301.3128. 1. Any person, as defined by subsection 3 of this section,may apply for special license plates for any motor vehicle such personowns, either solely or jointly, other than an apportioned motor vehicle ora commercial motor vehicle licensed in excess of eighteen thousand poundsgross weight. Any person desiring a special license plate as provided bythis section shall make an application for the special license plates on aform provided by the director of revenue and furnish proof of eligibilityas the director may require.
2. Upon payment of a fifteen dollar fee in addition to theregistration fee and other documents which may be required by law, thedepartment of revenue shall issue to the vehicle owner a personalizedlicense plate which shall bear an insignia depicting a yellow rosesuperimposed over the outline of a badge and shall bear the words "TOPROTECT AND SERVE" in the place of the words "SHOW-ME STATE". Such licenseplates shall be made with fully reflective material with a common colorscheme and design, shall be clearly visible at night, and shall beaesthetically attractive, as prescribed by section 301.130.Notwithstanding the provisions of section 301.144, no additional fee shallbe charged for the personalization of license plates pursuant to thissection.
3. As used in this section the term "person" shall mean:
(1) A person wounded in the line of duty as a peace officer; or
(2) A surviving spouse, parent, brother, sister, or adult child,including an adopted child or stepchild, of a person killed in the line ofduty as a peace officer.
4. As used in this section, the term "peace officer" has the samemeaning assigned by section 590.010, RSMo.
*5. The director may consult with any organization which representsthe interests of any person, as defined in subsection 3 of this sectionwhen formulating the design for the special license plate described in thissection.
6. The director of revenue shall make necessary rules and regulationsfor the administration of this section, and shall design all necessaryforms required by this section. Any rule or portion of a rule, as thatterm is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2004, shall be invalid and void.
(L. 2004 H.B. 1114 merged with S.B. 1233, et al.)Effective 8-28-04 (H.B. 1114) 1-01-05 (S.B. 1233, et al.)
*Subsection 5, which was only in S.B. 1233, et al., has an effective date of 1-01-05.