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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legi slature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 1070 By: Newhouse, Stephens, and
Garvin of the Senate
and
Hilbert of the House
COMMITTEE SUBSTITUTE
An Act relating to motor vehicle disability placard ;
amending 47 O.S. 2021, Se ction 15-112, as amended by
Section 98, Chapter 282, O.S.L. 2022 (47 O.S. S upp.
2022, Section 15-112), which relates to the physical
disability temporary placard; mod ifying certain
definition; requiring Service Oklahoma to issue
certain temporary placards; requiring certain
expiration; requiring a certain fee; updating
statutory language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 15 -112, as
amended by Section 98, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 20 22,
Section 15-112), is amended to read as follows:
Section 15-112. A. As used in this section:
1. “Physician” means any person holding a valid license to
practice medicine and surgery, osteopathic medicine, chiropractic,
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podiatric medicine, or optometry, pursuant to the state licensing
provisions of Title 59 of the Oklahoma Statutes;
2. “Physician assistant” means any person holding a valid
license as a physician assistant, pursuant to the state licensing
provisions of the Physician Assistant Act;
3. “Advanced registered nurse practitioner” “Advanced Practice
Registered Nurse” means any person who holds a current license as a
registered nurse and a current certificate of recognition for
practice as an Advanced Registered Nurse Practitioner Practice
Registered Nurse as set forth in the Oklahoma Nursing Practice Act
pursuant to the state licensing provisions contained in paragraph 5
of Section 567.3a of Title 59 of the Oklahoma Statutes; and
4. “Physical disability” means an illness, disease, injury or
condition by reason of which a person:
a. cannot walk two hundred (200) feet without stopping to
rest,
b. cannot walk without the use of or assistance from a
brace, cane, crutch, another person, prosthetic
device, wheelchair or other assistance device,
c. is restricted to such an extent that the person’s
forced (respiratory) expiratory volume for one (1)
second, when measured by spirometry, is less than one
(1) liter, or the arterial oxygen tension is less than
sixty (60) mm/hg on room air at rest,
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d. must use portable oxygen,
e. has functional limitations which are classified in
severity as Class III or Class IV according to
standards set by the American Heart Association,
f. is severely limited in the person’s ability to walk
due to an arthritic, neurological or orthopedic
condition, or from complications due to pregnan cy,
g. is certified legally blind, or is missing one or more
limbs, or
h. is up to six (6) months postpartum.
B. Service Oklahoma shall issue a detachable placard indicating
physical disability to any person who submits an application on a
form furnished by Service Oklahoma and certified by a physician,
physician assistant, or advanced registered nurs e practitioner
Advanced Practice Registered Nurse attesting that the applicant has
a physical disability. The attestation of the physician, physician
assistant, or advanced registered nurse practitioner Advanced
Practice Registered Nurse shall denote “temporary” as the type of
placard requested and shall indicate an expiration date wh ich the
physician, physician assistant, or advanced registered nurse
practitioner Advanced Practice Registered Nurse estimates to be the
date of termination of such physical disability; however, if the
physician, physician assistant, or advanced registered nurse
practitioner Advanced Practice Registered Nurse certifies that the
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physical disability is permanent, the physician, physician
assistant, or advanced registered nurse practitioner Advanced
Practice Registered Nurse shall denote “five-year” as the type of
placard requested.
C. Any placard issued by Service Oklahoma shall remain valid
until:
1. The placard expires;
2. The person to whom the placard was issued requests a
replacement placard; or
3. The placard is no longer needed by the person to whom the
placard was issued for the disability for which the placard was
originally issued, whereupon such placard shall be returned to
Service Oklahoma.
D. 1. A five-year placard shall expire five (5) years from the
last day of the month in which the placard was issued. Upon the
expiration of a five-year placard, the person to whom such placard
was issued may obtain a subsequent placard by reapplying to Service
Oklahoma, in the same manner as provided in subsection B of this
section.
2. A temporary placard shall indicate the expiration date which
the physician, physician assistant, or advanced registered nurse
practitioner Advanced Practice Registered Nurse certifying the
physical disability estimates to be the date of termination of such
physical disability, which shall not be later than six (6) months
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from the date of issuance and upon which date such placard shall
expire and shall be returned to Service Oklahoma; provided, however,
nothing in this paragraph shall be construed to prevent the holder
from applying for another placard, as provided for in this section.
3. In the event that a placard is lost or destroyed, the person
to whom such placard was issued may apply in writing to Service
Oklahoma for a replacement placard, which Service Oklahoma shall
issue with the same expiration date as the original placard.
4. On and after January 1, 1998, all placards iss ued prior to
October 31, 1990, shall expire on the last day of the month in which
the placard was issued, and the person to whom such placard was
issued may follow the procedure provided for in subsection B of this
section to obtain a second or subsequent placard.
5. On and after January 1, 2000, all placards issued between
November 1, 1990, and June 30, 1995, shall expire on the last day of
the birth month of the person to whom the placard was issued, and
the person to whom such placard was issued may fo llow the procedure
provided for in subsection B of this section to obtain a second or
subsequent placard.
E. A physician, physician assistant, or advanced registered
nurse practitioner Advanced Practice Registered Nurse may sign an
application certifying that a person has a physical disab ility, as
provided in subsection B of this section, only if care and treatment
of the illness, disease, injury or condition causing the physical
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disability of such person falls within the authorized scope of
practice of the physician or physician assistant , or advanced
registered nurse practitioner Advanced Practice Registered Nurse.
F. Service Oklahoma shall have the power to formulate, adopt
and promulgate rules as may be necessary to implement and administer
the provisions of this section, including, but not limited to,
prescribing the manner in which the placard is to be displayed on a
motor vehicle.
G. Nothing in this section shall prohibit the issuance of a
temporary placard to a pregnant woman whose condition, as determined
by a physician, physician assistant, or advanced registered nurse
practitioner Advanced Practice Registered Nurse, meets one or more
of the categories described in paragraph 4 of subsection A of this
section.
H. Service Oklahoma shall issue a yellow temporary placard to
any woman who has given birth within the past six (6) months
provided the person requesting the temporary placard subm its a birth
certificate or record of birth for the child and a valid Oklahoma
driver license, a valid Oklahoma i dentification card, or other proof
of principal residenc y in the state, as prescribed by rules
promulgated by Service Oklahoma, for the mother. The temporary
placard for the mother shall expire six (6) months after the date of
birth listed on the submitte d birth certificate or re cord of birth.
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Service Oklahoma shall require a minimal fee for the temporary
placard and Service Oklahoma may adjust the fee on an annual basis.
SECTION 2. This act shall become ef fective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/05/2023 -
DO PASS, As Amended and Coauthored.