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by the General Assembly of the State of Missouri, as follows: Section A. Sections 301.142 and 301.3030, RSMo, are 1 repealed and two new sections enacted in lieu thereof, to be 2 known as sections 301.142 and 301.3030, to read as follows:3 301.142. 1.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