Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 64-H.F.No. 1461 
                  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 
        handicapped disabled person: 
           (1) with a motor vehicle that has special disability plates 
        issued under section 168.021, subdivision 1; or 
           (2) who possesses a certificate issued under section 
        169.345, subdivision 3.  
           Sec. 2.  Minnesota Statutes 2004, section 85.053, 
        subdivision 7, is amended to read: 
           Subd. 7.  [HANDICAPPED DISABLED PERSONS.] (a) The 
        commissioner shall prescribe and issue special state park 
        permits for:  
           (1) a physically handicapped disabled person with a motor 
        vehicle (i) that has special disability plates issued under 
        section 168.021, subdivision 1, or (ii) who has a permanent 
        disability certificate issued under section 169.345, subdivision 
        3, 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 handicapped disabled 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: 
           Subd. 2a.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the Minnesota Department of Public Safety. 
           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 upon public roads and on 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" also includes an all-terrain vehicle, 
        as defined in section 84.92, subdivision 8, that only if the 
        all-terrain vehicle (1) has at least four wheels, (2) is owned 
        and operated by a physically disabled person, and (3) displays 
        both physically disabled license disability plates and a 
        physically disabled certificate issued under section 169.345, 
        subdivision 3. 
           (c) "Motor vehicle" does not include an all-terrain vehicle 
        as defined in section 84.92, subdivision 8; 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 [LICENSE PLATES FOR PHYSICALLY DISABLED PERSONS.] 
           Subdivision 1.  [SPECIAL DISABILITY 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 registrar of motor vehicles commissioner (1) immediately, a 
        temporary permit valid for 30 days, if the applicant is eligible 
        for the special disability plates issued under this 
        paragraph, section and (2) two license disability plates with 
        attached emblems, one plate to be attached to the front, and one 
        to the rear of the motor vehicle. 
           (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. 
           (c) When the owner first applies for the disability plates, 
        the owner must submit a physician's medical statement on a form 
        developed in a format approved by the commissioner under section 
        169.345, or proof of physical disability provided for in that 
        section, except that. 
           (d) No physician's medical statement or proof of disability 
        is required when an owner of a motor vehicle applies for plates 
        for one or more commercial motor vehicles that are specially 
        modified for and used exclusively by permanently physically 
        disabled persons. 
           (b) (e) The owner of a motor vehicle may apply for and 
        secure (i) immediately, a temporary permit valid for 30 days, if 
        the person applicant is eligible to receive the special 
        disability plates issued under this paragraph section, and (ii) 
        a set of special disability plates for a motor vehicle if: 
           (1) the owner employs a permanently physically disabled 
        person who would qualify for special disability 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 motor vehicle displaying license the disability 
        plates described in this section, or a temporary permit valid 
        for 30 days and issued to an eligible person awaiting receipt of 
        the license disability plates described in this section, or any 
        person parks the motor vehicle for a physically disabled person, 
        that person shall be is entitled to park the motor vehicle as 
        provided in section 169.345.  
           Subd. 2.  [DESIGN OF PLATES; FURNISHING FURNISHED BY 
        REGISTRAR COMMISSIONER.] The registrar of motor vehicles 
        commissioner shall design and furnish two license number 
        disability 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 the special disability plates shall pay 
        the motor vehicle registration fee authorized by law sections 
        168.013 and 168.09. 
           Subd. 2a.  [PLATE RETURN, TRANSFER.] (a) When motor vehicle 
        ownership is transferred, the owner of the motor vehicle shall 
        remove the special disability plates from the vehicle and return 
        them to the registrar.  The buyer of the motor vehicle 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 is 
        entitled to receive regular plates for the motor vehicle without 
        further cost for the rest remainder of the registration period. 
           (b) Notwithstanding section 168.12, subdivision 1, the 
        special disability plates may be transferred to a replacement 
        motor vehicle on notification to the registrar commissioner.  
        However, the special disability plates may not be transferred 
        unless the replacement motor vehicle (1) is registered listed 
        under section 168.017 or is a self-propelled recreational 
        vehicle 168.012, subdivision 1, and (2) is owned or primarily 
        operated by the permanently physically disabled person. 
           (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. 
           Subd. 2b.  [WHEN NOT ELIGIBLE.] On becoming ineligible for 
        the special disability plates, the owner of the motor vehicle 
        shall remove the special disability plates and return them to 
        the registrar.  The owner 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 may receive regular plates for the 
        motor vehicle without further cost for the rest remainder of the 
        registration period.  
           Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
        person who uses the disability plates or temporary 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 motor vehicle 
        bearing the disability plates or temporary permit if:  
           (1) the person is the owner of the motor vehicle and 
        permits its operation by a physically disabled person; 
           (2) the person operates the motor vehicle with the consent 
        of the owner who is physically disabled; or 
           (3) the person is the owner of the motor vehicle, is the 
        custodial parent or guardian of a permanently physically 
        disabled minor, and operates the motor 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 motor vehicle for a physically 
        disabled person. 
           Subd. 4.  [FEES; DISPOSITION.] All fees collected from the 
        sale of disability plates under this section shall must 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, subdivision 2.  
           Subd. 6.  [DRIVER'S LICENSE LAW NOT AFFECTED.] Nothing in 
        This section shall must not 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 
        registrar commissioner shall allow deputy registrars to 
        implement and follow procedures for processing applications and 
        accepting and remitting fee payments for 30-day temporary 
        disability permits certificates issued under section 169.345, 
        subdivision 3, paragraph (c) 3c, 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 motor vehicle 
        that prominently displays the certificate authorized by this 
        section or that bears license 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 which 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 placard 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. 
           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, 
        registered physician assistant, advanced practice registered 
        nurse, 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) "Six-year certificate" means a certificate issued for a 
        period of six years. 
           (e) "Organization certificate" means a certificate issued 
        to an entity other than a natural person for a period of three 
        years. 
           (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.  
           (g) "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.  
           (h) "Short-term certificate" means a certificate issued for 
        a period greater than six months but not greater than 12 months. 
           (i) "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 form format for the 
        physician's, physician assistant's, advanced practice registered 
        nurse's, or chiropractor's medical statement.  The medical 
        statement must be signed by a licensed physician, registered 
        physician assistant, advanced practice registered nurse, or 
        licensed chiropractor 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 physician, physician assistant, advanced 
        practice registered nurse, or chiropractor health professional 
        if needed to verify the applicant's eligibility.  The medical 
        statement that the applicant is a physically disabled person 
        must specify whether the disability is permanent or temporary, 
        and, if temporary, the opinion of the physician, physician 
        assistant, advanced practice registered nurse, or 
        chiropractor health professional as to the duration of the 
        disability.  A physician, physician assistant, advanced practice 
        registered nurse, or chiropractor 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 license 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. 
           (b) The commissioner may waive the requirement of providing 
        a statement of a licensed physician, registered physician 
        assistant, advanced practice registered nurse, or licensed 
        chiropractor, health professional if the applicant has 
        previously filed with the commissioner a statement of a licensed 
        physician, registered physician assistant, advanced practice 
        registered nurse, or licensed chiropractor health professional 
        certifying that the applicant has a permanent physical 
        disability.  
           Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The Division of 
        Driver and Vehicle Services in the Department of Public 
        Safety commissioner shall issue (1) immediately, a temporary 
        permit valid for 30 days, if the person is eligible for the 
        certificate issued under this paragraph, section and (2) a 
        special an 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 motor 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 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 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. 
           (c) 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 a motor vehicle 
        is used primarily for the purpose of transporting an 
        organization will use a certificate to transport physically 
        disabled persons, the division may commissioner shall issue 
        without charge (1) immediately, a temporary permit valid for 30 
        days, if the operator organization is eligible for the a 
        certificate issued under this paragraph, and (2) a special 
        identifying an organization certificate for the motor vehicle.  
        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. 
           (e) The certificate issued to a person an organization 
        transporting physically disabled persons must be renewed every 
        third year.  On original application and renewal, the 
        person organization must present evidence that the vehicle each 
        certificate issued continues to be used for transporting 
        exclusively to transport physically disabled persons.  
           When (f) The commissioner 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. shall cancel all 
        certificates issued to an applicant who fails to comply with the 
        requirements of this subdivision. 
           (c) Subd. 3b.  [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.  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) subdivision 3 or 
        3a.  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.  
           Subd. 3c.  [FEES; ORGANIZATION, TEMPORARY, AND SHORT-TERM 
        CERTIFICATES.] The commissioner may charge a fee of $5 for 
        issuance or renewal of a each organization certificate or, 
        each temporary permit, 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 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.  The commissioner 
        shall not issue more than three replacement 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; REVOCATION 
        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 the a citizen 
        enforcement program under section 169.346, subdivision 4, finds 
        that the a certificate or temporary, 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 Division of 
        Driver and Vehicle Services in the Department of Public Safety 
        and the commissioner of public safety.  The commissioner may 
        revoke cancel the certificate or temporary, 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 the a certificate or temporary, 
        permit, or disability plates 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 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, 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 motor vehicle for a physically disabled person; and 
           (ii) the motor vehicle visibly displays one of the 
        following:  a license disability plate issued under section 
        168.021, a certificate issued under section 169.345, a temporary 
        permit valid for 30 days issued under section 168.021 or 
        169.345, or an equivalent certificate, insignia, or license 
        plate issued by another state, a foreign country, or one of its 
        political subdivisions; or 
           (4) (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. 
           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 
        motor vehicles displaying the required certificate, license 
        plates, temporary permit valid for 30 days, or insignia. Signs 
        sold after August 1, 1991, must conform to the design 
        requirements in this paragraph.  
           (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 motor 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 parking space is 
        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. 
           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 shall must be fined 
        not less than $100 or and not more than $200.  This 
        subdivision shall must be enforced in the same manner as parking 
        ordinances or regulations in the governmental subdivision in 
        which the violation occurs.  Law enforcement officers have the 
        authority to 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 have the authority to 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 shall is not be 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 motor 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 temporary permit shall must not 
        be convicted if the person produces in court or before the court 
        appearance the required certificate, temporary permit, or 
        evidence that the person has been issued license plates under 
        section 168.021, and demonstrates entitlement to the 
        certificate, plates, or temporary permit at the time of arrest 
        or tagging. 
           Presented to the governor May 19, 2005 
           Signed by the governor May 23, 2005, 11:36 a.m.