SB 211 — Relating to permanent windshield placard to be valid for duration of applicant’s life

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 211 By SenatorsSenator Clements and Rucker [Introduced[Originating Januaryin 13,the 2023;Committee on Transportation and Infrastructure;

referredreported to the Committee on TransportationJanuary and24, Infrast]ucture2023] IntrCS for SB 211 2023R2654S 2023R2609H A BILL to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to amaking permanent windshield placardplacards tothat bebenefit persons with mobility impairment valid for the duration of the applicant's life.

STOPPING, STANDINGSTANDING, AND PARKING.

(5) Upon receipt of the completed application, the physician’s certificate and the regular 1 CS for SB 211 registration fee for the applicant’s vehicle class, if the commissioner finds that the applicant Intr SB 211 2023R2654S 2023R2609H 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.

(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 2 CS for SB 211 arterial oxygen tension is less than 60 mm/hg on room air at rest;

Intr SB 211 2023R2654S 2023R2609H (D) Uses portable oxygen;

(C) An expiration date in numbers measuring one inch in height;height for a temporary placard;

3 CS for SB 211 (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 Intr SB 211 2023R2654S 2023R2609H located;

(8) "Commercial facility" means a facility whose operations affect commerce and which are 4 CS for SB 211 intended for nonresidential use by a private entity;

(9) "Accessible parking" formerly known as "handicapped parking" is the present phrase Intr SB 211 2023R2654S 2023R2609H consistent with language within the Americans with Disabilities Act (ADA).

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 5 CS for SB 211 not less than five years.

(c) The commissioner shall set the expiration date for special registration plates and Intr SB 211 2023R2654S 2023R2609H 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.

In particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot 6 CS for SB 211 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 Intr SB 211 2023R2654S 2023R2609H spaced every 12 or 24 inches apart along with the words "no parking" in painted letters which are at least 12 inches in height.

(i) Stopping, standingstanding, 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.

7 CS for SB 211 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.

Intr SB 211 2023R2654S 2023R2609H 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.

8 CS for SB 211 (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 Intr SB 211 2023R2654S 2023R2609H space.

These revenues shall be 9 CS for SB 211 used first to fund the provisions of subsection (o) of this section, if adopted by local authorities, or otherwise shall go into the local authorities’ General Revenue Fund.

Otherwise, any moneys Intr SB 211 2023R2654S 2023R2609H collected as fines shall be collected for and remitted to the state.

This bill is by request of the Department of Transportation.Transportation, Division of Motor Vehicles.