HB 0598 (Truly Agreed) Revises disabled license plate law, emissions testing law, and creates numerous special license plates
Current Bill Summary
- Prepared by Senate Research -

SS/SCS/HB 598 - This act enacts various provisions relating to motor vehicle license plates and the registration of motor vehicles.

DISABLED LICENSE PLATES (SB 343) - This act revises the procedures relating to disabled license plates and placards and the use of designated disabled parking spaces.

Under this act, fraudulent procurement or use of a disabled license plate is a Class A misdemeanor. Under current law, it is a Class C misdemeanor.

Physicians or health care practitioners will be guilty of a Class A misdemeanor if they issue, sign, or furnish a physician's statement or certificate to enable a person to obtain disabled license plates or windshield placards for any person who does not meet established conditions required by law or if there is no basis for a diagnosis, or state a condition or diagnosis which is outside the scope of the provider's license. Under current law it is a Class C misdemeanor for a health care practitioner to certify an individual for a disabled plate or placard if the diagnosis is outside the practitioner's scope (Section 301.141).

This act allows other health care practitioners (chiropractors, podiatrists, and optometrists) to certify individuals for disabled license plates and placards (Section 301.142).

Under this act, age, in and of itself, shall not be a factor in determining whether a person is entitled to a disabled license plate (Section 301.142.1(f)).

This act provides that other authorized health care practitioners may furnish disabled persons a statement for only those health care conditions for which the practitioner is authorized to treat. The act establishes record maintenance requirements for physicians and health care practitioners who issue physician's statements.

Under this act, a physician's statement shall:

1. Be on a form prescribed by the Director of Revenue;

2. Set forth the specific diagnosis which renders the person physically disabled;

3. Include the physician's license number; and

4. Be signed by the physician or health care practitioner.

This act requires physicians issuing statements to maintain certain medical records and documentation relating to the issuance of the statements. These records shall be open to inspection and review by the physician's licensing board to verify compliance with the act.

No more than two removable windshield handicap placards may be issued by the Director of the Department of Revenue to any one person. The fee for removable windshield handicap placards is increased from $2 to $4 and must be renewed every two years (not every year). Placards shall be renewable only by the person to which the placard was originally issued. The placard shall only be used when the person is in the motor vehicle at the time of parking or when the person is being delivered.

The Director also will be required to issue a registration certificate identifying the name, address, and other identifying information as prescribed by the Director. The Director shall furnish the applicant with a notice which sets forth that plates or placards are non-transferable, what the restrictions of use are, and the penalties for violating this act.

Beginning July 1, 2004, every applicant for a disabled license plate or placard or for a renewal of such items shall be required to present a new physician's statement dated no more than 90 days prior to such application. Thereafter, the Director shall not renew pre-existing disabled plates unless the applicant furnishes the Director with a new physician's statement every four years.

Under this act, a person who cannot produce the certificate which authorizes him or her to park in a disabled parking space shall be guilty of an Class A misdemeanor. If a person can later produce a valid certificate in court, the person shall not be found guilty. Under this act, a placard shall only be used when the vehicle is parked in a disabled parking space.

ANTITERRORISM LICENSE PLATES (SB 4) - This act creates the "Antiterrorism Fund" within the state treasury. Contributions from the sale of "Fight Terrorism" license plates, and other moneys shall be deposited in this fund to fund antiterrorism activities. This act allows motorists to obtain "Fight Terrorism" license plates. Any person desiring to obtain such plates must make an annual contribution of $25 to the "Antiterrorism Fund".

AMATEUR RADIO PLATES (SB 89) - This act requires that amateur radio license plates contain the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". Previous plate owners making a new application and paying a new fee to retain an amateur radio plate may request a replacement plate with the words "AMATEUR RADIO" in place of the words "SHOW-ME-STATE". This act is substantially similar to HB 684 (2001).

PEACE OFFICER PLATES (SB 134) - This act allows peace officers wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a peace officer killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the insignia depicting a yellow rose superimposed over the outline of a badge and shall bear the words "TO PROTECT AND SERVE".

FIREFIGHTER PLATES (SB 171) - This act allows firefighters wounded in the line of duty, or surviving spouses, parents, brothers, sisters or children of a firefighter killed in the line of duty, to receive special license plates. The applicant shall pay $15 in addition to regular registration fees. The plate shall bear the words "FIREFIGHERS MEMORIAL".

U.S. VETERAN LICENSE PLATES (SB 240) - This act allows honorably discharged veterans to obtain "U.S. VET" motor vehicle license plates. To obtain these plates, the individual will pay $15 in addition to regular registration fees. This act also removes the requirement from the U.S. VET motorcycle plate provision that the person must have served during a period of war.

FOXTROTTING LICENSE PLATE (SB 261) - This act allows members of the Missouri Foxtrotting Horse Breed Association to obtain specialized license plates. After making a $25 contribution to the association, the member may obtain the specialized license plate by paying $15 in addition to regular registration fees. The act allows members of the Missouri Foxtrotting Horse Breed Association to personalize the specialized license plates without a fee. The plate shall bear the words "FOXTROTTER - STATE HORSE". This part of the act is identical to HB 170 (2003).

SILVER STAR PLATES (SB 331) - This act allows any qualified applicant for the "SILVER STAR" license plate to obtain two sets of plates. Currently, only one set of plates is allowed. This act also provides that apportioned motor vehicles or commercial motor vehicles in excess of 18,000 pounds are not eligible for the special license plate. This part of the act is identical to HB 75 (2003).

DAUGHTERS OF THE AMERICAN REVOLUTION (SB 368) - This act allows members of the Missouri State Society Daughters of the American Revolution to obtain specialized license plates. To obtain the specialized plate, the member of the organization must pay a one- time emblem-use authorization contribution of $25 and $15 in addition to regular registration fees (Section 301.134).

KIDS WITH CANCER LICENSE PLATES (SB 369) - This act allows persons to receive "Friends of Kids with Cancer" license plates after making an annual $25 contribution to the Friends of Kids with Cancer organization. In addition to the $25 contribution, the person must pay $15 plus regular registration fees. No additional fee shall be assessed for the personalization of such plates.

SPECIAL OLYMPIC LICENSE PLATES (SB 382) - This act creates the Special Olympics Missouri license plate. An individual may obtain such a plate after paying $25 to Special Olympics Missouri in addition to the $15 special license plate fee and other registration fees.

CHILDREN'S TRUST FUND LICENSE PLATES (SB 402) - This act modifies the law regarding Children's Trust Fund license plates. This act states that the plates cannot be issue for apportioned motor vehicles or commercial motor vehicles in excess of 18,000 pounds. This act allows the $25 contribution to be made at time the of registration. This act also requires the Director of Revenue to issue sample license plates to be displayed in revenue offices and that literature describing the Children's Trust Fund be distributed in such offices.

PROFESSIONAL ENGINEERS LICENSE PLATE (SB 403) - This act allows members of the Missouri Society of Professional Engineers to receive special license plates. In order to obtain such a plate, the member must pay $25 for a emblem-use contribution to the organization and pay $15 in addition to regular registration fees.

ORGAN DONOR LICENSE PLATE (SB 419) - This act creates an organ donor license plate. In order to receive an organ donor license plate, the driver must first donate $25 to the Organ Donor Program Fund established under section 194.297. The driver must also pay $15 in addition to regular registration fees. The license plate will bear the words "BE AN ORGAN DONOR" in lieu of the words "SHOW-ME STATE". The plates will be designed by the director of revenue in consultation with the Organ Donation Advisory Committee.

ALPHA PHI OMEGA LICENSE PLATES (SB 484) - This act allows members or alumni of Alpha Phi Omega to obtain specialized license plates. A member may obtain such a plate by making an annual emblem-use contribution fee of $25 to the organization and by paying a fee of $15 in addition to regular registration fees.

FORMER LEGISLATORS - This act allows former members of the Missouri legislature to receive special license plates. This provision is similar to one contained in HB 1789 (2002).

STREET RODS AND CUSTOM VEHICLE REGISTRATION - This act establishes new registration procedures for street rods and custom vehicles. The act defines "street rod" and "custom vehicle". The annual fee for these vehicles shall equal the fee charged for a personalized license plate ($15) plus regular registration fees. Owners of these types of vehicles must certify at the time of registration that the vehicles will be maintained for occasional transportation, exhibits, club activities, parades, tours, and similar uses and will not be used for general daily transportation. These vehicles are exempt from vehicle inspections and emission tests. License plates for these categories of vehicles shall bear the words "STREET ROD" or "CUSTOM VEHICLE". A street rod or custom vehicle may use blue dot tail lights for stop lamps, rear turning indicator lamps, rear hazard lamps, and rear reflectors. A "blue dot tail light" is a red lamp installed in the rear of the motor vehicle which contains a blue or purple insert that is not more than one inch in diameter. These provisions are similar to SB 570 and HB 283(2003)(Section 301.132).

This act provides language regarding the color scheme of license plates; reinstates languages which was inadvertently repealed in a prior session that allowed applicants registering property-carrying commercial motor vehicles to request an additional plate at a charge not to exceed $15; requires plate tabs to be displayed in the designated area rather the middle of the plate; and provides standardized language which prohibits apportioned motor vehicles and commercial motor vehicles in excess of 18,000 pounds from obtaining special license plates. This provision is identical to HB 598 and SB 581 (2003).

BOY SCOUT/GIRL SCOUT PLATES - This act allows for special license plates designated "Boy Scouts of America", "Girl Scouts of America", and "Gold Award". To obtain these plates, a person must get an emblem-use authorization statement ($25 contribution). Persons wanting a "Boy Scouts of America" plate must get the authorization statement from any local district council in the state. Persons wanting a "Girl Scouts of America" or "Gold Award" plate must get the authorization statement from the Girl Scouts of America. The use authorization statement must be presented to the Department of Revenue at the time of registration along with a $15 fee in addition to the registration fee and other documents required by law. No additional fee will be charged for personalization of these plates. Revenue collected from authorization contributions, minus any reasonable administrative cost, will be used solely for the purposes of the respective organizations. This portion of this act is identical to HB 626 (2003)

CAMP QUALITY LICENSE PLATES - This act allows persons who make a $25 contribution to Camp Quality of Missouri to receive license plates with that organization's insignia. Contributions received by the organization will be used for providing scholarships to children with cancer.

STATE TROOPERS EMERGENCY RELIEF SOCIETY - This act allows members of the Missouri Association of State Troopers Emergency Relief Society to obtain license plates bearing the organization's emblem. The Missouri Association of State Troopers Emergency Relief Society will authorize the use of its emblem after receiving a $25 emblem-use contribution fee. This fee must be used solely for the purposes of Missouri Association of State Troopers Emergency Relief Society. In addition to the $25 contribution, any applicant desiring this specialized license plate shall pay $15 in addition to regular registration fees. This provision is similar to SB 216 (2003).

LOW SPEED VEHICLES - This act allows operators of low-speed vehicles to use public highways under certain conditions. A low- speed vehicle is a four-wheeled vehicle whose top speed is greater than 20 mph but less than 25 mph and is manufactured in compliance with the National Highway Traffic Safety Administration standards. A low-speed vehicle shall not be operated on a street or highway with a posted speed limit greater than 35 mph. A low- speed vehicle shall be exempt from inspection and emission testing, but must comply with the federal standards. Every operator of a low-speed vehicle shall maintain financial responsibility as required under Chapter 303, RSMo. Every operator of a low-speed vehicle must have a driver's license. City and counties may promulgate ordinances which are more stringent than this act. This provision is similar to one contained in SB 594 (2003).

EMISSIONS TEST - Exempts motor vehicles manufactured 26 years prior to the current model year from emissions inspection. This act allows BAR-97 vehicle emissions test for residents in Franklin County to be conducted on a biennial basis. The maximum testing fee is also increased to $24 from $10.50. This portion of the act is similar to SB 54 (2003).

ANIMAL-DRIVEN VEHICLES - Under this act, persons operating animal-driven vehicles during dark to use lamps or lanterns which comply with rules promulgated by the Department of Public Safety. The amendment also allows persons operating an animal-drawn vehicle to equip their vehicle with reflective material complying with rules promulgated by the Department of Public Safety (Section 307.125 and 307.127).

NRA LICENSE PLATE - This act creates the National Rifle Association license plate (Section 301.3145).

ATV PASSENGERS - This act modifies the definition of ATVs and allows passengers to ride on ATVs if the seat of such vehicles are designed to carry more than one person. The ATV definition is modified by increasing the unladen dry weight of an ATV from 600 pounds to 1,000 pounds and by providing that an ATV may be a vehicle with a seat designed to carry more than one person (Sections 301.010 and 304.013).

MEMORIAL HIGHWAY - This act establishes the Corporal Bobbie J. Harper Memorial Highway on U.S. Highway 71 in McDonald County. This portion of the act is identical to SB 598 (2003).

MOTOR VEHICLE EXTENDED SERVICE CONTRACTS - This act regulates the sale of motor vehicle extended service contracts for the repair, replacement or maintenance of motor vehicles. The act does not apply to warranties, maintenance agreements, commercial transactions and service contracts sold to non-consumers. The act requires those providing service under a motor vehicle extended service contract to demonstrate financial responsibility by insuring the service contracts under reimbursement insurance policies or by other means such as providing a surety bond. Service contract administrators are required to register with the Department of Insurance. The act provides for the requirements of a reimbursement insurance policy for insuring a motor vehicle extended service contract. The act specifies the form and content of motor vehicle extended service contracts and requires contract administrators to maintain certain records. This act provides for civil penalties for violating the act and gives the Director of the Department of Insurance various powers to enforce the act's provisions. This act is based after the National Association of Insurance Commissioners (NAIC) Service Contracts Model Act. This portion of the act has an effective date of January 1, 2007 (Sections 407.1200 to 407.1227 and Section C - effective date).

MOTOR VEHICLE DEALERS ADVERTISING - This act modifies the law which governs the advertising standards used by motor vehicle dealers. Current law provides that certain standards will be considered fraud or deception if employed by a motor vehicle dealer. This act removes language which currently allows dealers to use terms such as "invoice price" or "$ ..... over invoice". Under current law, advertisements which offer to match or better any competitors' prices can not be used. This act removes this prohibition from the list of fraudulent standards (Section 301.567).
STEPHEN WITTE

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