MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Finance
By: Senator(s) Smith
AN ACT TO AMEND SECTION 27-19-56.5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DISTINCTIVE MOTOR VEHICLE LICENSE TAGS IDENTIFYING A PERSON AS A RECIPIENT OF THE PURPLE HEART MEDAL TO BEAR THE INTERNATIONAL SYMBOL OF ACCESS ADOPTED BY REHABILITATION INTERNATIONAL IN 1969 AT ITS ELEVENTH WORLD CONGRESS ON REHABILITATION IF THE APPLICANT FOR SUCH TAG IS ELIGIBLE TO RECEIVE A DISTINCTIVE TAG UNDER SECTION 27-19-56; TO AMEND SECTION 27-19-56, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 27-19-56.5, Mississippi Code of 1972, is amended as follows:
27-19-56.5. (1) (a)
In recognition of the patriotic service rendered by Mississippians who survived
the attack on Pearl Harbor and by Mississippians who are recipients of the
Purple Heart Medal, any such person is privileged to obtain two (2) distinctive
motor vehicle license plates or tags identifying * * * such person as a Pearl Harbor
survivor or not more than two (2) distinctive motor vehicle license plates or
tags and one (1) distinctive motorcycle license plate or tag identifying * * * such person as a Purple Heart Medal
recipient.
(b) A person who is privileged to obtain a distinctive motor vehicle license plate or tag identifying such person as a Purple Heart Medal recipient and who is eligible to obtain a special license plate under Section 27-19-56, is privileged to obtain one (1) distinctive motor vehicle license plate or tag bearing the International Symbol of Access adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the disabled and identifying such person as a Purple Heart Medal Recipient.
(c) Except as otherwise provided in paragraph (b) of this subsection, the distinctive plates or tags shall be of a color and design designated by the Department of Revenue.
(2) (a) The distinctive license plates shall be prepared by the Department of Revenue and shall be issued through the tax collectors of the counties in the same manner as are other motor vehicle license plates or tags.
(b) A tag fee of Fifteen Dollars ($15.00), in addition to all other taxes and fees, shall be collected by the tax collector for the Pearl Harbor distinctive tag.
(c) The first distinctive tag issued to Purple Heart Medal recipients under the provisions of this section shall be exempt from ad valorem taxes, privilege taxes and all other taxes and fees. There shall be no exemption from ad valorem taxes, privilege taxes or other taxes and fees for the issuance of an additional distinctive tag to Purple Heart Medal recipients. However, the surviving spouse of a deceased person who was issued a Purple Heart Medal distinctive license plate or tag under this section shall be entitled to apply for or retain one (1) such license tag and may continue annually to renew registration for such distinctive license plate or tag for as long as the spouse remains unmarried. At the time of application or renewal registration, a surviving spouse who desires to retain such distinctive plate or tag shall file with the county tax collector a sworn statement that the spouse is unmarried, and any such vehicle when so registered shall be exempt from ad valorem taxes, privilege taxes and all other taxes and fees.
(d) The tax collector shall monthly forward the additional fee of Fifteen Dollars ($15.00) charged for issuance of a Pearl Harbor distinctive tag to the Department of Revenue which shall deposit such fee to the credit of the State General Fund.
(e) An applicant for a distinctive tag under this section shall present to the issuing official either:
( * * *i) Written proof that the applicant is
an honorably discharged former member of one (1) of the Armed Forces of the United
States and, while serving in the Armed Forces of the United States, was present
during the attack on the island of Oahu, Territory of Hawaii, on December 7,
1941, between the hours of 7:55 a.m. and 9:45 a.m., Hawaii time * * *; or
( * * *ii) Written proof that the applicant
is a Purple Heart Medal recipient; however, if the person is applying for a
distinctive tag pursuant to subsection (1)(b) of this section, the applicant
shall also meet the requirements of Section 27-19-56.
(f) The distinctive license plates or tags so issued shall be used only upon a personally or jointly owned private passenger vehicle (to include station wagons, recreational motor vehicles and pickup trucks) or motorcycle registered in the name, or jointly in the name, of the person making application therefor, and when issued to such person shall be used upon the vehicle for which issued in lieu of the standard license plate or license tag normally issued for such vehicle.
(3) The distinctive license plates shall not be transferable between motor vehicle owners; and in the event the owner of a vehicle bearing a distinctive plate shall sell, trade, exchange or otherwise dispose of the vehicle, such plate shall be retained by such owner and returned to the tax collector.
(4) A vehicle that displays a distinctive license plate issued under this section may park free of charge in any state parking space or state parking facility when the person to whom the license plate was issued is operating or occupying the vehicle.
(5) Any person evading or violating any of the provisions of this section, or attempting to secure benefits under this section to which he or she is not entitled, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not less than six (6) months, or both.
SECTION 2. Section 27-19-56, Mississippi Code of 1972, is amended as follows:
27-19-56. (1) Upon
application by any legal resident of the State of Mississippi with a disability
which limits or impairs the ability to walk, or by the owner of a motor vehicle
who has a child, parent or spouse with a disability which limits or impairs the
ability to walk and the child, parent or spouse is living with the applicant,
the * * * Department of Revenue shall prepare and issue
through the county tax collectors a special license plate bearing the
International Symbol of Access adopted by Rehabilitation International in 1969
at its Eleventh World Congress on Rehabilitation of the Disabled for not more
than two (2) vehicles that are registered in the applicant's name. The initial
application shall be accompanied by the certification of a licensed physician
that (a) the applicant or the applicant's child, parent or spouse meets the
definition of persons with disabilities which limit or impair the ability to
walk; and (b) that the physician has determined that the applicant or the
applicant's child, parent or spouse will have the disability for at least five
(5) years. The * * * Department of Revenue shall prepare and issue
to the tax collectors of the various counties, decals for placement on the
special license plates. The decals shall bear thereon the month in which the
license plate was issued and the year in which the special license plate will
expire. The special license plate issued under this section is valid for the
period of time that the license tag attached upon a motor vehicle is issued
pursuant to Section 27-19-31(1). A person to whom the special license plate is
issued may retain the special license plate and may renew it by submitting to
the county tax collector, on or before its expiration, the certification of a
licensed physician that the physician has determined (a) that the applicant or
the applicant's child, parent or spouse meets the definition of a person with a
disability which limits or impairs the ability to walk; and (b) that the
applicant or the applicant's child, parent or spouse will have the disability
for at least five (5) years. If an applicant fails to renew the special
license plate before its date of expiration, then he or she shall
surrender the special license plate to the county tax collector and the tax
collector shall issue to such person a regular license plate to replace the
special license plate.
The terms "vehicle" and "motor vehicle," as used in this section, include motorcycles.
The term "persons with disabilities which limit or impair the ability to walk" when used in this section means those persons who, as determined by a licensed physician:
(a) Cannot walk two hundred (200) feet without stopping to rest; or
(b) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
(c) Are restricted by lung disease 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; or
(d) Use portable oxygen; or
(e) Have a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
(f) Are severely limited in their ability to walk due to an arthritic, neurological or orthopedic condition.
An applicant for a special license plate bearing the International Symbol of Access shall not be required to pay any fee or charge for the issuance of such license plate separate from or in addition to the road and bridge privilege taxes, ad valorem taxes and registration fees otherwise required by law to be paid for the issuance of a regular license plate for such vehicle.
(2) The * * * Department of Revenue
shall prepare removable windshield placards and such placards shall be issued
and periodically renewed upon the applications of persons with disabilities
which limit or impair the ability to walk, or upon the applications of owners
of motor vehicles who have a child, parent or spouse with a disability which
limits or impairs the ability to walk and the child, parent or spouse is living
with the owner of the motor vehicle. The placards shall be issued, free of
charge, to applicants through the offices of the tax collectors of the
counties. The initial application shall be accompanied by the certification of
a licensed physician that the applicant or the applicant's child, parent or spouse
meets the definition of persons with disabilities which limit or impair the
ability to walk. These placards shall be valid for the period of time
that the license tag attached upon a motor vehicle is issued pursuant to
Section 27-19-31(1) and may be renewed in the same manner as provided for the
renewal of the special license plates under subsection (1) of this section.
The removable windshield placard must be displayed on the left side of the
vehicle dashboard or by hanging it on the rearview mirror of the vehicle. The * * * Department of Revenue
shall prescribe the placement for motorcycles.
(3) The * * * Department of Revenue
shall provide for the issuance of a temporary removable windshield placard,
upon the application of a person with a disability which limits or impairs the
ability to walk, or upon the application of the owner of a motor vehicle who
has a child, parent or spouse with a disability which limits or impairs the
ability to walk and the child, parent or spouse is living with the owner of the
motor vehicle. Temporary removable windshield placards authorized by this
subsection shall be prepared by the * * * Department of Revenue
and shall be issued, free of charge, to applicants through the offices of the
tax collectors of the counties. Application for a temporary removable
windshield placard must be accompanied by the certification of a licensed
physician that the applicant or the applicant's child, parent or spouse meets the
definition of persons with disabilities which limit or impair the ability to
walk. The certification shall also include the period of time that the
physician determines the applicant or the applicant's child, parent or spouse
will have the disability, not to exceed six (6) months. The temporary
removable windshield placard must be displayed on the left side of the vehicle
dashboard or by hanging it on the rearview mirror of the vehicle. The
temporary removable windshield placard shall be valid for a period of time for
which the physician has determined that the applicant will have the disability,
not to exceed six (6) months from the date of issuance. The * * * Department of Revenue
shall prescribe the placement for motorcycles.
(4) The removable windshield placard and the temporary removable windshield placard shall be two-sided and shall include:
(a) The International Symbol of Access, which is at least three (3) inches in height, centered on the placard (the color of the removable windshield placard shall be white on a blue shield; and the temporary removable windshield placard shall be white on a red shield);
(b) An identification number and, on the reverse side, the name of the individual to whom the placard is issued;
(c) A date of expiration; and
(d) The seal of the State of Mississippi.
(5) (a) It shall be
unlawful to park a motor vehicle in an area set aside for persons who are
disabled if the motor vehicle does not (i) have displayed the removable
windshield placard authorized in this section with the date of expiration
visible, (ii) have the special license plate issued under this section properly
displayed upon the motor vehicle, * * * (iii) have the disabled American veteran tag
or plate issued under Section 27-19-53 properly displayed upon the motor
vehicle, or (iv) have the disabled Purple Heart Medal recipient tag or plate
issued under Section 27-19-56.5 properly displayed upon the motor vehicle.
Any person who unlawfully parks a motor vehicle in such areas, or who blocks
such spaces or access thereto, shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than Two Hundred Dollars ($200.00)
for each such violation. For the third and subsequent offenses under this
section, the offender's driver's license shall be suspended for ninety (90)
days by the Commissioner of Public Safety in accordance with Section 63-1-53 in
addition to any fine imposed. The court shall not suspend or reduce any fine
required to be imposed under this subsection.
(b) A person who is
charged with a violation of this section by parking a motor vehicle in an area
set aside for persons who are disabled and failing properly to display (i) a
removable windshield placard on the dash of the vehicle or by hanging it on the
rearview mirror of the vehicle, (ii) a special license plate issued under this
section upon the vehicle * * * or, (iii) a disabled American veteran tag or plate
issued under Section 27-19-53, or (iv) have the disabled Purple Heart Medal recipient
tag or plate issued under Section 27-19-56.5 properly displayed upon the motor
vehicle upon the vehicle shall not be convicted and shall have the charge
dismissed upon presentation to the court of proof by means of sworn oral
testimony or sworn affidavit that at the time of the charged violation * * * such person or a passenger in the
vehicle possessed a valid removable windshield placard issued under this
section.
(6) Any person who, for the purpose of obtaining a special license plate or windshield placard under this section, files with the county tax collector a physician's certification, knowing the certification to be false or to have been fraudulently obtained, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Two Hundred Dollars ($200.00).
(7) All law enforcement officers are authorized to enforce this section on public and private property. Provision of spaces restricted to handicapped parking and proper marking of such spaces shall be considered as intent and permission to enforce such designated parking on private property. Any owner of private property may tow away a vehicle that is parked on the owner's private property in violation of the disabled parking restrictions set forth in this section at the vehicle owner's expense. In addition, the vehicle owner may be subject to any fines or other penalties provided in this section. Only areas marked in accordance with the Americans with Disabilities Act Accessibility Guidelines or equivalent standards shall be enforced. Spaces shall bear the International Symbol of Access.
(8) Motor vehicles displaying a special license plate, license plate decal, placard or parking certificate or permit bearing the International Symbol of Access issued to a person with a disability by any other state or district subject to the laws of the United States shall be allowed the special parking privileges under this section provided the license plate, decal, placard, permit or certificate bears the International Symbol of Access and is displayed in a prominent place on the vehicle.
(9) Parking in any area set aside for persons who are disabled is limited to vehicles which, immediately before or after the utilization of such an area, are used to transport a person with a disability which limits or impairs the ability to walk. The identification required to park in such an area, except as provided in subsection (8) of this section, is as follows:
(a) For a vehicle used to transport a person with a permanent disability, that person's permanent windshield placard must be displayed or the vehicle must have a special license tag issued under this section or Section 27-19-53 properly displayed.
(b) For a vehicle being used by a person who has a temporary disability which limits or impairs the ability to walk, or which is being used to transport such a person, a temporary windshield placard must be displayed.
Any person who parks in an area set aside for persons who are disabled in violation of this subsection shall be punished as provided for in subsection (5) of this section.
(10) Upon application by a
nursing home, retirement home or other institution that transports disabled
persons, the * * * Department of Revenue may issue the special
license plate authorized pursuant to this section for not more than one (1)
vehicle that is registered in the applicant's name that is used to transport
disabled residents of the institution. Such institution shall comply with all
other laws regarding the registration of such vehicle.
SECTION 3. This act shall take effect and be in force from and after July 1, 2015.