Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 85-S.F.No. 144 
                  An act relating to traffic regulations; limiting 
                  access to data on holders of disabled parking 
                  certificates; modifying provisions governing display 
                  and use of certificates; amending Minnesota Statutes 
                  1994, sections 13.69, subdivision 1; and 169.345, 
                  subdivisions 1, 3, and 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 13.69, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
        government data of the department of public safety are private 
        data:  
           (1) medical data on driving instructors, licensed drivers, 
        and applicants for parking certificates and special license 
        plates issued to physically handicapped persons; and 
           (2) other data on holders of a disability certificate under 
        section 169.345, except that data that are not medical data may 
        be released to law enforcement agencies; and 
           (3) social security numbers in driver's license and motor 
        vehicle registration records, except that social security 
        numbers must be provided to the department of revenue for 
        purposes of tax administration.  
           (b) The following government data of the department of 
        public safety are confidential data:  data concerning an 
        individual's driving ability when that data is received from a 
        member of the individual's family. 
           Sec. 2.  Minnesota Statutes 1994, section 169.345, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE OF PRIVILEGE.] A vehicle that 
        prominently displays the certificate authorized by this section 
        or that bears license plates issued under section 168.021, may 
        be parked by or for a physically disabled person: 
           (1) in a designated parking space for disabled persons, as 
        provided in section 169.346; and 
           (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.  
           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 vehicle by hanging it from 
        the rearview mirror attached to the front windshield of the 
        vehicle.  If there is no rearview mirror or if the certificate 
        holder's disability precludes placing the certificate on the 
        mirror, the placard must be displayed on the dashboard on the 
        driver's side of the vehicle.  No part of the certificate may be 
        obscured. 
           Notwithstanding clauses (1) and (2), 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. 
           Sec. 3.  Minnesota Statutes 1994, section 169.345, 
        subdivision 3, is amended to read: 
           Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
        driver and vehicle services in the department of public safety 
        shall issue (1) immediately, a temporary permit valid for 30 
        days, if the person is eligible for the certificate issued under 
        this paragraph, and (2) a special 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 vehicle at a distance of 25 
        feet.  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. 
           (b) When the commissioner is satisfied that a motor vehicle 
        is used primarily for the purpose of transporting physically 
        disabled persons, the division may issue without charge (1) 
        immediately, a temporary permit valid for 30 days, if the 
        operator is eligible for the certificate issued under this 
        paragraph, and (2) a special identifying certificate for the 
        vehicle.  The operator of a vehicle displaying the certificate 
        or temporary permit has the parking privileges provided in 
        subdivision 1 while the vehicle is in use for transporting 
        physically disabled persons.  The certificate issued to a person 
        transporting physically disabled persons must be renewed every 
        third year.  On application and renewal, the person must present 
        evidence that the vehicle continues to be used for transporting 
        physically disabled persons. 
           (c) A certificate must be made of plastic or similar 
        durable material and must bear its expiration date prominently 
        on both sides.  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.  A certificate issued to a temporarily 
        disabled person must display the date of expiration of the 
        duration of the disability, as determined under paragraph (a).  
        Each applicant must be provided a summary of the parking 
        privileges and restrictions that apply to each vehicle for which 
        the certificate is used.  The commissioner may charge a fee of 
        $5 for issuance or renewal of a certificate or temporary permit, 
        and a fee of $5 for a duplicate to replace a lost, stolen, or 
        damaged certificate 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. 
           Sec. 4.  Minnesota Statutes 1994, section 169.345, 
        subdivision 4, is amended to read: 
           Subd. 4.  [UNAUTHORIZED USE; REVOCATION; PENALTY.] If a 
        peace officer or authorized agent of the citizen enforcement 
        program finds that the certificate or temporary permit is being 
        improperly used, the officer or agent shall report the violation 
        to the division of driver and vehicle services in the department 
        of public safety and the commissioner of public safety may 
        revoke the certificate or temporary permit.  A person who uses 
        the certificate or temporary permit in violation of this section 
        is guilty of a misdemeanor and is subject to a fine of $500. 
           Presented to the governor April 21, 1995 
           Signed by the governor April 24, 1995, 1:26 p.m.