ESSB 5902 -
By Committee on Human Services
NOT CONSIDERED 03/11/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that when people who
have disabilities are welcomed and included as members of our
communities and provided with equal access to the opportunities
available to others, their participation enriches those communities,
enhances the strength of those communities' diversity, and contributes
toward the economic vitality of those communities. The legislature
further finds that more than nine hundred thousand Washington state
residents with disabilities continue to face barriers to full
participation that could be easily eliminated.
NEW SECTION. Sec. 2 (1) The accessible communities account is
created in the custody of the state treasurer. One hundred dollars of
the assessment imposed under RCW 46.16.381 (7), (8), and (9) must be
deposited into the account. Any reduction in the penalty or fine and
assessment imposed under section 6 of this act shall be applied
proportionally between the penalty or fine and the assessment.
(2) The account is subject to the allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures. Only the commissioner may authorize expenditures from
the account.
(3) Expenditures from the account may be used for promoting greater
awareness of disability issues and improved access for and inclusion
and acceptance of persons with disabilities in communities in the state
of Washington, including:
(a) Reimbursing travel, per diem, and reasonable accommodation for
county accessible community advisory committee meetings and committee
sponsored activities including, but not limited to, supporting the
involvement of people with disabilities and disability organization in
emergency planning and emergency preparedness activities;
(b) Establishing and maintaining an accessible communities web
site;
(c) Providing training or technical assistance for county
accessible community advisory committees;
(d) A grant program for funding proposals developed and submitted
by county accessible community advisory committees to promote greater
awareness of disability issues and acceptance, inclusion, and access
for persons with disabilities within the community;
(e) Reimbursing the state agency that provides administrative
support to the governor's committee on disability issues and employment
for costs associated with implementing this act; and
(f) Programming changes to the judicial information system
accounting module required for disbursement of funds to this account.
NEW SECTION. Sec. 3 A new section is added to chapter 50.40 RCW
to read as follows:
(1) To the extent allowed by funds available from the accessible
communities account created in section 2 of this act, the governor's
committee on disability issues and employment shall:
(a) Determine eligibility of accessible community advisory
committees for reimbursement or for grant funding according to section
4 of this act; and
(b) Solicit proposals from active accessible community advisory
committees for projects to improve disability awareness and access for
persons with disabilities, and shall select projects for funding from
moneys available in the accessible communities account.
(2) The commissioner shall adopt rules to administer this section.
(3) To the extent allowed by funds available from the accessible
communities account created in section 2 of this act, the governor's
committee on disability issues and employment shall establish an
accessible communities web site to provide the following information:
Guidance, technical assistance, reference materials, and resource
identification for local governments, accessible community advisory
committees, and public accommodations; examples of best practices for
local initiatives and activities to promote greater awareness of
disability issues and access for persons with disabilities within the
community; and a searchable listing of local public accommodations that
have taken steps to be more disability friendly, including information
on the specific access features provided.
NEW SECTION. Sec. 4 A new section is added to chapter 36.01 RCW
to read as follows:
(1) A county has the option to expand the scope of an advisory
committee established and maintained under RCW 29A.46.260 to that of an
accessible community advisory committee, or to create an accessible
community advisory committee.
(2) A county that has an active accessible community advisory
committee may be reimbursed within available funds from the accessible
communities account created in section 2 of this act for travel, per
diem, and reasonable accommodation expenses for the participation of
that committee's members in committee meetings and sponsored
activities.
(3) A county establishes that it has an active accessible community
advisory committee by submitting biennial assurances to the governor's
committee on disability issues and employment that:
(a) The decision to establish an accessible community advisory
committee was made by the county legislative authority, or by agents or
officers acting under that authority.
(b) If an accessible community advisory committee is established by
expanding the advisory committee established and maintained under RCW
29A.46.260, the county auditor supports that expansion.
(c) Committee members include persons with a diverse range of
disabilities who are knowledgeable in identifying and eliminating
attitudinal, programmatic, communication, and physical barriers
encountered by persons with disabilities.
(d) The committee is actively involved in the following activities:
Advising on addressing the needs of persons with disabilities in
emergency plans; advising the county and other local governments within
the county on access to programs services and activities, new
construction or renovation projects, sidewalks, other pedestrian routes
of travel, and disability parking enforcement; and developing local
initiatives and activities to promote greater awareness of disability
issues, and acceptance, involvement, and access for persons with
disabilities within the community.
(4) Counties may form joint accessible community advisory
committees, as long as no more than one of the participating counties
has a population greater than seventy thousand.
Sec. 5 RCW 29A.46.260 and 2006 c 207 s 7 are each amended to read
as follows:
(1) The legislature finds that the elimination of polling places
resulting from the transition to vote by mail creates barriers that
restrict the ability of many voters with disabilities from achieving
the independence and privacy in voting provided by the accessible
voting devices required under the help America vote act. Counties
adopting a vote by mail system must take appropriate steps to mitigate
these impacts and to address the obligation to provide voters with
disabilities an equal opportunity to vote independently and privately,
to the extent that this can be achieved without incurring undue
administrative and financial burden.
(2) Each county shall establish and maintain an advisory committee
that includes persons with diverse disabilities and persons with
expertise in providing accommodations for persons with disabilities.
The committee shall assist election officials in developing a plan to
identify and implement changes to improve the accessibility of
elections for voters with disabilities. The plan shall include
recommendations for the following:
(a) The number of polling places that will be maintained in order
to ensure that people with disabilities have reasonable access to
accessible voting devices, and a written explanation for how the
determination was made;
(b) The locations of polling places, drop-off facilities, voting
centers, and other election-related functions necessary to maximize
accessibility to persons with disabilities;
(c) Outreach to voters with disabilities on the availability of
disability accommodation, including in-person disability access voting;
(d) Transportation of voting devices to locations convenient for
voters with disabilities in order to ensure reasonable access for
voters with disabilities; and
(e) Implementation of the provisions of the help America vote act
related to persons with disabilities.
Counties must update the plan at least annually. The election
review staff of the secretary of state shall review and evaluate the
plan in conformance with the review procedure identified in RCW
29A.04.570.
(3) Counties may form a joint advisory committee to develop the
plan identified in subsection (2) of this section if ((the total
population of the joining counties does not exceed thirty thousand, and
the counties are geographically adjacent)) no more than one of the
participating counties has a population greater than seventy thousand.
Sec. 6 RCW 46.16.381 and 2007 c 262 s 1 and 2007 c 44 s 1 are
each reenacted and amended to read as follows:
(1) The director shall grant special parking privileges to any
person who has a disability that limits or impairs the ability to walk
or involves acute sensitivity to light and meets one of the following
criteria, as determined by a licensed physician, an advanced registered
nurse practitioner licensed under chapter 18.79 RCW, or a physician
assistant licensed under chapter 18.71A or 18.57A 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) Has such a severe disability, that the person cannot walk
without the use of or assistance from a brace, cane, another person,
prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to such an extent that forced
expiratory respiratory volume, when measured by spirometry is less than
one liter per second or the arterial oxygen tension is less than sixty
mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to
the extent that the person's functional limitations are classified as
class III or IV under standards accepted by the American Heart
Association;
(g) Has a disability resulting from an acute sensitivity to
automobile emissions which limits or impairs the ability to walk. The
personal physician, advanced registered nurse practitioner, or
physician assistant of the applicant shall document that the disability
is comparable in severity to the others listed in this subsection;
(h) Is legally blind and has limited mobility; or
(i) Is restricted by a form of porphyria to the extent that the
applicant would significantly benefit from a decrease in exposure to
light.
(2) The applications for parking permits for persons with
disabilities and parking permits for persons with temporary
disabilities are official state documents. Knowingly providing false
information in conjunction with the application is a gross misdemeanor
punishable under chapter 9A.20 RCW. The following statement must
appear on each application form immediately below the physician's,
advanced registered nurse practitioner's, or physician assistant's
signature and immediately below the applicant's signature: "A parking
permit for a person with disabilities may be issued only for a medical
necessity that severely affects mobility or involves acute sensitivity
to light (RCW 46.16.381). Knowingly providing false information on
this application is a gross misdemeanor. The penalty is up to one year
in jail and a fine of up to $5,000 or both."
(3) Persons who qualify for special parking privileges are entitled
to receive from the department of licensing a removable windshield
placard bearing the international symbol of access and an individual
serial number, along with a special identification card bearing the
name and date of birth of the person to whom the placard is issued, and
the placard's serial number. The special identification card shall be
issued to all persons who are issued parking placards, including those
issued for temporary disabilities, and special parking license plates
for persons with disabilities. The department shall design the placard
to be displayed when the vehicle is parked by suspending it from the
rearview mirror, or in the absence of a rearview mirror the card may be
displayed on the dashboard of any vehicle used to transport the person
with disabilities. Instead of regular motor vehicle license plates,
persons with disabilities are entitled to receive special license
plates under this section or RCW 46.16.385 bearing the international
symbol of access for one vehicle registered in the name of the person
with disabilities. Persons with disabilities who are not issued the
special license plates are entitled to receive a second special placard
upon submitting a written request to the department. Persons who have
been issued the parking privileges and who are using a vehicle or are
riding in a vehicle displaying the placard or special license plates
issued under this section or RCW 46.16.385 may park in places reserved
for persons with physical disabilities. The director shall adopt rules
providing for the issuance of special placards and license plates to
public transportation authorities, nursing homes licensed under chapter
18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior
citizen centers, private nonprofit agencies as defined in chapter 24.03
RCW, and vehicles registered with the department as cabulances that
regularly transport persons with disabilities who have been determined
eligible for special parking privileges provided under this section.
The director may issue special license plates for a vehicle registered
in the name of the public transportation authority, nursing home,
boarding home, senior citizen center, private nonprofit agency, or
cabulance service if the vehicle is primarily used to transport persons
with disabilities described in this section. Public transportation
authorities, nursing homes, boarding homes, senior citizen centers,
private nonprofit agencies, and cabulance services are responsible for
insuring that the special placards and license plates are not used
improperly and are responsible for all fines and penalties for improper
use.
(4) Whenever the person with disabilities transfers or assigns his
or her interest in the vehicle, the special license plates shall be
removed from the motor vehicle. If another vehicle is acquired by the
person with disabilities and the vehicle owner qualifies for a special
plate, the plate shall be attached to the vehicle, and the director
shall be immediately notified of the transfer of the plate. If another
vehicle is not acquired by the person with disabilities, the removed
plate shall be immediately surrendered to the director.
(5) The special license plate shall be renewed in the same manner
and at the time required for the renewal of regular motor vehicle
license plates under this chapter. No special license plate may be
issued to a person who is temporarily disabled. A person who has a
condition expected to improve within six months may be issued a
temporary placard for a period not to exceed six months. If the
condition exists after six months a new temporary placard shall be
issued upon receipt of a new certification from the person's physician.
The permanent parking placard and identification card of a person with
disabilities shall be renewed at least every five years, as required by
the director, by satisfactory proof of the right to continued use of
the privileges. In the event of the permit holder's death, the parking
placard and identification card must be immediately surrendered to the
department. The department shall match and purge its database of
parking permits issued to persons with disabilities with available
death record information at least every twelve months.
(6) Additional fees shall not be charged for the issuance of the
special placards or the identification cards. No additional fee may be
charged for the issuance of the special license plates except the
regular motor vehicle registration fee and any other fees and taxes
required to be paid upon registration of a motor vehicle.
(7) Any unauthorized use of the special placard, special license
plate issued under this section or RCW 46.16.385, or identification
card is a ((traffic)) parking infraction with a monetary penalty of two
hundred fifty dollars. In addition to any penalty or fine imposed
under this subsection, two hundred dollars shall be assessed.
(8) It is a parking infraction, with a monetary penalty of two
hundred fifty dollars for a person to park in, block, or otherwise make
inaccessible the access aisle located next to a space reserved for
persons with physical disabilities. In addition to any penalty or fine
imposed under this subsection, two hundred dollars shall be assessed.
The clerk of the court shall report all violations related to this
subsection to the department.
(9) It is a parking infraction, with a monetary penalty of two
hundred fifty dollars for any person to park a vehicle in a parking
place provided on private property without charge or on public property
reserved for persons with physical disabilities without a placard or
special license plate issued under this section or RCW 46.16.385. In
addition to any penalty or fine imposed under this subsection, two
hundred dollars shall be assessed. If a person is charged with a
violation, the person shall not be determined to have committed an
infraction if the person produces in court or before the court
appearance the placard or special license plate issued under this
section or RCW 46.16.385 required under this section. A local
jurisdiction providing nonmetered, on-street parking places reserved
for persons with physical disabilities may impose by ordinance time
restrictions of no less than four hours on the use of these parking
places. A local jurisdiction may impose by ordinance time restrictions
of no less than four hours on the use of nonreserved, on-street parking
spaces by vehicles displaying the special parking placards or special
license plates issued under this section or RCW 46.16.385. All time
restrictions must be clearly posted.
(10) ((The penalties)) (a) Two hundred dollars from each full
penalty imposed under subsections (7), (8), and (9) of this section
shall be allocated as follows:
(i) One hundred dollars shall be deposited in the accessible
communities account created in section 2 of this act; and
(ii) One hundred dollars shall be deposited in the multimodal
transportation account under RCW 47.66.070 for the sole purpose of
supplementing a grant program for special needs transportation provided
by transit agencies and nonprofit providers of transportation that is
administered by the department of transportation.
(b) When a reduced penalty is imposed under subsection (7), (8), or
(9) of this section, the amount deposited in the accounts identified in
(a) of this subsection shall be reduced equally and proportionally.
The remaining penalty amounts shall be used by that local jurisdiction
exclusively for law enforcement. The court may also impose an
additional penalty sufficient to reimburse the local jurisdiction for
any costs it may have incurred in removal and storage of the improperly
parked vehicle.
(11) Except as provided by subsection (2) of this section, it is a
traffic infraction with a monetary penalty of two hundred fifty dollars
for any person willfully to obtain a special license plate issued under
this section or RCW 46.16.385, placard, or identification card in a
manner other than that established under this section.
(12)(a) A law enforcement agency authorized to enforce parking laws
may appoint volunteers, with a limited commission, to issue notices of
infractions for violations of this section or RCW 46.61.581.
Volunteers must be at least twenty-one years of age. The law
enforcement agency appointing volunteers may establish any other
qualifications the agency deems desirable.
(b) An agency appointing volunteers under this section must provide
training to the volunteers before authorizing them to issue notices of
infractions.
(c) A notice of infraction issued by a volunteer appointed under
this subsection has the same force and effect as a notice of infraction
issued by a police officer for the same offense.
(d) A police officer or a volunteer may request a person to show
the person's identification card or special parking placard when
investigating the possibility of a violation of this section. If the
request is refused, the person in charge of the vehicle may be issued
a notice of infraction for a violation of this section.
(13) For second or subsequent violations of this section, in
addition to a monetary fine, the violator must complete a minimum of
forty hours of:
(a) Community restitution for a nonprofit organization that serves
persons having disabilities or disabling diseases; or
(b) Any other community restitution that may sensitize the violator
to the needs and obstacles faced by persons who have disabilities.
(14) The court may not suspend more than one-half of any fine
imposed under subsection (7), (8), (9), or (11) of this section.
(15) For the purposes of this section, "legally blind" means a
person who: (a) Has no vision or whose vision with corrective lenses
is so limited that the individual requires alternative methods or
skills to do efficiently those things that are ordinarily done with
sight by individuals with normal vision; or (b) has an eye condition of
a progressive nature which may lead to blindness.
Sec. 7 RCW 43.79A.040 and 2009 c 87 s 4 are each amended to read
as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
accessible communities account, the agricultural local fund, the
American Indian scholarship endowment fund, the foster care scholarship
endowment fund, the foster care endowed scholarship trust fund, the
students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account,
the Washington state combined fund drive account, the commemorative
works account, the Washington international exchange scholarship
endowment fund, the toll collection account, the developmental
disabilities endowment trust fund, the energy account, the fair fund,
the family leave insurance account, the food animal veterinarian
conditional scholarship account, the fruit and vegetable inspection
account, the future teachers conditional scholarship account, the game
farm alternative account, the GET ready for math and science
scholarship account, the grain inspection revolving fund, the juvenile
accountability incentive account, the law enforcement officers' and
firefighters' plan 2 expense fund, the local tourism promotion account,
the pilotage account, the produce railcar pool account, the regional
transportation investment district account, the rural rehabilitation
account, the stadium and exhibition center account, the youth athletic
facility account, the self-insurance revolving fund, the sulfur dioxide
abatement account, the children's trust fund, the Washington horse
racing commission Washington bred owners' bonus fund and breeder awards
account, the Washington horse racing commission class C purse fund
account, the individual development account program account, the
Washington horse racing commission operating account (earnings from the
Washington horse racing commission operating account must be credited
to the Washington horse racing commission class C purse fund account),
the life sciences discovery fund, the Washington state heritage center
account, the reduced cigarette ignition propensity account, and the
reading achievement account. However, the earnings to be distributed
shall first be reduced by the allocation to the state treasurer's
service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section."
Correct the title.