Synopsis:

Update (6/5/19): Gov. Carney signed S.B. 28 into law.

Update (5/7/19): S.B. 28 passed the House of Representatives by a vote of 40–0 and now awaits actions by Gov. Carney.

Update (3/27/19): S.B. 28 passed the Senate by a vote of 21–0 and now goes to the House of Representatives.

S.B. 28 and S.B. 29 would increase the penalties for drivers caught using accessible parking spaces without a valid Persons with Disabilities Placard issued by the Department of Motor Vehicles. S.B. 28, which has become law, raises the fines from $100 for a first offense and $200 for all subsequent offenses to $200 and $300, respectively. S.B. 29 would raise the potential length of imprisonment for repeat offenders from 10 days minimum and 30 days maximum to 15 and 35, respectively. Disability advocates and organizations such as the State Council for Persons with Disabilities have endorsed the bills in hopes that stiffer penalties will deter some violators. However, advocates also express concern that neither bill addresses the fundamental problems people with disabilities face when looking for accessible parking: They say that many parking lots are not compliant with Americans with Disabilities Act regulations on the number and size of accessible spaces, van spaces and access aisles. They also express frustration that accessible parking violations are not rigorously enforced by police. A bill introduced in the House of Representatives two sessions ago would have required all planned parking lots be inspected for ADA compliance before construction began. The bill faced fierce opposition from businesses and organizations such as the Chamber of Commerce, due to fear it would impose significant costs on business owners. It never received a vote before the full House.

Supporters:

Sens. Delcollo (R), Poore (D), Walsh (D), Hocker (R); Reps. Baumbach (D), Mitchell (D), Brady (D), Michael Smith (R), Williams (D); Delaware Developmental Disabilities Council, Governor’s Advisory Council for Exceptional Citizens, State Council for Persons with Disabilities.

Opponents:

None reported yet.

Links to Additional Resources: