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THE SENATE |
S.B. NO. |
384 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO ACCESS FOR DISABLED PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that while section 291-58, Hawaii Revised Statutes, requires that each public and private entity that provides a parking space reserved for persons with disabilities comply with part III of chapter 291, Hawaii Revised Statutes, and any administrative rules adopted under that part, the statute does not authorize enforcement by a government entity. Instead, section 291-58, Hawaii Revised Statutes, provides that any action to impose or collect a fine on a non‑compliant private entity shall be considered a civil action. Since its effective date of July 1, 2002, the statute has not been enforced.
Accordingly, the purpose of the Act is to authorize the counties to adopt ordinances to enforce the accessible parking space design requirements of the Americans with Disabilities Act, part III of chapter 291, Hawaii Revised Statutes, and any administrative rules adopted under that part.
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. 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.
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. 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.] ordinances to enforce authorized. (a)
Each county may adopt ordinances to:
(1) Enforce
the design and construction requirements of the Americans with Disabilities Act
of 1990, as amended, 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
(2) Establish
penalties for failure to comply with the ordinances adopted pursuant to this
section.
(c) For the purpose of this section, "place of public accommodation" shall have the same meaning as defined in section 489-2."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 30, 3000.
Report Title:
Persons with Disabilities; Access Enforcement; Counties; Ordinances
Description:
Authorizes each county to adopt ordinances to enforce the design, construction, and signage requirements for the provision of accessible parking spaces, including the establishment of penalties for failure to comply with the ordinance. Authorizes officials appointed by a county to enter the property of places of public accommodation to enforce violations of the county ordinances. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.