Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE
REGULAR SESSION
                Introduced House Bill 5680                           FISCAL
                                                    NOTE
               By Delegate Mallow [Introduced February 13, 2024; Referred to the Committee on Technology and Infrastructure]
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            A BILL to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended,
  relating to designated accessible parking for persons with a mobility impairment; increasing
  certain penalties for illegally parking, stopping, standing or blocking access to a designated
  accessible parking space, or illegally creating, obtaining and use of special plates or windshield
  cards issued to mobility impaired persons; establishing a program to increase public awareness of
  the applicable law, criminal penalties and the consequences of illegally parking, stopping or
  standing in designated accessible parking spaces and illegally creating, obtaining and using of
  special plates or windshield cards issued to mobility impaired persons.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE              13.         STOPPING,              STANDING              AND           PARKING.
     §17C-13-6. Stopping, standing, or parking privileges for persons with a mobility impairment; disabled veterans; definitions; qualification; special registration plates and removable windshield placards; expiration, application; violation; penalties.
            (a)(1) The commissioner may issue up to two special registration plates or removable
  windshield placards to a person with a mobility impairment or a West Virginia organization which
  transports persons with disabilities and facilitates the mobility of its customers, patients, students,
  or persons otherwise placed under its responsibility.
            (2) Special registration plates or placards may only be issued for placement on a Class A
  or Class G motor vehicle registered under the provisions of §17A-3-1 et seq. of this code.
            (3) The applicant shall specify whether he or she is applying for a special registration plate,
  a removable windshield placard, or both on the application form prescribed and furnished by the
  commissioner.
           (4) The applicant shall submit, with the application, a certificate issued by any physician,
 chiropractor, advanced nurse practitioner, or physician’s assistant who is licensed in this state,
 stating that the applicant has a mobility impairment, or that the applicant is an organization which
 regularly transports a person with a mobility impairment as defined in this section. The physician,
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 chiropractor, advanced nurse practitioner, or physician’s assistant shall specify in the certificate
 whether the disability is temporary or permanent. A disability which is temporary is one expected
 to last for a limited duration and improve during the applicant’s life. A disability which is permanent
 is one which is expected to last during the duration of the applicant’s life.
           (5) Upon receipt of the completed application, the physician’s certificate and the regular
 registration fee for the applicant’s vehicle class, if the commissioner finds that the applicant
 qualifies for the special registration plate or a removable windshield placard as provided in this
 section, he or she shall issue to the applicant a special registration plate (upon remittance of the
 regular registration fee) or a removable windshield placard (red for temporary and blue for
 permanent), or both. Upon request, the commissioner shall also issue to any otherwise qualified
 applicant one additional placard having the same expiration date as the applicant’s original
 placard. The placard shall be displayed by hanging it from the interior rearview mirror of the motor
 vehicle so that it is conspicuously visible from outside the vehicle when parked in a designated
 accessible parking space. The placard may be removed from the rearview mirror whenever the
 vehicle is being operated to ensure clear vision and safe driving. Only in the event that there is no
 suitable rearview mirror in the vehicle may the placard be displayed on the dashboard of the
 vehicle.
           (6) Organizations which transport people with disabilities will be provided with a placard
 which will permit them to park in a designated area for the length of time necessary to load and
 unload passengers. These vehicles must be moved to a nondesignated space once the loading or
 unloading process is complete.
           (b) As used in this section, the following terms have the meanings ascribed to them in this
 subsection:
           (1) A person or applicant with a "mobility impairment" means a person who is a citizen of
 West Virginia and as determined by a physician, allopath, or osteopath, chiropractor, advanced
 nurse practitioner, or physician’s assistant licensed to practice in West Virginia:
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           (A) Cannot walk 200 feet without stopping to rest;
           (B) Cannot walk without the use of or assistance from a brace, cane, crutch, prosthetic
 device, wheelchair, other assistive device, or another person;
           (C) Is restricted by lung disease to such an extent that the person’s force (respiratory)
 expiratory volume for one second, when measured by spirometry, is less than one liter or the
 arterial oxygen tension is less than 60 mm/hg on room air at rest;
           (D) Uses portable oxygen;
           (E) Has a cardiac condition to such an extent that the person’s functional limitations are
 classified in severity as Class III or Class IV according to standards established by the American
 Heart Association; or
           (F) Is severely limited in his or her ability to walk because of an arthritic, neurological, or
 other orthopedic condition;
           (2) "Special registration plate" means a registration plate that displays the international
 symbol of access, as adopted by the Rehabilitation International Organization in 1969 at its
 Eleventh World Congress on Rehabilitation of the Disabled, in a color that contrasts with the
 background, in letters and numbers the same size as those on the plate, and which may be used in
 lieu of a regular registration plate;
           (3) "Removable windshield placard" (permanent or temporary) means a two-sided,
 hanger-style placard measuring three inches by nine and one-half inches, with all of the following
 on each side:
           (A) The international symbol of access, measuring at least three inches in height, centered
 on the placard, in white on a blue background for permanent designations and in white on a red
 background for temporary designations;
           (B) An identification number measuring one inch in height;
           (C) An expiration date in numbers measuring one inch in height for a temporary placard;
 and
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           (D) The seal or other identifying symbol of the issuing authority;
           (4) "Regular registration fee" means the standard registration fee for a vehicle of the same
 class as the applicant’s vehicle;
           (5) "Public entity" means state or local government or any department, agency, special
 purpose district, or other instrumentality of a state or local government;
           (6) "Public facility" means all or any part of any buildings, structures, sites, complexes,
 roads, parking lots, or other real or personal property, including the site where the facility is
 located;
           (7) "Place or places of public accommodation" means a facility or facilities operated by a
 private entity whose operations affect commerce and fall within at least one of the following
 categories:
           (A) Inns, hotels, motels, and other places of lodging;
           (B) Restaurants, bars, or other establishments serving food or drink;
           (C) Motion picture houses, theaters, concert halls, stadiums, or other places of exhibition
 or entertainment;
           (D) Auditoriums, convention centers, lecture halls, or other places of public gatherings;
           (E) Bakeries, grocery stores, clothing stores, hardware stores, shopping centers, or other
 sales or rental establishments;
           (F) Laundromats, dry cleaners, banks, barber and beauty shops, travel agencies, shoe
 repair shops, funeral parlors, gas or service stations, offices of accountants and attorneys,
 pharmacies, insurance offices, offices of professional health care providers, hospitals, or other
 service establishments;
           (G) Terminals, depots, or other stations used for public transportation;
           (H) Museums, libraries, galleries, or other places of public display or collection;
           (I) Parks, zoos, amusement parks, or other places of recreation;
           (J) Public or private nursery, elementary, secondary, undergraduate, or post-graduate
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  schools or other places of learning and day care centers, senior citizen centers, homeless
  shelters, food banks, adoption agencies, or other social services establishments; and
            (K) Gymnasiums, health spas, bowling alleys, golf courses, or other places of exercise or
  recreation;
            (8) "Commercial facility" means a facility whose operations affect commerce and which are
  intended for nonresidential use by a private entity;
            (9) "Accessible parking" formerly known as "handicapped parking" is the present phrase
  consistent with language within the Americans with Disabilities Act (ADA).
           (10) "Parking enforcement personnel" includes any law-enforcement officer as defined by
 §30-29-1 of this code, and private security guards, parking personnel, and other personnel
 authorized by a city, county, or the state to issue parking citations.
           Any person who falsely or fraudulently obtains or seeks to obtain the special plate or the
 removable windshield placard provided for in this section, and any person who falsely certifies that
 a person is mobility impaired in order that an applicant may be issued the special registration plate
 or windshield placard under this section is guilty of a misdemeanor and, upon conviction thereof, in
 addition to any other penalty he or she may otherwise incur, shall be fined $500 $750. Any person
 who fabricates, uses, or sells unofficially issued windshield placards to any person or organization
 is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in
 addition to any other penalty he or she may otherwise incur, shall be fined $500 $750 per placard
 fabricated, used, or sold. Any person who fabricates, uses, or sells unofficially issued identification
 cards to any person or organization is committing a fraudulent act and is guilty of a misdemeanor
 and, upon conviction thereof, in addition to any other penalty he or she may otherwise incur, shall
 be fined $700 $1000 per identification card fabricated, used, or sold. Any person who fabricates,
 uses, or sells unofficially issued labels imprinted with a future expiration date to any person or
 organization is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction
 thereof, in addition to any other penalty he or she may otherwise incur, shall be fined $700 $1000.
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 Any person covered by this section who sells or gives away their officially issued windshield
 placard to any person or organization not qualified to apply for or receive the placard and then
 reapplies for a new placard on the basis it was stolen is committing a fraudulent act and is guilty of
 a misdemeanor and, upon conviction thereof, in addition to any other penalty he or she, or they
 may otherwise incur, shall lose their right to receive or use a special placard or special license
 plate for a period of not less than five years.
           (c) The commissioner shall set the expiration date for special registration plates on the last
 day of a given month and year, to be valid for a minimum of one year but not more than five years,
 after which time a new application must be submitted to the commissioner. After the commissioner
 receives the new application, signed by a certified physician, chiropractor, advanced nurse
 practitioner, or physician’s assistant if required under this subsection, the commissioner shall
 issue: (i) A new special registration plate or new permanent or temporary removable windshield
 placard; or (ii) official labels imprinted with the new expiration date and designed so as to be
 placed over the old dates on the original registration plate or windshield placard: Provided, That a
 new application under this subsection must not be accompanied by a certificate pursuant to §17C-
 13-6(a)(4) of this code if a prior application is on file with the commissioner, such application
 includes a certificate issued pursuant to §17C-13-6(a)(4) of this code, such certificate specifies
 that the applicant’s disability is permanent for life, and such certificate was made within 10 years of
 the new application.
           (d) The commissioner shall set the expiration date of temporary removable windshield
 placards to be valid for a period of approximately six months after the application was received and
 approved by the commissioner. Permanent removable windshield placards are valid for the
 duration of the applicant’s life.
           (e) The commissioner shall issue to each applicant who is granted a special registration
 plate or windshield placard an identification card bearing the applicant’s name, assigned
 identification number, and expiration date. The applicant shall thereafter carry this identification
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 card on his or her person whenever parking in an accessible parking space. The identification card
 shall be identical in design for both registration plates and removable windshield placards.
           (f) An accessible parking space should comply with the provisions of the Americans with
 Disabilities Act accessibility guidelines, contained in 28 C.F.R. 36, Appendix A, Section 4.6. In
 particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot
 access aisle for vans having side mounted hydraulic lifts or ramps, or a five-foot access aisle for
 standard vehicles. Access aisles should be marked using diagonal two- to four-inch-wide stripes
 spaced every 12 or 24 inches apart along with the words "no parking" in painted letters which are
 at least 12 inches in height. All accessible parking spaces must have a signpost in front or adjacent
 to the accessible parking space displaying the international symbol of access sign mounted at a
 minimum of eight feet above the pavement or sidewalk and the top of the sign. Lines or markings
 on the pavement or curbs for parking spaces and access aisles may be in any color, although blue
 is the generally accepted color for accessible parking.
           (g) A vehicle displaying a disabled veterans special registration plate issued pursuant to
 §17A-3-14(c)(6) of this code shall be recognized and accepted as meeting the requirements of this
 section.
           (h) A vehicle from any other state, United States territory, or foreign country displaying an
 officially issued special registration plate, placard, or decal bearing the international symbol of
 access shall be recognized and accepted as meeting the requirements of this section, regardless
 of where the plate, placard, or decal is mounted or displayed on the vehicle.
           (i) Stopping, standing or parking places marked with the international symbol of access
 shall be designated in close proximity to all public entities, including state, county, and municipal
 buildings and facilities, places of public accommodation, and commercial facilities. These parking
 places shall be reserved solely for persons with a mobility impairment and disabled veterans at all
 times.
           (j) Any person whose vehicle properly displays a valid, unexpired special registration plate
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 or removable windshield placard may park the vehicle for unlimited periods of time in parking
 zones unrestricted as to length of parking time permitted: Provided, That this privilege does not
 mean that the vehicle may park in any zone where stopping, standing, or parking is prohibited or
 which creates parking zones for special types of vehicles or which prohibits parking during heavy
 traffic periods during specified rush hours or where parking would clearly present a traffic hazard.
 To the extent any provision of any ordinance of any political subdivision of this state is contrary to
 the provisions of this section, the provisions of this section take precedence and apply.
           The parking privileges provided for in this subsection apply only during those times when
 the vehicle is being used for the loading or unloading of a person with a mobility impairment. Any
 person who knowingly exercises, or attempts to exercise, these privileges at a time when the
 vehicle is not being used for t