Missouri 2024 2024 Regular Session

Missouri Senate Bill SB912 Introduced / Bill

Filed 12/06/2023

                     
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
SECOND REGULAR SESSION 
SENATE BILL NO. 912 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BROWN (26). 
3361S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal sections 301.142 and 301.3030, RSMo, and to enact in lieu thereof two new sections 
relating to motor vehicles, with existing penalty provisions. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A. Sections 301.142 and 301.3030, RSMo, are 1 
repealed and two new sections enacted in lieu thereof, to be 2 
known as sections 301.142 and 301.3030, to read as follows:3 
     301.142.  1.  As used in sections 301.141 to 301.143, 1 
the following terms mean: 2 
     (1)  "Department", the department of revenue; 3 
     (2)  "Director", the director of the department of 4 
revenue; 5 
     (3)  "Other authorized health care practitioner" 6 
includes advanced practice registered nurses licensed 7 
pursuant to chapter 335, physician assistants licensed 8 
pursuant to chapter 334, chiropractors licensed pursuant to 9 
chapter 331, podiatrists licensed pur suant to chapter 330, 10 
assistant physicians, physical therapists licensed pursuant 11 
to chapter 334, and optometrists licensed pursuant to 12 
chapter 336; 13 
     (4)  "Physically disabled", a natural person who is 14 
blind, as defined in section 8.700, or a natur al person with  15 
medical disabilities which prohibits, limits, or severely 16 
impairs one's ability to ambulate or walk, as determined by 17   SB 912 	2 
a licensed physician or other authorized health care 18 
practitioner as follows: 19 
     (a)  The person cannot ambulate or w alk fifty or less  20 
feet without stopping to rest due to a severe and disabling 21 
arthritic, neurological, orthopedic condition, or other 22 
severe and disabling condition; or 23 
     (b)  The person cannot ambulate or walk without the use 24 
of, or assistance from , a brace, cane, crutch, another 25 
person, prosthetic device, wheelchair, or other assistive 26 
device; or 27 
     (c)  Is restricted by a respiratory or other disease to 28 
such an extent that the person's forced respiratory 29 
expiratory volume for one second, whe n measured by  30 
spirometry, is less than one liter, or the arterial oxygen 31 
tension is less than sixty mm/hg on room air at rest; or 32 
     (d)  Uses portable oxygen; or 33 
     (e)  Has a cardiac condition to the extent that the 34 
person's functional limitations are classified in severity 35 
as class III or class IV according to standards set by the 36 
American Heart Association; or 37 
     (f)  Except as otherwise provided in subdivision (4) of 38 
subsection 16 of this section, a person's age, in and of 39 
itself, shall not be a factor in determining whether such 40 
person is physically disabled or is otherwise entitled to 41 
disabled license plates and/or disabled windshield hanging 42 
placards within the meaning of sections 301.141 to 301.143; 43 
     (5)  "Physician", a person li censed to practice 44 
medicine pursuant to chapter 334; 45 
     (6)  "Physician's statement", a statement personally 46 
signed by a duly authorized person which certifies that a 47 
person is disabled as defined in this section; 48   SB 912 	3 
     (7)  "Temporarily disabled perso n", a disabled person 49 
as defined in this section whose disability or incapacity is 50 
expected to last no more than one hundred eighty days; 51 
     (8)  "Temporary windshield placard", a placard to be 52 
issued to persons who are temporarily disabled persons as  53 
defined in this section, certification of which shall be 54 
indicated on the physician's statement; 55 
     (9)  "Windshield placard", a placard to be issued to 56 
persons who are physically disabled as defined in this 57 
section, certification of which shall be indicated on the  58 
physician's statement. 59 
     2.  Other authorized health care practitioners may 60 
furnish to a disabled or temporarily disabled person a 61 
physician's statement for only those physical health care 62 
conditions for which such health care pract itioner is  63 
legally authorized to diagnose and treat. 64 
     3.  A physician's statement shall: 65 
     (1)  Be on a form prescribed by the director of revenue; 66 
     (2)  Set forth the specific diagnosis and medical 67 
condition which renders the person physicall y disabled or  68 
temporarily disabled as defined in this section; 69 
     (3)  Include the physician's or other authorized health 70 
care practitioner's license number; and 71 
     (4)  Be personally signed by the issuing physician or 72 
other authorized health care p ractitioner. 73 
     4.  If it is the professional opinion of the physician 74 
or other authorized health care practitioner issuing the 75 
statement that the physical disability of the applicant, 76 
user, or member of the applicant's household is permanent, 77 
it shall be noted on the statement.  Otherwise, the  78 
physician or other authorized health care practitioner shall 79 
note on the statement the anticipated length of the 80   SB 912 	4 
disability, which shall determine the expiration date for 81 
the temporary windshield placard, a nd which period [may]  82 
shall not exceed one hundred eighty days.  If the physician  83 
or health care practitioner fails to record an expiration 84 
date on the physician's statement, the director shall issue 85 
a temporary windshield placard for a period of thirt y days. 86 
     5.  A physician or other authorized health care 87 
practitioner who issues or signs a physician's statement so 88 
that disabled plates or a disabled windshield placard may be 89 
obtained shall maintain in such disabled person's medical 90 
chart documentation that such a certificate has been issued, 91 
the date the statement was signed, the diagnosis or 92 
condition which existed that qualified the person as 93 
disabled pursuant to this section and shall contain 94 
sufficient documentation so as to objectively confirm that  95 
such condition exists. 96 
     6.  The medical or other records of the physician or 97 
other authorized health care practitioner who issued a 98 
physician's statement shall be open to inspection and review 99 
by such practitioner's licensing board, in order to verify  100 
compliance with this section.  Information contained within 101 
such records shall be confidential unless required for 102 
prosecution, disciplinary purposes, or otherwise required to 103 
be disclosed by law. 104 
     7.  Owners of motor vehicles who are residents of the 105 
state of Missouri, and who are physically disabled, owners 106 
of motor vehicles operated at least fifty percent of the 107 
time by a physically disabled person, or owners of motor 108 
vehicles used to primarily transport physically disabled 109 
members of the owner's household may obtain disabled person 110 
license plates.  Such owners, upon application [,] to the  111 
director accompanied by the documents and fees provided for 112   SB 912 	5 
in this section, a current physician's statement which has 113 
been issued within ninety days proceeding the date the 114 
application is made, and proof of compliance with the state 115 
motor vehicle laws relating to registration and licensing of 116 
motor vehicles, shall be issued motor vehicle license plates 117 
for vehicles, other than commer cial vehicles with a gross 118 
weight in excess of twenty -four thousand pounds, upon which 119 
shall be inscribed the international wheelchair 120 
accessibility symbol and the word "DISABLED" in addition to 121 
a combination of letters and numbers.  Such license plates  122 
shall be made with fully reflective material with a common 123 
color scheme and design, shall be clearly visible at night, 124 
and shall be aesthetically attractive, as prescribed by 125 
section 301.130.  If at any time an individual who obtained 126 
disabled license plates issued under this subsection no 127 
longer occupies a residence with a physically disabled 128 
person, or no longer owns a vehicle that is operated at 129 
least fifty percent of the time by a physically disabled 130 
person, such individual shall surrender th e disabled license 131 
plates to the department within thirty days of becoming 132 
ineligible for their use. 133 
     8.  The director shall further issue, upon request, to 134 
such applicant one, and for good cause shown, as the 135 
director may define by rule and regula tions, not more than 136 
two, removable disabled windshield hanging placards for use 137 
when the disabled person is occupying a vehicle or when a 138 
vehicle not bearing the permanent handicap plate is being 139 
used to pick up, deliver, or collect the physically dis abled  140 
person issued the disabled motor vehicle license plate or 141 
disabled windshield hanging placard. 142 
     9.  No additional fee shall be paid to the director for 143 
the issuance of the special license plates provided in this 144   SB 912 	6 
section, except for special pe rsonalized license plates and 145 
other license plates described in this subsection.  Priority  146 
for any specific set of special license plates shall be 147 
given to the applicant who received the number in the 148 
immediately preceding license period subject to the  149 
applicant's compliance with the provisions of this section 150 
and any applicable rules or regulations issued by the 151 
director.  If determined feasible by the advisory committee 152 
established in section 301.129, any special license plate 153 
issued pursuant to this section may be adapted to also 154 
include the international wheelchair accessibility symbol 155 
and the word "DISABLED" as prescribed in this section and 156 
such plate may be issued to any applicant who meets the 157 
requirements of this section and the other a ppropriate  158 
provision of this chapter, subject to the requirements and 159 
fees of the appropriate provision of this chapter. 160 
     10.  Any physically disabled person, or the parent or 161 
guardian of any such person, or any not -for-profit group,  162 
organization, or other entity which transports more than one 163 
physically disabled person, may apply to the director of 164 
revenue for a removable windshield placard.  The placard may  165 
be used in motor vehicles which do not bear the permanent 166 
handicap symbol on the licens e plate.  Such placards must be 167 
hung from the front, middle rearview mirror of a parked 168 
motor vehicle and may not be hung from the mirror during 169 
operation.  These placards may only be used during the 170 
period of time when the vehicle is being used by a d isabled  171 
person, or when the vehicle is being used to pick up, 172 
deliver, or collect a disabled person, and shall be 173 
surrendered to the department, within thirty days, if a 174 
group, organization, or entity that obtained the removable 175 
windshield placard due to the transportation of more than 176   SB 912 	7 
one physically disabled person no longer transports more 177 
than one disabled person.  When there is no rearview mirror, 178 
the placard shall be displayed on the dashboard on the 179 
driver's side. 180 
     11.  The removable windshield placard shall conform to 181 
the specifications, in respect to size, color, and content, 182 
as set forth in federal regulations published by the 183 
Department of Transportation.  The removable windshield 184 
placard shall be renewed every [four] eight years.  The  185 
director shall have the authority to automatically extend 186 
the expiration date of current valid windshield placards, 187 
other than temporary windshield placards, to a duration of 188 
eight years until all windshield placards other than 189 
temporary windshield placards are on an eight year renewal 190 
cycle.  The director may stagger the expiration dates to 191 
equalize workload.  Only one removable placard may be issued 192 
to an applicant who has been issued disabled person license 193 
plates.  Upon request, one additi onal windshield placard may 194 
be issued to an applicant who has not been issued disabled 195 
person license plates. 196 
     12.  A temporary windshield placard shall be issued to 197 
any physically disabled person, or the parent or guardian of 198 
any such person who o therwise qualifies except that the 199 
physical disability, in the opinion of the physician, is not 200 
expected to exceed a period of one hundred eighty days.  The  201 
temporary windshield placard shall conform to the 202 
specifications, in respect to size, color, an d content, as  203 
set forth in federal regulations published by the Department 204 
of Transportation.  The fee for the temporary windshield 205 
placard shall be two dollars.  Upon request, and for good 206 
cause shown, one additional temporary windshield placard may 207 
be issued to an applicant.  Temporary windshield placards 208   SB 912 	8 
shall be issued upon presentation of the physician's 209 
statement provided by this section and shall be displayed in 210 
the same manner as removable windshield placards.  A person  211 
or entity shall be q ualified to possess and display a 212 
temporary removable windshield placard for six months and 213 
the placard may be renewed once for an additional six months 214 
if a physician's statement pursuant to this section is 215 
supplied to the director of revenue at the t ime of renewal. 216 
     13.  [Application for license plates or windshield 217 
placards issued pursuant to this section shall be made to 218 
the director of revenue and shall be accompanied by a 219 
statement signed by a licensed physician or other authorized 220 
health care practitioner which certifies that the applicant, 221 
user, or member of the applicant's household is a physically 222 
disabled person as defined by this section. 223 
     14.  The] A windshield placard shall be renewable only 224 
by the person or entity to which t he placard was originally 225 
issued.  Any placard issued pursuant to this section shall 226 
only be used when the physically disabled occupant for whom 227 
the disabled plate or placard was issued is in the motor 228 
vehicle at the time of parking or when a physicall y disabled  229 
person is being delivered or collected.  A disabled license 230 
plate and/or a removable windshield hanging placard are not 231 
transferable and may not be used by any other person whether 232 
disabled or not. 233 
     [15.] 14.  At the time the disabled pl ates or  234 
windshield hanging placards are issued, the director shall 235 
issue a registration certificate which shall include the 236 
applicant's name, address, and other identifying information 237 
as prescribed by the director, or if issued to an agency, 238 
such agency's name and address.  This certificate shall 239 
further contain the disabled license plate number or, for 240   SB 912 	9 
windshield hanging placards, the registration or identifying 241 
number stamped on the placard.  The validated registration 242 
receipt given to the appli cant shall serve as the 243 
registration certificate. 244 
     [16.] 15.  The director shall, upon issuing any 245 
disabled registration certificate for license plates and/or 246 
windshield hanging placards, provide information which 247 
explains that such plates or winds hield hanging placards are 248 
nontransferable, and the restrictions explaining who and 249 
when a person or vehicle which bears or has the disabled 250 
plates or windshield hanging placards may be used or be 251 
parked in a disabled reserved parking space, and the 252 
penalties prescribed for violations of the provisions of 253 
this act. 254 
     [17.] 16.  (1)  Except as otherwise provided in this 255 
subsection, every [new] applicant for issuance or renewal of  256 
a disabled license plate or placard shall be required to 257 
present a new physician's statement dated no more than 258 
ninety days prior to such application.  [Renewal applicants 259 
will be required to submit a physician's statement dated no 260 
more than ninety days prior to such application upon their 261 
first renewal occurring on o r after August 1, 2005.  Upon  262 
completing subsequent renewal applications, a physician's 263 
statement dated no more than ninety days prior to such 264 
application shall be required every eighth year.  Such  265 
physician's statement shall state the expiration date for  266 
the temporary windshield placard.  If the physician fails to 267 
record an expiration date on the physician's statement, the 268 
director shall issue the temporary windshield placard for a 269 
period of thirty days.  The director may stagger the 270 
requirement of a physician's statement on all renewals for 271 
the initial implementation of an eight -year period.] 272   SB 912 	10 
     (2)  Notwithstanding any provision of law to the 273 
contrary, if the applicant has presented proof of disability 274 
in the form of a statement from the Uni ted States Veterans' 275 
Administration verifying that the person is permanently 276 
disabled, the applicant shall not be required to provide a 277 
physician's statement for the purpose of issuance or renewal 278 
of disabled persons license plates or windshield placar ds. 279 
     (3)  Notwithstanding the provisions of paragraph (f) of 280 
subdivision (4) of subsection 1 of this section, any person 281 
seventy-five years of age or older who provided a 282 
physician's statement with the original application shall 283 
not be required to provide a physician's statement for the 284 
purpose of renewal of disabled persons license plates or 285 
windshield placards. 286 
     [18.] 17.  The director of revenue upon receiving a 287 
physician's statement pursuant to this subsection shall 288 
check with the state board of registration for the healing 289 
arts created in section 334.120, or the Missouri state board 290 
of nursing established in section 335.021, with respect to 291 
physician's statements signed by advanced practice 292 
registered nurses, or the Missouri state bo ard of  293 
chiropractic examiners established in section 331.090, with 294 
respect to physician's statements signed by licensed 295 
chiropractors, or with the board of optometry established in 296 
section 336.130, with respect to physician's statements 297 
signed by licensed optometrists, or the state board of 298 
podiatric medicine created in section 330.100, with respect 299 
to physician's statements signed by physicians of the foot 300 
or podiatrists to determine whether the physician is duly 301 
licensed and registered pursuant t o law.  [If such applicant  302 
obtaining a disabled license plate or placard presents proof 303 
of disability in the form of a statement from the United 304   SB 912 	11 
States Veterans' Administration verifying that the person is 305 
permanently disabled, the applicant shall be e xempt from the  306 
eight-year certification requirement of this subsection for 307 
renewal of the plate or placard.  Initial applications shall 308 
be accompanied by the physician's statement required by this 309 
section.  Notwithstanding the provisions of paragraph ( f) of  310 
subdivision (4) of subsection 1 of this section, any person 311 
seventy-five years of age or older who provided the 312 
physician's statement with the original application shall 313 
not be required to provide a physician's statement for the 314 
purpose of renewal of disabled persons license plates or 315 
windshield placards. 316 
     19.] 18.  The boards shall cooperate with the director 317 
and shall supply information requested pursuant to this 318 
subsection.  The director shall, in cooperation with the 319 
boards which shall assist the director, establish a list of 320 
all Missouri physicians and other authorized health care 321 
practitioners and of any other information necessary to 322 
administer this section. 323 
     [20.] 19.  Where the owner's application is based on 324 
the fact that the vehicle is used at least fifty percent of 325 
the time by a physically disabled person, the applicant 326 
shall submit a statement stating this fact, in addition to 327 
the physician's statement.  The statement shall be signed by 328 
both the owner of the vehicle and the physically disabled 329 
person.  The applicant shall be required to submit this 330 
statement with each application for license plates.  No  331 
person shall willingly or knowingly submit a false statement 332 
and any such false statement shall be considered p erjury and  333 
may be punishable pursuant to section 301.420. 334 
     [21.] 20.  The director of revenue shall retain all 335 
physicians' statements and all other documents received in 336   SB 912 	12 
connection with a person's application for disabled license 337 
plates and/or disabled windshield placards. 338 
     [22.] 21.  The director of revenue shall enter into  339 
reciprocity agreements with other states or the federal  340 
government for the purpose of recognizing disabled person  341 
license plates or windshield placards issued to physically  342 
disabled persons. 343 
     [23.] 22.  When a person to whom disabled person 344 
license plates or a removable or temporary windshield 345 
placard or both have been issued dies, the personal 346 
representative of the decedent or such other person who may 347 
come into or otherwise take possession of the disabled 348 
license plates or disabled windshield placard shall return 349 
the same to the director of revenue under penalty of law.   350 
Failure to return such plates or placards shall constitute a 351 
class B misdemeanor. 352 
     [24.] 23.  The director of revenue may order any person 353 
issued disabled person license plates or windshield placards 354 
to submit to an examination by a chiropractor, osteopath, or 355 
physician, or to such other investigation as will determine 356 
whether such person qualifies for the special plates or 357 
placards. 358 
     [25.] 24.  If such person refuses to submit or is found 359 
to no longer qualify for special plates or placards provided 360 
for in this section, the director of revenue shall collect 361 
the special plates or placards, and shall furnish license 362 
plates to replace the ones collected as provided by this 363 
chapter. 364 
     [26.] 25.  In the event a removable or temporary 365 
windshield placard is lost, stolen, or mutilated, the lawful 366 
holder thereof shall, within five days, file with the 367 
director of revenue an application and an affidavit stating 368   SB 912 	13 
such fact, in order to purchase a new placard.  The fee for  369 
the replacement windshield placard shall be four dollars. 370 
     [27.] 26.  Fraudulent application, renewal, issuan ce,  371 
procurement or use of disabled person license plates or 372 
windshield placards shall be a class A misdemeanor.  It is a  373 
class B misdemeanor for a physician, chiropractor, 374 
podiatrist or optometrist to certify that an individual or 375 
family member is qua lified for a license plate or windshield 376 
placard based on a disability, the diagnosis of which is 377 
outside their scope of practice or if there is no basis for 378 
the diagnosis. 379 
     301.3030.  1.  Notwithstanding any provision of law to 1 
the contrary, no special license plates involving military 2 
actions or personnel shall require a special fee for 3 
issuance or personalization of one set of such plates issued 4 
to each qualified applicant.  Additional sets of special 5 
license plates issued to th e qualified applicant may be 6 
subject to fees for special license plate issuance or 7 
personalization as otherwise required by law. 8 
     2.  Any special license plates involving military 9 
actions or personnel that are authorized after August 28, 10 
2006, shall not limit the number of license plates any 11 
person qualified for such special license plate may obtain 12 
so long as each set of license plates issued is issued for 13 
vehicles owned solely or jointly by the qualified applicant. 14 
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