South Carolina General Assembly
115th Session, 2003-2004

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H. 4652

STATUS INFORMATION

General Bill
Sponsors: Reps. J. Brown, Cotty, Scott, Govan, Lourie, McLeod, Altman, Bailey, Bingham, Breeland, G. Brown, R. Brown, Clark, Clyburn, Harrison, J. Hines, M. Hines, Keegan, Lloyd, Martin, Merrill, Ott, E.H. Pitts, Toole and Whipper
Document Path: l:\council\bills\swb\5765cm04.doc

Introduced in the House on January 29, 2004
Introduced in the Senate on May 25, 2004
Last Amended on May 20, 2004
Currently residing in the Senate Committee on Transportation

Summary: Parking violations, handicapped parking

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/29/2004  House   Introduced and read first time HJ-33
   1/29/2004  House   Referred to Committee on Education and Public Works HJ-34
   5/13/2004  House   Committee report: Favorable with amendment Education and 
                        Public Works HJ-72
   5/17/2004          Scrivener's error corrected
   5/19/2004  House   Member(s) request name added as sponsor: Whipper
   5/19/2004  House   Requests for debate-Rep(s). Loftis, Leach, GR Smith, 
                        Hamilton, and Rice HJ-232
   5/19/2004  House   Requests for debate removed-Rep(s). Leach, Loftis, Rice, 
                        and GR Smith HJ-349
   5/19/2004  House   Debate adjourned until Thursday, May 20, 2004 HJ-349
   5/20/2004  House   Amended HJ-96
   5/20/2004  House   Read second time HJ-99
   5/20/2004  House   Unanimous consent for third reading on next legislative 
                        day HJ-99
   5/21/2004  House   Read third time and sent to Senate HJ-2
   5/24/2004          Scrivener's error corrected
   5/25/2004  Senate  Introduced and read first time SJ-10
   5/25/2004  Senate  Referred to Committee on Transportation SJ-10

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/29/2004
5/13/2004
5/17/2004
5/20/2004
5/24/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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Indicates New Matter

AMENDED

May 20, 2004

H. 4652

Introduced by Reps. J. Brown, Cotty, Scott, Govan, Lourie, McLeod, Altman, Bailey, Bingham, Breeland, G. Brown, R. Brown, Clark, Clyburn, Harrison, J. Hines, M. Hines, Keegan, Lloyd, Martin, Merrill, Ott, E.H. Pitts, Toole and Whipper

S. Printed 5/20/04--H.    [SEC 5/24/04 2:32 PM]

Read the first time January 29, 2004.

            

A BILL

TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE OPERATING RECORD POINT VIOLATION SYSTEM, SO AS TO PROVIDE THAT A UNIFORM PARKING VIOLATIONS TICKET ISSUED TO A PERSON WHOSE VEHICLE VIOLATES THE PRESCRIBED USE OF A PARKING SPACE MUST BE ASSESSED TWO POINTS AGAINST HIS MOTOR VEHICLE OPERATING RECORD; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED PLACARDS, SO AS TO ESTABLISH WHO MAY USE OR DISPLAY A HANDICAPPED PLACARD; TO PROVIDE THAT IT IS ILLEGAL TO FILE A FALSE APPLICATION TO OBTAIN A HANDICAPPED LICENSE PLATE OR PLACARD, AND TO PROVIDE THAT IT IS ILLEGAL TO DUPLICATE, FORGE, OR SELL A HANDICAPPED PLACARD OR LICENSE PLATE; TO AMEND SECTION 56-3-1970, AS AMENDED, RELATING TO PARKING ILLEGALLY IN A HANDICAPPED PARKING SPACE, SO AS TO INCREASE THE MAXIMUM FINE FOR A VIOLATION OF THIS PROVISION; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS, AND TO ALLOW LAW ENFORCEMENT OFFICERS TO ISSUE A UNIFORM PARKING VIOLATION TICKET TO AN OPERATOR OF A MOTOR VEHICLE WHICH IS A TWO POINT MOTOR VEHICLE OPERATING RECORD VIOLATION.

Amend Title To Conform

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

SECTION    1.    Article 18, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-1980.    (A)    A local jurisdiction may establish a citizens handicapped parking enforcement program to assist in the enforcement of handicapped parking laws.

(B)    A person appointed to a citizens handicapped parking enforcement program must:

(1)    be at least eighteen years of age;

(2)    successfully complete a State Law Enforcement Division criminal history background check;

(3)    successfully complete a handicapped parking enforcement training program established by the local jurisdiction; and

(4)    serve as a volunteer without compensation.

(C)    A person appointed to a citizens handicapped parking enforcement program who identifies an apparent violation of handicapped parking laws may collect information on the violation including vehicle identification information, the date, time, and location of the violation, and photographs of the violation, and then may submit the information to the local jurisdiction's appropriate law enforcement agency. Information and photographs collected may not be used for any purpose other than as evidence of a handicapped parking violation.

(D)    Upon identification of the owner of the vehicle, the law enforcement agency must send by registered mail, return receipt requested, to the owner a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the owner may contest the warning or citation. The owner is not responsible for the violation if the owner was not the person operating the vehicle at the time of the violation, and, within thirty days after notification of the violation, furnishes the law enforcement agency that issued the warning or citation an affidavit stating the name and address of the person operating the vehicle at the time of the violation. Upon identification of the person operating the vehicle at the time of the violation, the law enforcement agency must send by registered mail, return receipt requested, to the person a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the person may contest the warning or citation.

(E)    A person appointed to a citizens handicapped parking enforcement program is not an employee of the State nor any political subdivision of the State. Neither the State nor any subdivision of the State is liable for any injury to a person appointed to a citizens handicapped parking enforcement program. Neither the State nor any subdivision of the State is liable for any injury caused by a person appointed to a citizens handicapped parking enforcement program."

SECTION    2.    Section 56-3-1970 of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"Section 56-3-1970.    (A)    It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960. The parking space must be designated by a sign at a height clearly visible by the driver of a vehicle bearing the appropriate symbol for a handicapped parking space.

(B)    It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.

(C)    It is unlawful for a person or entity to file a false application to obtain a handicapped license plate or placard provided in Section 56-3-1960.

(D)    It is unlawful for a person or entity to illegally duplicate, forge, or sell a handicapped license plate or placard provided in Section 56-3-1960.

(E)    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 nor more than two hundred dollars or imprisoned for not more than thirty days for each offense."

SECTION    3.    Section 56-3-1971 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-1971.    All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to an operator of a motor vehicle or the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag driver's license or license plate number and recording the violations with the Department of Motor Vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department."

SECTION    4.    Section 56-3-1972 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-1972.    For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and issued to the operator of the vehicle or placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number."

SECTION    5.    This act takes effect upon approval by the Governor.

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