An Act To Amend Titles 9, 21, And 22 Of The Delaware Code Relating To Accessible Parking Spaces.
HB48 revises Delaware law governing accessible parking spaces, with the stated goal of improving access for people with disabilities and strengthening enforcement against misuse. The bill updates the definition of an accessible parking space and a vehicle eligible to use one, clarifies what counts as proper signage, and expands the list of prohibited conduct to include counterfeit or altered placards, misuse of placards by others, and parking in striped access aisles. It also increases penalties for violations, raising the first-offense fine and the penalty for repeat offenses, and allows for suspension or revocation of disability plates or placards in certain fraud or misuse cases.
The bill also creates a new statewide framework for the design, construction, permitting, inspection, and maintenance of accessible parking spaces. For spaces required under the ADA, it requires compliance with the 2010 ADA Standards and applicable building codes, and it bars new installation or alteration of accessible spaces without local permit approval or, for certain facilities, Architectural Accessibility Board approval. Existing noncompliant spaces must be brought into compliance within five years, and counties or municipalities may impose civil penalties after a 90-day cure period. The bill further directs counties and municipalities to adopt ordinances consistent with these requirements and to include warning-and-enforcement procedures for signage and maintenance obligations.
HB48 would amend Titles 9, 21, and 22 of the Delaware Code to create more detailed statewide standards for accessible parking spaces and to align local regulation with those standards. It would affect property owners, businesses, local governments, enforcement agencies, and individuals using disability plates or placards by tightening rules on parking-space design, signage, permitting, and enforcement. The bill also updates penalty provisions and authorizes local civil fines, while preserving the ability of governments or private entities to adopt stricter accessibility standards.
The available voting history suggests broad support for the bill. It passed the House on third reading by a 27-7 vote and the Senate on third reading unanimously, 20-0. The bill’s findings emphasize a shared concern that existing enforcement is inconsistent and that people with disabilities face barriers when trying to use accessible parking spaces, which appears to have driven the measure’s generally favorable reception.
The main points of contention appear to be the bill’s stronger enforcement and compliance requirements. Potentially sensitive issues include higher fines, the possibility of suspension or revocation of disability plates or placards for misuse, and the new permit and inspection requirements for installing or altering accessible parking spaces. The bill also places new obligations on counties and municipalities to adopt ordinances and enforce compliance, which could raise administrative or cost concerns for local governments and property owners, although no committee transcript is available to show specific objections.