Bill Text: HI HB2141 | 2020 | Regular Session | Introduced
Bill Title: Relating To Parking For Disabled Persons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC/JUD with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Yamashita excused (2). [HB2141 Detail]
Download: Hawaii-2020-HB2141-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2141 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PARKING FOR DISABLED PERSONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to provide improved accommodations for persons with physical disabilities who require parking at commercial places of public accommodation, including retail malls and shopping centers, by increasing the number of parking spaces required by title III of the Americans with Disabilities Act of 1990, as amended.
SECTION 2. Section 291-51, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Commercial place of public accommodation" means a private business of any kind where goods or retail services are extended, offered, or otherwise made available to the general public as customers, clients, or visitors. A commercial place of public accommodation includes a retail mall, and shopping center or mall.
"Parking facility" means all or any portion of buildings, structures, sites, complexes, including the site where the building, property, or structure is located, that offers parking to the public."
SECTION 3. 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 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 January 1, 2021, a commercial place of public accommodation shall
be required to provide a minimum number of parking spaces reserved for persons
with disabilities that is equal to six per cent of the total number of parking
spaces in each parking facility. If
the number of parking spaces required by this section results in a fraction,
the required number shall be rounded to the nearest whole number. The parking
spaces reserved for persons with disabilities shall be otherwise in compliance
with title III of the Americans with Disabilities Act of 1990, as amended, and
the 2010 ADA Standards for Accessibility.
(c)
A private entity, including a commercial place of public
accommodation, 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."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Retail Malls; Shopping Centers; Parking Spaces; Persons With Disabilities
Description:
Requires private businesses selling goods and services to the public, including retail malls and shopping centers, to provide a minimum of 6 per cent of its parking spaces for persons with disabilities. Imposes a penalty for failure to comply.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
