The amendment changes terminology throughout the bill from "person" to "individual" and removes references to "physician's certificate" while clarifying that certifications can be signed by various licensed healthcare providers (physicians, physician assistants, chiropractors, physical therapists, or certified nurse practitioners). These changes STRENGTHEN the bill by broadening who can certify disabilities and simplifying language, while also making minor grammatical corrections (like "dependant" to "dependent" and "shall" to "must").
26.753.17 26.753.18 101st Legislative Session 1104 2026 South Dakota Legislature House Bill 1104 Introduced by: Representative Mulder Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise the application requirements for special license plates and parking 1 permits for individuals with disabilities. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 32-5-76 be AMENDED: 4 32-5-76. An owner of a motor vehicle, who is a resident of this state, who has 5 complied with all the laws of this state in regards to the registration of a motor vehicle, 6 and who operates or directs the operation of the vehicle, may submit to the county 7 treasurer an application containing a physician's certificate, application, on a form approved by the 8 secretary, containing a certification signed by any physician, physician assistant, 9 chiropractor, physical therapist, or certified nurse practitioner, licensed under title 36, 10 stating that the applicant is a person an individual with a substantial physical disability 11 that makes it impossible or causes substantial hardship to walk. The certification must be 12 within the practitioner's applicable scope of practice. 13 An owner of a motor vehicle, who is a resident of this state, who has complied with 14 all the laws of this state in regards to the registration of a motor vehicle, and who is the 15 parent or legal guardian of a dependant dependent with a substantial physical disability 16 and operates the motor vehicle for the purpose of transporting the dependent, may submit 17 to the county treasurer an application, containing a physician's certificate on a form 18 approved by the secretary, containing a certification signed by any physician, physician 19 assistant, chiropractor, physical therapist, or certified nurse practitioner, licensed under 20 title 36, stating that the dependent has a substantial physical disability that makes it 21 impossible or causes substantial hardship to walk. The certification must be within the 22 practitioner's applicable scope of practice. 23 The secretary shall promulgate a rule, pursuant to chapter 1-26, defining a person 24 an individual with a substantial physical disability. 25 26.753.17 2 1104 Underscores indicate new language. Overstrikes indicate deleted language. TheIf If the secretary determines that the applicant meets the criteria, the 1 department shall must issue and deliver to the applicant special plates with letters, 2 numbers, or symbols, or any combination thereof, as the secretary may prescribe. The 3 special plates shall must be 26.753.18 2 1104 HB1104 ENROLLED designed to readily apprise law enforcement officers of the 4 fact that the motor vehicle is owned by, operated by, or used in transporting a person an 5 individual with a substantial physical disability. No charge may be made for the issuance 6 of the special plates. 7 The special plates shall be are in lieu of the regular number plates issued for the 8 motor vehicle. The special plates shall must be displayed as set forth in § 32-5-98. 9 If the applicant is no longer a person an individual with or the parent or legal 10 guardian of a dependent with a substantial physical disability, or is deceased, the special 11 plates shall must be surrendered within thirty days, to the county treasurer of the 12 applicant's residence. The treasurer shall notify the secretary who shall make the 13 necessary changes in the registration file. The owner shall obtain regular number plates. 14 Failure to surrender the special license plates as required by this section is a Class 2 15 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application. 16 Section 2. That § 32-5-76.1 be AMENDED: 17 32-5-76.1. Any person individual who is a resident of this state and is a person 18 with a substantial physical disability so that makes it impossible or causes substantial 19 hardship to walk may be issued a portable, serially numbered certificate by the secretary, 20 which permits the person or the operator of a vehicle being used in transporting the person 21 to park without time limitation pursuant to § 32-30-11.1 and to park in any space reserved 22 for a person an individual with a physical disability. The person individual shall submit an 23 application containing a physician's certificate, application, on forms approved by the secretary to 24 prove that the person, secretary, containing a certification signed by any physician, physician 25 assistant, chiropractor, physical therapist, or certified nurse practitioner, licensed under 26 title 36, stating that the applicant meets the criteria established by this section. The 27 certification must be within the practitioner's applicable scope of practice. The forms must 28 be submitted through the county treasurer's office. If the secretary determines that the 29 applicant meets the criteria, the secretary shall must issue a portable certificate to the 30 applicant. 31 The secretary shall promulgate rules, pursuant to chapter 1-26, governing the 32 application for, term of, and conditions under which such certificates may be issued. 33 26.753.17 3 1104 Underscores indicate new language. Overstrikes indicate deleted language. If the applicant is no longer a person an individual with a physical disability or is 1 deceased, the portable certificate shall must be surrendered to the county treasurer of the 2 applicant's residence within thirty days, and the. days. The treasurer shall notify the secretary 3 who shall make the necessary changes in the file. 4 26.753.18 3 1104 HB1104 ENROLLED Failure to surrender the portable certificate as required by this section is a Class 2 5 misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application or 6 to alter the portable certificate. 7 26.753.18 4 1104 HB1104 ENROLLED An Act to revise the application requirements for special license plates and parking permits for individuals with disabilities. I certify that the attached Act originated in the: House as Bill No. 1104 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1104 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State