Minnesota Legislature
HF 3420
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/12/2024 12:01pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/01/2024 |
Current Version - as introduced
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A bill for an act
relating to transportation; modifying disability parking privilege eligibility to
include persons with a developmental disability under certain circumstances;
revising terminology; making technical changes; amending Minnesota Statutes
2022, sections 168.021, as amended; 169.345, subdivisions 1, 2a, 3; 169.346,
subdivisions 1, 1a, 2, 3, 4; Minnesota Statutes 2023 Supplement, section 169.345,
subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 168.021, as amended by Laws 2023, chapter
68, article 4, section 128, is amended to read:
168.021 PLATES FOR deleted text begin PHYSICALLY DISABLEDdeleted text end PERSONSnew text begin WITH A
DISABILITYnew text end .
Subdivision 1.
deleted text begin Disability plates;deleted text end Applicationnew text begin and issuancenew text end .
(a) When a motor vehicle
registered under section 168.017, a motorcycle, a motorized bicycle, a one-ton pickup truck,
or a self-propelled recreational vehicle is owned or primarily operated by a deleted text begin permanently
physically disableddeleted text end personnew text begin with a permanent disabilitynew text end or a custodial parent or guardian of
a deleted text begin permanently physically disableddeleted text end personnew text begin with a permanent disabilitynew text end , the owner may apply
for and secure from the commissioner (1) immediately, a temporary permit valid for 30
days deleted text begin if the applicant is eligible for the disability plates issued under this sectiondeleted text end and (2) deleted text begin twodeleted text end
disability plates deleted text begin with attached emblems, one plate to be attached to the front, and one to the
rear of the motor vehicle, truck, or recreational vehicle,deleted text end or, in the case of a motorcycle or a
motorized bicycle, one disability plate deleted text begin the same size as a regular motorcycle platedeleted text end .
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end not issue more than one plate to the owner of a
motorcycle or a motorized bicycle and not more than one set of plates to any owner of
another vehicle described in paragraph (a) at the same time unless the state Council on
Disability approves the issuance of a second plate or set of plates to an owner.
(c) When the owner first applies for the disability plate or plates, the owner must submit
a medical statement in a format approved by the commissioner under section 169.345, or
proof of deleted text begin physicaldeleted text end disability provided for in that section.
(d) No medical statement or proof of disability is required when an owner applies for a
plate or plates for one or more vehicles listed in paragraph (a) that are specially modified
for and used exclusively by deleted text begin permanently physically disableddeleted text end personsnew text begin with a permanent
disabilitynew text end .
(e) The owner of a vehicle listed in paragraph (a) may apply for and secure (i)
immediately, anew text begin temporarynew text end permit valid for 30 days, deleted text begin if the applicant is eligible to receive the
disability plate or plates issued under this section,deleted text end and (ii) a disability plate or plates for the
vehicle if:
(1) the owner employs a deleted text begin permanently physically disableddeleted text end personnew text begin with a permanent
disabilitynew text end who would qualify for the disability plate or plates under this section; and
(2) the owner furnishes the motor vehicle to the deleted text begin physically disableddeleted text end personnew text begin with a
permanent disabilitynew text end for the exclusive use of that person in the course of employment.
Subd. 1a.
Scope of privilege.
If a deleted text begin physically disableddeleted text end personnew text begin with a permanent disabilitynew text end
parks a vehicle described in subdivision 1, displaying the disability plate or plates described
in this section, or anew text begin temporarynew text end permit deleted text begin valid for 30 days and issued to an eligible person
awaiting receipt of the disability plate or plates described in this sectiondeleted text end , or any person parks
the motor vehicle for a deleted text begin physically disableddeleted text end personnew text begin with a permanent disabilitynew text end , that person
is entitled to park the motor vehicle as provided in section 169.345.
Subd. 2.
Plate design; furnished by commissioner.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end design
and furnish two disability plates, or one disability plate for a motorcycle or a motorized
bicycle that is the same size as a regular motorcycle plate, with attached emblem or emblems
to an eligible owner. The emblem must bear the internationally accepted wheelchair symbol,
as designated in section 326B.106, subdivision 9, approximately three inches square. The
emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant
eligible for a disability plate or plates deleted text begin shalldeleted text end new text begin mustnew text end pay the motor vehicle registration fee
authorized by sections 168.013 and 168.09.
Subd. 2a.
Plate transfer.
(a) When ownership of a vehicle described in subdivision 1deleted text begin ,deleted text end
is transferred, the owner of the vehicle deleted text begin shalldeleted text end new text begin mustnew text end remove the disability plate or plates. The
buyer of the motor vehicle is entitled to receive a regular plate or plates for the vehicle
without further cost for the remainder of the registration period.
(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates may be
transferred to a replacement vehicle on notification to the commissioner. However, the
disability plate or plates may not be transferred unless the replacement vehicle (1) is listed
under section 168.012, subdivision 1, and, innew text begin thenew text end case of a single plate for a motorcycle or
a motorized bicycle, the replacement vehicle is a motorcycle or a motorized bicycle, and
(2) is owned or primarily operated by the deleted text begin permanently physically disableddeleted text end personnew text begin with a
permanent disabilitynew text end .
Subd. 2b.
When not eligible.
On becoming ineligible for the disability plate or plates,
the owner of the motor vehicle deleted text begin shalldeleted text end new text begin mustnew text end remove the disability plate or plates. The owner
may receive regular plates for the vehicle without further cost for the remainder of the
registration period.
Subd. 3.
Penalties for unauthorized use of plates.
(a) A person who uses the disability
plate or plates ornew text begin temporarynew text end permit provided under this section on a motor vehicle in violation
of this section is guilty of a misdemeanor, and is subject to a fine of $500.
new text begin (b) new text end This subdivision does not preclude a person who is not deleted text begin physicallydeleted text end disabled from
operating a vehicle bearing the disability plates or permit if:
(1) the person is the owner of the vehicle described in subdivision 1 and permits its
operation by a deleted text begin physically disableddeleted text end personnew text begin with a physical disabilitynew text end ;
(2) the person operates the vehicle with the consent of the owner who is deleted text begin physically
disableddeleted text end new text begin a person with a physical disabilitynew text end ; or
(3) the person is the owner of the vehicle, is the custodial parent or guardian of a
deleted text begin permanently physically disableddeleted text end minornew text begin with a permanent physical disabilitynew text end , and operates
the vehicle to transport the minor.
deleted text begin (b)deleted text end new text begin (c)new text end A driver who is not disabled is not entitled to the parking privileges provided in
this section and in section 169.346 unless parking the vehicle for a deleted text begin physically disableddeleted text end
personnew text begin with a disabilitynew text end .
Subd. 4.
Fees; disposition.
All fees collected from the sale of a disability plate or plates
under this section must be deposited in the state treasury to the credit of the driver and
vehicle services operating account under section 299A.705, subdivision 1.
Subd. 5.
Definitions.
new text begin (a) new text end For the purposes of this section, the deleted text begin termdeleted text end new text begin following terms have
the meanings given.
new text end
new text begin (b)new text end "deleted text begin physically disableddeleted text end Personnew text begin with a permanent disabilitynew text end " deleted text begin has the meaning given itdeleted text end new text begin
means a person with a disability, as definednew text end in section 169.345, subdivision 2new text begin , whose
disability is likely to continue indefinitelynew text end .
new text begin
(c) "Temporary permit" means a permit issued to an eligible person who is awaiting
receipt of the disability plate or plates as provided in this section.
new text end
Subd. 6.
Driver's license law not affected.
This section must not be construed to revoke,
limit, or amend chapter 171.
Sec. 2.
Minnesota Statutes 2022, section 169.345, subdivision 1, is amended to read:
Subdivision 1.
Scope of privilege.
(a) A vehicle described in section 168.021, subdivision
1, paragraph (a), that prominently displays the certificate authorized by this section or that
bears the disability plate or plates issued under section 168.021 may be parked by or solely
for the benefit of a deleted text begin physically disableddeleted text end personnew text begin with a disabilitynew text end :
(1) in a designated parking space for deleted text begin disableddeleted text end personsnew text begin with a disabilitynew text end , as provided in
section 169.346;
(2) in a metered parking space without obligation to pay the meter fee and without time
restrictions unless time restrictions are separately posted on official signs; and
(3) without time restrictions in a nonmetered space where parking is otherwise allowed
for passenger vehicles but restricted to a maximum period of time and that does not
specifically prohibit the exercise of disabled parking privileges in that space.
A person may park the vehicle for a deleted text begin physically disableddeleted text end personnew text begin with a disabilitynew text end in a parking
space described in clause (1) or (2) only when actually transporting the deleted text begin physically disableddeleted text end
personnew text begin with a disabilitynew text end for the sole benefit of that person and when the parking space is
within a reasonable distance from the drop-off point.
(b) For purposes of this subdivision, a certificate is prominently displayed if it is displayed
so that it may be viewed from the front and rear of the motor vehicle by hanging it from the
rearview mirror attached to the front windshield of the motor vehicle or, in the case of a
motorcycle or a motorized bicycle, is secured to the vehicle. If there is no rearview mirror
or if the certificate holder's disability precludes placing the certificate on the mirror, the
certificate must be displayed on the dashboard of the vehicle. No part of the certificate may
be obscured.
(c) Notwithstanding paragraph (a), clauses (1), (2), and (3), this section does not permit
parking in areas prohibited by sections 169.32 and 169.34, in designated no parking spaces,
or in parking spaces reserved for specified purposes or vehicles. A local governmental unit
may, by ordinance, prohibit parking on any street or highway to create a fire lane, or to
accommodate heavy traffic during morning and afternoon rush hours and these ordinances
also apply to deleted text begin physically disableddeleted text end personsnew text begin with a disabilitynew text end .
Sec. 3.
Minnesota Statutes 2023 Supplement, section 169.345, subdivision 2, is amended
to read:
Subd. 2.
Definitions.
(a) For the purpose of section 168.021 and this section, the following
terms have the meanings given deleted text begin them in this subdivisiondeleted text end .
(b) "Health professional" means a licensed physician, licensed physician assistant,
advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.
(c) "Long-term certificate" means a certificate issued for a period greater than 12 months
but not greater than 71 months.
(d) "Organization certificate" means a certificate issued to an entity other than a natural
person for a period of three years.
(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.
new text begin
(f) "Person with a developmental disability" has the meaning given in section 252A.02,
subdivision 2, except that the term includes a person of any age. Person with a developmental
disability includes but is not limited to a person diagnosed with autism spectrum disorder.
new text end
new text begin
(g) "Person with a disability" means a person with a physical disability, a person with
a developmental disability, or both.
new text end
deleted text begin (f)deleted text end new text begin (h)new text end "deleted text begin Physically disableddeleted text end Personnew text begin with a physical disabilitynew text end " means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker, a cane,
crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less than
one liter;
(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;
(6) uses portable oxygen;
(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;
(8) has lost an arm or a leg and does not have or cannot use an artificial limb;
(9) has a disability that would be aggravated by walking 200 feet under normal
environmental conditions to an extent that would be life threatening; or
(10) is legally blind.
deleted text begin (g)deleted text end new text begin (i)new text end A pregnant person experiencing any of the conditions described in paragraph deleted text begin (f)deleted text end new text begin
(h)new text end is eligible for parking privileges pursuant to this section.
deleted text begin (h)deleted text end new text begin (j)new text end "Short-term certificate" means a certificate issued for a period greater than six
months but not greater than 12 months.
deleted text begin (i)deleted text end new text begin (k)new text end "Six-year certificate" means a certificate issued for a period of six years.
deleted text begin (j)deleted text end new text begin (l)new text end "Temporary certificate" means a certificate issued for a period not greater than
six months.
Sec. 4.
Minnesota Statutes 2022, section 169.345, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Health professional'sdeleted text end Medical statement.
(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
develop a format for the medical statement. The medical statement must be signed bynew text begin : (1)new text end
a health professional who certifies that the applicant is a deleted text begin physically disableddeleted text end person deleted text begin as
defined in subdivision 2deleted text end new text begin with a physical disability; or (2) a licensed physician, licensed
physician assistant, or advanced practice registered nurse who certifies that the applicant is
a person with a developmental disability who has an increased likelihood of experiencing
unsafe parking or traffic conditions due to the applicant's disabilitynew text end . The commissioner may
request additional information from the health professional if needed to verify the applicant's
eligibility. The medical statement deleted text begin that the applicant is a physically disabled persondeleted text end must
specify whether the disability is permanent or temporary and, if temporary, the opinion of
the health professional as to the duration of the disability.
new text begin (b)new text end A health professional who fraudulently certifies to the commissioner that a person
is a deleted text begin physically disableddeleted text end person deleted text begin as defined in subdivision 2deleted text end new text begin with a disabilitynew text end , and that the
person is entitled to the disability plates authorized by section 168.021 or to the certificate
authorized by this section, is guilty of a misdemeanor and is subject to a fine of $500.
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may waive the requirement of providing anew text begin medicalnew text end statement
deleted text begin of a health professionaldeleted text end if the applicant has previously filednew text begin a medical statementnew text end with the
commissioner deleted text begin a statement of a health professionaldeleted text end certifying that the applicant has a
permanent deleted text begin physicaldeleted text end disability.
Sec. 5.
Minnesota Statutes 2022, section 169.345, subdivision 3, is amended to read:
Subd. 3.
Identifying certificate.
(a) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end issue (1) immediately,
a permit valid for 30 days if the person is eligible for the certificate issued under this section
and (2) an identifying certificate for a vehicle described in section 168.021, subdivision 1,
paragraph (a), when deleted text begin a physically disableddeleted text end new text begin annew text end applicant submits deleted text begin proof of physical disabilitydeleted text end new text begin
a medical statement as providednew text end under subdivision 2a. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end design
separate certificates for persons with permanent and temporary disabilities that can be readily
distinguished from each other from outside a vehicle at a distance of 25 feet or, in the case
of a motorcycle or a motorized bicycle, can be readily secured to the motorcycle or motorized
bicycle. An applicant may be issued up to two certificates if the applicant has not been
issued disability plates under section 168.021.
(b) The operator of a vehicle displaying a certificate has the parking privileges provided
in subdivision 1 only while the vehicle is actually parked while transporting a deleted text begin physically
disableddeleted text end personnew text begin with a disabilitynew text end .
(c) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end cancel all certificates issued to an applicant who fails
to comply with the requirements of this subdivision.
Sec. 6.
Minnesota Statutes 2022, section 169.346, subdivision 1, is amended to read:
Subdivision 1.
Disability parking space prohibitions.
A person deleted text begin shalldeleted text end new text begin mustnew text end not:
(1) park a motor vehicle in or obstruct access to a parking space or associated access
aisle designated and reserved for deleted text begin the physically disableddeleted text end new text begin persons with a disability as defined
in section 169.345, subdivision 2new text end , on either private or public property;
(2) park a motor vehicle in or obstruct access to an area designated by a local
governmental unit as a transfer zone for deleted text begin disableddeleted text end personsnew text begin with a disabilitynew text end ;
(3) alter a certificatenew text begin issued under section 169.345new text end ;
(4) exercise the parking privilege provided in section 169.345, unless:
(i) that person is a deleted text begin physically disableddeleted text end personnew text begin with a disabilitynew text end as defined in section
169.345, subdivision 2, or the person is transporting or parking a motor vehicle for a
deleted text begin physically disableddeleted text end personnew text begin with a disabilitynew text end ; and
(ii) the motor vehicle visibly displays one of the following: a disability plate issued under
section 168.021, a certificate issued under section 169.345, a permit valid for 30 days issued
under section 168.021 or 169.345, or an equivalent certificate, insignia, or plate issued by
another state, a foreign country, or one of its political subdivisions; or
(5) park a motor vehicle in an area used as a regular route transit stopping point where
a transit vehicle that is accessible to deleted text begin the physically disableddeleted text end new text begin persons with a physical disabilitynew text end
regularly stops and a sign that bears the international symbol of access in white on blue is
posted. A sign posted under this clause may display other information relating to the regular
route transit service. For purposes of this clause, an area used as a regular route transit
stopping point consists of the 80 feet immediately preceding the sign described in this clause.
Sec. 7.
Minnesota Statutes 2022, section 169.346, subdivision 1a, is amended to read:
Subd. 1a.
Disability parking when designated spaces occupied or unavailable.
In
the event the designated disability parking spaces are either occupied or unavailable, a
vehicle bearing a valid disability parking certificate issued under section 169.345 or license
plates for deleted text begin physically disableddeleted text end personsnew text begin with a disabilitynew text end under section 168.021 may park at
an angle and occupy two standard parking spaces.
Sec. 8.
Minnesota Statutes 2022, section 169.346, subdivision 2, is amended to read:
Subd. 2.
Disability parking space signs.
(a) Parking spaces reserved for deleted text begin physically
disableddeleted text end personsnew text begin with a disabilitynew text end must be designated and identified by the posting of signs
incorporating the international symbol of access in white on blue and indicating that violators
are subject to a fine of up to $200. These parking spaces are reserved for disabled persons
with motor vehicles displaying the required certificate, plates, permit valid for 30 days, or
insignia.
(b) For purposes of this subdivision, a parking space that is clearly identified as reserved
for deleted text begin physically disableddeleted text end personsnew text begin with a disabilitynew text end by a permanently posted sign that does not
meet all design standards, is considered designated and reserved for deleted text begin physically disableddeleted text end
personsnew text begin with a disabilitynew text end . A sign posted for the purpose of this section must be visible from
inside a motor vehicle parked in the space, be kept clear of snow or other obstructions which
block its visibility, and be nonmovable.
Sec. 9.
Minnesota Statutes 2022, 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 not less than $100 and not more than $200. This
subdivision must be enforced in the same manner as parking ordinances or regulations in
the governmental subdivision in which the violation occurs.
new text begin (b)new text end 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 (c)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 (d)new text end Except when the permit or certificate is expired by, or is otherwise invalid for, more
than 90 days, a deleted text begin physically disableddeleted text end personnew text begin with a disabilitynew text end , or a person parking a motor
vehicle for a deleted text begin disableddeleted text end personnew text begin with a disabilitynew text end , who is charged with violating subdivision 1
because the person parked in a parking spacenew text begin reservednew text end for deleted text begin physically disableddeleted text end personsnew text begin with
a disabilitynew text end 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. The registered vehicle owner is subject to the
provisions of this subdivision.
Sec. 10.
Minnesota Statutes 2022, section 169.346, subdivision 4, is amended to read:
Subd. 4.
Local ordinance; citizen enforcement program.
new text begin (a) new text end A statutory or home rule
charter city may, by ordinance, establish a program to enforce the parking restrictions of
this section or any similar local ordinance, relating to parking spaces for deleted text begin the physically
disableddeleted text end new text begin persons with a disabilitynew text end , by using citizen volunteers to issue citations to violators.
The ordinance deleted text begin shalldeleted text end new text begin mustnew text end contain a process for training program participants in the
requirements of the law, the method of issuing citations, and other related matters.
new text begin (b)new text end Program participants who satisfy the training requirements of the ordinance are
authorized to issue citations for violations of this section and are exempt from any other
training or licensure requirements imposed on law enforcement officers by chapter 626.
Sec. 11. new text begin REVISOR INSTRUCTION.
new text end
new text begin
Wherever the terms appear in Minnesota Statutes, sections 13.69, 85.053, 168.002,
168.021, 168.125, and 169.345, the revisor of statutes must change the following: (1)
"physically disabled person" to "person with a physical disability"; (2) "physically disabled
persons" to "persons with a physical disability"; (3) "permanently physically disabled person"
to "person with a permanent physical disability"; and (4) "permanently physically disabled
persons" to "persons with a permanent physical disability." The revisor must make any
necessary grammatical changes or changes to sentence structure necessary to preserve the
meaning of the text as a result of the changes.
new text end