HB2442

SECTION 1. The legislature finds that parking in the State is extremely limited for disabled persons and kupuna. While high tourism is the primary economic driver in the State, it also reduces the ability for disabled persons and kupuna to find parking. According to the Hawaii disability and communication access board, approximately eight per cent of Hawaii's population has a mobility disability significant enough to qualify them for a disability parking permit. Being unable to find appropriate parking limits the ability of disabled persons and kupuna to engage in public interaction, making them less integrated in the community. In addition, disabled persons who are forced to park further away from a business or public entity are not able to easily access facilities and may have an increased risk of falling, which is the leading cause of death from injury among adults aged sixty-five and older.

The legislature further finds as the State faces issues with high traffic and tourism, this limits the available of parking for all. As such, the State must uphold parking access for disabled persons and kupuna.

Accordingly, the purpose of this Act is to increase the number of required accessible and van accessible parking spaces in parking lots with more than twenty-five parking spaces that are covered by title II or III of the Americans with Disabilities Act; however this Act is crafted so as not to burden small businesses who have less than seventy-five total parking spaces, as they may lack the ability to expand accessible spaces in their lots.

SECTION 2. Section 291-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-58[]] Requirement to provide parking for persons with disabilities; penalty. (a) Beginning July 1, 2002, any [~~public or private~~] entity covered by the Americans with Disabilities Act that provides a parking space reserved for persons with disabilities shall comply with this part and any administrative rules adopted under this part.

(b) Beginning July 1, 2027, any public or private entity that operates a parking lot covered by title II or III of the Americans with Disabilities Act shall comply with the following:

(1) For a parking lot with one to twenty-five spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be one; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be one;

(2) For a parking lot with twenty-six to fifty spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be one;

(3) For a parking lot with fifty-one to seventy-five spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be three; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be two;

(4) For a parking lot with seventy-six to one hundred spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be four; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be two;

(5) For a parking lot with one hundred one to one hundred fifty spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be six; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be three;

(6) For a parking lot with one hundred fifty-one to two hundred spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be eight; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be three;

(7) For a parking lot with two hundred one to three hundred spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be twelve; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be four;

(8) For a parking lot with three hundred one to four hundred spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be sixteen; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be six;

(9) For a parking lot with four hundred one to five hundred spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be twenty; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be seven;

(10) For a parking lot with five hundred one to one thousand spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be four per cent of the total number of spaces; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces; and

(11) For a parking lot with more than one thousand spaces:

(A) The minimum number of total accessible parking spaces (standard and van accessible) shall be forty, plus two for each one hundred, or fraction thereof, over one thousand; and

(B) The minimum number of van accessible parking spaces (one in every three) shall be one of every three accessible spaces.

(c) A private entity that fails to comply with this section shall be fined [~~not~~] no less than $250 nor more than $500 for each separate offense. Each day of violation shall constitute a separate offense. Any action taken to impose or collect any penalty provided for in this section shall be considered a civil action."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2442
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII