HF 268

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/21/2021 01:04pm

A bill for an act
relating to public safety; increasing penalties for violating disability parking space
prohibitions; amending Minnesota Statutes 2020, section 169.346, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 169.346, subdivision 3, is amended to read:

Subd. 3.

Misdemeanor; enforcement.

new text begin (a) new text end A person who violates subdivision 1 is guilty
of a misdemeanor and must be fined deleted text begin not less than $100 and not more than $200 deleted text end new text begin $400 new text end .

new text begin (b) A person who violates subdivision 1 a second time within two years is guilty of a
misdemeanor and must be fined $800.
new text end

new text begin (c) A person who violates subdivision 1 a third time within two years is guilty of a
misdemeanor and must be fined $1,000.
new text end

new text begin (d) A person who violates subdivision 1 a fourth time or more within two years is guilty
of a misdemeanor and must be fined $1,000, and the local authority shall impound the
person's vehicle pursuant to chapter 168B.
new text end

new text begin (e) new text end This subdivision must be enforced in the same manner as parking ordinances or
regulations in the governmental subdivision in which the violation occurs. Law enforcement
officers may tag motor vehicles parked on either private or public property in violation of
subdivision 1. Parking enforcement employees or agents of statutory or home rule charter
cities or towns may tag or otherwise issue citations for motor vehicles parked on public
property in violation of subdivision 1.

new text begin (f) new text end If a holder of a disability certificate or disability plates allows a person who is not
otherwise eligible to use the certificate or plates, then the holder is not eligible to be issued
or to use a disability certificate or plates for 12 months after the date of violation. new text begin A person
who uses a disability certificate or disability plates under this paragraph and is not
transporting or parking a motor vehicle for a physically disabled person is guilty of identity
theft and shall be punished pursuant to section 609.527, subdivision 3.
new text end

new text begin (g) new text end Except when the permit or certificate is expired by, or is otherwise invalid for, more
than 90 days, a physically disabled person, or a person parking a motor vehicle for a disabled
person, who is charged with violating subdivision 1 because the person parked in a parking
space for physically disabled persons without the required certificate, license plates, or
permit must not be convicted if the person (1) produces in court or before the court
appearance the required certificate, permit, or evidence that the person has been issued
plates under section 168.021, (2) surrenders the expired permit or certificate, and (3)
demonstrates entitlement to the certificate, plates, or permit at the time of arrest or tagging.
To be valid, the certificate or permit must show that it is owned by the same person that
owned the expired certificate or permit displayed at the time the tag was issued.

new text begin (h) new text end The registered vehicle owner is subject to the provisions of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
that occur on or after that date. Enhanced penalties for subsequent violations under this
section apply only to first violations that occur on or after August 1, 2021.
new text end