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SF 2609

as introduced - 86th Legislature (2009 - 2010) Posted on 02/12/2010 09:54am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to traffic regulations; modifying restrictions governing disability parking;
making technical changes; amending Minnesota Statutes 2008, section 169.345,
as amended.

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

Section 1.

Minnesota Statutes 2008, section 169.345, as amended by Laws 2009,
chapter 159, section 80, is amended to read:


169.345 PARKING PRIVILEGE FOR PHYSICALLY DISABLED.

Subdivision 1.

Scope of privilege.

(a) A motor vehicle that prominently displays
the certificate authorized by this section or that bears disability plates issued under section
168.021 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.

A person may park a motor 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 motor vehicle by hanging
it from the rearview mirror attached to the front windshield of the motor 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 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.

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

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.

(b) new text begin "Commissioner" means the commissioner of public safety.
new 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; deleted text begin or
deleted text end

(9) new text begin has given birth to a child within the previous 30 days; or
new text end

new text begin (10) new text end 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.

Subd. 2a.

Health professional's medical statement.

(a) The commissioner shall
develop a format for the medical statement. The medical statement must be signed by
a health professional who certifies that the applicant is a physically disabled person as
defined in subdivision 2. The commissioner may request additional information from the
health professional if needed to verify the applicant's eligibility. The medical statement
that the applicant is a physically disabled person must specifynew text begin (1) the nature of the
disability, and (2)
new text end 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 physically disabled person as defined in subdivision 2, 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 a statement of a
health professional if the applicant has previously filed with the commissioner a statement
of a health professional certifying that the applicant has a permanent physical disability.

Subd. 3.

deleted text begin Identifyingdeleted text end Certificatenew text begin issuance, cancellationnew text end .

(a) The commissioner
shall 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 motor
vehicle when a physically disabled applicant submits proof of physical disability under
subdivision 2a. deleted text begin The commissioner shall design separate certificates for persons with
permanent and temporary disabilities that can be readily distinguished from each other
from outside a motor vehicle at a distance of 25 feet.
deleted text end An applicant may be issued up to
two certificates if the applicant has not been issued disability plates under section 168.021.

deleted text begin (b) 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.
deleted text end

new text begin (b) For an applicant who meets the requirements under this section and who only
qualifies under subdivision 2, paragraph (g), clause (9), the commissioner shall issue:
new text end

new text begin (1) a short-term certificate on initial application, with a date of expiration that is no
later than one year after the child's date of birth; or
new text end

new text begin (2) a temporary certificate on renewal of certificate issuance under clause (1).
new text end

new text begin (c) The commissioner shall provide each applicant with a summary of the parking
privileges and restrictions that apply to each motor vehicle for which the certificate is used.
new text end

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

Subd. 3a.

Organization certificates.

(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.

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

(1) indicate the number of certificates requested;

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

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

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

(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:

(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

(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.

(d) When the commissioner is satisfied that an organization will use a certificate to
transport physically disabled persons, the commissioner shall issue without charge (1)
immediately, a permit valid for 30 days if the organization is eligible for a certificate and
(2) an organization certificate for the motor vehicle.

(e) The certificate issued to an organization transporting physically disabled persons
must be renewed every third year. On original application and renewal, the organization
must present evidence that each certificate issued continues to be used exclusively to
transport physically disabled persons.

(f) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.

Subd. 3b.

Certificate design, formatdeleted text begin , informationdeleted text end .

new text begin (a) new text end A certificate must be made
of plastic or similar durable material and must bear its expiration date prominently on both
sides. new text begin The commissioner shall design separate certificates for persons with permanent and
temporary disabilities that can be readily distinguished from each other from outside
a motor vehicle at a distance of 25 feet.
new text end

new text begin (b) new 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 subdivision 3 or 3a. deleted text begin Each
applicant must be provided a summary of the parking privileges and restrictions that apply
to each motor vehicle for which the certificate is used.
deleted text end

Subd. 3c.

Fees; organization, temporary, and short-term certificates.

The
commissioner may charge a fee of $5 for issuance of each organization certificate, each
temporary certificate, and each short-term certificate and a fee of $5 for a duplicate to
replace a lost, stolen, or damaged organization, temporary, or short-term certificate. The
commissioner shall not issue more than three duplicate certificates for lost, stolen, or
canceled certificates within any six-year period without the approval of the Minnesota
State Council on Disability.

Subd. 4.

Unauthorized use or noncompliance; cancellation; misdemeanor.

(a) If
a peace officer, authorized parking enforcement employee or agent of a statutory or home
rule charter city or town, representative of the Minnesota State Council on Disability, or an
authorized agent of a citizen enforcement program under section 169.346, subdivision 4,
finds that a certificate, permit, or disability plate is being improperly used, or the applicant
is no longer eligible, the officer, municipal employee, representative, or agent shall
report the violation or situation to the commissioner. The commissioner may cancel the
certificate, permit, or disability plates issued under section 168.021 on determining that:

(1) the certificate, permit, or plates were used improperly;

(2) the certificate, permit, or plates were fraudulently obtained;

(3) the certificate, permit, or plates were issued in error;

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

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

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

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