HCS HB 976 -- DISABLED LICENSE PLATES AND PLACARDS

SPONSOR:  Crawford (Schlottach)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 20 to 0.

This substitute:

(1)  Changes the fraudulent procurement or use of a disabled
license plate or placard from a class C misdemeanor to a class B
misdemeanor;

(2)  Changes the penalty for certifying an individual for a
disabled plate or placard outside the practitioner's scope from a
class C misdemeanor to a class B misdemeanor and requires
certification to meet certain standards;

(3)  Allows other health care practitioners (chiropractors,
podiatrists, and optometrists) to certify individuals for
disabled license plates or placards;

(4)  Excludes age as a factor in determining whether a person is
entitled to a disabled license plate or placard;

(5)  Establishes record maintenance requirements for physicians
and health care practitioners who issue a physician's statement
for a disabled license plate or placard.  These records must be
open to inspection and review by the practitioner's licensing
board to verify compliance;

(6)  Requires a physician's statement to be on a form prescribed
by the Director of the Department of Revenue, state the specific
diagnosis which renders the person physically disabled, include
the physician's license number, and be signed by the physician or
health care practitioner;

(7)  Limits to two the number of removable windshield handicap
placards that may be issued by the director to any one person;

(8)  Increases the fee for removable windshield handicap placards
from $2 to $4;

(9)  Limits the use of the placard to when the person is in the
motor vehicle at the time of parking or when the person is being
delivered;

(10)  Requires, beginning August 1, 2005, every applicant or
renewal for a disabled license plate or placard to present a new
physician's statement dated no more than 90 days prior to the
application.  Thereafter, the director must not renew pre-
existing disabled plates or placards unless the applicant
furnishes a new physician's statement every four years; and

(11)  Makes any person who cannot produce the certificate which
authorizes him or her to park in a disabled parking space guilty
of a class A misdemeanor.  If a person can later produce a valid
certificate in court, the person will not be found guilty.
Placards can only be used when the vehicle is parked in a
disabled parking space.

The substitute becomes effective January 1, 2005.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say the bill is needed to help strengthen
the application process and to help stop violators.

Testifying for the bill were Representative Schlottach; Daniel
Card II; Mike Griffin; Wayne Lee; Missouri State Medical
Association; Paraquad, Incorporated; and Marcia Luebbert.

OPPONENTS:  Those who oppose the bill say that physicians should
not be criminalized and believe that a class C misdemeanor is a
strong enough deterrent.  The office record-keeping requirement
should be eliminated.  There are not enough law enforcement
officers and prosecutors to enforce the additional requirements
of the bill.

Testifying against the bill was Representative Holand.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am