Current Status Introducing Body:
SenateBill Number: 320Ratification Number: 146Act Number: 82Primary Sponsor: GieseType of Legislation: GBSubject: Handicapped, transportation provisionsCompanion Bill Number: 3254Date Bill Passed both Bodies: 19930517Computer Document Number: DKA/4178AL.93Governor's Action: SDate of Governor's Action: 19930614Introduced Date: 19930127Date of Last Amendment: 19930511Last History Body: ------Last History Date: 19930614Last History Type: Act No. 82Scope of Legislation: StatewideAll Sponsors: Giese Passailaigue Glover Lander SetzlerType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 320 ------ 19930614 Act No. 82 320 ------ 19930614 Signed by Governor 320 ------ 19930610 Ratified R 146 320 Senate 19930517 Concurred in House amendment, enrolled for ratification 320 House 19930512 Read third time, returned with amendment 320 House 19930511 Amended, read second time 320 House 19930506 Debate adjourned until Tuesday, 19930511 320 House 19930427 Committee Report: Favorable 21 with amendment 320 House 19930317 Introduced, read first time, 21 referred to Committee 320 Senate 19930316 Read third time, sent to House 320 Senate 19930311 Amended, read second time 320 Senate 19930310 Committee Report: Favorable 15 with amendment 320S Senate 19930127 Introduced, read first time, 15 referred to CommitteeView additional legislative information at the LPITS web site.
(A82, R146, S320)
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."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 14th day of June, 1993.