HB 48

Abstract

HS 2 to HB 48 seeks to streamline accessible parking laws and improve enforcement of accessible parking laws in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored and rarely enforced. To that end, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with the design and construction requirements of the Americans with Disabilities Act (ADA) and any existing local laws. This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not construct and maintain ADA compliant parking spaces. This Act also increases the fine for unlawfully occupying an accessible parking space. Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service. All accessible parking space signs must display the current maximum fine. HS 2 to HB 48 differs from HB 48 in that it does the following: (1) Requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. (2) Removes state-specific accessible parking provisions of the bill and adopts the federal accessible parking provisions that are already in effect under the 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (3) If an existing accessible parking space is not ADA compliant within 5 years of the effective date of this Act, authorizes a civil penalty to be assessed against the individual or entity that is responsible for maintaining the accessible parking space. (4) Requires that all accessible parking space signs display the current maximum fine for unlawfully occupying an accessible parking space.