SENATE AMENDED
PRIOR PRINTER'S NOS. 706, 1448, 2727 PRINTER'S NO. 2874
No. 640 Session of 1995
INTRODUCED BY YOUNGBLOOD, BELARDI, WAUGH, RUBLEY, JADLOWIEC,
FAJT, DERMODY, ROBINSON, BAKER, COY, TIGUE, KING, TRUE,
ROONEY, PESCI, PISTELLA, MANDERINO, STABACK, VEON,
D. R. WRIGHT, B. SMITH, E. Z. TAYLOR, HESS, GEIST, DEMPSEY,
MELIO, COLAFELLA, SANTONI, WOGAN, BISHOP, WASHINGTON, CARN,
PHILLIPS, ROBERTS, STURLA, SAYLOR, M. N. WRIGHT, TRELLO,
O'BRIEN, LUCYK, LEDERER, RUDY, LYNCH, TANGRETTI, L. I. COHEN,
FAIRCHILD, ARMSTRONG, ZUG, McGEEHAN, DeWEESE, THOMAS, DeLUCA,
BEBKO-JONES, HERMAN, DONATUCCI, CURRY, GEORGE, HUTCHINSON,
GORDNER, DALEY, SCHULER, LAUGHLIN, WOZNIAK, KENNEY, HALUSKA,
CORRIGAN, SURRA, EGOLF, BELFANTI, McCALL, KAISER, MILLER,
FLICK, D. W. SNYDER, JAMES, PETRARCA, BROWNE, CIVERA, MERRY,
WILLIAMS, KELLER, BUTKOVITZ, WALKO, DiGIROLAMO AND BARD,
FEBRUARY 7, 1995
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, DECEMBER 4, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for special registration plates
3 AND LIMITATIONS ON CERTAIN VEHICLES EXEMPT FROM FEES; and <--
4 REGULATING PERSONS WITH DISABILITY PARKING PLACARDS; <--
5 providing for special registration plates for Vietnam
6 veterans AND, FOR AN AGRICULTURE REGISTRATION PLATE AND FOR <--
7 AN OLYMPIC REGISTRATION PLATE; ESTABLISHING THE AGRICULTURE-
8 IN-THE-CLASSROOM FUND; AND MAKING AN APPROPRIATION.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Sections 1338, 1342, 1346, 1348, 1350 and, 1351, <--
12 1355, 1356 AND 1357 of Title 75 of the Pennsylvania Consolidated
13 Statutes are amended to read:
14 § 1338. [HANDICAPPED] PERSON WITH DISABILITY PLATE AND PLACARD. <--
1 (A) [HANDICAPPED] PERSON WITH DISABILITY PLATE.--ON THE
2 APPLICATION OF ANY PERSON WHO:
3 (1) IS BLIND;
4 (2) DOES NOT HAVE FULL USE OF AN ARM OR BOTH ARMS;
5 (3) CANNOT WALK 200 FEET WITHOUT STOPPING TO REST;
6 (4) CANNOT WALK WITHOUT THE USE OF, OR ASSISTANCE FROM,
7 A BRACE, CANE, CRUTCH, ANOTHER PERSON, PROSTHETIC DEVICE,
8 WHEELCHAIR OR OTHER ASSISTIVE DEVICE;
9 (5) IS RESTRICTED BY LUNG DISEASE TO SUCH AN EXTENT THAT
10 THE PERSON'S FORCED (RESPIRATORY) EXPIRATORY VOLUME FOR ONE
11 SECOND, WHEN MEASURED BY SPIROMETRY, IS LESS THAN ONE LITER
12 OR THE ARTERIAL OXYGEN TENSION IS LESS THAN 60 MM/HG ON ROOM
13 AIR AT REST;
14 (6) USES PORTABLE OXYGEN;
15 (7) HAS A CARDIAC CONDITION TO THE EXTENT THAT THE
16 PERSON'S FUNCTIONAL LIMITATIONS ARE CLASSIFIED IN SEVERITY AS
17 CLASS III OR CLASS IV ACCORDING TO THE STANDARDS SET BY THE
18 AMERICAN HEART ASSOCIATION;
19 (8) IS SEVERELY LIMITED IN HIS OR HER ABILITY TO WALK
20 DUE TO AN ARTHRITIC, NEUROLOGICAL OR ORTHOPEDIC CONDITION; OR
21 (9) IS A PERSON IN LOCO PARENTIS OF A PERSON SPECIFIED
22 IN PARAGRAPH (1), (2), (3), (4), (5), (6), (7) OR (8);
23 THE DEPARTMENT SHALL ISSUE A SPECIAL REGISTRATION PLATE FOR ONE
24 PASSENGER CAR OR OTHER VEHICLE WITH A REGISTERED GROSS WEIGHT OF
25 NOT MORE THAN 9,000 POUNDS, DESIGNATING THE VEHICLE SO LICENSED
26 AS BEING USED BY A [HANDICAPPED] PERSON WITH A DISABILITY.
27 SPECIAL PLATES FOR [HANDICAPPED] PERSONS WITH DISABILITIES MAY
28 ALSO BE ISSUED FOR VEHICLES OPERATED EXCLUSIVELY FOR THE USE AND
29 BENEFIT OF [HANDICAPPED] PERSONS WITH DISABILITIES. IN THE CASE
30 OF A MOTORCYCLE, THE DEPARTMENT SHALL ISSUE A DECAL CONTAINING
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1 THE INTERNATIONAL SYMBOL FOR [HANDICAPPED] ACCESS FOR PERSONS
2 WITH DISABILITIES FOR DISPLAY ON THE REGISTRATION PLATE.
3 (B) [HANDICAPPED] PERSON WITH DISABILITY PARKING PLACARD.--
4 ON THE INITIAL APPLICATION OR RENEWAL APPLICATION OF ANY PERSON
5 WHO MEETS THE QUALIFICATIONS OF SUBSECTION (A), THE DEPARTMENT
6 SHALL ISSUE ONE SPECIAL PARKING PLACARD OF SUCH SIZE AND DESIGN
7 AS THE DEPARTMENT SHALL SPECIFY, DESIGNATING THE VEHICLE IN
8 WHICH IT IS DISPLAYED AS BEING USED FOR THE TRANSPORTATION OF [A
9 HANDICAPPED PERSON] PERSONS WITH DISABILITIES. WHEN PARKING THE
10 DESIGNATED VEHICLE, THE [HANDICAPPED] PERSON WITH DISABILITY
11 PARKING PLACARD SHALL BE PROMINENTLY DISPLAYED IN SUCH A MANNER
12 THAT IT MAY BE VIEWED FROM THE FRONT AND REAR OF THE VEHICLE BY
13 HANGING IT FROM THE FRONT WINDSHIELD REARVIEW MIRROR OF A
14 VEHICLE ONLY WHEN THAT VEHICLE IS UTILIZING A PARKING SPACE
15 RESERVED FOR PERSONS WITH DISABILITIES. WHEN THERE IS NO
16 REARVIEW MIRROR, OR THE PLACARD IS NOT DESIGNED IN SUCH A MANNER
17 TO ACCOMMODATE HANGING FROM A REARVIEW MIRROR, THE PLACARD SHALL
18 BE DISPLAYED ON THE DASHBOARD. PLACARDS MAY ALSO BE ISSUED FOR
19 USE IN VEHICLES WHEN OPERATED FOR THE USE AND BENEFIT OF
20 [HANDICAPPED] PERSONS WITH DISABILITIES. ORGANIZATIONS [WHICH]
21 THAT TRANSPORT PERSONS [IN VEHICLES OPERATED FOR THE USE AND
22 BENEFIT OF HANDICAPPED PERSONS] WITH DISABILITIES SHALL, UPON
23 APPLICATION, BE ISSUED NOT MORE THAN EIGHT PLACARDS IN THE
24 ORGANIZATION'S NAME. THESE PLACARDS MAY BE USED IN A VEHICLE OF
25 THE ORGANIZATION OR THE PERSONAL VEHICLE OF AN EMPLOYEE OR
26 VOLUNTEER OF THE ORGANIZATION WHEN THE EMPLOYEE OR VOLUNTEER
27 OPERATES THE VEHICLE FOR THE USE AND BENEFIT OF PERSONS WITH
28 DISABILITIES.
29 (C) PHYSICIAN'S STATEMENT.--
30 (1) ANY PERSON APPLYING FOR A SPECIAL PLATE OR PARKING
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1 PLACARD FOR [HANDICAPPED] PERSONS WITH DISABILITIES MUST
2 PRESENT A STATEMENT, CERTIFIED BY A PHYSICIAN LICENSED TO
3 PRACTICE IN THIS COMMONWEALTH OR IN A CONTIGUOUS STATE, THAT
4 THE [HANDICAPPED] PERSON WITH A DISABILITY IS [HANDICAPPED]
5 DISABLED AS PROVIDED IN SUBSECTION (A).
6 (2) ANY PERSON APPLYING FOR A RENEWAL OF REGISTRATION OF
7 A SPECIAL PLATE FOR [HANDICAPPED] PERSONS WITH DISABILITIES
8 MUST COMPLY WITH THIS SUBSECTION. ONCE A [HANDICAPPED] PERSON
9 WITH A DISABILITY HAS BEEN DULY CERTIFIED BY A PHYSICIAN AS
10 BEING [HANDICAPPED] DISABLED, AS PROVIDED IN SUBSECTION (A),
11 THE APPLICANT NEED NOT SUBMIT A CERTIFICATION FOR SUBSEQUENT
12 RENEWALS OF REGISTRATION FOR A SPECIAL PLATE FOR
13 [HANDICAPPED] PERSONS WITH DISABILITIES. A PERSON WHO WAS
14 ISSUED A [HANDICAPPED] PERSON WITH DISABILITY PLATE UNDER
15 THIS SECTION AND NO LONGER QUALIFIES FOR ONE SHALL NOT BE
16 CHARGED A REPLACEMENT FEE FOR A REGULAR REGISTRATION PLATE
17 UPON PAYMENT OF THE REGULAR REGISTRATION FEE.
18 (3) IN LIEU OF A PHYSICIAN'S STATEMENT, A PERSON
19 APPLYING FOR A SPECIAL PLATE OR PARKING PLACARD MAY PRESENT A
20 STATEMENT FROM A POLICE OFFICER CERTIFYING THAT THE PERSON
21 DOES NOT HAVE FULL USE OF A LEG, OR BOTH LEGS, OR IS BLIND.
22 (4) THE DEPARTMENT SHALL PHASE OUT EXISTING HANDICAPPED
23 PLACARDS AS SOON AS PRACTICABLE AND ISSUE A NEW SERIES TO
24 PERSONS WHO COMPLY WITH THIS SECTION.
25 (D) PENALTY.--ANY PERSON VIOLATING THIS SECTION COMMITS A
26 SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
27 A FINE OF NOT MORE THAN $100.
28 § 1342. Veteran plates and placard.
29 (a) Severely disabled veteran plate.--On the application of
30 a veteran whose service-connected disability is certified at
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1 100% by the service unit of the armed forces in which the
2 veteran served or by the United States Veterans' Administration
3 or who has a service-connected disability of the type enumerated
4 in section 1338 (relating to handicapped plate and placard), the
5 department shall issue a special registration plate designating
6 the vehicle as belonging to a severely disabled veteran. The
7 registration plate shall have a white background, shall have
8 blue numbers or letters as the department may determine, shall
9 have the words, "disabled veteran," in at least ten-point bold
10 type, inscribed in red at the bottom of the plate, and shall
11 include the international symbol for handicapped access. Only
12 one special registration plate shall be issued to a veteran
13 under this section. It may be used only on [one] a passenger
14 [vehicle or one other vehicle] car or a truck with a
15 [registered] gross vehicle weight rating of not more than 9,000
16 pounds. In the case of a motorcycle, the department shall issue
17 a decal containing the international symbol for handicapped
18 access and the words "disabled veteran" for display on the
19 registration plate.
20 (b) Severely disabled veteran placard.--On the application
21 of any person who meets the qualifications of subsection (a),
22 the department shall issue one special parking placard of such
23 size and design as the department shall specify, designating the
24 vehicle in which it is displayed as being used for the
25 transportation of a severely disabled veteran. Such placard
26 shall be prominently displayed on the right front dash of the
27 vehicle when it is in use for the transportation of such
28 severely disabled veteran.
29 (c) Disabled veteran plates.--On the application of any
30 veteran having a disability certified by the service unit of the
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1 armed forces in which the veteran served or by the United States
2 Veterans' Administration as service-connected, the department
3 shall issue a special registration plate designating the vehicle
4 as belonging to a disabled veteran. The registration plate shall
5 have a white background, shall have numbers or letters as the
6 department may determine and shall have the words "disabled
7 veteran" in at least ten-point bold type inscribed at the bottom
8 of the plate. Only one special registration plate shall be
9 issued to a veteran under this section. It may be used only on
10 [one] a passenger [vehicle or one other vehicle] car or a truck
11 with a [registered] gross vehicle weight rating of not more than
12 9,000 pounds.
13 (d) Prisoner of war plate.--On the application of an ex-
14 prisoner of war whose imprisonment while in the service of the
15 armed forces of the United States is certified by the
16 appropriate branch of the armed forces, the department shall
17 issue a special registration plate designating the vehicle as
18 belonging to an ex-prisoner of war. The registration plate shall
19 contain the letters "POW" and such other numbers or letters as
20 the department may determine and shall have the words "prisoner
21 of war" in at least ten-point bold type inscribed at the bottom
22 of the plate. ONLY ONE SPECIAL REGISTRATION PLATE SHALL BE <--
23 ISSUED TO AN EX-PRISONER OF WAR UNDER THIS SUBSECTION. The
24 special registration plate may be used only on [one] a passenger
25 [vehicle or one other vehicle] car or a truck with a
26 [registered] gross vehicle weight rating of not more than 9,000
27 pounds.
28 (e) Documentation of eligibility.--The department may
29 require current holders of disabled veteran registration plates
30 and placards to provide documentation of their eligibility under
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1 this section where current documentation is not sufficient.
2 § 1346. Special plates for recipients of Purple Heart.
3 Upon application of any person who is a recipient of the
4 Purple Heart, the department shall issue to such person a
5 special registration plate designating the vehicle so licensed
6 as belonging to a person who is a recipient of the Purple Heart.
7 A severely disabled veteran, as described in section 1342(a)
8 (relating to veteran plates and placard), who is qualified to
9 receive a plate under this section may also elect to receive a
10 placard under section 1342(b). ONLY ONE SPECIAL REGISTRATION <--
11 PLATE SHALL BE ISSUED TO A RECIPIENT OF THE PURPLE HEART UNDER
12 THIS SECTION. The special registration plate may be used only on
13 [one] a passenger [vehicle or one other vehicle] car or a truck
14 with a [registered] gross vehicle weight rating of not more than
15 9,000 pounds.
16 § 1348. Special plates for Pearl Harbor survivors.
17 Upon application of any person who is a survivor of Pearl
18 Harbor, accompanied by a fee of $20 which shall be in addition
19 to the annual registration fee and by such documentation as the
20 department shall require by regulation, the department shall
21 issue to such person a special registration plate designating
22 the vehicle so licensed as belonging to a person who is a
23 survivor of Pearl Harbor. The special registration plate may be
24 used only on [one] a passenger [vehicle or one other vehicle]
25 car or a truck with a [registered] gross vehicle weight rating
26 of not more than 9,000 pounds.
27 § 1350. Special plates for veterans of Korean War.
28 Upon application of any person who is a veteran of the Korean
29 War, accompanied by a fee of $20, which shall be in addition to
30 the annual registration fee, and by such documentation as the
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1 department shall require, the department shall issue to the
2 person a special registration plate designating the vehicle so
3 licensed as belonging to a person who is a veteran of the Korean
4 War. The special registration plate may be used only on [one] a
5 passenger [vehicle or one other vehicle] car or a truck with a
6 [registered] gross vehicle weight rating of not more than 9,000
7 pounds.
8 § 1351. Special plates for veterans of Persian Gulf War.
9 Upon application of any person who is a veteran of the
10 Persian Gulf War, accompanied by a fee of $20, which shall be in
11 addition to the annual registration fee, and by such
12 documentation as the department shall require, the department
13 shall issue to the person a special registration plate
14 designating the vehicle so licensed as belonging to a person who
15 is a veteran of the Persian Gulf War. The special registration
16 plate may be used only on [one] a passenger [vehicle or one
17 other vehicle] car or a truck with a [registered] gross vehicle
18 weight rating of not more than 9,000 pounds.
19 Section 2. Section 1355 of Title 75, added December 28, 1994 <--
20 (P.L.1441, No.170) and (P.L.1450, No.172), is amended to read:
21 § 1355. Zoological plate.
22 The department, in consultation with the Pennsylvania
23 Zoological Council, shall design a special zoological
24 registration plate. Upon application of any person, accompanied
25 by a fee of $35 which shall be in addition to the annual
26 registration fee, the department shall issue the plate for a
27 passenger car, motor home or trailer or a truck with a gross
28 vehicle weight rating of not more than 9,000 pounds. The
29 Zoological Enhancement Fund shall receive $15 of the fee paid by
30 the applicant for the plate.
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1 Section 3. Sections 1356 and 1357 of Title 75, added <--
2 December 28, 1994 (P.L.1450, No.172), are amended to read:
3 § 1356. Special plates for recipients of Expeditionary Forces
4 Medal.
5 Upon application of any person who is a recipient of the
6 Expeditionary Forces Medal, accompanied by a fee of $20 which
7 shall be in addition to the annual registration fee and by such
8 documentation as the department shall require, the department
9 shall issue to such person a special registration plate
10 designating the vehicle so registered as belonging to a person
11 who is a recipient of the Expeditionary Forces Medal. The
12 special registration plate may be used only on [one] a passenger
13 [vehicle] car or a truck with a gross vehicle weight rating of
14 not more than 9,000 pounds.
15 § 1357. Special plates for World War II veterans.
16 Upon application of any person who is a veteran of World War
17 II, accompanied by a fee of $20 which shall be in addition to
18 the annual registration fee and by such documentation as the
19 department shall require, the department shall issue to such
20 person a special registration plate carrying the symbol of a
21 ruptured duck designating the vehicle so registered as belonging
22 to a person who is a veteran of World War II. The special
23 registration plate may be used only on [one] a passenger
24 [vehicle] car or a truck with a gross vehicle weight rating of
25 not more than 9,000 pounds.
26 Section 4 2. Title 75 is amended by adding a section <--
27 SECTIONS to read: <--
28 § 1358. Special plates for Vietnam veterans.
29 Upon application of any person who is a Vietnam veteran,
30 accompanied by a fee of $20 which shall be in addition to the
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1 annual registration fee and by such documentation as the
2 department shall require, the department shall issue to the
3 person a special registration plate designating the vehicle so
4 licensed as belonging to a person who is a Vietnam veteran. The
5 special registration plate may be used only on a passenger
6 vehicle CAR or a truck with a gross vehicle weight rating of not <--
7 more than 9,000 pounds.
8 § 1359. AGRICULTURE PLATE. <--
9 (A) ISSUANCE.--UPON THE APPLICATION OF ANY PERSON, THE
10 DEPARTMENT SHALL ISSUE A SPECIAL AGRICULTURE REGISTRATION PLATE.
11 THE SPECIAL REGISTRATION PLATE MAY BE USED ON ANY PASSENGER CAR,
12 MOTOR HOME, TRAILER OR TRUCK WITH A GROSS VEHICLE WEIGHT RATING
13 OF NOT MORE THAN 9,000 POUNDS.
14 (B) DESIGN AND FEE.--THE DEPARTMENT IN CONSULTATION WITH THE
15 DEPARTMENT OF AGRICULTURE SHALL DESIGN THE AGRICULTURE
16 REGISTRATION PLATE. THE FEE FOR THIS PLATE SHALL BE $35 WHICH
17 SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION FEE. THE
18 AGRICULTURE-IN-THE-CLASSROOM FUND SHALL RECEIVE $15 OF THE FEE
19 PAID BY THE APPLICANT FOR THE PLATE.
20 (C) AGRICULTURE-IN-THE-CLASSROOM FUND.--THERE IS HEREBY
21 ESTABLISHED A SEPARATE ACCOUNT IN THE STATE TREASURY TO BE KNOWN
22 AS THE AGRICULTURE-IN-THE-CLASSROOM FUND. THIS FUND SHALL BE
23 ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE. ALL MONEYS OF THE
24 FUND ARE HEREBY APPROPRIATED TO THE DEPARTMENT OF AGRICULTURE ON
25 A CONTINUING BASIS. ALL MONEYS OF THE FUND SHALL BE USED FOR
26 AGRICULTURE EDUCATION PURPOSES.
27 § 1360. OLYMPIC REGISTRATION PLATE. <--
28 THE DEPARTMENT, IN CONSULTATION WITH THE UNITED STATES
29 OLYMPIC COMMITTEE, SHALL DESIGN A SPECIAL OLYMPIC REGISTRATION
30 PLATE. UPON APPLICATION OF ANY PERSON, ACCOMPANIED BY A FEE OF
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1 $35 WHICH SHALL BE IN ADDITION TO THE ANNUAL REGISTRATION FEE,
2 THE DEPARTMENT SHALL ISSUE THE PLATE FOR A PASSENGER CAR, MOTOR
3 HOME OR TRAILER OR A TRUCK WITH A GROSS VEHICLE WEIGHT RATING OF
4 NOT MORE THAN 9,000 POUNDS. THE UNITED STATES OLYMPIC COMMITTEE
5 SHALL RECEIVE $15 OF THE FEE PAID BY THE APPLICANT FOR THE
6 PLATE.
7 SECTION 3. SECTION 1901(D)(2) OF TITLE 75 IS AMENDED TO <--
8 READ:
9 § 1901. EXEMPTION OF ENTITIES AND VEHICLES FROM FEES.
10 * * *
11 (D) LIMITATIONS.--
12 * * *
13 (2) ONLY ONE PASSENGER [VEHICLE OR ONE OTHER VEHICLE]
14 CAR OR A TRUCK WITH A GROSS VEHICLE WEIGHT [OR REGISTERED
15 GROSS WEIGHT] RATING OF NOT MORE THAN 9,000 POUNDS MAY BE
16 REGISTERED TO ANY PERSON UNDER THE PROVISIONS OF SUBSECTION
17 (B)(4) AND SUBSECTION (C)(16), (17), (18) AND (19).
18 * * *
19 Section 5 4. This act shall take effect in 60 days. <--
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