2389-SAMSTRANS5338.1SHB 2389S COMM AMDBy Committee on Transportation Strike everything after the enacting clause and insert thefollowing:Sec. RCW 46.16.381 and 2005 c 390 s 2 are each amended to readas follows: (1) The director shall grant special parking privileges to anyperson who has a disability that limits or impairs the ability to walkor involves acute sensitivity to light and meets one of the followingcriteria, as determined by a licensed physician or an advancedregistered nurse practitioner licensed under chapter 18.79 RCW: (a) Cannot walk two hundred feet without stopping to rest; (b) Is severely limited in ability to walk due to arthritic,neurological, or orthopedic condition; (c) Is so severely disabled, that the person cannot walk withoutthe use of or assistance from a brace, cane, another person, prostheticdevice, wheelchair, or other assistive device; (d) Uses portable oxygen; (e) Is restricted by lung disease to such an extent that forcedexpiratory respiratory volume, when measured by spirometry is less thanone liter per second or the arterial oxygen tension is less than sixtymm/hg on room air at rest; (f) Impairment by cardiovascular disease or cardiac condition tothe extent that the person's functional limitations are classified asclass III or IV under standards accepted by the American HeartAssociation; ((or)) (g) Has a disability resulting from an acute sensitivity toautomobile emissions which limits or impairs the ability to walk. Thepersonal physician or advanced registered nurse practitioner of theapplicant shall document that the disability is comparable in severityto the others listed in this subsection; or Official Print - 1 (h) Is restricted by a form of porphyria to the extent that theapplicant would significantly benefit from a decrease in exposure tolight. (2) The applications for parking permits for persons withdisabilities and parking permits for persons with temporarydisabilities are official state documents. Knowingly providing falseinformation in conjunction with the application is a gross misdemeanorpunishable under chapter 9A.20 RCW. The following statement mustappear on each application form immediately below the physician's oradvanced registered nurse practitioner's signature and immediatelybelow the applicant's signature: "A parking permit for a person withdisabilities may be issued only for a medical necessity that severelyaffects mobility or involves acute sensitivity to light (RCW46.16.381). Knowingly providing false information on this applicationis a gross misdemeanor. The penalty is up to one year in jail and afine of up to $5,000 or both." (3) Persons who qualify for special parking privileges are entitledto receive from the department of licensing a removable windshieldplacard bearing the international symbol of access and an individualserial number, along with a special identification card bearing thename and date of birth of the person to whom the placard is issued, andthe placard's serial number. The special identification card shall beissued no later than January 1, 2000, to all persons who are issuedparking placards, including those issued for temporary disabilities,and special parking license plates for persons with disabilities. Thedepartment shall design the placard to be displayed when the vehicle isparked by suspending it from the rearview mirror, or in the absence ofa rearview mirror the card may be displayed on the dashboard of anyvehicle used to transport the person with disabilities. Instead ofregular motor vehicle license plates, persons with disabilities areentitled to receive special license plates under this section or RCW46.16.385 bearing the international symbol of access for one vehicleregistered in the name of the person with disabilities. Persons withdisabilities who are not issued the special license plates are entitledto receive a second special placard upon submitting a written requestto the department. Persons who have been issued the parking privilegesand who are using a vehicle or are riding in a vehicle displaying theplacard or special license plates issued under this section or RCW Official Print - 2 46.16.385 may park in places reserved for persons with physicaldisabilities. The director shall adopt rules providing for theissuance of special placards and license plates to publictransportation authorities, nursing homes licensed under chapter 18.51RCW, boarding homes licensed under chapter 18.20 RCW, senior citizencenters, private nonprofit agencies as defined in chapter 24.03 RCW,and vehicles registered with the department as cabulances thatregularly transport persons with disabilities who have been determinedeligible for special parking privileges provided under this section.The director may issue special license plates for a vehicle registeredin the name of the public transportation authority, nursing home,boarding home, senior citizen center, private nonprofit agency, orcabulance service if the vehicle is primarily used to transport personswith disabilities described in this section. Public transportationauthorities, nursing homes, boarding homes, senior citizen centers,private nonprofit agencies, and cabulance services are responsible forinsuring that the special placards and license plates are not usedimproperly and are responsible for all fines and penalties for improperuse. (4) Whenever the person with disabilities transfers or assigns hisor her interest in the vehicle, the special license plates shall beremoved from the motor vehicle. If another vehicle is acquired by theperson with disabilities and the vehicle owner qualifies for a specialplate, the plate shall be attached to the vehicle, and the directorshall be immediately notified of the transfer of the plate. If anothervehicle is not acquired by the person with disabilities, the removedplate shall be immediately surrendered to the director. (5) The special license plate shall be renewed in the same mannerand at the time required for the renewal of regular motor vehiclelicense plates under this chapter. No special license plate may beissued to a person who is temporarily disabled. A person who has acondition expected to improve within six months may be issued atemporary placard for a period not to exceed six months. If thecondition exists after six months a new temporary placard shall beissued upon receipt of a new certification from the person's physician.The permanent parking placard and identification card of a person withdisabilities shall be renewed at least every five years, as required bythe director, by satisfactory proof of the right to continued use of Official Print - 3 the privileges. In the event of the permit holder's death, the parkingplacard and identification card must be immediately surrendered to thedepartment. The department shall match and purge its data base ofparking permits issued to persons with disabilities with availabledeath record information at least every twelve months. (6) Each person with disabilities who has been issued a permanentparking permit on or before July 1, 1998, must renew the permit nolater than July 1, 2003, subject to a schedule to be set by thedepartment, or the permit will expire. (7) Additional fees shall not be charged for the issuance of thespecial placards or the identification cards. No additional fee may becharged for the issuance of the special license plates except theregular motor vehicle registration fee and any other fees and taxesrequired to be paid upon registration of a motor vehicle. (8) Any unauthorized use of the special placard, special licenseplate issued under this section or RCW 46.16.385, or identificationcard is a traffic infraction with a monetary penalty of two hundredfifty dollars. (9) It is a parking infraction, with a monetary penalty of twohundred fifty dollars for a person to make inaccessible the accessaisle located next to a space reserved for persons with physicaldisabilities. The clerk of the court shall report all violationsrelated to this subsection to the department. (10) It is a parking infraction, with a monetary penalty of twohundred fifty dollars for any person to park a vehicle in a parkingplace provided on private property without charge or on public propertyreserved for persons with physical disabilities without a placard orspecial license plate issued under this section or RCW 46.16.385. Ifa person is charged with a violation, the person shall not bedetermined to have committed an infraction if the person produces incourt or before the court appearance the placard or special licenseplate issued under this section or RCW 46.16.385 required under thissection. A local jurisdiction providing nonmetered, onstreet parkingplaces reserved for persons with physical disabilities may impose byordinance time restrictions of no less than four hours on the use ofthese parking places. A local jurisdiction may impose by ordinancetime restrictions of no less than four hours on the use of nonreserved, Official Print - 4 onstreet parking spaces by vehicles displaying the special parkingplacards or special license plates issued under this section or RCW46.16.385. All time restrictions must be clearly posted. (11) The penalties imposed under subsections (9) and (10) of thissection shall be used by that local jurisdiction exclusively for lawenforcement. The court may also impose an additional penaltysufficient to reimburse the local jurisdiction for any costs it mayhave incurred in removal and storage of the improperly parked vehicle. (12) Except as provided by subsection (2) of this section, it is atraffic infraction with a monetary penalty of two hundred fifty dollarsfor any person willfully to obtain a special license plate issued underthis section or RCW 46.16.385, placard, or identification card in amanner other than that established under this section. (13)(a) A law enforcement agency authorized to enforce parking lawsmay appoint volunteers, with a limited commission, to issue notices ofinfractions for violations of this section or RCW 46.61.581.Volunteers must be at least twentyone years of age. The lawenforcement agency appointing volunteers may establish any otherqualifications the agency deems desirable. (b) An agency appointing volunteers under this section must providetraining to the volunteers before authorizing them to issue notices ofinfractions. (c) A notice of infraction issued by a volunteer appointed underthis subsection has the same force and effect as a notice of infractionissued by a police officer for the same offense. (d) A police officer or a volunteer may request a person to showthe person's identification card or special parking placard wheninvestigating the possibility of a violation of this section. If therequest is refused, the person in charge of the vehicle may be issueda notice of infraction for a violation of this section. (14) For second or subsequent violations of this section, inaddition to a monetary fine, the violator must complete a minimum offorty hours of: (a) Community restitution for a nonprofit organization that servespersons having disabilities or disabling diseases; or (b) Any other community restitution that may sensitize the violatorto the needs and obstacles faced by persons who have disabilities. Official Print - 5 (15) The court may not suspend more than onehalf of any fineimposed under subsection (8), (9), (10), or (12) of this section.NEW SECTION.Sec. This act takes effect July 1, 2006.SHB 2389S COMM AMDBy Committee on Transportation On page 1, line 2 of the title, after privileges; strike theremainder of the title and insert amending RCW 46.16.381; andproviding an effective date.Amends the notice to applicants and physicians regardingpenalties for knowingly providing false information to indicate that"[a] parking permit for a person with disabilities may be issued onlyfor a medical necessity that severely affects mobility or involvesacute sensitivity to light...."--- END --- Official Print - 6