S*0320(Rat #0146, Act #0082)  General Bill, By Giese, Glover, Lander, 
Passailaigue and Setzler

Similar(H 3254)
 A Bill to amend Section 56-3-1910, Code of Laws of South Carolina, 1976,
 relating to issuance of special license tag for handicapped persons, so as to
 provide that an agency, organization, or facility that transports a
 handicapped or disabled person may obtain a special license tag for a vehicle
 designed to transport a handicapped or disabled person and that the agency,
 organization, or facility does not need to provide a certificate from a
 licensed physician; and to amend Section 56-3-1960, relating to free parking
 for handicapped persons, so as to revise the size and placement within the
 vehicle of the placard, provide for the issuance of a placard to an agency,
 organization, or facility that transports a handicapped or disabled person,
 and allow the issuance of a placard for persons temporarily disabled.-amended
 title

   01/27/93  Senate Introduced and read first time SJ-10
   01/27/93  Senate Referred to Committee on Transportation SJ-11
   03/10/93  Senate Committee report: Favorable with amendment
                     Transportation SJ-7
   03/11/93  Senate Amended SJ-29
   03/11/93  Senate Read second time SJ-31
   03/16/93  Senate Read third time and sent to House SJ-15
   03/17/93  House  Introduced and read first time HJ-7
   03/17/93  House  Referred to Committee on Education and Public
                     Works HJ-8
   04/27/93  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-7
   05/06/93  House  Debate adjourned until Tuesday, May 11, 1993 HJ-62
   05/11/93  House  Amended HJ-21
   05/11/93  House  Read second time HJ-38
   05/12/93  House  Read third time and returned to Senate with
                     amendments HJ-12
   05/17/93  Senate Concurred in House amendment and enrolled SJ-4
   06/10/93         Ratified R 146
   06/14/93         Signed By Governor
   06/14/93         Effective date 06/14/93
   06/24/93         Copies available

AN ACT TO AMEND SECTION 56-3-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF SPECIAL LICENSE TAGS FOR HANDICAPPED PERSONS, SO AS TO PROVIDE THAT AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON MAY OBTAIN A SPECIAL LICENSE TAG FOR A VEHICLE DESIGNED TO TRANSPORT A HANDICAPPED OR DISABLED PERSON AND THAT THE AGENCY, ORGANIZATION, OR FACILITY DOES NOT NEED TO PROVIDE A CERTIFICATE FROM A LICENSED PHYSICIAN; AND TO AMEND SECTION 56-3-1960, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO REVISE THE SIZE AND PLACEMENT WITHIN THE VEHICLE OF THE PLACARD, PROVIDE FOR THE ISSUANCE OF A PLACARD TO AN AGENCY, ORGANIZATION, OR FACILITY THAT TRANSPORTS A HANDICAPPED OR DISABLED PERSON, AND ALLOW THE ISSUANCE OF A PLACARD FOR PERSONS TEMPORARILY DISABLED.

Be it enacted by the General Assembly of the State of South Carolina:

Handicap license tag requirements

SECTION 1. Section 56-3-1910 of the 1976 Code is amended to read:

"Section 56-3-1910. Upon payment of the regular motor vehicle license fee, the South Carolina Department of Highways and Public Transportation 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."

Free parking for certain handicapped persons

SECTION 2. Section 56-3-1960 of the 1976 Code is amended to read:

"Section 56-3-1960. (1) Any person who is handicapped as defined in this article must be allowed to park in metered or timed parking places without being subject to parking fees or fines. This section has no application to those areas or during those times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege, a vehicle must display a distinguishing license plate which must be issued by the department, pursuant to this section, Section 56-3-1910, or Section 56-3-1110, for vehicles registered to the disabled person. The license plate must be issued for the usual fee applicable to standard license plates, except that a person who qualifies for a license plate under this section and also qualifies as a disabled veteran under Section 56-3-1110 must be issued the license plate provided for in this section free of charge. Application must be made on a form prescribed by the department and applicants may apply by mail. Each application must be accompanied by a certificate from a licensed physician as defined in Section 40-47-5 that the applicant is handicapped as defined in this article and that the handicap is permanent. No applicant may be denied a license plate if the completed application is accompanied by a certificate from a licensed physician as defined in Section 40-47-5 as required by this subsection.

(2) An agency, organization, or facility that transports a disabled or handicapped person or any person who is handicapped as defined in this article may apply to the department for issuance of a temporary or permanent distinguishing placard to be designed by the department. The department, if necessary, may design another distinguishing placard for an agency, organization, or facility that is eligible for a placard; however, all placards must be at least three inches by nine and one-half inches in size and must hang from the rearview mirror of a vehicle or be displayed on the driver's side dashboard when there is no hanging apparatus. The placard must be used on vehicles transporting the disabled person in lieu of the distinguishing license plate issued pursuant to subsection (1) of this section. When the placard is displayed on the driver's side dashboard of a vehicle, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to subsection (1) of this section are applicable to the vehicle. The department shall establish procedures for the issuance of distinguishing placards, and the procedures shall permit applicants to apply by mail. Each application must be accompanied by a certificate from a licensed physician as defined in Section 40-47-5 that the applicant is handicapped as defined in this article, except that a physician's certificate is not required for applications by an agency, organization, or facility which must include sufficient documentation as may be prescribed by the department that the applying agency, organization, or facility transports handicapped or disabled persons. The physician shall state on the certificate whether the applicant is handicapped temporarily or permanently. If the applicant is temporarily handicapped, the physician shall state the length of time for which the applicant is temporarily handicapped. A placard issued for a temporary disability is valid only for the anticipated length of time of the disability specified by the physician in the certificate. No applicant may be denied a placard if the applicant follows the procedures established by the department and if the completed application is accompanied by a certificate from a licensed physician as defined in Section 40-47-5, as required by this subsection. The department shall charge a fee of one dollar a placard and may issue two placards to an individual applicant upon request. An agency, organization, or facility may receive a placard for each vehicle registered upon payment of the appropriate fees.

The permanent placards may be issued and renewed only for a maximum period of four years renewable on the owner's birthdate; however, placards issued to an agency, organization, or facility must be renewed every four years. The placards must be of a color as determined by the department which is easily recognizable by law enforcement personnel. The placard shall indicate on its face when it expires.

(3) A vehicle displaying an out-of-state handicapped license plate or placard or other evidence of handicap issued by the appropriate authority as determined by the department is entitled to the parking privileges provided for in this section."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 14th day of June, 1993.