HF 1461

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; modifying and simplifying
provisions related to parking for persons with
disabilities; making technical and clarifying changes;
amending Minnesota Statutes 2004, sections 85.052,
subdivision 3; 85.053, subdivision 7; 168.011,
subdivision 4, by adding a subdivision; 168.021;
168.33, subdivision 8; 169.345; 169.346, subdivisions
1, 2, 2a, 3.

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

Section 1.

Minnesota Statutes 2004, section 85.052,
subdivision 3, is amended to read:

Subd. 3.

Fee for certain parking and campsite use.

(a)
An individual using spaces in state parks under subdivision 1,
clause (2), shall be charged daily rates determined and set by
the commissioner in a manner and amount consistent with the type
of facility provided for the accommodation of guests in a
particular park and with similar facilities offered for tourist
camping and similar use in the area.

(b) The fee for special parking spurs, campgrounds for
automobiles, sites for tent camping, and special auto trailer
coach parking spaces is one-half of the fee set in paragraph (a)
on Sunday through Thursday of each week for a physically
deleted text begin handicapped deleted text end new text begin disabled new text end person:

(1) with a motor vehicle that has deleted text begin special deleted text end new text begin disability new text end plates
issued under section 168.021, subdivision 1; or

(2) who possesses a certificate issued under section
169.345 deleted text begin , subdivision 3 deleted text end .

Sec. 2.

Minnesota Statutes 2004, section 85.053,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin handicapped deleted text end new text begin disabled new text end persons.

(a) The
commissioner shall prescribe and issue special state park
permits for:

(1) a physically deleted text begin handicapped deleted text end new text begin disabled new text end person with a motor
vehicle (i) that has deleted text begin special deleted text end new text begin disability new text end plates issued under
section 168.021, subdivision 1, or (ii) who has a permanent
disability certificate issued under section 169.345 deleted text begin , subdivision
3, deleted text end and who can demonstrate proof of ownership of the vehicle for
which the state park permit is being purchased or proof of a
leasehold interest in the vehicle for a term at least as long as
the term of the permit; and

(2) a physically deleted text begin handicapped deleted text end new text begin disabled new text end person who: (i) does
not own or operate a motor vehicle; (ii) possesses a statement
certified under section 169.345, subdivision 2a; and (iii)
applies to the commissioner in writing.

(b) Except for vehicles permitted under paragraph (a),
clause (2), the permit or the decal issued under this
subdivision is valid only when displayed on a vehicle owned and
occupied by the person to whom the permit is issued.

Sec. 3.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the
commissioner of the Minnesota Department of Public Safety.
new text end

Sec. 4.

Minnesota Statutes 2004, section 168.011,
subdivision 4, is amended to read:

Subd. 4.

Motor vehicle.

(a) "Motor vehicle" means any
self-propelled vehicle designed and originally manufactured to
operate primarily deleted text begin upon public roads and deleted text end new text begin on new text end highways, and not
operated exclusively upon railroad tracks. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails. It does not include snowmobiles,
manufactured homes, or park trailers.

(b) "Motor vehicle" deleted text begin also deleted text end includes an all-terrain vehicle deleted text begin ,
as defined in section 84.92, subdivision 8, that deleted text end new text begin only if the
all-terrain vehicle new text end (1) has at least four wheels, (2) is owned
and operated by a physically disabled person, and (3) displays
both deleted text begin physically disabled license deleted text end new text begin disability new text end plates and a
physically disabled certificate issued under section 169.345 deleted text begin ,
subdivision 3 deleted text end .

(c) "Motor vehicle" does not include an all-terrain vehicle
deleted text begin as defined in section 84.92, subdivision 8; deleted text end except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985. The owner may continue to license an all-terrain vehicle
described in clause (2) as a motor vehicle until it is conveyed
or otherwise transferred to another owner, is destroyed, or
fails to comply with the registration and licensing requirements
of this chapter.

(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.

Sec. 5.

Minnesota Statutes 2004, section 168.021, is
amended to read:

168.021 deleted text begin LICENSE deleted text end PLATES FOR PHYSICALLY DISABLED PERSONS.

Subdivision 1.

deleted text begin special deleted text end new text begin disability new text end plates; application.

(a) When a motor vehicle registered under section 168.017, a
motorcycle, a truck having a manufacturer's nominal rated
capacity of one ton and resembling a pickup truck, or a
self-propelled recreational vehicle is owned or primarily
operated by a permanently physically disabled person or a
custodial parent or guardian of a permanently physically
disabled minor, the owner may apply for and secure from
the deleted text begin registrar of motor vehicles deleted text end new text begin commissioner new text end (1) immediately, a
temporary permit valid for 30 days deleted text begin , deleted text end if the applicant is eligible
for the deleted text begin special deleted text end new text begin disability new text end plates issued under this
deleted text begin paragraph, deleted text end new text begin section new text end and (2) two deleted text begin license deleted text end new text begin disability new text end plates with
attached emblems, one plate to be attached to the front, and one
to the rear of the new text begin motor new text end vehicle.

new text begin (b) The commissioner shall not issue more than one set of
plates to any owner of a motor vehicle at the same time unless
all motor vehicles have been specifically modified for and are
used exclusively by a permanently physically disabled person.
new text end

new text begin (c) new text end When the owner first applies for the new text begin disability new text end plates,
the owner must submit a deleted text begin physician's deleted text end new text begin medical new text end statement deleted text begin on a form
developed deleted text end new text begin in a format approved new text end by the commissioner under section
169.345, or proof of physical disability provided for in that
section deleted text begin , except that deleted text end new text begin .
new text end

new text begin (d) new text end No deleted text begin physician's deleted text end new text begin medical new text end statement or proof of disability
is required when an owner new text begin of a motor vehicle new text end applies for plates
for one or more deleted text begin commercial deleted text end motor vehicles that are specially
modified for and used exclusively by permanently physically
disabled persons.

deleted text begin (b) deleted text end new text begin (e) new text end The owner of a motor vehicle may apply for and
secure (i) immediately, a deleted text begin temporary deleted text end permit valid for 30 days, if
the deleted text begin person deleted text end new text begin applicant new text end is eligible to receive the deleted text begin special
deleted text end new text begin disability new text end plates issued under this deleted text begin paragraph deleted text end new text begin section new text end , and (ii)
a set of deleted text begin special deleted text end new text begin disability new text end plates for a motor vehicle if:

(1) the owner employs a permanently physically disabled
person who would qualify for deleted text begin special deleted text end new text begin disability new text end plates under
this section; and

(2) the owner furnishes the motor vehicle to the physically
disabled person for the exclusive use of that person in the
course of employment.

Subd. 1a.

Scope of privilege.

If a physically disabled
person parks a new text begin motor new text end vehicle displaying deleted text begin license deleted text end new text begin the disability
new text end plates described in this section, or a deleted text begin temporary deleted text end permit valid
for 30 days and issued to an eligible person awaiting receipt of
the deleted text begin license deleted text end new text begin disability new text end plates described in this section, or any
person parks the new text begin motor new text end vehicle for a physically disabled person,
that person deleted text begin shall be deleted text end new text begin is new text end entitled to park the new text begin motor new text end vehicle as
provided in section 169.345.

Subd. 2.

Design of plates; deleted text begin furnishing deleted text end new text begin furnished new text end by
deleted text begin registrar deleted text end new text begin commissioner new text end .

The deleted text begin registrar of motor vehicles
deleted text end new text begin commissioner new text end shall design and furnish two deleted text begin license number
deleted text end new text begin disability new text end plates with attached emblems to each eligible owner.
The emblem must bear the internationally accepted wheelchair
symbol, as designated in section 16B.61, subdivision 5,
approximately three inches square. The emblem must be large
enough to be visible plainly from a distance of 50 feet. An
applicant eligible for deleted text begin the special deleted text end new text begin disability new text end plates shall pay
the motor vehicle registration fee authorized by deleted text begin law deleted text end new text begin sections
168.013 and 168.09 new text end .

Subd. 2a.

Plate deleted text begin return, deleted text end transfer.

(a) When new text begin motor new text end vehicle
ownership is transferred, the owner of the new text begin motor new text end vehicle shall
remove the deleted text begin special deleted text end new text begin disability new text end plates deleted text begin from the vehicle and return
them to the registrar deleted text end . The buyer of the new text begin motor new text end vehicle deleted text begin shall
repay the $1 credit for each month remaining in the registration
period for which the special plates were issued. On returning
the plates and repaying the remaining credit, the buyer deleted text end is
entitled to receive regular plates for the new text begin motor new text end vehicle without
further cost for the deleted text begin rest deleted text end new text begin remainder new text end of the registration period.

(b) Notwithstanding section 168.12, subdivision 1, the
deleted text begin special deleted text end new text begin disability new text end plates may be transferred to a replacement
motor vehicle on notification to the deleted text begin registrar deleted text end new text begin commissioner new text end .
However, the deleted text begin special deleted text end new text begin disability new text end plates may not be transferred
unless the replacement motor vehicle (1) is deleted text begin registered deleted text end new text begin listed
new text end under section deleted text begin 168.017 or is a self-propelled recreational
vehicle deleted text end new text begin 168.012, subdivision 1 new text end , and (2) is owned or primarily
operated by the permanently physically disabled person.

deleted text begin (c) The transferor shall not receive the $1 credit for each
month the replacement vehicle is registered until the time of
renewal or first application for registration on the replacement
vehicle.
deleted text end

Subd. 2b.

When not eligible.

On becoming ineligible for
the deleted text begin special deleted text end new text begin disability new text end plates, the owner of the new text begin motor new text end vehicle
shall remove the deleted text begin special deleted text end new text begin disability new text end plates deleted text begin and return them to
the registrar deleted text end . The owner deleted text begin shall repay the $1 credit for each
month remaining in the registration period for which the special
plates were issued. On returning the plates and repaying the
remaining credit, the owner deleted text end may receive regular plates for the
new text begin motor new text end vehicle without further cost for the deleted text begin rest deleted text end new text begin remainder new text end of the
registration period.

Subd. 3.

Penalties for unauthorized use of plates.

(a) A
person who uses the new text begin disability new text end plates or deleted text begin temporary deleted 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. This subdivision does not preclude a person who
is not physically disabled from operating a new text begin motor new text end vehicle
bearing the new text begin disability new text end plates or deleted text begin temporary deleted text end permit if:

(1) the person is the owner of the new text begin motor new text end vehicle and
permits its operation by a physically disabled person;

(2) the person operates the new text begin motor new text end vehicle with the consent
of the owner who is physically disabled; or

(3) the person is the owner of the new text begin motor new text end vehicle, is the
custodial parent or guardian of a permanently physically
disabled minor, and operates the new text begin motor new text end vehicle to transport the
minor.

(b) 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 new text begin motor new text end vehicle for a physically
disabled person.

Subd. 4.

Fees; disposition.

All fees collected from the
sale of new text begin disability new text end plates under this section deleted text begin shall deleted text end new text begin must new text end be
deposited in the state treasury to the credit of the highway
user tax distribution fund.

Subd. 5.

Definitions.

For the purposes of this section,
the term "physically disabled person" has the meaning given it
in section 169.345 new text begin , subdivision 2 new text end .

Subd. 6. [DRIVER'S LICENSE LAW NOT AFFECTED.] deleted text begin Nothing in
deleted text end This section deleted text begin shall deleted text end new text begin must not new text end be construed to revoke, limit, or
amend chapter 171.

Sec. 6.

Minnesota Statutes 2004, section 168.33,
subdivision 8, is amended to read:

Subd. 8.

Temporary disability permit and fee.

The
deleted text begin registrar deleted text end new text begin commissioner new text end shall allow deputy registrars to
implement and follow procedures for processing applications and
accepting and remitting fee payments for deleted text begin 30-day temporary
deleted text end disability deleted text begin permits deleted text end new text begin certificates new text end issued under section 169.345,
subdivision deleted text begin 3, paragraph (c) deleted text end new text begin 3c new text end , that are identical or
substantially similar to the procedures required by rule for
motor vehicle registration and titling transactions.

Sec. 7.

Minnesota Statutes 2004, section 169.345, is
amended to read:

169.345 PARKING PRIVILEGE FOR PHYSICALLY DISABLED.

Subdivision 1.

Scope of privilege.

(a) A new text begin motor new text end vehicle
that prominently displays the certificate authorized by this
section or that bears deleted text begin license deleted text end new text begin disability new text end plates issued under
section 168.021 deleted text begin , deleted text end may be parked by or solely for the benefit of a
physically disabled person:

(1) in a designated parking space for disabled persons, 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 deleted text begin which deleted text end new text begin that new text end does not
specifically prohibit the exercise of disabled parking
privileges in that space.

A person may park a new text begin motor new text end vehicle for a physically disabled
person in a parking space described in clause (1) or (2) only
when actually transporting the physically disabled person 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 new text begin motor new text end vehicle by hanging
it from the rearview mirror attached to the front windshield of
the new text begin motor new text end vehicle. If there is no rearview mirror or if the
certificate holder's disability precludes placing the
certificate on the mirror, the deleted text begin placard deleted text end new text begin certificate new text end must be
displayed on the dashboard on the driver's side 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 physically disabled persons.

Subd. 2.

Definitions.

new text begin (a) new text end For the purpose of new text begin section
168.021 and new text end this section, new text begin the following terms have the meanings
given them in this subdivision.
new text end

new text begin (b) "Health professional" means a licensed physician,
registered physician assistant, advanced practice registered
nurse, or licensed chiropractor.
new text end

new text begin (c) "Intermediate-term certificate" means a certificate
issued for a period greater than 12 months but not greater than
71 months.
new text end

new text begin (d) "Long-term certificate" means a certificate issued for
a period of six years.
new text end

new text begin (e) "Organization certificate" means a certificate issued
to an entity other than a natural person for a period of three
years.
new text end

new text begin (f) "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 end

new text begin (g) new text end "Physically disabled person" 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; or

(9) has a disability that would be aggravated by walking
200 feet under normal environmental conditions to an extent that
would be life threatening.

new text begin (h) "Short-term certificate" means a certificate issued for
a period greater than six months but not greater than 12 months.
new text end

new text begin (i) "Temporary certificate" means a certificate issued for
a period not greater than six months.
new text end

Subd. 2a. [HEALTH PROFESSIONAL'S new text begin MEDICAL new text end STATEMENT.] (a)
The commissioner shall develop a deleted text begin form deleted text end new text begin format new text end for the
deleted text begin physician's, physician assistant's, advanced practice registered
nurse's, or chiropractor's deleted text end new text begin medical new text end statement. The new text begin medical
new text end statement must be signed by a deleted text begin licensed physician, registered
physician assistant, advanced practice registered nurse, or
licensed chiropractor deleted text end new text begin health professional new text end who certifies that the
applicant is a physically disabled person as defined in
subdivision 2. The commissioner may request additional
information from the deleted text begin physician, physician assistant, advanced
practice registered nurse, or chiropractor deleted text end new text begin health professional
new text end if needed to verify the applicant's eligibility. The new text begin medical
new text end statement that the applicant is a physically disabled person
must specify whether the disability is permanent or temporary deleted text begin ,
deleted text end and new text begin , new text end if temporary, the opinion of the deleted text begin physician, physician
assistant, advanced practice registered nurse, or
chiropractor deleted text end new text begin health professional new text end as to the duration of the
disability. A deleted text begin physician, physician assistant, advanced practice
registered nurse, or chiropractor deleted text end new text begin health professional new text end who
fraudulently certifies to the commissioner that a person is a
physically disabled person as defined in subdivision 2, and that
the person is entitled to the deleted text begin license deleted text end new text begin disability new text end 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.

(b) The commissioner may waive the requirement of providing
a statement of a deleted text begin licensed physician, registered physician
assistant, advanced practice registered nurse, or licensed
chiropractor, deleted text end new text begin health professional new text end if the applicant has
previously filed with the commissioner a statement of a deleted text begin licensed
physician, registered physician assistant, advanced practice
registered nurse, or licensed chiropractor deleted text end new text begin health professional
new text end certifying that the applicant has a permanent physical
disability.

Subd. 3.

Identifying certificate.

(a) The deleted text begin Division of
Driver and Vehicle Services in the Department of Public
Safety deleted text end new text begin commissioner new text end shall issue (1) immediately, a deleted text begin temporary
deleted text end permit valid for 30 days deleted text begin , deleted text end if the person is eligible for the
certificate issued under this deleted text begin paragraph, deleted text end new text begin section new text end and (2) deleted text begin a
special deleted text end new text begin an new text end identifying certificate for a motor vehicle when a
physically disabled applicant submits proof of physical
disability under subdivision 2a. The commissioner shall design
separate certificates for persons with permanent and temporary
disabilities that can be readily distinguished from each other
from outside a new text begin motor new text end vehicle at a distance of 25 feet. deleted text begin The
certificate is valid for six years, if the disability is
specified in the physician's or chiropractor's statement as
permanent, and is valid for a period not to exceed six months,
if the disability is specified as temporary deleted text end new text begin An applicant may be
issued up to two certificates if the applicant has not been
issued disability plates under section 168.021 new text end .

(b) new text begin The operator of a motor vehicle displaying a
certificate has the parking privileges provided in subdivision 1
only while the motor vehicle is actually parked while
transporting a physically disabled person.
new text end

new text begin (c) The commissioner shall cancel all certificates issued
to an applicant who fails to comply with the requirements of
this subdivision.
new text end

new text begin Subd. 3a. new text end

new text begin Organization certificates. new text end

new text begin (a) An organization
providing transportation to one or more physically disabled
persons may apply to the commissioner for one or more
organization certificates for motor vehicles owned or operated
on behalf of the organization.
new text end

new text begin (b) The organization shall submit a written statement of
intent to the commissioner signed by an officer of the
organization. The statement must:
new text end

new text begin (1) indicate the number of certificates requested;
new text end

new text begin (2) state that all issued certificates must be used solely
for the benefit of physically disabled persons;
new text end

new text begin (3) state that the organization shall report lost or stolen
certificates to the commissioner within 24 hours of first
discovery; and
new text end

new text begin (4) state that the organization shall immediately notify
the commissioner of any misuse or suspected misuse of any
certificate issued to the organization.
new text end

new text begin (c) An organization shall include with the application a
description of the internal controls to be used to ensure the
proper use of certificates and to account for all issued
certificates. The controls must include:
new text end

new text begin (1) maintenance of a current list of the make, model, and
plate number of all motor vehicles in which a certificate issued
to the organization will be used; and
new text end

new text begin (2) maintenance of a current list of the name and driver's
license number of all individuals authorized to operate the
motor vehicle in which certificates issued to the organization
will be used.
new text end

new text begin (d) new text end When the commissioner is satisfied that deleted text begin a motor vehicle
is used primarily for the purpose of transporting deleted text end new text begin an
organization will use a certificate to transport new text end physically
disabled persons, the deleted text begin division may deleted text end new text begin commissioner shall new text end issue
without charge (1) immediately, a deleted text begin temporary deleted text end permit valid for 30
days deleted text begin , deleted text end if the deleted text begin operator deleted text end new text begin organization new text end is eligible for deleted text begin the deleted text end new text begin a
new text end certificate deleted text begin issued under this paragraph, deleted text end and (2) deleted text begin a special
identifying deleted text end new text begin an organization new text end certificate for the new text begin motor new text end vehicle.
deleted text begin The operator of a vehicle displaying the certificate or
temporary permit has the parking privileges provided in
subdivision 1 only while the vehicle is actually in use for
transporting physically disabled persons.
deleted text end

new text begin (e) new text end The certificate issued to deleted text begin a person deleted text end new text begin an organization
new text end transporting physically disabled persons must be renewed every
third year. On new text begin original new text end application and renewal, the
deleted text begin person deleted text end new text begin organization new text end must present evidence that deleted text begin the vehicle deleted text end new text begin each
certificate issued new text end continues to be used deleted text begin for transporting
deleted text end new text begin exclusively to transport new text end physically disabled persons.

deleted text begin When deleted text end new text begin (f) new text end The commissioner deleted text begin of public safety issues
commercial certificates to an organization, the commissioner
shall require documentation satisfactory to the commissioner
from each organization that procedures and controls have been
implemented to ensure that the parking privileges available
under this section will not be abused. deleted text end new text begin shall cancel all
certificates issued to an applicant who fails to comply with the
requirements of this subdivision.
new text end

deleted text begin (c) deleted text end new text begin Subd. 3b. new text end [CERTIFICATE DESIGN, FORMAT, INFORMATION.] A
certificate must be made of plastic or similar durable material
and must bear its expiration date prominently on both sides. deleted text begin A
certificate issued prior to January 1, 1994, must bear its
expiration date prominently on its face and will remain valid
until that date or December 31, 2000, whichever shall come
first. deleted text end A certificate issued to a temporarily disabled person
must display the date of expiration of the duration of the
disability, as determined under deleted text begin paragraph (a) deleted text end new text begin subdivision 3 or
3a new text end . Each applicant must be provided a summary of the parking
privileges and restrictions that apply to each new text begin motor new text end vehicle for
which the certificate is used.

new text begin Subd. 3c. new text end

new text begin Fees; organization, temporary, and short-term
certificates. new text end

The commissioner may charge a fee of $5 for
issuance deleted text begin or renewal deleted text end of deleted text begin a deleted text end new text begin each organization new text end certificate deleted text begin or deleted text end new text begin ,
each new text end temporary deleted text begin permit, deleted text end new text begin certificate, and each short-term
certificate new text end and a fee of $5 for a duplicate to replace a lost,
stolen, or damaged new text begin organization, temporary, or short-term
new text end certificate deleted text begin or temporary permit. The commissioner shall not
charge a fee for issuing a certificate to a person who has paid
a fee for issuance of a temporary permit deleted text end . The commissioner
shall not issue more than three deleted text begin replacement deleted text end new text begin duplicate
certificates for lost, stolen, or canceled new text end certificates within
any six-year period without the approval of the new text begin Minnesota State
new text end Council on Disability.

Subd. 4.

Unauthorized use new text begin or noncompliance new text end ; deleted text begin revocation
deleted text end new text begin cancellation new text end ; misdemeanor.

new text begin (a) new text end If a peace officer, authorized
parking enforcement employee or agent of a statutory or home
rule charter city or town, new text begin representative of the Minnesota State
Council on Disability, new text end or new text begin an new text end authorized agent of deleted text begin the deleted text end new text begin a new text end citizen
enforcement program new text begin under section 169.346, subdivision 4, new text end finds
that deleted text begin the deleted text end new text begin a new text end certificate deleted text begin or temporary deleted text end new text begin , new text end permit new text begin , or disability
plate new text end is being improperly used, new text begin or the applicant is no longer
eligible, new text end the officer, municipal employee, new text begin representative, new text end or
agent shall report the violation new text begin or situation new text end to the deleted text begin Division of
Driver and Vehicle Services in the Department of Public Safety
and the deleted text end commissioner deleted text begin of public safety deleted text end new text begin . The commissioner new text end may
deleted text begin revoke deleted text end new text begin cancel new text end the certificate deleted text begin or temporary deleted text end new text begin , new text end permit new text begin , or
disability plates issued under section 168.021 on determining
that:
new text end

new text begin (1) the certificate, permit, or plates were used
improperly;
new text end

new text begin (2) the certificate, permit, or plates were fraudulently
obtained;
new text end

new text begin (3) the certificate, permit, or plates were issued in
error;
new text end

new text begin (4) the person who was issued the certificate, permit, or
plates is deceased;
new text end

new text begin (5) the person who was issued the certificate, permit, or
plates no longer maintains a Minnesota address; or
new text end

new text begin (6) the person or organization has failed to comply with
the requirements of this section new text end .

new text begin (b) new text end A person who uses deleted text begin the deleted text end new text begin a new text end certificate deleted text begin or temporary deleted text end new text begin ,
new text end permit new text begin , or disability plates new text end in violation of this section is
guilty of a misdemeanor and is subject to a fine of $500.

Sec. 8.

Minnesota Statutes 2004, section 169.346,
subdivision 1, is amended to read:

Subdivision 1.

Disability parking space prohibitions.

A
person shall not:

(1) park a motor vehicle in or obstruct access to a parking
space new text begin or associated access aisle new text end designated and reserved for the
physically disabled, 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
disabled persons;

(3) new text begin alter a certificate;
new text end

new text begin (4) new text end exercise the parking privilege provided in section
169.345, unless:

(i) that person is a physically disabled person as defined
in section 169.345, subdivision 2, or the person is transporting
or parking a new text begin motor new text end vehicle for a physically disabled person; and

(ii) the new text begin motor new text end vehicle visibly displays one of the
following: a deleted text begin license deleted text end new text begin disability new text end plate issued under section
168.021, a certificate issued under section 169.345, a deleted text begin temporary
deleted text end permit valid for 30 days issued under section 168.021 or
169.345, or an equivalent certificate, insignia, or deleted text begin license
deleted text end plate issued by another state, a foreign country, or one of its
political subdivisions; or

deleted text begin (4) deleted text end new text begin (5) new text end park a motor vehicle in an area used as a regular
route transit stopping point where a transit vehicle that is
accessible to the physically disabled 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. 9.

Minnesota Statutes 2004, section 169.346,
subdivision 2, is amended to read:

Subd. 2.

Disability parking space signs.

(a) Parking
spaces reserved for physically disabled persons 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
new text begin motor new text end vehicles displaying the required certificate, deleted text begin license
deleted text end plates, deleted text begin temporary deleted text end permit valid for 30 days, or insignia. deleted text begin Signs
sold after August 1, 1991, must conform to the design
requirements in this paragraph.
deleted text end

(b) For purposes of this subdivision, a parking space that
is clearly identified as reserved for physically disabled
persons by a permanently posted sign that does not meet all
design standards, is considered designated and reserved for
physically disabled persons. A sign posted for the purpose of
this section must be visible from inside a new text begin motor new text end vehicle parked
in the space, be kept clear of snow or other obstructions which
block its visibility, and be nonmovable or only movable by
authorized persons.

Sec. 10.

Minnesota Statutes 2004, section 169.346,
subdivision 2a, is amended to read:

Subd. 2a.

Parking space free of obstruction; penalty.

The owner or manager of the property on which the designated
parking space is located shall ensure that the new text begin parking new text end space deleted text begin is
deleted text end new text begin and associated access aisle are new text end kept free of obstruction. If
the owner or manager new text begin does not have the parking space properly
posted or new text end allows the new text begin parking new text end space new text begin or access aisle new text end to be blocked
by snow, merchandise, or similar obstructions for 24 hours after
receiving a warning from a peace officer, the owner or manager
is guilty of a misdemeanor and subject to a fine of up to $500.

Sec. 11.

Minnesota Statutes 2004, section 169.346,
subdivision 3, is amended to read:

Subd. 3.

Misdemeanor; enforcement.

A person who violates
subdivision 1 is guilty of a misdemeanor and deleted text begin shall deleted text end new text begin must new text end be fined
not less than $100 deleted text begin or deleted text end new text begin and not new text end more than $200. This
subdivision deleted text begin shall deleted text end new text begin must new text end be enforced in the same manner as parking
ordinances or regulations in the governmental subdivision in
which the violation occurs. Law enforcement officers deleted text begin have the
authority to deleted text end new text begin may new text end tag new text begin motor new text end 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 deleted text begin have the authority to deleted text end new text begin may new text end tag or
otherwise issue citations for new text begin motor new text end vehicles parked on public
property in violation of subdivision 1. 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 deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end eligible to be issued or to use a
disability certificate or plates for 12 months after the date of
violation. A physically disabled person, or a person parking
a new text begin motor new text end 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 deleted text begin temporary deleted text end permit deleted text begin shall deleted text end new text begin must new text end not
be convicted if the person produces in court or before the court
appearance the required certificate, deleted text begin temporary deleted text end permit, or
evidence that the person has been issued deleted text begin license deleted text end plates under
section 168.021, and demonstrates entitlement to the
certificate, plates, or deleted text begin temporary deleted text end permit at the time of arrest
or tagging.