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SF 4254

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:55pm

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

Current Version - as introduced

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A bill for an act
relating to transportation; modifying disability parking certificate eligibility to
include persons with a developmental disability under certain circumstances;
amending Minnesota Statutes 2018, sections 169.345, subdivisions 1, 2a, 3;
169.346; Minnesota Statutes 2019 Supplement, section 169.345, subdivision 2.

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

Section 1.

Minnesota Statutes 2018, 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 beginphysically disableddeleted text end personnew text begin with a disabilitynew text end:

(1) in a designated parking space for deleted text begindisableddeleted 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 beginphysically 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 beginphysically 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 beginphysically disableddeleted text end personsnew text begin with a disabilitynew text end.

Sec. 2.

Minnesota Statutes 2019 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 them in this subdivision.

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

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

Sec. 3.

Minnesota Statutes 2018, section 169.345, subdivision 2a, is amended to read:


Subd. 2a.

Health professional's medical statement.

(a) The commissioner deleted text beginshalldeleted text endnew 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 beginphysically disableddeleted text end person deleted text beginas
defined in subdivision 2
deleted text endnew 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 is anticipated to have an increased likelihood
of encountering unsafe parking or traffic conditions due to the applicant's disability
new text end. 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 deleted text beginphysically
disabled
deleted text end personnew text begin with a physical disabilitynew 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 beginphysically disableddeleted text end person deleted text beginas defined in subdivision 2deleted text endnew 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 endnew 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 ofnew text begin (1)new text end
a health professional certifying that the applicant has a permanent physical disabilitynew text begin, or (2)
a licensed physician or licensed physician assistant who certifies that the applicant is a
person with a developmental disability who meets the requirements under paragraph (a)
new text end.

Sec. 4.

Minnesota Statutes 2018, section 169.345, subdivision 3, is amended to read:


Subd. 3.

Identifying certificate.

(a) The commissioner deleted text beginshalldeleted text endnew 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 begina physically disableddeleted text endnew text begin annew text end applicantnew text begin who is a person with a disabilitynew text end
submits proof of deleted text beginphysicaldeleted text endnew text begin thenew text end disability under subdivision 2a. The commissioner deleted text beginshalldeleted text endnew 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 beginphysically
disabled
deleted text end personnew text begin with a disabilitynew text end.

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

Sec. 5.

Minnesota Statutes 2018, section 169.346, is amended to read:


169.346 DISABILITY PARKING AREAS; CRITERIA, ENFORCEMENT.

Subdivision 1.

Disability parking space prohibitions.

A person deleted text beginshalldeleted text endnew 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 beginthe physically disableddeleted text endnew text begin persons with a disability as defined
in section 169.345, subdivision 2
new 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 begindisableddeleted text end personsnew text begin with a disabilitynew text end;

(3) alter a certificate;

(4) exercise the parking privilege provided in section 169.345, unless:

(i) that person is a deleted text beginphysically 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 beginthe physically disableddeleted text endnew 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.

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 beginphysically disableddeleted text end personsnew text begin with a physical disabilitynew text end under section 168.021 may
park at an angle and occupy two standard parking spaces.

Subd. 2.

Disability parking space signs.

(a) Parking spaces reserved for deleted text beginphysically
disabled
deleted 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 deleted text begindisableddeleted text end personsnew text begin
with a disability
new text end 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 beginphysically disableddeleted text end personsnew text begin with a disabilitynew text end by a permanently posted sign that does not
meet all design standardsdeleted text begin,deleted text end is considered designated and reserved for deleted text beginphysically 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.

Subd. 2a.

Parking space free of obstruction; penalty.

The owner or manager of the
property on which the designated parking space is located deleted text beginshalldeleted text endnew text begin mustnew text end ensure that the parking
space and associated access aisle are kept free of obstruction. If the owner or manager does
not have the parking space properly posted or allows the parking space or access aisle 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.

Subd. 3.

Misdemeanor; enforcement.

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. 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. 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.
Except when the permit or certificate is expired by, or is otherwise invalid for, more than
90 days, a deleted text beginphysically disableddeleted text end personnew text begin with a disabilitynew text end, or a person parking a motor vehicle
for a deleted text begindisableddeleted text end personnew text begin with a disabilitynew text end, who is charged with violating subdivision 1 because
the person parked in a parking space for deleted text beginphysically 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.

Subd. 4.

Local ordinance; citizen enforcement program.

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 beginthe physically
disabled
deleted text endnew text begin persons with a disabilitynew text end, by using citizen volunteers to issue citations to violators.
The ordinance deleted text beginshalldeleted text endnew 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. 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.

Subd. 5.

Local ordinance; long-term parking.

A statutory or home rule charter city
may enact an ordinance establishing a permit program for long-term disability parking. If
a city enacts the ordinance, a permit program for long-term disability parking must establish
as a minimum:

(1) a limitation on disability parking of a maximum of four hours during the hours of
enforcement, on one-hour, 90-minute, and two-hour parking meters;

(2) a requirement for city parking lots and ramps to provide a 50 percent discount on
monthly fees for contracted parkers with disabilities or a 50 percent reduction in the hourly
rate for parkers with disabilities, with appropriate vehicle identification, who park in
designated disability parking spaces; and

(3) issuance of a special needs permit to an employed person with severe disability for
an all-day, on-street parking permit that will accommodate the person's access needs.

Sec. 6. new text beginREVISOR 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