STAND. COM. REP. NO. 558

Honolulu, Hawaii

RE: S.B. No. 384

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Health and Human Services and Transportation and Culture and the Arts, to which was referred S.B. No. 384 entitled:

"A BILL FOR AN ACT RELATING TO ACCESS FOR DISABLED PERSONS,"

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Authorize each county to adopt ordinances to enforce the design, construction, and signage requirements of the federal Americans with Disabilities Act of 1990 (ADA), as amended; state law governing parking for persons with disabilities and any administrative rules adopted thereunder, including the establishment of penalties for failure to comply with the ordinance; and

(2) Clarify that an official appointed by a county may enter private property to enforce violations of the ordinances adopted by the county.

Your Committees received testimony in support of this measure from the Disability and Communication Access Board, State Council on Developmental Disabilities, Hawaii Disability Rights Center, and two individuals.

Your Committees find that existing state law requires each public and private entity that provides a parking space reserved for persons with disabilities (disability parking spaces) to comply with laws governing parking for persons with disabilities and administrative rules adopted thereunder. Your Committees further find that administrative rules adopted by the Department of Transportation require disability parking spaces and access isles to have certain signage, be marked in a certain manner, and be in compliance with the ADA Guidelines with respect to the dimensions, location, and slope. Your Committees also find that although law enforcement officers and commissioned volunteer enforcement officers are statutorily permitted to access private property to enforce this law, it has not been enforced since taking effect on July 1, 2002. This measure will allow the counties to adopt ordinances to enforce these requirements through actions taken by county officials.

Your Committees acknowledge the concerns raised by the Disability and Communication Access Board that this measure, as written, may be construed to allow officials appointed by a county to enter parking spaces reserved for persons with disabilities at residential facilities and other buildings, facilities, and sites, that are not open to the general public, to enforce an ordinances adopted by a county pursuant to this measure. Therefore, amendments to this measure are necessary to address this concern.

Accordingly, your Committees have amended this measure by:

(1) Clarifying that an official appointed by a county may enter property of places of public accommodation to enforce any applicable ordinances adopted pursuant to this section;

(2) Inserting an effective date of December 31, 2050, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Health and Human Services and Transportation and Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 384, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 384, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Transportation and Culture and the Arts,

________________________________ CHRIS LEE, Chair

________________________________ JOY A. SAN BUENAVENTURA, Chair