SB1008

THE SENATE	S.B. NO.	1008
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to parking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the statewide parking program for persons with disabilities, was established under part III of chapter 291, Hawaii Revised Statutes, pursuant to the federal Uniform System for Parking for Persons with Disabilities, as adopted in title 23 Code of Federal Regulations section 1235, and administered by the disability and communication access board, provides individuals with mobility disabilities the ability to travel and park in accessible parking spaces via the use of parking placards. However, improper use and insufficient enforcement impact access for legitimate program participants.

The legislature further finds that adoption of electric vehicles is a vital step in the State's efforts to combat climate change, reach the 2045 mandated carbon neutrality, and create a more sustainable future. The legislature has made efforts to encourage and facilitate the adoption of electric vehicles with tax credits and with designated charging parking spaces. These parking spaces not only encourage the adoption of electric vehicles but are a vital component to personal and statewide use. The ability to park in an electric vehicle space allows individuals to make sure they can continue to use their vehicle with ease and have the security to make it to their next destination with adequate fuel.

The legislature concludes that the use of these spaces by non-electric vehicles not only takes away an incentive granted to electric vehicle drivers, but can imperil their transportation use by not allowing them the opportunity to recharge.

Therefore, the purpose of this Act is to authorize the counties to adopt ordinances to enforce the accessible parking space design requirements for parking for disabled persons and parking for electric vehicles and any respective administrative rules adopted under that part to ensure unimpeded access for program participants.

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.~~] ordinances to enforce authorized. [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.] (a) Each county may adopt ordinances to:

(1) Enforce the design and construction requirements of 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 ordinances adopted pursuant to this section.

(b) An official appointed by a county may enter the property of a place of public accommodation to enforce any applicable ordinances adopted pursuant to this section.

(c) For the purposes of this section, "place of public accommodation" shall have the same meaning as defined in section 489-2."

SECTION 3. Section 291-73, Hawaii Revised Statutes, is amended to read as follows:

"[[]§291-73[]] Ordinances to enforce authorized. (a) Each county may adopt ordinances to enforce the requirements of section 291-71, including the establishment of penalties for failure to comply with the requirements of that section or maintain electric vehicle charging systems in working order.

(b) Any official appointed by a county may enter the property of a place of public accommodation to enforce any applicable 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________