1 | 1 | | |
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2 | 2 | | FIRST REGULAR SESSION |
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3 | 3 | | SENATE BILL NO. 616 |
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4 | 4 | | 103RD GENERAL ASSEMBLY |
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5 | 5 | | INTRODUCED BY SENATOR WEBBER. |
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6 | 6 | | 2363S.01I KRISTINA MARTIN, Secretary |
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7 | 7 | | AN ACT |
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8 | 8 | | To repeal section 301.142, RSMo, and to enact in lieu thereof one new section relating to disabled |
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9 | 9 | | license plates and placards, with penalty provisions. |
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10 | 10 | | |
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11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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12 | 12 | | Section A. Section 301.142, RSMo, is repealed and one new 1 |
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13 | 13 | | section enacted in lieu thereof, to be known as section 301.142, 2 |
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14 | 14 | | to read as follows:3 |
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15 | 15 | | 301.142. 1. As used in sections 301.141 to 301.143, 1 |
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16 | 16 | | the following terms mean: 2 |
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17 | 17 | | (1) "Department", the depart ment of revenue; 3 |
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18 | 18 | | (2) "Director", the director of the department of 4 |
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19 | 19 | | revenue; 5 |
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20 | 20 | | (3) "Other authorized health care practitioner" 6 |
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21 | 21 | | includes advanced practice registered nurses licensed 7 |
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22 | 22 | | pursuant to chapter 335, physician assistants licensed 8 |
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23 | 23 | | pursuant to chapter 334, chiropractors licensed pursuant to 9 |
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24 | 24 | | chapter 331, podiatrists licensed pursuant to chapter 330, 10 |
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25 | 25 | | assistant physicians, physical therapists licensed pursuant 11 |
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26 | 26 | | to chapter 334, occupational therapists licensed pursuant to 12 |
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27 | 27 | | chapter 324, and optometrists licensed pursuant to chapter 13 |
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28 | 28 | | 336; 14 |
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29 | 29 | | (4) "Physically disabled", a natural person who is 15 |
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30 | 30 | | blind, as defined in section 8.700, or a natural person with 16 |
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31 | 31 | | medical disabilities which prohibits, limits, or severely 17 |
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32 | 32 | | impairs one's ability to ambula te or walk, as determined by 18 SB 616 2 |
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33 | 33 | | a licensed physician or other authorized health care 19 |
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34 | 34 | | practitioner as follows: 20 |
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35 | 35 | | (a) The person cannot ambulate or walk fifty or less 21 |
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36 | 36 | | feet without stopping to rest due to a severe and disabling 22 |
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37 | 37 | | arthritic, neurological, o rthopedic condition, or other 23 |
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38 | 38 | | severe and disabling condition; or 24 |
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39 | 39 | | (b) The person cannot ambulate or walk without the use 25 |
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40 | 40 | | of, or assistance from, a brace, cane, crutch, another 26 |
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41 | 41 | | person, prosthetic device, wheelchair, or other assistive 27 |
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42 | 42 | | device; or 28 |
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43 | 43 | | (c) Is restricted by a respiratory or other disease to 29 |
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44 | 44 | | such an extent that the person's forced respiratory 30 |
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45 | 45 | | expiratory volume for one second, when measured by 31 |
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46 | 46 | | spirometry, is less than one liter, or the arterial oxygen 32 |
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47 | 47 | | tension is less than sixty mm/h g on room air at rest; or 33 |
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48 | 48 | | (d) Uses portable oxygen; or 34 |
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49 | 49 | | (e) Has a cardiac condition to the extent that the 35 |
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50 | 50 | | person's functional limitations are classified in severity 36 |
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51 | 51 | | as class III or class IV according to standards set by the 37 |
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52 | 52 | | American Heart Association; or 38 |
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53 | 53 | | (f) Except as otherwise provided in subdivision (3) of 39 |
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54 | 54 | | subsection 16 of this section, a person's age, in and of 40 |
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55 | 55 | | itself, shall not be a factor in determining whether such 41 |
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56 | 56 | | person is physically disabled or is otherwise entitled to 42 |
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57 | 57 | | disabled license plates and/or disabled windshield hanging 43 |
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58 | 58 | | placards within the meaning of sections 301.141 to 301.143; 44 |
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59 | 59 | | (5) "Physician", a person licensed to practice 45 |
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60 | 60 | | medicine pursuant to chapter 334; 46 |
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61 | 61 | | (6) "Physician's statement", a statement perso nally 47 |
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62 | 62 | | signed by a duly authorized person which certifies that a 48 |
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63 | 63 | | person is disabled as defined in this section; 49 SB 616 3 |
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64 | 64 | | (7) "Temporarily disabled person", a disabled person 50 |
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65 | 65 | | as defined in this section whose disability or incapacity is 51 |
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66 | 66 | | expected to last no m ore than one hundred eighty days; 52 |
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67 | 67 | | (8) "Temporary windshield placard", a placard to be 53 |
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68 | 68 | | issued to persons who are temporarily disabled persons as 54 |
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69 | 69 | | defined in this section, certification of which shall be 55 |
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70 | 70 | | indicated on the physician's statement; 56 |
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71 | 71 | | (9) "Windshield placard", a placard to be issued to 57 |
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72 | 72 | | persons who are physically disabled as defined in this 58 |
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73 | 73 | | section, certification of which shall be indicated on the 59 |
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74 | 74 | | physician's statement. 60 |
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75 | 75 | | 2. Other authorized health care practitioners may 61 |
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76 | 76 | | furnish to a disabled or temporarily disabled person a 62 |
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77 | 77 | | physician's statement for only those physical health care 63 |
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78 | 78 | | conditions for which such health care practitioner is 64 |
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79 | 79 | | legally authorized to diagnose and treat. 65 |
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80 | 80 | | 3. A physician's statement shall: 66 |
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81 | 81 | | (1) Be on a form prescribed by the director of revenue; 67 |
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82 | 82 | | (2) Set forth the specific diagnosis and medical 68 |
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83 | 83 | | condition which renders the person physically disabled or 69 |
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84 | 84 | | temporarily disabled as defined in this section; 70 |
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85 | 85 | | (3) Include the physician's or other authorized health 71 |
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86 | 86 | | care practitioner's license number; and 72 |
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87 | 87 | | (4) Be personally signed by the issuing physician or 73 |
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88 | 88 | | other authorized health care practitioner. 74 |
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89 | 89 | | 4. If it is the professional opinion of the physician 75 |
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90 | 90 | | or other authorized health care practitioner issuing the 76 |
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91 | 91 | | statement that the physical disability of the applicant, 77 |
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92 | 92 | | user, or member of the applicant's household is permanent, 78 |
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93 | 93 | | it shall be noted on the statement. Otherwise, the 79 |
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94 | 94 | | physician or other authorized health care practitioner shal l 80 |
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95 | 95 | | note on the statement the anticipated length of the 81 SB 616 4 |
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96 | 96 | | disability, which shall determine the expiration date for 82 |
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97 | 97 | | the temporary windshield placard, and which period shall not 83 |
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98 | 98 | | exceed one hundred eighty days. If the physician or health 84 |
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99 | 99 | | care practitioner fails to record an expiration date on the 85 |
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100 | 100 | | physician's statement, the director shall issue a temporary 86 |
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101 | 101 | | windshield placard for a period of thirty days. 87 |
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102 | 102 | | 5. A physician or other authorized health care 88 |
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103 | 103 | | practitioner who issues or signs a physician's sta tement so 89 |
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104 | 104 | | that disabled plates or a disabled windshield placard may be 90 |
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105 | 105 | | obtained shall maintain in such disabled person's medical 91 |
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106 | 106 | | chart documentation that such a certificate has been issued, 92 |
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107 | 107 | | the date the statement was signed, the diagnosis or 93 |
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108 | 108 | | condition which existed that qualified the person as 94 |
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109 | 109 | | disabled pursuant to this section and shall contain 95 |
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110 | 110 | | sufficient documentation so as to objectively confirm that 96 |
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111 | 111 | | such condition exists. 97 |
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112 | 112 | | 6. The medical or other records of the physician or 98 |
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113 | 113 | | other authorized health care practitioner who issued a 99 |
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114 | 114 | | physician's statement shall be open to inspection and review 100 |
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115 | 115 | | by such practitioner's licensing board, in order to verify 101 |
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116 | 116 | | compliance with this section. Information contained within 102 |
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117 | 117 | | such records shall be confidentia l unless required for 103 |
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118 | 118 | | prosecution, disciplinary purposes, or otherwise required to 104 |
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119 | 119 | | be disclosed by law. 105 |
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120 | 120 | | 7. Owners of motor vehicles who are residents of the 106 |
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121 | 121 | | state of Missouri, and who are physically disabled, owners 107 |
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122 | 122 | | of motor vehicles operated at least fifty percent of the 108 |
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123 | 123 | | time by a physically disabled person, or owners of motor 109 |
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124 | 124 | | vehicles used to primarily transport physically disabled 110 |
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125 | 125 | | members of the owner's household may obtain disabled person 111 |
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126 | 126 | | license plates. Such owners, upon application to t he 112 |
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127 | 127 | | director accompanied by the documents and fees provided for 113 SB 616 5 |
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128 | 128 | | in this section, a current physician's statement which has 114 |
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129 | 129 | | been issued within ninety days proceeding the date the 115 |
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130 | 130 | | application is made, and proof of compliance with the state 116 |
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131 | 131 | | motor vehicle laws relating to registration and licensing of 117 |
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132 | 132 | | motor vehicles, shall be issued motor vehicle license plates 118 |
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133 | 133 | | for vehicles, other than commercial vehicles with a gross 119 |
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134 | 134 | | weight in excess of twenty -four thousand pounds, upon which 120 |
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135 | 135 | | shall be inscribed the int ernational wheelchair 121 |
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136 | 136 | | accessibility symbol and the word "DISABLED" in addition to 122 |
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137 | 137 | | a combination of letters and numbers. Such license plates 123 |
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138 | 138 | | shall be made with fully reflective material with a common 124 |
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139 | 139 | | color scheme and design, shall be clearly visible at night, 125 |
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140 | 140 | | and shall be aesthetically attractive, as prescribed by 126 |
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141 | 141 | | section 301.130. If at any time an individual who obtained 127 |
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142 | 142 | | disabled license plates issued under this subsection no 128 |
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143 | 143 | | longer occupies a residence with a physically disabled 129 |
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144 | 144 | | person, or no longer owns a vehicle that is operated at 130 |
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145 | 145 | | least fifty percent of the time by a physically disabled 131 |
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146 | 146 | | person, such individual shall surrender the disabled license 132 |
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147 | 147 | | plates to the department within thirty days of becoming 133 |
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148 | 148 | | ineligible for their use. 134 |
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149 | 149 | | 8. The director shall further issue, upon request, to 135 |
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150 | 150 | | such applicant one, and for good cause shown, as the 136 |
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151 | 151 | | director may define by rule and regulations, not more than 137 |
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152 | 152 | | two, removable disabled windshield hanging placards for use 138 |
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153 | 153 | | when the disabled person is occu pying a vehicle or when a 139 |
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154 | 154 | | vehicle not bearing the permanent handicap plate is being 140 |
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155 | 155 | | used to pick up, deliver, or collect the physically disabled 141 |
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156 | 156 | | person issued the disabled motor vehicle license plate or 142 |
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157 | 157 | | disabled windshield hanging placard. 143 |
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158 | 158 | | 9. No additional fee shall be paid to the director for 144 |
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159 | 159 | | the issuance of the special license plates provided in this 145 SB 616 6 |
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160 | 160 | | section, except for special personalized license plates and 146 |
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161 | 161 | | other license plates described in this subsection. Priority 147 |
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162 | 162 | | for any specific set o f special license plates shall be 148 |
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163 | 163 | | given to the applicant who received the number in the 149 |
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164 | 164 | | immediately preceding license period subject to the 150 |
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165 | 165 | | applicant's compliance with the provisions of this section 151 |
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166 | 166 | | and any applicable rules or regulations issued by the 152 |
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167 | 167 | | director. If determined feasible by the advisory committee 153 |
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168 | 168 | | established in section 301.129, any special license plate 154 |
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169 | 169 | | issued pursuant to this section may be adapted to also 155 |
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170 | 170 | | include the international wheelchair accessibility symbol 156 |
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171 | 171 | | and the word "DISABLED" as prescribed in this section and 157 |
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172 | 172 | | such plate may be issued to any applicant who meets the 158 |
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173 | 173 | | requirements of this section and the other appropriate 159 |
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174 | 174 | | provision of this chapter, subject to the requirements and 160 |
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175 | 175 | | fees of the appropriate provision of this c hapter. 161 |
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176 | 176 | | 10. Any physically disabled person, or the parent or 162 |
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177 | 177 | | guardian of any such person, or any not -for-profit group, 163 |
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178 | 178 | | organization, or other entity which transports more than one 164 |
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179 | 179 | | physically disabled person, may apply to the director of 165 |
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180 | 180 | | revenue for a removable windshield placard. The placard may 166 |
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181 | 181 | | be used in motor vehicles which do not bear the permanent 167 |
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182 | 182 | | handicap symbol on the license plate. Such placards must be 168 |
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183 | 183 | | hung from the front, middle rearview mirror of a parked 169 |
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184 | 184 | | motor vehicle and may not be hung from the mirror during 170 |
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185 | 185 | | operation. These placards may only be used during the 171 |
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186 | 186 | | period of time when the vehicle is being used by a disabled 172 |
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187 | 187 | | person, or when the vehicle is being used to pick up, 173 |
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188 | 188 | | deliver, or collect a disabled person, and shall be 174 |
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189 | 189 | | surrendered to the department, within thirty days, if a 175 |
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190 | 190 | | group, organization, or entity that obtained the removable 176 |
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191 | 191 | | windshield placard due to the transportation of more than 177 SB 616 7 |
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192 | 192 | | one physically disabled person no longer transports more 178 |
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193 | 193 | | than one disabled pe rson. When there is no rearview mirror, 179 |
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194 | 194 | | the placard shall be displayed on the dashboard on the 180 |
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195 | 195 | | driver's side. 181 |
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196 | 196 | | 11. The removable windshield placard shall conform to 182 |
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197 | 197 | | the specifications, in respect to size, color, and content, 183 |
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198 | 198 | | as set forth in feder al regulations published by the 184 |
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199 | 199 | | Department of Transportation. The removable windshield 185 |
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200 | 200 | | placard shall be renewed every four years. The director may 186 |
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201 | 201 | | stagger the expiration dates to equalize workload. Only one 187 |
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202 | 202 | | removable placard may be issued to an appl icant who has been 188 |
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203 | 203 | | issued disabled person license plates. Upon request, one 189 |
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204 | 204 | | additional windshield placard may be issued to an applicant 190 |
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205 | 205 | | who has not been issued disabled person license plates. 191 |
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206 | 206 | | 12. A temporary windshield placard shall be issued to 192 |
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207 | 207 | | any physically disabled person, or the parent or guardian of 193 |
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208 | 208 | | any such person who otherwise qualifies except that the 194 |
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209 | 209 | | physical disability, in the opinion of the physician, is not 195 |
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210 | 210 | | expected to exceed a period of one hundred eighty days. The 196 |
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211 | 211 | | temporary windshield placard shall conform to the 197 |
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212 | 212 | | specifications, in respect to size, color, and content, as 198 |
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213 | 213 | | set forth in federal regulations published by the Department 199 |
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214 | 214 | | of Transportation. The fee for the temporary windshield 200 |
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215 | 215 | | placard shall be two dollars. Upon request, and for good 201 |
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216 | 216 | | cause shown, one additional temporary windshield placard may 202 |
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217 | 217 | | be issued to an applicant. Temporary windshield placards 203 |
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218 | 218 | | shall be issued upon presentation of the physician's 204 |
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219 | 219 | | statement provided by this section and shall be displayed i n 205 |
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220 | 220 | | the same manner as removable windshield placards. A person 206 |
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221 | 221 | | or entity shall be qualified to possess and display a 207 |
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222 | 222 | | temporary removable windshield placard for six months and 208 |
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223 | 223 | | the placard may be renewed once for an additional six months 209 SB 616 8 |
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224 | 224 | | if a physician's statement pursuant to this section is 210 |
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225 | 225 | | supplied to the director of revenue at the time of renewal. 211 |
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226 | 226 | | 13. A windshield placard shall be renewable only by 212 |
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227 | 227 | | the person or entity to which the placard was originally 213 |
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228 | 228 | | issued. Any placard issued pursuant to this section shall 214 |
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229 | 229 | | only be used when the physically disabled occupant for whom 215 |
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230 | 230 | | the disabled plate or placard was issued is in the motor 216 |
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231 | 231 | | vehicle at the time of parking or when a physically disabled 217 |
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232 | 232 | | person is being delivered or collected. A disabled license 218 |
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233 | 233 | | plate and/or a removable windshield hanging placard are not 219 |
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234 | 234 | | transferable and may not be used by any other person whether 220 |
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235 | 235 | | disabled or not. 221 |
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236 | 236 | | 14. At the time the disabled plates or windshield 222 |
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237 | 237 | | hanging placards are issued, the director shall issu e a 223 |
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238 | 238 | | registration certificate which shall include the applicant's 224 |
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239 | 239 | | name, address, and other identifying information as 225 |
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240 | 240 | | prescribed by the director, or if issued to an agency, such 226 |
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241 | 241 | | agency's name and address. This certificate shall further 227 |
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242 | 242 | | contain the disabled license plate number or, for windshield 228 |
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243 | 243 | | hanging placards, the registration or identifying number 229 |
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244 | 244 | | stamped on the placard. The validated registration receipt 230 |
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245 | 245 | | given to the applicant shall serve as the registration 231 |
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246 | 246 | | certificate. 232 |
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247 | 247 | | 15. The director shall, upon issuing any disabled 233 |
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248 | 248 | | registration certificate for license plates and/or 234 |
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249 | 249 | | windshield hanging placards, provide information which 235 |
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250 | 250 | | explains that such plates or windshield hanging placards are 236 |
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251 | 251 | | nontransferable, and the restrictions explaining w ho and 237 |
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252 | 252 | | when a person or vehicle which bears or has the disabled 238 |
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253 | 253 | | plates or windshield hanging placards may be used or be 239 |
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254 | 254 | | parked in a disabled reserved parking space, and the 240 SB 616 9 |
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255 | 255 | | penalties prescribed for violations of the provisions of 241 |
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256 | 256 | | this act. 242 |
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257 | 257 | | 16. (1) Except as otherwise provided in this 243 |
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258 | 258 | | subsection, every applicant for issuance of a disabled 244 |
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259 | 259 | | license plate or placard shall be required to present a new 245 |
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260 | 260 | | physician's statement dated no more than ninety days prior 246 |
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261 | 261 | | to such application, and for renewal applications a 247 |
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262 | 262 | | physician's statement dated no more than ninety days prior 248 |
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263 | 263 | | to such application shall be required every eighth year. 249 |
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264 | 264 | | (2) Notwithstanding any provision of law to the 250 |
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265 | 265 | | contrary, if the applicant has presented proof of disability 251 |
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266 | 266 | | in the form of a statement from the United States Department 252 |
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267 | 267 | | of Veterans Affairs verifying that the person is permanently 253 |
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268 | 268 | | disabled, the applicant shall not be required to provide a 254 |
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269 | 269 | | physician's statement for the purpose of issuance or renewal 255 |
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270 | 270 | | of disabled person license plates or windshield placards. 256 |
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271 | 271 | | (3) Notwithstanding the provisions of paragraph (f) of 257 |
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272 | 272 | | subdivision (4) of subsection 1 of this section, any person 258 |
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273 | 273 | | seventy-five years of age or older who provided a 259 |
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274 | 274 | | physician's statement with the original application shall 260 |
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275 | 275 | | not be required to provide a physician's statement for the 261 |
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276 | 276 | | purpose of renewal of disabled person license plates or 262 |
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277 | 277 | | windshield placards. 263 |
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278 | 278 | | 17. The director of revenue upon receiving a 264 |
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279 | 279 | | physician's statement pursuant to this subsect ion shall 265 |
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280 | 280 | | check with the state board of registration for the healing 266 |
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281 | 281 | | arts created in section 334.120, or the Missouri state board 267 |
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282 | 282 | | of nursing established in section 335.021, with respect to 268 |
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283 | 283 | | physician's statements signed by advanced practice 269 |
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284 | 284 | | registered nurses, or the Missouri state board of 270 |
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285 | 285 | | chiropractic examiners established in section 331.090, with 271 |
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286 | 286 | | respect to physician's statements signed by licensed 272 SB 616 10 |
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287 | 287 | | chiropractors, or with the board of optometry established in 273 |
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288 | 288 | | section 336.130, with respect to physic ian's statements 274 |
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289 | 289 | | signed by licensed optometrists, or the state board of 275 |
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290 | 290 | | podiatric medicine created in section 330.100, with respect 276 |
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291 | 291 | | to physician's statements signed by physicians of the foot 277 |
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292 | 292 | | or podiatrists to determine whether the physician is duly 278 |
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293 | 293 | | licensed and registered pursuant to law. 279 |
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294 | 294 | | 18. The boards shall cooperate with the director and 280 |
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295 | 295 | | shall supply information requested pursuant to this 281 |
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296 | 296 | | subsection. The director shall, in cooperation with the 282 |
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297 | 297 | | boards which shall assist the director, establ ish a list of 283 |
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298 | 298 | | all Missouri physicians and other authorized health care 284 |
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299 | 299 | | practitioners and of any other information necessary to 285 |
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300 | 300 | | administer this section. 286 |
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301 | 301 | | 19. Where the owner's application is based on the fact 287 |
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302 | 302 | | that the vehicle is used at least fifty percent of the time 288 |
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303 | 303 | | by a physically disabled person, the applicant shall submit 289 |
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304 | 304 | | a statement stating this fact, in addition to the 290 |
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305 | 305 | | physician's statement. The statement shall be signed by 291 |
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306 | 306 | | both the owner of the vehicle and the physically disabled 292 |
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307 | 307 | | person. The applicant shall be required to submit this 293 |
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308 | 308 | | statement with each application for license plates. No 294 |
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309 | 309 | | person shall willingly or knowingly submit a false statement 295 |
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310 | 310 | | and any such false statement shall be considered perjury and 296 |
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311 | 311 | | may be punishable pursu ant to section 301.420. 297 |
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312 | 312 | | 20. The director of revenue shall retain all 298 |
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313 | 313 | | physicians' statements and all other documents received in 299 |
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314 | 314 | | connection with a person's application for disabled license 300 |
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315 | 315 | | plates and/or disabled windshield placards. 301 |
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316 | 316 | | 21. The director of revenue shall enter into 302 |
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317 | 317 | | reciprocity agreements with other states or the federal 303 |
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318 | 318 | | government for the purpose of recognizing disabled person 304 SB 616 11 |
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319 | 319 | | license plates or windshield placards issued to physically 305 |
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320 | 320 | | disabled persons. 306 |
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321 | 321 | | 22. When a person to whom disabled person license 307 |
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322 | 322 | | plates or a removable or temporary windshield placard or 308 |
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323 | 323 | | both have been issued dies, the personal representative of 309 |
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324 | 324 | | the decedent or such other person who may come into or 310 |
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325 | 325 | | otherwise take possession of the disabled license plates or 311 |
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326 | 326 | | disabled windshield placard shall return the same to the 312 |
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327 | 327 | | director of revenue under penalty of law. Failure to return 313 |
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328 | 328 | | such plates or placards shall constitute a class B 314 |
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329 | 329 | | misdemeanor. 315 |
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330 | 330 | | 23. The director of revenue may order any person 316 |
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331 | 331 | | issued disabled person license plates or windshield placards 317 |
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332 | 332 | | to submit to an examination by a chiropractor, osteopath, or 318 |
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333 | 333 | | physician, or to such other investigation as will determine 319 |
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334 | 334 | | whether such person qualifies for the special plates or 320 |
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335 | 335 | | placards. 321 |
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336 | 336 | | 24. If such person refuses to submit or is found to no 322 |
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337 | 337 | | longer qualify for special plates or placards provided for 323 |
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338 | 338 | | in this section, the director of revenue shall collect the 324 |
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339 | 339 | | special plates or placards, and shall furnish license plates 325 |
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340 | 340 | | to replace the ones collected as provided by this chapter. 326 |
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341 | 341 | | 25. In the event a removable or temporary windshield 327 |
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342 | 342 | | placard is lost, stolen, or mutilated, the lawful holder 328 |
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343 | 343 | | thereof shall, within five days, file with the director of 329 |
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344 | 344 | | revenue an application and an affidavit stating such fact, 330 |
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345 | 345 | | in order to purchase a new placard. The fee for the 331 |
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346 | 346 | | replacement windshield placard shall be four dollars. 332 |
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347 | 347 | | 26. Fraudulent application, renewal, issuance, 333 |
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348 | 348 | | procurement or use of disabled person license plates or 334 |
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349 | 349 | | windshield placards shall be a class A misdemeanor. It is a 335 |
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350 | 350 | | class B misdemeanor for a physician, chiropractor, 336 SB 616 12 |
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351 | 351 | | podiatrist or optometrist to certify that an individual or 337 |
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352 | 352 | | family member is qualified for a license plate or windshield 338 |
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353 | 353 | | placard based on a disability, the d iagnosis of which is 339 |
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354 | 354 | | outside their scope of practice or if there is no basis for 340 |
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355 | 355 | | the diagnosis. 341 |
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356 | 356 | | |
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