HB2442 HD2

SECTION 1. The legislature finds that parking in the State is extremely limited for disabled persons and kupuna. While tourism is a primary economic driver in the State, it also reduces the ability for disabled persons and kupuna to find parking. According to the 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 facilities 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~~] pursuant to this part.

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

(1) For a parking facility with one to twenty-five parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be one; provided that at least one accessible parking space shall be van-accessible;

(2) For a parking facility with twenty-six to fifty parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be three; provided that at least one accessible parking space shall be van-accessible;

(3) For a parking facility with fifty-one to seventy-five parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be three; provided that at least one accessible parking space shall be van-accessible;

(4) For a parking facility with seventy-six to one hundred parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be four; provided that at least two accessible parking spaces shall be van-accessible;

(5) For a parking facility with one hundred one to one hundred fifty parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be six; provided that at least two accessible parking spaces shall be van-accessible;

(6) For a parking facility with one hundred fifty-one to two hundred parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be eight; provided that at least three accessible parking spaces shall be van-accessible;

(7) For a parking facility with two hundred one to three hundred parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be twelve; provided that at least four accessible parking spaces shall be van-accessible;

(8) For a parking facility with three hundred one to four hundred parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be sixteen; provided that at least six accessible parking spaces shall be van-accessible;

(9) For a parking facility with four hundred one to five hundred parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be twenty; provided that at least seven accessible parking spaces shall be van-accessible;

(10) For a parking facility with five hundred one to one thousand parking spaces, the minimum number of total accessible parking spaces (standard and van accessible) shall be four per cent of the total number of parking spaces in the facility; provided that at least one of every three accessible parking spaces shall be van-accessible; and

(11) For a parking facility with more than one thousand parking spaces, 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; provided that at least one of every three accessible parking spaces shall be van-accessible;

provided further that if accessible parking spaces are provided in excess of the minimum number required under this subsection, at least one of every three accessible parking spaces shall be van-accessible.

(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.

(d) Subsection (b) shall not apply to a public entity, including an institution of higher education, that manages a large inventory of parking spaces and is otherwise in compliance with the design standards and requirements of the Americans with Disabilities Act."

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

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2442
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII