S 111 Session 112 (1997-1998)
S 0111 General Bill, By Land, Giese and Martin
Similar(H 3489)
A BILL TO AMEND ARTICLE 17, CHAPTER 3, TITLE 56, AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR DISABLED PERSONS,
SO AS TO FURTHER PROVIDE FOR THE PROVISION AND USE OF SPECIAL LICENSE PLATES
AND PLACARDS FOR DISABLED PERSONS, TO PROVIDE SPECIFICATIONS FOR ACCESSIBLE
PARKING SPACES FOR DISABLED PERSONS, TO PROVIDE PENALTIES AND PLACARDS FOR
DISABLED PERSONS AND FOR THE DISTRIBUTION OF FEES COLLECTED FOR VIOLATIONS OF
THIS PROVISION; AND TO REPEAL ARTICLE 18, CHAPTER 56, RELATING TO FREE PARKING
FOR HANDICAPPED PERSONS.
01/14/97 Senate Introduced and read first time SJ-120
01/14/97 Senate Referred to Committee on Transportation SJ-120
A BILL
TO AMEND ARTICLE 17, CHAPTER 3, TITLE 56, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO SPECIAL LICENSE PLATES FOR DISABLED
PERSONS, SO AS TO FURTHER PROVIDE FOR THE
PROVISION AND USE OF SPECIAL LICENSE PLATES AND
PLACARDS FOR DISABLED PERSONS, TO PROVIDE
SPECIFICATIONS FOR ACCESSIBLE PARKING SPACES FOR
DISABLED PERSONS, TO PROVIDE PENALTIES FOR MISUSE
OF SPECIAL LICENSE PLATES AND PLACARDS FOR
DISABLED PERSONS AND FOR THE DISTRIBUTION OF FEES
COLLECTED FOR VIOLATIONS OF THIS PROVISION; AND
TO REPEAL ARTICLE 18, CHAPTER 3, TITLE 56, RELATING
TO FREE PARKING FOR HANDICAPPED PERSONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 17, Chapter 3, Title 56 of the 1976 Code, as
last amended by Act 181 of 1993, is further amended to read:
"Article 17
Special License Plates, and Placards for
Disabled Persons
Required to Use Wheelchairs
Section 56-3-1900. As used in this article:
(1) 'Department' means the Department of Public Safety.
(2) 'Permanent mobility disabled person' means a person with
total and permanent impairment of mobility whose impairment of
mobility or condition has been certified by a licensed physician
pursuant to Section 40-47-5, and who:
(a) cannot walk two hundred feet without stopping to rest;
(b) cannot walk without the use of or assistance of a brace, cane,
crutch, walker, prosthetic device, another assistive device, or without
the assistance of another person;
(c) permanently uses a wheelchair;
(d) is restricted by lung disease and whose forced expiration
volume of one second measured by a spirometry is less than one litre,
or whose arterial oxygen tension is less than 60mm/hg on room air,
at room temperature, at rest;
(e) uses portable oxygen;
(f) has a cardiac condition and whose functional limitations are
classified as Class III or IV as defined by the American Heart
Association;
(g) is severely limited in his ability to walk due to an arthritic,
neurological, or orthopedic condition; or
(h) is totally blind or whose vision with glasses prevents the
performance of ordinary duties for which eyesight is essential as
certified by a licensed ophthalmologist, optometrist, or the South
Carolina Commission for the Blind.
(3) 'Temporary mobility disabled person' means a person with a
temporary impairment of mobility. This impairment may last no
more than one year and has been certified by a licensed physician.
This certification must show that the person:
(a) cannot walk without the use of, or assistance of a brace,
cane, crutch, walker, prosthetic device, or other assistive device, or
without the assistance of another individual;
(b) temporarily uses a wheelchair; or
(c) is temporarily limited in his ability to walk due to an
arthritic, neurological, or orthopedic condition.
(4) 'Certificate of disability' means a document issued by the
department that includes, but is not limited to, including the
applicant's:
(a) name and address;
(b) disability and its duration;
(c) certifying physician's name, address, and telephone number;
(d) eligibility criteria for a certificate;
(e) signature and his physician's signature, or the applicant's
parent's or guardian's signature and his physician's signature;
(f) driver's license number or department identification card
number;
(5) 'International Symbol of Access' means the symbol adopted by
Rehabilitation International in 1969 at it's Eleventh World Congress
on Rehabilitation of the Disabled.
(6) 'Distinctive license plate' means a license plate using the same
color, size of plate, and size of letters or numbers as a regular license
plate which also must display the following:
(a) the International Symbol of Access to be used by persons
with disabilities; and
(b) the letters 'D.V.' to be used by a disabled veteran.
(7) 'Parking exemption identification placard' means a two-sided
hooked placard that is constructed of plastic that does not deteriorate
after prolonged exposure to solar and ultraviolent radiation and is
intended to be suspended from the vehicle's inside rear vision mirror,
that contains at least:
(a) the International Symbol of Access;
(b) the driver's license number or department identification card
number of the holder of the placard;
(c) an expiration date; and
(d) the seal or other identification of the issuing authority.
(8) 'Wheelchair vehicle' means a vehicle, whose primary function
is the transportation of individuals who are physically disabled and
use wheelchairs. The vehicle must be visibly equipped with a
kneeling or lifting device to facilitate vehicular entry of persons in
wheelchairs using these vehicles and decals identifying the vehicle as
a wheelchair vehicle placed upon the vehicle windows by firms
installing kneeling devices.
Section 56-3-1910. Upon payment of the regular motor
vehicle license fee, the department may issue a license tag with a
special number or identification indicating that the tag was issued to
a person (a) disabled by an impairment in the use of one or more
limbs and required to use a wheelchair or (b) disabled by an
impairment in mobility, but otherwise qualified for a driver's license
as determined by the department. Each application for the license
must be accompanied by the certificate of a licensed physician as
defined in Section 40-47-5 as to the permanency of limb impairment
or as to the severity or the permanency of mobility impairment.
The special license tag authorized by this section may also
be issued for a vehicle of special design and equipment designed to
transport a disabled person who meets the requirements of this
section if the vehicle is owned and titled in the name of the disabled
person or in the name of a member of his immediate family or for a
vehicle used by an agency, organization, or facility that is designed
to transport a handicapped or disabled person if the vehicle is titled
in the name of the agency, organization, or facility. Proof that the
agency, organization, or facility transports a handicapped or disabled
person must be in a manner prescribed by the department. A
certificate from a licensed physician is not required to apply for the
special license tag.
(A) Upon receipt of an application and payment of the regular
applicable motor vehicle license fee the department may issue a
distinctive license plate if:
(1) the applicant is the registered owner, co-owner, or lessee of
the motor vehicle;
(2) the applicant has presented a certificate of disability;
(3) the applicant is a veteran and has offered documentation of
a service connected disability of fifty percent or greater from a
Veterans Administration facility board substantiating the level of
service connected disability;
(4) the agency, organization, or facility making application is
actively engaged in the business of the transportation of persons with
disabilities and has submitted proof of this activity; and
(5) the person making application has a valid South Carolina
driver's license.
(B) The department, upon receipt of an application, a certificate
of disability, and a fee, shall issue a parking exemption identification
placard. The parking exemption identification placard expires four
years from the date of issuance and may be renewed every four years.
The applicant must be a:
(1) permanent mobility disabled person or a member of the
person with a permanent disability's immediate family and is the
registered owner, co-owner, or lessee of the motor vehicle it is to be
displayed upon; or
(2) veteran who provides documentation of a service connected
disability of at least fifty percent from the Veterans Administration;
(3) company or corporation actively engaged in the business of
transporting disabled persons.
(C) The department, upon receipt of an application, a certificate of
disability, and a fee, shall issue a temporary parking exemption
identification placard that expires one year from its issuance date.
The temporary parking exemption identification placard is renewable
for an additional year upon submission of an application, certificate
of disability, and receipt of fee. An applicant must be a person with
a temporary mobility disabled person or a member of a temporary
mobility disabled person's family and is the registered owner,
co-owner, or lessee of the motor vehicle it is displayed upon.
(D) The department, upon receipt of a renewal application and
receipt of fees, shall issue decals similar to those used for license
plates renewal indicating the new expiration date for the permanent
and temporary parking exemption identification placards.
(E) The fees for the parking exemption identification placards are:
(1) Permanent parking exemption identification placards:
(a) Initial fee thirty dollars.
(b) Renewal fee twenty-four dollars.
(2) Temporary parking exemption identification placards:
(a) Initial fee twelve dollars.
(b) Renewal fee twelve dollars.
(F) The disposition of all fees collected in the issuance of parking
exemption placards are:
(1) one-third for the administration of this program; and
(2) two-thirds must be deposited into a special state fund to be
used for the improvement of access to state facilities and for the
improvement of opportunities in education and employment for
persons with disabilities.
(G) The department shall emboss the permanent and temporary
parking exemption identification placards issued with an applicant's
South Carolina driver's license number or department identification
card number in a permanent fashion.
(H) Distinctive license plates and temporary and permanent
parking exemption identification placards must include a warning
cautioning applicants that they must be present in the vehicle when
the vehicle is parked in an accessible parking space specifically
designed for use by persons with disabilities. This warning also shall
state that law enforcement officers are encouraged to request
verification of the licenses of individuals driving vehicles parked in
accessible parking spaces designed for use by persons with
disabilities against the driver's license number or department
identification card number embossed on the temporary or permanent
parking exemption identification placard and state that for misuse of
a placard the placard must be returned to the department within thirty
days of conviction of a violation.
(I) A temporary parking exemption identification placard also
must include a warning stating that if the condition of the person with
a temporary disability significantly improves or through the use of an
assistive device the person's ability to walk without severe
limitations is significantly restored, the person is no longer eligible
to use the temporary parking exemption identification placard or any
of its privileges and the parking exemption identification placard
must be returned to the department within thirty days.
(J) A department renewal request for a distinctive license plate
must include a recertification form. This form shall state that the
condition of disability has not changed. This form must be
completed and signed by the person having the disability.
(K) A department renewal request for a permanent parking
exemption identification placard must include a request for a new
Certificate of Disability completed by a physician and be submitted
to the department with the renewal fee.
(L) A department renewal request for a temporary parking
exemption identification placard must include a request for a new
Certificate of Disability completed by a physician and must be
submitted to the department with the renewal fee.
Section 56-3-1920. (A) A parking exemption identification
placard issued pursuant to Section 56-3-1910 must be displayed in
the following manner whenever the vehicle is parked in an accessible
parking space and the issuee of the parking exemption identification
placard is the driver of, or is being transported and is present in the
vehicle:
(1) suspended from the vehicle's rear vision mirror in a manner
visible from both the front and rear of the vehicle; or
(2) in the event that the vehicle has no rear vision mirror, the
parking exemption identification placard must be placed on the
driver's side of the vehicle's dashboard directly over the vehicle's
steering wheel.
(B) Each state agency or political subdivision having jurisdiction
over street parking or publicly owned and operated parking facilities
and each commercial real estate property owner offering public
parking shall provide the following minimum number of designed
and marked motor vehicle parking spaces for the exclusive use of
persons who have severe physical disabilities or have permanent or
temporary mobility problems which substantially impair their ability
to ambulate or those individuals or agencies engaged in the
transportation of persons with disabilities and who either have been
issued distinctive license plates or parking exemption identification
placards;
(1) a public or commercial facility having valet parking shall
maintain at least one accessible parking space for persons with
disabilities having hand or foot controls which renders the vehicle
undriveable by a normal individual;
(2) one accessible parking space in the immediate vicinity of a
building which houses a governmental entity or political subdivision
including, but not limited to, state, county, or municipal office
buildings or courthouses, if no parking for the public is provided on
the premises of the building;
(3) one accessible space for each twenty-five on street parking
spaces on each block.
(C) Public parking facilities intended for public use and not subject
to subsection (A) must have the following number of accessible
parking spaces for persons who have disabilities.
Total Parking Required Number of
Lot Capacity Accessible Spaces
up to 25 . . . . . . . .1
26 to 50. . . . . . .2
51 to 75. . . . . . .3
76 to 100 . . . . . .4
101 to 150. . . . . .5
151 to 200. . . . . .6
200 to 300. . . . . .7
301 to 400. . . . 8
401 to 500 . . . . . . .9
501 to 1000 . . . .two percent of total
parking lot capacity
More than 1000 20 plus one for each
100 over 1000
(D) One in every eight accessible spaces must be designated
for wheelchair vehicle only usage. However, the number of parking
spaces designated for wheelchair vehicle usage may be increased or
decreased pursuant to Section 56-3-1990.
(E) A minimum of four accessible parking spaces for persons who
have disabilities must be provided at a physical restoration
rehabilitation center or a hospital.
(F) Accessible spaces must:
(1) have an accessible curb ramp or curb cutout, when
necessary, to allow access to the building served, and must be located
on an accessible route not less than thirty-six inches wide so users are
not compelled to travel behind parked vehicles or be confronted or
endangered by parking lot traffic;
(2) be located on the shortest safely accessible route from the
parking space to an accessible entrance. Where there are multiple
entrances or multiple retail stores, the accessible parking spaces must
be dispersed to provide parking at the nearest accessible entrance.
Where a theme park or entertainment complex provides parking in
several lots or areas from which access to the theme park or
entertainment complex is provided, a single lot or area may be
designated for parking by persons who have disabilities. The lot or
area must be located on the shortest safely accessible route to an
accessible entrance to the theme park or entertainment complex or to
transportation to an accessible entrance;
(3) not be less than eight feet wide, with an accessible parking
access aisle that must be not less than six feet wide that must be part
of an accessible route to the building or facility entrance. Two
accessible parking spaces may share a common access aisle. The
access aisle must be stripped in a manner to designate it a 'NO
PARKING ZONE'.
(4) be identified clearly as a disabled parking space. If the
accessible parking space is on public property, the parking space
must be maintained by the political subdivision having jurisdiction
over the public property, street or highway where the accessible
parking space is located. If the accessible parking space is on private
property, the parking spaces must be maintained by the owner of the
property;
(5) be outlined prominently with blue paint, and must be
repainted when necessary by the designated maintainer of the parking
space;
(6) be posted prominently with a permanent above grade sign,
of a color and design approved by the department bearing the
International Symbol of Accessibility;
(7) be posted prominently with a permanent above grade sign,
of a color and design approved by the department, bearing the most
stringent penalty permitted under law that can be assessed by a state,
county, or municipal code for improper usage of the parking space.
If there is only one accessible parking space designated for use by
persons with disabilities, the parking space must be marked
additionally with signage indicating the parking space is
'ACCESSIBLE'.
(G) Parallel and diagonal accessible on-street parking may be
located either at the beginning or end of a block, as determined by the
flow of traffic, or located adjacent to alley entrances. Curbs adjacent
to these spaces must be of a height that will not interfere with the
opening and closing of motor vehicle doors or the extension and
retraction of lift devices. Parallel and diagonal accessible on street
parking must have access to the sidewalk, through either a curb cut
or a curb ramp that cannot be blocked.
(H) Accessible parking spaces for persons having disabilities must
be as level as possible. Surface slopes must not exceed 1:50 in any
direction. However, all accessible parking spaces must be located in
the most level portion of the parking facility.
(I) Curb ramps and curb cutouts must be located outside of the
accessible parking spaces, preferably in the access aisle, where curb
ramps or curb cutouts cannot be blocked.
(J) A parking facility removing architectural barriers in
accordance with federal law must comply with this section unless
doing so would render the barrier removal not readily achievable. If
compliance renders barrier removal not readily achievable, a facility
may provide alternative accessible parking spaces for persons with
disabilities and provide appropriate signage directing persons who
have disabilities to the alternative parking spaces. The facility may
not reduce the required number or dimension of those accessible
parking spaces for persons with disabilities, nor may it unreasonably
increase the length of the accessible routes from the accessible
parking spaces to the facility. The removal of the architectural
barrier may not create a significant risk to the health or safety of
anyone.
(K) If a public or commercial parking facility has barriers that are
not economically feasible to remove, the management of the facility
shall provide alternate parking for persons having disabilities. This
alternate parking must not unreasonably increase the distance of the
accessible routes from the alternate accessible parking spaces to the
facility.
(L) If there is more than one accessible parking space designated
for use by persons with disabilities, one of every eight designated
accessible parking spaces must be marked by signage indicating the
parking space is for 'WHEELCHAIR VEHICLE ONLY'.
(M) Each wheelchair vehicle accessible parking space must be not
less than eight feet wide, with an accessible parking access aisle that
must be not less the eight feet wide and must be a part of an
accessible route to the building or facility entrance. Two accessible
parking spaces may share a common access aisle. The access aisle
must be stripped in a manner to designate it as a 'NO PARKING
ZONE'. Parking spaces designated for wheelchair vehicle usage
must be located so that any person disabilities exiting from a motor
vehicle parked in a wheelchair vehicle space will not be confronted
or endangered by parking lot traffic and will have immediate access
to the sidewalk.
(N) Accessible parking spaces designated for wheelchair vehicle
usage must have the access aisle located on the right side of the
parking spaces when facing into the parking space.
Section 56-3-1930. (A) A state agency, county, municipality, or
any department of it may exact a fee for parking on public streets or
highways, or in any metered or timed parking spaces from the driver
of a vehicle which displays a distinguishing license plate or a
permanent or temporary parking exemption identification placard if
the vehicle is transporting the person who has a disability and to
whom the distinctive license plate or permanent or temporary parking
exemption identification placard was issued.
(B) A person who is chauffeuring a person who has a disability
can, without need for an identification parking permit or distinctive
license plate, stand temporarily in a parking space designated for a
disabled person for the purpose of loading or unloading a person who
has a disability for a period of no longer than fifteen minutes. A
penalty may not be imposed upon the driver for temporary standing.
The person having the disability must be visibly disabled.
(C) The driver of a vehicle displaying a distinctive license plate or
a permanent or temporary parking exemption identification placard
may not be penalized for parking, except in clearly defined bus
loading zones, fire zones, areas posted as 'NO PARKING' zones,
emergency vehicle zones, or in an access aisle adjacent to the parking
spaces for persons who have disabilities.
(D) Notwithstanding the provisions contained in subsection (A),
when a state, county, or municipal parking facility or lot is used in
connection with an event at a convention center, cruise port terminal,
sports stadium, sports arena, coliseum, or auditorium, the parking
facility may charge a person whose vehicle displays either a
distinguishing license plate or a temporary or permanent parking
exemption identification placard, a parking fee in the same manner
and amount that it charges other persons.
(E) Notwithstanding the provisions contained in subsection (A):
(1) a parking facility that leases a parking space for more than
one week is not required to reduce the fee for a disabled lessee;
(2) a municipal airport that owns, operates, or leases parking
facilities or another parking facility that is used for the purpose of air
travel may charge vehicles displaying either distinctive license plates
or permanent or temporary parking exemption identification placards
for parking. However, the governing body of each publicly owned
or operated airport may grant free parking to a vehicle equipped with
specialized equipment, including ramps, lifts, or foot or hand controls
for utilization by a disabled person;
(3) an employer who employs disabled persons who use
vehicles which display either a distinctive license plates or a
permanent or temporary parking exemption identification placards
shall furnish them accessible parking or is responsible for petitioning
of the applicable authority for an increase in the amount of accessible
parking spaces for disabled persons to be located within a reasonable
and prudent distance from the place of employment.
Section 56-3-1940. Motor vehicles displaying a special license
plate or parking permit issued to a disabled person by another state
or location subject to the laws of the United States are recognized as
displaying either a valid distinctive license plate or a permanent or
temporary parking exemption identification placard, allowing the
vehicles the special parking privileges pursuant to this article
provided that the other state or location grants reciprocal recognition
for the disabled residence of South Carolina possessing a valid South
Carolina distinctive license plate or parking exemption identification
placard issued pursuant to this article.
Section 56-3-1950. (A) It is unlawful:
(1) for a person to alter or change in an effort to make a
permanent or temporary parking exemption identification placard
legal and usable. A person convicted of this offense shall lose all
parking exemption privileges for a period of four years, regardless of
his physical condition;
(2) for the driver or another person in a vehicle to refuse to
show his permanent or temporary parking exemption identification
placard and driver's license, or department identification card to a
law enforcement officer, security officer, or trained volunteer parking
specialist investigating the possibility of a violation of this section.
If the request is refused, the person in charge of the vehicle must be
issued a citation for a violation of this section;
(3) to park or leave standing a vehicle in a parking space
designated as an accessible parking space when the vehicle does not
display either a distinctive license plate or a permanent or temporary
parking exemption identification placard issued pursuant to this
article;
(4) for a person not qualifying for the rights and privileges
extended to persons with disabilities pursuant to this article to
exercise or attempt to exercise these rights and privileges by the
unauthorized use of a distinctive license plate or a permanent or
temporary parking exemption placard issued pursuant to this article;
(5) to park or leave standing a motor vehicle in an area posted
as a 'NO PARKING' zone, emergency vehicle zone, fire zone, or
access aisles adjacent to the parking spaces for disabled persons;
(6) to park or leave standing a motor vehicle, in a manner as to
obstruct access or egress from a motor vehicle displaying a
distinguishing license plate or a permanent or temporary parking
exemption identification placard;
(7) to park or leave standing any motor vehicle, in such a
manner as to obstruct a curb ramp, or curb cutout or access path to or
from the ramp or curb cutout, specifically designed as a means of
access for disabled persons;
(8) to park a motor vehicle, other than a wheelchair vehicle that
displays either a distinguished license plate or a permanent or
temporary parking exemption identification placard issued pursuant
to this article, in an accessible parking space designated for
'WHEELCHAIR VEHICLE ONLY'.
(B) Whenever a law enforcement officer, security officer, or
trained volunteer parking specialist finds a vehicle in violation of a
provision contained in subsection (A) he may:
(1) impose a fine on the operator, owner or person in charge of
the vehicle;
(2) require the operator or other person in charge of the
offending vehicle to immediately move the unauthorized vehicle
from the parking space;
(3) require the vehicle parking in violation to be removed to a
lawful facility. Whenever a vehicle is removed pursuant to this
subitem to a storage lot, garage, or other safe parking space, the cost
of the removal and parking shall constitute a lien against the vehicle;
or
(4) in the case of flagrant violations, may apply both subitems
(1) and (3).
(C) When evidence is presented in a court of the fact that a motor
vehicle was found parked in a properly designated parking space for
disabled persons in violation of this section, it is prima facie evidence
that the vehicle was parked and left in the space by the person, firm,
or corporation in whose name the vehicle is registered and licensed.
(D) a person issued a county or municipal parking ticket by a law
enforcement officer, security, or parking specialist pursuant to this
article is charged with a noncriminal violation and shall comply with
the directions on the ticket. If payment or a written response is not
received within the time allowed, the county or municipal court shall
notify the registered owner of the vehicle that was cited, by mail to
the address shown on the motor vehicle registration record, of the
citations.
(E) The registered owner of a cited vehicle is responsible and
liable for payment of a parking ticket, unless the owner of the cited
vehicle can furnish evidence that the vehicle's use, at the time of the
parking violation was under the care, custody, and control of another
person. In this instance, the owner of the vehicle is required, within
a reasonable time after notification of the parking violation, to furnish
the appropriate law enforcement authority an affidavit setting forth
the name, address, and driver's license number of the person having
care, custody, and control of the vehicle at the time of the violation.
(F) An affidavit submitted pursuant to this section is admissible in
a proceeding charging a parking violation and raises the rebuttable
presumption that the individual named in the affidavit is responsible
for the payment of the parking citation. The owner of the vehicle is
not responsible for the payment if the vehicle at the time of the
parking violation was either stolen or under the care, custody, and
control of someone who did not have the owner's permission to use
the vehicle.
(G) A violation of this section may not be dismissed for the failure
of the markings on the parking space to comply with the provisions
of this article, if the space is in general compliance and clearly
distinguishable as a designated parking space.
(H) A violation of this section may not be dismissed for a vehicle's
failure to display the parking exemption identification placard when
parked in a designated parking space. The court shall impose a civil
penalty of one-half of the amount specified in subsection (I) upon
presentation of a parking permit issued for a person, who has a
disability, that was valid at the time of the violation and a sworn
affidavit from the holder of the parking permit stating that the holder
of the parking permit was either the driver or was being transported
in the vehicle cited at the time the violation occurred.
(I) A person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than one
hundred dollars and not more than two hundred fifty dollars or
imprisoned for not more than thirty days for each offense. For a
second or subsequent violation of this section, the person convicted
must serve forty hours of community service with a nonprofit
organization serving the disabled community or serving persons who
have disabling diseases or forty hours of any other community
service that may sensitize the violator to the needs and obstacles
faced daily by persons who have disabilities. The requirement for
community service is not waived by a plea of nolo contendere.
Funds collected as penalties under this section will be disposed of in
the following manner:
(1) one-third to be used to defray expenses for the
administration of this section; and
(2) two-thirds to be used to provide funds for the improvement
of accessibility and to provide funds for the improvement of
accessibility and to promote equal opportunity for those persons with
disabilities residing within the county or municipality collecting the
fines.
Section 56-3-1960. (A) A county or municipality may establish
a program for volunteer parking specialists to enforce state laws and
county and municipal ordinances that regulate parking for persons
who have disabilities. The volunteers must be at least twenty-one
years of age. The county, municipality, or its law enforcement
agencies may establish other qualifications necessary to serve as a
volunteer.
(B) A county or municipality, upon the petition of three or more
residents who have physical disabilities, at least annually, must
consider the establishment of a volunteer parking specialist program
under this section.
(C) A county or municipality that establishes a program of
volunteer parking specialists to enforce state laws and county and
municipal ordinances is responsible for the training of the volunteers
before certifying them as volunteer parking specialists.
(D) A volunteer parking specialist has the same authority to
enforce laws regulating accessible parking spaces for persons who
have disabilities as a law enforcement officer."
SECTION 2. Article 18, Chapter 3, Title 56 of the 1976 Code is
repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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