Read the full stored bill text
26.753.18 101st Legislative Session 1104
2026 South Dakota Legislature
House Bill 1104
ENROLLED
AN ACT
ENTITLED An Act to revise the application requirements for special license plates
and parking permits for individuals with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 32-5-76 be AMENDED:
32-5-76. An owner of a motor vehicle, who is a resident of this state, who has
complied with all the laws of this state in regards to the registration of a motor vehicle,
and who operates or directs the operation of the vehicle, may submit to the county
treasurer an application, on a form approved by the secretary, containing a certification
signed by any physician, physician assistant, chiropractor, physical therapist, or certified
nurse practitioner, licensed under title 36, stating that the applicant is an indivi dual with
a substantial physical disability that makes it impossible or causes substantial hardship to
walk. The certification must be within the practitioner's applicable scope of practice.
An owner of a motor vehicle, who is a resident of this state, who has complied with
all the laws of this state in regards to the registration of a motor vehicle, and who is the
parent or legal guardian of a dependent with a substantial physical disability and operates
the motor vehicle for the purpose of transporting the dependent, may submit to the county
treasurer an application, on a form approved by the secretary, containing a certification
signed by any physician, physician assistant, chiropractor, phy sical therapist, or certified
nurse practitioner, licensed under title 36, stating that the dependent has a substantial
physical disability that makes it impossible or causes substantial hardship to walk. The
certification must be within the practitioner's applicable scope of practice.
The secretary shall promulgate a rule, pursuant to chapter 1-26, defining an
individual with a substantial physical disability.
If the secretary determines that the applicant meets the criteria, the department
must issue and deliver to the applicant special plates with letters, numbers, or symbols,
or any combination thereof, as the secretary may prescribe. The special plates must be
26.753.18 2 1104
HB1104 ENROLLED
designed to readily apprise law enforcement officers of the fact that the motor vehicle is
owned by, operated by, or used in transporting an individual with a substantial physical
disability. No charge may be made for the issuance of the special plates.
The special plates are in lieu of the regular number plates issued for the motor
vehicle. The special plates must be displayed as set forth in § 32-5-98.
If the applicant is no longer an individual with or the parent or legal guardian of a
dependent with a substantial physical disability, or is deceased, the special plates must
be surrendered within thirty days, to the county treasurer of the applicant's re sidence.
The treasurer shall notify the secretary who shall make the necessary changes in the
registration file. The owner shall obtain regular number plates. Failure to surrender the
special license plates as required by this section is a Class 2 misdemeanor. It is a Class 1
misdemeanor to submit a false or fraudulent application.
Section 2. That § 32-5-76.1 be AMENDED:
32-5-76.1. Any individual who is a resident of this state with a substantial physical
disability that makes it impossible or causes substantial hardship to walk may be issued a
portable, serially numbered certificate by the secretary, which permits the person or the
operator of a vehicle being used in transporting the person to park without time limitation
pursuant to § 32-30-11.1 and to park in any space reserved for an individual with a
physical disability. The individual shall submit an application, on forms approved by the
secretary, containing a certification signed by any physician, physician assistant,
chiropractor, physical therapist, or certified nurse practitioner, licensed under title 36,
stating that the applicant meets the criteria established by this section. The certification
must be within the practitioner's applicable scope of practice. The forms must be
submitted t hrough the county treasurer's office. If the secretary determines that the
applicant meets the criteria, the secretary must issue a portable certificate to the
applicant.
The secretary shall promulgate rules, pursuant to chapter 1-26, governing the
application for, term of, and conditions under which certificates may be issued.
If the applicant is no longer an individual with a physical disability or is deceased,
the portable certificate must be surrendered to the county treasurer of the applicant's
residence within thirty days. The treasurer shall notify the secretary who shall make the
necessary changes in the file.
26.753.18 3 1104
HB1104 ENROLLED
Failure to surrender the portable certificate as required by this section is a Class 2
misdemeanor. It is a Class 1 misdemeanor to submit a false or fraudulent application or
to alter the portable certificate.
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