HF 286

as introduced - 90th Legislature (2017 - 2018) Posted on 01/17/2017 10:29am

A bill for an act
relating to transportation; providing for disability parking by vehicles bearing
special World War II veteran plates; amending Minnesota Statutes 2016, sections
169.345, subdivisions 1, 2; 169.346, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 169.345, subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) deleted text begin 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 deleted text end new text begin An eligible vehicle new 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 that does not
specifically prohibit the exercise of disabled parking privileges in that space.

new text begin (b) new text end A person may park the vehicle for a physically disabled person in a parking space
described in new text begin paragraph (a), new text end clause (1) or (2) new text begin , new text end 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.

deleted text begin (b) deleted text end new text begin (c) new text end 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, 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.

deleted text begin (c) deleted text end new text begin (d) new text end Notwithstanding paragraph (a), deleted text begin clauses (1), (2), and (3), deleted text end 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.

new text begin (e) The registered owner of a motor vehicle bearing a special World War II veteran plate
issued under section 168.123, subdivision 2, paragraph (c), may park the motor vehicle in
the manner provided under paragraph (a).
new text end

Sec. 2.

Minnesota Statutes 2016, 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 them in this subdivision.

new text begin (b) "Eligible vehicle" means a motor vehicle that bears, or prominently displays as
provided in subdivision 1, paragraph (c), one of the following:
new text end

new text begin (1) a disability plate issued under section 168.021;
new text end

new text begin (2) a certificate issued under this section;
new text end

new text begin (3) a permit issued under section 168.021 or this section; or
new text end

new text begin (4) a certificate, insignia, or plate that is equivalent to one identified in clauses (1) to
(3), issued by another state, a foreign country, or one of its political subdivisions.
new text end

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

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

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

deleted text begin (e) deleted text end new text begin (f) new text end "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.

deleted text begin (f) deleted 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.

deleted text begin (g) deleted text end new text begin (h) 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 (h) deleted text end new text begin (i) new text end "Six-year certificate" means a certificate issued for a period of six years.

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

Sec. 3.

Minnesota Statutes 2016, 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 or associated access
aisle 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) alter a certificate;

(4) exercise the parking privilege provided in section 169.345, deleted text begin unless: deleted text end new text begin except as provided
in that section; or
new text end

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

deleted text begin (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
deleted text end

(5) 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.