vehicle:
(1) Is parked in a red zone;
(2) Blocks traffic, emergency access, or essential operations;
(3) Has four or more unpaid parking citations; or
(4) Is parked after posted closure hours where towing is the only reasonable means of enforcement.
(e) 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.
§ ‑4 Tow authorization records. (a) Each state enforcement authority shall maintain a centralized electronic log of all tow authorizations issued.
(b) Each log entry shall include the following information:
(1) Citation number;
(2) Date, time, and location;
(3) Photographic evidence;
(4) Authorizing official; and
(5) Towing company information.
(c) 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.
§ ‑5
Payment practices; consumer protections. (a) Towing and storage fees shall be payable by
credit card and at least one additional electronic payment method.
(b) Towing companies shall maintain an online payment system allowing payment by the vehicle owner or a third party.
(c) A towing company shall not refuse, restrict, surcharge, delay, or discourage payment by credit card or electronic method. A towing company shall not require cash payments.
(d) Each towing company shall post a notice stating: "State law requires this towing company to accept credit card and electronic payments, including online payments."
(e) Cash payments, if voluntarily offered may be accepted.
(f) A detailed, itemized receipt shall be provided at payment.
§ ‑6
Consumer access and communications. (a) 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.
(b) The service shall allow individuals to contact others and access payment, legal, insurance, transportation, or assistance services.
(c) Notice of the availability of wireless service shall be posted conspicuously.
§ ‑7
Monthly public reporting. 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.
§ ‑8
Towing incentives prohibited. No state agency, employee, contractor, or
parking concessionaire shall receive commissions, revenue sharing, or
incentives based on towing volume or revenue.
§ ‑9
Enforcement. 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.
§ ‑10 Rules. The attorney general shall adopt rules pursuant to chapter 91 necessary to implement this chapter."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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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.