Senate Bill No. 604
(By Senators Bailey, Love, Kessler and Hunter)
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[Introduced February 7, 2008; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
Finance.]
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A BILL to amend and reenact §17C-13-6 of the Code of West Virginia,
1931, as amended, relating to providing for an expectant
mother parking permit to be valid until the newborn infant's
first birthday.
Be it enacted by the Legislature of West Virginia:
That §17C-13-6 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-6. Stopping, standing or parking privileges for persons
with a mobility impairment; 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.
The commissioner may also issue up to
two removable windshield placards to an expectant mother, upon
entering her third trimester, to be valid until the date of the
newborn infant's first birthday.
(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 article three, chapter seventeen-a 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,
is an
expectant mother entering her third trimester or that the applicant
is an organization which regularly transports a person with a
mobility impairment as defined in this section. The physician,
chiropractor, advanced nurse practitioner or physician's assistant shall specify in the certificate whether
the a disability is
temporary or permanent. A disability which is temporary shall not
exceed six months. A disability which is permanent is one which is
one to five years or more in expected duration.
(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,
including an "Expectant Mother" 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,
or an "Expectant Mother" removable windshield placard (pastel
green or a white background). 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) Organization which transport people with disabilities will
be provided with a placard which will permit them to park in a
designate 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:
(A) Cannot walk two hundred 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 sixty 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 nineteen hundred
sixty-nine 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) "
Mobility impairment 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; and
(D) The seal or other identifying symbol of the issuing
authority;
(4) "Expectant Mother removable windshield placard" 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 standard "Expectant Mother" graphic featuring a stork
carrying a baby, measuring at least three inches in height,
centered on the placard, in pastel green on a white background;
(B) An identification number measuring one inch in height;
(C) An expiration date in numbers measuring one inch in
height; and
(D) The seal or other identifying symbol of the issuing
authority;
(4) (5) "Regular registration fee" means the standard
registration fee for a vehicle of the same class as the applicant's
vehicle;
(5) (6) "Public entity" means state or local government or any
department, agency, special purpose district or other
instrumentality of a state or local government;
(6) (7) "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) (8) "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 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;
(9) "Commercial facility" means a facility whose operations
affect commerce and which are intended for nonresidential use by a
private entity;
(10) "Accessible parking" formerly known as "handicapped
parking" is the present phrase consistent with language within the
Americans with Disabilities Act (ADA).
(11) "Parking enforcement personnel" includes any
law-enforcement officer as defined by section one, article
twenty-nine, chapter thirty 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 five hundred dollars. 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
five hundred dollars 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 seven hundred dollars 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
seven hundred dollars. 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 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, 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 and permanent removable windshield placards 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, the commissioner shall issue: (i) A new special
registration plate or new permanent 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.
(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.
(e) The commissioner shall set the expiration date of
temporary "Expectant Mother" removable windshield placards to
correspond to the newborn infant's first birthday after such an
application is received and approved by the commissioner.
(e) (f) 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 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) (g) 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 twelve or twenty-four
inches apart along with the words "no parking" in painted letters
which are at least twelve 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) (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.
(h) (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 for expectant
mothers, at all times.
(i) (j) Any person whose vehicle properly displays a valid,
unexpired special registration plate 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,
or for
the loading or unloading of an expectant mother. Any person who
knowingly exercises, or attempts to exercise, these privileges at
a time when the vehicle is not being used for the loading or
unloading of a person with a mobility impairment,
or for the
loading or unloading of an expectant mother is guilty of a
misdemeanor and, upon first conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined two
hundred dollars; upon second conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined three
hundred dollars; and upon third and subsequent convictions thereof,
in addition to any other penalty he or she may otherwise incur,
shall be fined five hundred dollars.
(j) (k) Any person whose vehicle does not display a valid,
special registration plate or removable windshield placard may not
stop, stand or park a motor vehicle in an area designated, zoned or
marked for accessible parking with signs or instructions displaying
the international symbol of access, either by itself or with
explanatory text. The signs may be mounted on a post or a wall in
front of the accessible parking space and instructions may appear
on the ground or pavement, but use of both methods is preferred.
Accessible parking spaces for vans having an eight-foot adjacent
access aisle should be designated as "van accessible" but may be
used by any vehicle displaying a valid special registration plate or removable windshield placard.
Any person who violates the provisions of this subsection is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined two hundred dollars; upon second conviction thereof, in
addition to any other penalty he or she may otherwise incur, shall
be fined three hundred dollars; and upon third and subsequent
convictions thereof, in addition to any other penalty he or she may
otherwise incur, shall be fined five hundred dollars.
(k) (l) All signs that designate areas as " accessible
parking" or that display the international symbol of access shall
also include the words " Up to $500 fine".
(l) (m) No person may stop, stand or park a motor vehicle in
an area designated or marked off as an access aisle adjacent to a
van-accessible parking space or regular accessible parking space.
Any person, including a driver of a vehicle displaying a valid
removable windshield placard or special registration plate, who
violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction thereof, shall be fined two
hundred dollars; upon second conviction thereof, in addition to any
other penalty he or she may otherwise incur, shall be fined three
hundred dollars; and upon third and subsequent convictions thereof,
in addition to any other penalty he or she may otherwise incur,
shall be fined five hundred dollars.
(m) (n) Parking enforcement personnel who otherwise enforce parking violations may issue citations for violations of this
section and shall reference the number on the vehicle's license
plate, since the driver normally will not be present.
(n) (o) Law-enforcement agencies may establish a program to
use trained volunteers to collect information necessary to issue
citations to persons who illegally park in designated accessible
parking spaces. Any law-enforcement agency choosing to establish
a program shall provide for workers' compensation and liability
coverage. The volunteers shall photograph the illegally parked
vehicle and complete a form, to be developed by supervising
law-enforcement agencies, that includes the vehicle's license plate
number, date, time and location of the illegally parked vehicle.
The photographs must show the vehicle in the accessible space and
a readable view of the license plate. Within the discretion of the
supervising law-enforcement agency, the volunteers may issue
citations or the volunteers may submit the photographs of the
illegally parked vehicle and the form to the supervising
law-enforcement agency, who may issue a citation, which includes
the photographs and the form, to the owner of the illegally parked
vehicle. Volunteers shall be trained on the requirements for
citations for vehicles parked in marked, zoned or designated
accessible parking areas by the supervising law-enforcement agency.
(o) (p) Local authorities who adopt the basic enforcement
provisions of this section and issue their own local ordinances shall retain all fines and associated late fees. These revenues
shall be used first to fund the provisions of subsection (n) of
this section, if adopted by local authorities, or otherwise shall
go into the local authorities' general revenue fund. Otherwise,
any moneys collected as fines shall be collected for and remitted
to the state.
(p) (q) The commissioner shall prepare and issue a document to
applicants describing the privileges accorded a vehicle having a
special registration plate and removable windshield placard,
including an "Expectant Mother" removable windshield placard, as
well as the penalties when the vehicle is being inappropriately
used as described in this section and shall include the document
along with the issued special registration plate or windshield
placard. In addition, the commissioner shall issue a separate
document informing the general public regarding the new provisions
and increased fines being imposed either by way of newspaper
announcements or other appropriate means across the state.
In
addition, the commissioner shall issue a separate document
informing the general public of the new "Expectant Mother" permits
and applicable fines. In this document the commissioner shall also
encourage the private sector to enact a similar policy providing
for expectant mother parking spaces, incorporating the same
standard "Expectant Mother" graphic featuring a stork carrying a
baby. This document shall be issued either by way of newspaper announcements or other appropriate means across the state.
(q) (r) The commissioner shall adopt and promulgate rules in
accordance with the provisions of article three, chapter
twenty-nine-a of this code.
NOTE: The purpose of this bill is to create a parking permit
to be used by expectant mothers entering their third trimesters and
lasting until the first birthday of the child. Such a permit would
allow an expectant mother to park in a parking place marked with
the international symbol of access. This bill also encourages the
private sector to enact similar policies.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.