3361S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 912
AN ACT
To repeal sections 301.142 and 301.3030, RSMo, and to
enact in lieu thereof three 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
repealed and three new sections enacted in lieu thereof, to be
known as sections 301.142, 301.3030, and 301.3180, to read as
follows:
301.142. 1. As used in sections 301.141 to 301.143,
the following terms mean:
(1) "Department", the department of revenue;
(2) "Director", the director of the department of
revenue;
(3) "Other authorized health care practitioner"
includes advanced practice registered nurses licensed
pursuant to chapter 335, physician assistants licensed
pursuant to chapter 334, chiropractors licensed pursuant to
chapter 331, podiatrists licensed pursuant to chapter 330,
assistant physicians, physical therapists licensed pursuant
to chapter 334, and opto metrists licensed pursuant to
chapter 336;
(4) "Physically disabled", a natural person who is
blind, as defined in section 8.700, or a natural person with
medical disabilities which prohibits, limits, or severely
impairs one's ability to ambulate or walk, as determined by
a licensed physician or other authorized health care
practitioner as follows:
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(a) The person cannot ambulate or walk fifty or less
feet without stopping to rest due to a severe and disabling
arthritic, neurological, ort hopedic condition, or other
severe and disabling condition; or
(b) The person cannot ambulate or walk without the use
of, or assistance from, a brace, cane, crutch, another
person, prosthetic device, wheelchair, or other assistive
device; or
(c) Is restricted by a respiratory or other disease to
such an extent that the person's forced respiratory
expiratory volume for one second, when measured by
spirometry, is less than one liter, or the arterial oxygen
tension is less than sixty mm/hg on room air at rest; or
(d) Uses portable oxygen; or
(e) Has a cardiac condition to the extent that the
person's functional limitations are classified in severity
as class III or class IV according to standards set by the
American Heart Association; or
(f) Except as otherwise provided in subdivision (4) of
subsection 16 of this section, a person's age, in and of
itself, shall not be a factor in determining whether such
person is physically disabled or is otherwise entitled to
disabled license plates and/or disabled windshield hanging
placards within the meaning of sections 301.141 to 301.143;
(5) "Physician", a person licensed to practice
medicine pursuant to chapter 334;
(6) "Physician's statement", a statement persona lly
signed by a duly authorized person which certifies that a
person is disabled as defined in this section;
(7) "Temporarily disabled person", a disabled person
as defined in this section whose disability or incapacity is
expected to last no mor e than one hundred eighty days;
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(8) "Temporary windshield placard", a placard to be
issued to persons who are temporarily disabled persons as
defined in this section, certification of which shall be
indicated on the physician's statement;
(9) "Windshield placard", a placard to be issued to
persons who are physically disabled as defined in this
section, certification of which shall be indicated on the
physician's statement.
2. Other authorized health care practitioners may
furnish to a disabled or temporarily disabled person a
physician's statement for only those physical health care
conditions for which such health care practitioner is
legally authorized to diagnose and treat.
3. A physician's statement shall:
(1) Be on a form prescribed by the director of revenue;
(2) Set forth the specific diagnosis and medical
condition which renders the person physically disabled or
temporarily disabled as defined in this section;
(3) Include the physician's or other a uthorized health
care practitioner's license number; and
(4) Be personally signed by the issuing physician or
other authorized health care practitioner.
4. If it is the professional opinion of the physician
or other authorized health care pr actitioner issuing the
statement that the physical disability of the applicant,
user, or member of the applicant's household is permanent,
it shall be noted on the statement. Otherwise, the
physician or other authorized health care practitioner shall
note on the statement the anticipated length of the
disability, which shall determine the expiration date for
the temporary windshield placard, and which period [may]
shall not exceed one hundred eighty days. If the physician
or health care practitio ner fails to record an expiration
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date on the physician's statement, the director shall issue
a temporary windshield placard for a period of thirty days.
5. A physician or other authorized health care
practitioner who issues or signs a physician's statement so
that disabled plates or a disabled windshield placard may be
obtained shall maintain in such disabled person's medical
chart documentation that such a certificate has been issued,
the date the statement was signed, the diagnosis or
condition which existed that qualified the person as
disabled pursuant to this section and shall contain
sufficient documentation so as to objectively confirm that
such condition exists.
6. The medical or other records of the physician or
other authorized health care practitioner who issued a
physician's statement shall be open to inspection and review
by such practitioner's licensing board, in order to verify
compliance with this section. Information contained within
such records shall be confide ntial unless required for
prosecution, disciplinary purposes, or otherwise required to
be disclosed by law.
7. Owners of motor vehicles who are residents of the
state of Missouri, and who are physically disabled, owners
of motor vehicles operated at least fifty percent of the
time by a physically disabled person, or owners of motor
vehicles used to primarily transport physically disabled
members of the owner's household may obtain disabled person
license plates. Such owners, upon application [,] to the
director accompanied by the documents and fees provided for
in this section, a current physician's statement which has
been issued within ninety days proceeding the date the
application is made, and proof of compliance with the state
motor vehicle laws relating to registration and licensing of
motor vehicles, shall be issued motor vehicle license plates
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for vehicles, other than commercial vehicles with a gross
weight in excess of twenty -four thousand pounds, upon which
shall be inscribed the international wheelchair
accessibility symbol and the word "DISABLED" in addition to
a combination of letters and numbers. Such license plates
shall be made with fully reflective material with a common
color scheme and design, shall be clearly vis ible at night,
and shall be aesthetically attractive, as prescribed by
section 301.130. If at any time an individual who obtained
disabled license plates issued under this subsection no
longer occupies a residence with a physically disabled
person, or no longer owns a vehicle that is operated at
least fifty percent of the time by a physically disabled
person, such individual shall surrender the disabled license
plates to the department within thirty days of becoming
ineligible for their use.
8. The director shall further issue, upon request, to
such applicant one, and for good cause shown, as the
director may define by rule and regulations, not more than
two, removable disabled windshield hanging placards for use
when the disabled person is occupying a vehicle or when a
vehicle not bearing the permanent handicap plate is being
used to pick up, deliver, or collect the physically disabled
person issued the disabled motor vehicle license plate or
disabled windshield hanging placard.
9. No additional fee shall be paid to the director for
the issuance of the special license plates provided in this
section, except for special personalized license plates and
other license plates described in this subsection. Priority
for any specific set of special license plates shall be
given to the applicant who received the number in the
immediately preceding license period subject to the
applicant's compliance with the provisions of this section
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and any applicable rules or regulations issued by the
director. If determined feasible by the advisory committee
established in section 301.129, any special license plate
issued pursuant to this section may be adapted to also
include the international wheelchair accessibility symbol
and the word "DISABLED" as prescribed in this section and
such plate may be issued to any applicant who meets the
requirements of this section and the other appropriate
provision of this chapter, subject to the requirements and
fees of the appropriate provision of this chapter.
10. Any physically disabled person, or the parent or
guardian of any such person, or any not -for-profit group,
organization, or other entity which transports more than one
physically disabled person, may apply to the director of
revenue for a removable windshield placard. The placard may
be used in motor vehicles which do not bear the permanent
handicap symbol on the license plate. Such placards must be
hung from the front, middle rearview mirror of a parked
motor vehicle and may not be hung from the mirror during
operation. These placards may only be used during the
period of time when the vehicle is being used by a disabled
person, or when the vehicle is being used to pick up,
deliver, or collect a disabled person, and s hall be
surrendered to the department, within thirty days, if a
group, organization, or entity that obtained the removable
windshield placard due to the transportation of more than
one physically disabled person no longer transports more
than one disabled person. When there is no rearview mirror,
the placard shall be displayed on the dashboard on the
driver's side.
11. The removable windshield placard shall conform to
the specifications, in respect to size, color, and content,
as set forth in federal regulations published by the
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Department of Transportation. The removable windshield
placard shall be renewed every [four] eight years. The
director shall have the authority to automatically extend
the expiration date of current valid windsh ield placards,
other than temporary windshield placards, to a duration of
eight years until all windshield placards other than
temporary windshield placards are on an eight year renewal
cycle. The director may stagger the expiration dates to
equalize workload. Only one removable placard may be issued
to an applicant who has been issued disabled person license
plates. Upon request, one additional windshield placard may
be issued to an applicant who has not been issued disabled
person license plates.
12. A temporary windshield placard shall be issued to
any physically disabled person, or the parent or guardian of
any such person who otherwise qualifies except that the
physical disability, in the opinion of the physician, is not
expected to exceed a period of one hundred eighty days. The
temporary windshield placard shall conform to the
specifications, in respect to size, color, and content, as
set forth in federal regulations published by the Department
of Transportation. The fee for the temporary windshield
placard shall be two dollars. Upon request, and for good
cause shown, one additional temporary windshield placard may
be issued to an applicant. Temporary windshield placards
shall be issued upon presentation of the physicia n's
statement provided by this section and shall be displayed in
the same manner as removable windshield placards. A person
or entity shall be qualified to possess and display a
temporary removable windshield placard for six months and
the placard may be renewed once for an additional six months
if a physician's statement pursuant to this section is
supplied to the director of revenue at the time of renewal.
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13. [Application for license plates or windshield
placards issued pursuant to this se ction shall be made to
the director of revenue and shall be accompanied by a
statement signed by a licensed physician or other authorized
health care practitioner which certifies that the applicant,
user, or member of the applicant's household is a phy sically
disabled person as defined by this section.
14. The] A windshield placard shall be renewable only
by the person or entity to which the placard was originally
issued. Any placard issued pursuant to this section shall
only be used when the physically disabled occupant for whom
the disabled plate or placard was issued is in the motor
vehicle at the time of parking or when a physically disabled
person is being delivered or collected. A disabled license
plate and/or a removable windshield hanging placard are not
transferable and may not be used by any other person whether
disabled or not.
[15.] 14. At the time the disabled plates or
windshield hanging placards are issued, the director shall
issue a registration certificate which shall include the
applicant's name, address, and other identifying information
as prescribed by the director, or if issued to an agency,
such agency's name and address. This certificate shall
further contain the disabled license plate number or, for
windshield hanging placards, the registration or identifying
number stamped on the placard. The validated registration
receipt given to the applicant shall serve as the
registration certificate.
[16.] 15. The director shall, upon issuing any
disabled registration certificate for license plates and/or
windshield hanging placards, provide information which
explains that such plates or windshield hanging placards are
nontransferable, and the restrictions explaining who and
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when a person or vehic le which bears or has the disabled
plates or windshield hanging placards may be used or be
parked in a disabled reserved parking space, and the
penalties prescribed for violations of the provisions of
this act.
[17.] 16. (1) Except as otherwise provided in this
subsection, every [new] applicant for issuance or renewal of
a disabled license plate or placard shall be required to
present a new physician's statement dated no more than
ninety days prior to such application. [Renewal applicants
will be required to submit a physician's statement dated no
more than ninety days prior to such application upon their
first renewal occurring on or after August 1, 2005. Upon
completing subsequent renewal applications, a physician's
statement dated no more than ninety days prior to such
application shall be required every eighth year. Such
physician's statement shall state the expiration date for
the temporary windshield placard. If the physician fails to
record an expiration date on the physicia n's statement, the
director shall issue the temporary windshield placard for a
period of thirty days. The director may stagger the
requirement of a physician's statement on all renewals for
the initial implementation of an eight -year period.]
(2) Notwithstanding any provision of law to the
contrary, if the applicant has presented proof of disability
in the form of a statement from the United States Veterans'
Administration verifying that the person is permanently
disabled, the applicant shall not be required to provide a
physician's statement for the purpose of issuance or renewal
of disabled persons license plates or windshield placards.
(3) Notwithstanding the provisions of paragraph (f) of
subdivision (4) of subsection 1 of this se ction, any person
seventy-five years of age or older who provided a
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physician's statement with the original application shall
not be required to provide a physician's statement for the
purpose of renewal of disabled persons license plates or
windshield placards.
[18.] 17. The director of revenue upon receiving a
physician's statement pursuant to this subsection shall
check with the state board of registration for the healing
arts created in section 334.120, or the Missouri state board
of nursing established in section 335.021, with respect to
physician's statements signed by advanced practice
registered nurses, or the Missouri state board of
chiropractic examiners established in section 331.090, with
respect to physician's statements signe d by licensed
chiropractors, or with the board of optometry established in
section 336.130, with respect to physician's statements
signed by licensed optometrists, or the state board of
podiatric medicine created in section 330.100, with respect
to physician's statements signed by physicians of the foot
or podiatrists to determine whether the physician is duly
licensed and registered pursuant to law. [If such applicant
obtaining a disabled license plate or placard presents proof
of disability in the form of a statement from the United
States Veterans' Administration verifying that the person is
permanently disabled, the applicant shall be exempt from the
eight-year certification requirement of this subsection for
renewal of the plate or placard . Initial applications shall
be accompanied by the physician's statement required by this
section. Notwithstanding the provisions of paragraph (f) of
subdivision (4) of subsection 1 of this section, any person
seventy-five years of age or older who p rovided the
physician's statement with the original application shall
not be required to provide a physician's statement for the
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purpose of renewal of disabled persons license plates or
windshield placards.
19.] 18. The boards shall cooperate wit h the director
and shall supply information requested pursuant to this
subsection. The director shall, in cooperation with the
boards which shall assist the director, establish a list of
all Missouri physicians and other authorized health care
practitioners and of any other information necessary to
administer this section.
[20.] 19. Where the owner's application is based on
the fact that the vehicle is used at least fifty percent of
the time by a physically disabled person, the applicant
shall submit a statement stating this fact, in addition to
the physician's statement. The statement shall be signed by
both the owner of the vehicle and the physically disabled
person. The applicant shall be required to submit this
statement with each a pplication for license plates. No
person shall willingly or knowingly submit a false statement
and any such false statement shall be considered perjury and
may be punishable pursuant to section 301.420.
[21.] 20. The director of revenue shall ret ain all
physicians' statements and all other documents received in
connection with a person's application for disabled license
plates and/or disabled windshield placards.
[22.] 21. The director of revenue shall enter into
reciprocity agreements with other states or the federal
government for the purpose of recognizing disabled person
license plates or windshield placards issued to physically
disabled persons.
[23.] 22. When a person to whom disabled person
license plates or a removable o r temporary windshield
placard or both have been issued dies, the personal
representative of the decedent or such other person who may
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come into or otherwise take possession of the disabled
license plates or disabled windshield placard shall return
the same to the director of revenue under penalty of law.
Failure to return such plates or placards shall constitute a
class B misdemeanor.
[24.] 23. The director of revenue may order any person
issued disabled person license plates or windshield p lacards
to submit to an examination by a chiropractor, osteopath, or
physician, or to such other investigation as will determine
whether such person qualifies for the special plates or
placards.
[25.] 24. If such person refuses to submit or is fo und
to no longer qualify for special plates or placards provided
for in this section, the director of revenue shall collect
the special plates or placards, and shall furnish license
plates to replace the ones collected as provided by this
chapter.
[26.] 25. In the event a removable or temporary
windshield placard is lost, stolen, or mutilated, the lawful
holder thereof shall, within five days, file with the
director of revenue an application and an affidavit stating
such fact, in order to pur chase a new placard. The fee for
the replacement windshield placard shall be four dollars.
[27.] 26. Fraudulent application, renewal, issuance,
procurement or use of disabled person license plates or
windshield placards shall be a class A misdeme anor. It is a
class B misdemeanor for a physician, chiropractor,
podiatrist or optometrist to certify that an individual or
family member is qualified for a license plate or windshield
placard based on a disability, the diagnosis of which is
outside their scope of practice or if there is no basis for
the diagnosis.
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301.3030. 1. Notwithstanding any provision of law to
the contrary, no special license plates involving military
actions or personnel shall require a special fee for
issuance or personalization of one set of such plates issued
to each qualified applicant. Additional sets of special
license plates issued to the qualified applicant may be
subject to fees for special license plate issuance or
personalization as otherwi se required by law.
2. Any special license plates involving military
actions or personnel that are authorized after August 28,
2006, shall not limit the number of license plates any
person qualified for such special license plate may obtain
so long as each set of license plates issued is issued for
vehicles owned solely or jointly by the qualified applicant.
301.3180. 1. Any person who has been awarded the
military service award known as the "Army of Occupation
Medal" may apply for Army of Occupation Medal motor vehicle
license plates for any motor vehicle such person owns,
either solely or jointly, other than an apportioned motor
vehicle or a commercial motor vehicle licensed in excess of
twenty-four thousand pounds gross weight.
2. Any such person shall make application for the Army
of Occupation Medal license plates on a form provided by the
director of revenue and furnish such proof as a recipient of
the Army of Occupation Medal as the director may require.
The director shall then issue license plates bearing letters
or numbers or a combination thereof as determined by the
director with the words "ARMY OF OCCUPATION MEDAL" in place
of the words "SHOW-ME STATE". Such license plates shall be
made with fully reflective material with a common color
scheme and design, shall be clearly visible at night, and
shall be aesthetically attractive, as prescribed by section
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301.130. Such plates shall also bear an image of the Army
of Occupation Medal.
3. There shall be a fifteen dollar fee in addition to
the regular registration fees charged for each set of Army
of Occupation Medal license plates issued pursuant to this
section. A fee for the issuance of personalized license
plates pursuant to section 301. 144 shall not be required for
plates issued pursuant to this section. There shall be no
limit on the number of license plates any person qualified
pursuant to this section may obtain so long as each set of
license plates issued pursuant to this sectio n is issued for
vehicles owned solely or jointly by such person. License
plates issued pursuant to the provisions of this section
shall not be transferable to any other person except that
any registered co-owner of the motor vehicle shall be
entitled to operate the motor vehicle with such plates for
the duration of the year licensed in the event of the death
of the qualified person.