BILL REQ. #:  H-3849.3 

Read first time 02/06/14.   Referred to Committee on Transportation.

     AN ACT Relating to the operation of wheeled all-terrain vehicles in recreation areas for persons with disabilities; amending RCW 46.19.030 and 46.63.020; adding a new section to chapter 46.09 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 46.09 RCW to read as follows:
     (1) The department must issue, and design, an Americans with disabilities act parking sticker for placement on a wheeled all-terrain vehicle, authorizing access to recreation areas that are difficult to access by persons with disabilities, to an applicant that meets the following requirements:
     (a) The applicant's disability must be determined by a person listed under RCW 46.19.010(2) and recorded on a certification document designed and administered by the department, establishing that the applicant meets one of the following criteria:
     (i) Loss of one or both legs or feet;
     (ii) Inability to walk more than two hundred feet without having to stop and rest;
     (iii) Inability to walk due to severe disability where a person cannot walk without the use of or assistance from a brace, crutches, walker, cane, prosthetic device, wheel chair, other assistive device, or another person;
     (iv) Lung disease from which the person's expiratory volume for one second is less than one liter when measured by spirometry or from which the person's arterial oxygen is less than 60 mm/hg of room air at rest;
     (v) Severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;
     (vi) Uses portable oxygen;
     (vii) Cardiovascular disease from which the person's functional limitations are classified as class III or IV under standards adopted by the American heart association;
     (viii) Cardiovascular disease from which a marked limitation of physical activity causes fatigue, palpitation, dyspnea, or anginal pain; or
     (ix) Other disease or disorder including, but not limited to, severe arthritis or neurological orthopedic impairment that creates a severe mobility limitation; and
     (b) The wheeled all-terrain vehicle meets all registration requirements under this chapter.
     (2)(a) The Americans with disabilities act parking sticker must be placed on the rear of the wheeled all-terrain vehicle.
     (b) The Americans with disabilities act parking sticker must be renewed every three years at the time of annual registration renewal for the wheeled all-terrain vehicle. If the person's disability is temporary, the sticker expires on the date submitted for recovery by the physician as listed on the certification document.
     (c) The department may by rule establish a fee to cover the cost of designing, producing, and administering the Americans with disabilities act parking sticker.
     (3) A person must carry either a Washington state driver's license or identicard when operating a wheeled all-terrain vehicle with an Americans with disabilities act parking sticker.
     (4) The privileges granted under this section may extend to one companion of the operator of a wheeled all-terrain vehicle with an Americans with disabilities act parking sticker serving as operator or passenger of the vehicle if the vehicle is designed for passenger use.
     (5) The submittal of fraudulent physician certification documents submitted to the department to obtain an Americans with disabilities act parking sticker is a gross misdemeanor.
     (6) The department may adopt rules to implement and administer this section.

Sec. 2   RCW 46.19.030 and 2010 c 161 s 704 are each amended to read as follows:
     (1) The department shall design special license plates for persons with disabilities, parking placards, and year tabs displaying the international symbol of access.
     (2) Special license plates for persons with disabilities must be displayed on the motor vehicle as standard issue license plates as described in RCW 46.16A.200.
     (3) Parking placards must be displayed when the motor vehicle is parked by suspending it from the rearview mirror. In the absence of a rearview mirror, the parking placard must be displayed on the dashboard.
     (4) Special year tabs for persons with disabilities must be displayed on license plates as defined by the department.
     (5)(a) Persons who have been issued special license plates for persons with disabilities, parking placards, or special license plates with a special year tab for persons with disabilities may park in places reserved for persons with physical disabilities.
     (b) Persons who possess an Americans with disabilities act parking sticker as issued under section 1 of this act on his or her wheeled all-terrain vehicle may park the wheeled all-terrain vehicle in places reserved for persons with physical disabilities.

Sec. 3   RCW 46.63.020 and 2013 2nd sp.s. c 23 s 21 are each amended to read as follows:
     Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
     (1) Section 1 of this act relating to the submittal of fraudulent physician certification documents to obtain an Americans with disabilities act parking sticker;
     (2) RCW 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;
     (((2))) (3) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (((3))) (4) RCW 46.09.480 relating to operation of nonhighway vehicles;
     (((4))) (5) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
     (((5))) (6) RCW 46.10.495 relating to the operation of snowmobiles;
     (((6))) (7) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
     (((7))) (8) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
     (((8))) (9) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
     (((9))) (10) RCW 46.16A.320 relating to vehicle trip permits;
     (((10))) (11) RCW 46.19.050 relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (((11))) (12) RCW 46.20.005 relating to driving without a valid driver's license;
     (((12))) (13) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (((13))) (14) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (((14))) (15) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (((15))) (16) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (((16))) (17) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
     (((17))) (18) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (((18))) (19) RCW 46.20.750 relating to circumventing an ignition interlock device;
     (((19))) (20) RCW 46.25.170 relating to commercial driver's licenses;
     (((20))) (21) Chapter 46.29 RCW relating to financial responsibility;
     (((21))) (22) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (((22))) (23) RCW 46.35.030 relating to recording device information;
     (((23))) (24) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (((24))) (25) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (((25))) (26) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (((26))) (27) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;
     (((27))) (28) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (((28))) (29) RCW 46.48.175 relating to the transportation of dangerous articles;
     (((29))) (30) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (((30))) (31) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (((31))) (32) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
     (((32))) (33) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
     (((33))) (34) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (((34))) (35) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (((35))) (36) RCW 46.55.300 relating to vehicle immobilization;
     (((36))) (37) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
     (((37))) (38) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (((38))) (39) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (((39))) (40) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (((40))) (41) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;
     (((41))) (42) RCW 46.61.500 relating to reckless driving;
     (((42))) (43) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (((43))) (44) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (((44))) (45) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (((45))) (46) RCW 46.61.522 relating to vehicular assault;
     (((46))) (47) RCW 46.61.5249 relating to first degree negligent driving;
     (((47))) (48) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (((48))) (49) RCW 46.61.530 relating to racing of vehicles on highways;
     (((49))) (50) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
     (((50))) (51) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (((51))) (52) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (((52))) (53) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (((53))) (54) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (((54))) (55) Chapter 46.65 RCW relating to habitual traffic offenders;
     (((55))) (56) RCW 46.68.010 relating to false statements made to obtain a refund;
     (((56))) (57) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
     (((57))) (58) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (((58))) (59) RCW 46.72A.060 relating to limousine carrier insurance;
     (((59))) (60) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (((60))) (61) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (((61))) (62) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (((62))) (63) Chapter 46.82 RCW relating to driver's training schools;
     (((63))) (64) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
     (((64))) (65) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2014.