Delaware General Assembly

House Health & Human Development 4/17/25

Committee Hearing takes place within twelve legislative days.

HB 48

4/17/25

Neal

Sen. Poore

Reps. Heffernan, Morrison, Romer, Ross Levin, Snyder-Hall
Sen. Walsh, Wilson

AN ACT TO AMEND TITLES 9, 21, AND 22 OF THE DELAWARE CODE RELATING TO ACCESSIBLE PARKING SPACES.

HS 1 to HB 42 adds provisions to Title 21 to better regulate and enforce accessible parking spaces in Delaware. Although federal and state laws currently require specific design and construction requirements for accessible spaces, these laws are often ignored because of a lack of enforcement. To that end, this Act largely adopts federal design and construction requirements under the Americans with Disabilities Act (ADA) and requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with accessibility 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 comply with the design and construction requirements of this Act. 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. This Act does create a new state requirement that 1 of every 3 accessible parking spaces be van accessible in large parking lots. Under the ADA, only 1 of every 6 accessible parking spaces must be van accessible in large parking lots. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating Title 21’s new accessible parking space requirements, including the requirement that property owners obtain a permit and that the permitting agency verify that the new or modified accessible parking spaces is compliant with the law. HS1 to HB 42 differs from HB 42 in that it requires state facilities to obtain approval through the Architectural Accessibility Board in lieu of a permit. It also clarifies that this Act does not apply to on-street parking.

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Takes effect upon being signed into law

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