HCS SCS SB 1144, 919 & 874 -- OPERATION OF MOTOR VEHICLES

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 revises the procedures relating to obtaining an
instruction permit, operator's or non-operator's license,
disabled license plates and placards, and the use of designated
disabled parking spaces.  The 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;

(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;

(12)  Prohibits the director from issuing a license without a
facial photograph or digital image except for religious
affiliations; and

(13)  Makes any person who commits or assists another person in
committing fraud or deception during any examination process or
who knowingly conceals a material fact or provides information
which contains or is substantiated with false or fraudulent
information or documentation, or otherwise commits a fraud in an
application for an instruction permit, driver's license,
nondriver's license, or commercial driver's license or permit
guilty of a class A misdemeanor.  Any person who pleads guilty or
nolo contendere to, or is found guilty of this violation will not
be licensed to operate a motor vehicle or commercial motor
vehicle for one year after a plea, finding, or conviction.  Any
person who pleads guilty or nolo contendere to, or found guilty
of the violation will have their existing motor vehicle or
commercial motor vehicle license revoked and lose their driving
privileges for one year.

The substitute will become effective January 1, 2005, for the
provisions relating to disabled license plates, placards, and
parking spaces.

The substitute contains an emergency clause on the provision
relating to falsifying any information in the driver's license
process.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2005, FY
2006, and FY 2007.  Estimated Cost on Other State Funds of
$73,504 in FY 2005, $25,919 in FY 2006, and $25,919 in FY 2007.

PROPONENTS:  Supporters say the bill is needed to help strengthen
the motor vehicle licensing 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; Marcia Luebbert; Paraquad, Incorporated; and State
Highway Patrol.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am