1.1 	A bill for an act
1.2 	relating to motor vehicles; modifying and simplifying
1.3 	provisions related to parking for persons with
1.4 	disabilities; making technical and clarifying changes;
1.5 	amending Minnesota Statutes 2004, sections 85.052,
1.6 	subdivision 3; 85.053, subdivision 7; 168.011,
1.7 	subdivision 4, by adding a subdivision; 168.021;
1.8 	168.33, subdivision 8; 169.345; 169.346, subdivisions
1.9 	1, 2, 2a, 3.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 85.052,
1.12 	subdivision 3, is amended to read:
1.13 		Subd. 3.Fee for certain parking and campsite use.  (a)
1.14 	An individual using spaces in state parks under subdivision 1,
1.15 	clause (2), shall be charged daily rates determined and set by
1.16 	the commissioner in a manner and amount consistent with the type
1.17 	of facility provided for the accommodation of guests in a
1.18 	particular park and with similar facilities offered for tourist
1.19 	camping and similar use in the area.
1.20 	(b) The fee for special parking spurs, campgrounds for
1.21 	automobiles, sites for tent camping, and special auto trailer
1.22 	coach parking spaces is one-half of the fee set in paragraph (a)
1.23 	on Sunday through Thursday of each week for a physically
1.24 	~~handicapped~~ disabled person:
1.25 	(1) with a motor vehicle that has ~~special~~ disability plates
1.26 	issued under section 168.021, subdivision 1; or
1.27 	(2) who possesses a certificate issued under section
2.1 	169.345~~, subdivision 3~~.

2.2 	Sec. 2. Minnesota Statutes 2004, section 85.053,
2.3 	subdivision 7, is amended to read:
2.4 		Subd. 7.~~handicapped~~ disabled persons.  (a) The
2.5 	commissioner shall prescribe and issue special state park
2.6 	permits for:
2.7 	(1) a physically ~~handicapped~~ disabled person with a motor
2.8 	vehicle (i) that has ~~special~~ disability plates issued under
2.9 	section 168.021, subdivision 1, or (ii) who has a permanent
2.10 	disability certificate issued under section 169.345~~, subdivision~~
2.11 	~~3,~~and who can demonstrate proof of ownership of the vehicle for
2.12 	which the state park permit is being purchased or proof of a
2.13 	leasehold interest in the vehicle for a term at least as long as
2.14 	the term of the permit; and
2.15 	(2) a physically ~~handicapped~~ disabled person who:  (i) does
2.16 	not own or operate a motor vehicle; (ii) possesses a statement
2.17 	certified under section 169.345, subdivision 2a; and (iii)
2.18 	applies to the commissioner in writing.
2.19 	(b) Except for vehicles permitted under paragraph (a),
2.20 	clause (2), the permit or the decal issued under this
2.21 	subdivision is valid only when displayed on a vehicle owned and
2.22 	occupied by the person to whom the permit is issued.

2.23 	Sec. 3. Minnesota Statutes 2004, section 168.011, is
2.24 	amended by adding a subdivision to read:
2.25 		Subd. 2a.Commissioner. "Commissioner" means the
2.26 	commissioner of the Minnesota Department of Public Safety.

2.27 	Sec. 4. Minnesota Statutes 2004, section 168.011,
2.28 	subdivision 4, is amended to read:
2.29 		Subd. 4.Motor vehicle.  (a) "Motor vehicle" means any
2.30 	self-propelled vehicle designed and originally manufactured to
2.31 	operate primarily ~~upon public roads and~~ on highways, and not
2.32 	operated exclusively upon railroad tracks.  It includes any
2.33 	vehicle propelled or drawn by a self-propelled vehicle and
2.34 	includes vehicles known as trackless trolleys that are propelled
2.35 	by electric power obtained from overhead trolley wires but not
2.36 	operated upon rails.  It does not include snowmobiles,
3.1 	manufactured homes, or park trailers.
3.2 	(b) "Motor vehicle" ~~also~~ includes an all-terrain vehicle~~,~~
3.3 	~~as defined in section 84.92, subdivision 8, that~~ only if the
3.4 	all-terrain vehicle (1) has at least four wheels, (2) is owned
3.5 	and operated by a physically disabled person, and (3) displays
3.6 	both ~~physically disabled license~~ disability plates and a
3.7 	physically disabled certificate issued under section 169.345~~,~~
3.8 	~~subdivision 3~~.
3.9 	(c) "Motor vehicle" does not include an all-terrain vehicle
3.10 	~~as defined in section 84.92, subdivision 8;~~except (1) an
3.11 	all-terrain vehicle described in paragraph (b), or (2) an
3.12 	all-terrain vehicle licensed as a motor vehicle before August 1,
3.13 	1985.  The owner may continue to license an all-terrain vehicle
3.14 	described in clause (2) as a motor vehicle until it is conveyed
3.15 	or otherwise transferred to another owner, is destroyed, or
3.16 	fails to comply with the registration and licensing requirements
3.17 	of this chapter.
3.18 	(d) "Motor vehicle" does not include an electric personal
3.19 	assistive mobility device as defined in section 169.01,
3.20 	subdivision 90.

3.21 	Sec. 5. Minnesota Statutes 2004, section 168.021, is
3.22 	amended to read:
3.23 	168.021  ~~LICENSE~~ PLATES FOR PHYSICALLY DISABLED PERSONS.
3.24 		Subdivision 1.~~special~~ disability plates; application.
 3.25 	(a) When a motor vehicle registered under section 168.017, a
3.26 	motorcycle, a truck having a manufacturer's nominal rated
3.27 	capacity of one ton and resembling a pickup truck, or a
3.28 	self-propelled recreational vehicle is owned or primarily
3.29 	operated by a permanently physically disabled person or a
3.30 	custodial parent or guardian of a permanently physically
3.31 	disabled minor, the owner may apply for and secure from
3.32 	the ~~registrar of motor vehicles~~ commissioner (1) immediately, a
3.33 	temporary permit valid for 30 days~~,~~if the applicant is eligible
3.34 	for the ~~special~~ disability plates issued under this
3.35 	~~paragraph,~~section and (2) two ~~license~~ disability plates with
3.36 	attached emblems, one plate to be attached to the front, and one
4.1 	to the rear of the motor vehicle.
4.2 	(b) The commissioner shall not issue more than one set of
4.3 	plates to any owner of a motor vehicle at the same time unless
4.4 	all motor vehicles have been specifically modified for and are
4.5 	used exclusively by a permanently physically disabled person.
4.6 	(c) When the owner first applies for the disability plates,
4.7 	the owner must submit a ~~physician's~~ medical statement ~~on a form~~
4.8 	~~developed~~ in a format approved by the commissioner under section
4.9 	169.345, or proof of physical disability provided for in that
4.10 	section~~, except that~~ .
4.11 	(d) No ~~physician's~~ medical statement or proof of disability
4.12 	is required when an owner of a motor vehicle applies for plates
4.13 	for one or more ~~commercial~~ motor vehicles that are specially
4.14 	modified for and used exclusively by permanently physically
4.15 	disabled persons.
4.16 	~~(b)~~ (e) The owner of a motor vehicle may apply for and
4.17 	secure (i) immediately, a ~~temporary~~ permit valid for 30 days, if
4.18 	the ~~person~~ applicant is eligible to receive the ~~special~~ 
4.19 	disability plates issued under this ~~paragraph~~ section, and (ii)
4.20 	a set of ~~special~~ disability plates for a motor vehicle if:
4.21 	(1) the owner employs a permanently physically disabled
4.22 	person who would qualify for ~~special~~ disability plates under
4.23 	this section; and
4.24 	(2) the owner furnishes the motor vehicle to the physically
4.25 	disabled person for the exclusive use of that person in the
4.26 	course of employment.
4.27 		Subd. 1a.Scope of privilege. If a physically disabled
4.28 	person parks a motor vehicle displaying ~~license~~ the disability 
4.29 	plates described in this section, or a ~~temporary~~ permit valid
4.30 	for 30 days and issued to an eligible person awaiting receipt of
4.31 	the ~~license~~ disability plates described in this section, or any
4.32 	person parks the motor vehicle for a physically disabled person,
4.33 	that person ~~shall be~~ is entitled to park the motor vehicle as
4.34 	provided in section 169.345.
4.35 		Subd. 2.Design of plates; ~~furnishing~~ furnished by
4.36 	~~registrar~~ commissioner. The ~~registrar of motor vehicles~~ 
5.1 	commissioner shall design and furnish two ~~license number~~ 
5.2 	disability plates with attached emblems to each eligible owner.
5.3 	The emblem must bear the internationally accepted wheelchair
5.4 	symbol, as designated in section 16B.61, subdivision 5,
5.5 	approximately three inches square.  The emblem must be large
5.6 	enough to be visible plainly from a distance of 50 feet.  An
5.7 	applicant eligible for ~~the special~~ disability plates shall pay
5.8 	the motor vehicle registration fee authorized by ~~law~~ sections
5.9 	168.013 and 168.09.
5.10 		Subd. 2a.Plate ~~return,~~transfer. (a) When motor vehicle
5.11 	ownership is transferred, the owner of the motor vehicle shall
5.12 	remove the ~~special~~ disability plates ~~from the vehicle and return~~
5.13 	~~them to the registrar~~.  The buyer of the motor vehicle ~~shall~~
5.14 	~~repay the $1 credit for each month remaining in the registration~~
5.15 	~~period for which the special plates were issued.  On returning~~
5.16 	~~the plates and repaying the remaining credit, the buyer~~ is
5.17 	entitled to receive regular plates for the motor vehicle without
5.18 	further cost for the ~~rest~~ remainder of the registration period.
5.19 	(b) Notwithstanding section 168.12, subdivision 1, the
5.20 	~~special~~ disability plates may be transferred to a replacement
5.21 	motor vehicle on notification to the ~~registrar~~ commissioner.
5.22 	However, the ~~special~~ disability plates may not be transferred
5.23 	unless the replacement motor vehicle (1) is ~~registered~~ listed 
5.24 	under section ~~168.017 or is a self-propelled recreational~~
5.25 	~~vehicle~~ 168.012, subdivision 1, and (2) is owned or primarily
5.26 	operated by the permanently physically disabled person.
5.27 	~~(c) The transferor shall not receive the $1 credit for each~~
5.28 	~~month the replacement vehicle is registered until the time of~~
5.29 	~~renewal or first application for registration on the replacement~~
5.30 	~~vehicle.~~
5.31 		Subd. 2b.When not eligible. On becoming ineligible for
5.32 	the ~~special~~ disability plates, the owner of the motor vehicle
5.33 	shall remove the ~~special~~ disability plates ~~and return them to~~
5.34 	~~the registrar~~.  The owner ~~shall repay the $1 credit for each~~
5.35 	~~month remaining in the registration period for which the special~~
5.36 	~~plates were issued.  On returning the plates and repaying the~~
6.1 	~~remaining credit, the owner~~ may receive regular plates for the
6.2 	motor vehicle without further cost for the ~~rest~~ remainder of the
6.3 	registration period.
6.4 		Subd. 3.Penalties for unauthorized use of plates. (a) A
6.5 	person who uses the disability plates or ~~temporary~~ permit
6.6 	provided under this section on a motor vehicle in violation of
6.7 	this section is guilty of a misdemeanor, and is subject to a
6.8 	fine of $500.  This subdivision does not preclude a person who
6.9 	is not physically disabled from operating a motor vehicle
6.10 	bearing the disability plates or ~~temporary~~ permit if:
6.11 	(1) the person is the owner of the motor vehicle and
6.12 	permits its operation by a physically disabled person;
6.13 	(2) the person operates the motor vehicle with the consent
6.14 	of the owner who is physically disabled; or
6.15 	(3) the person is the owner of the motor vehicle, is the
6.16 	custodial parent or guardian of a permanently physically
6.17 	disabled minor, and operates the motor vehicle to transport the
6.18 	minor.
6.19 	(b) A driver who is not disabled is not entitled to the
6.20 	parking privileges provided in this section and in section
6.21 	169.346 unless parking the motor vehicle for a physically
6.22 	disabled person.
6.23 		Subd. 4.Fees; disposition. All fees collected from the
6.24 	sale of disability plates under this section ~~shall~~ must be
6.25 	deposited in the state treasury to the credit of the highway
6.26 	user tax distribution fund.
6.27 		Subd. 5.Definitions. For the purposes of this section,
6.28 	the term "physically disabled person" has the meaning given it
6.29 	in section 169.345, subdivision 2.
6.30 	Subd. 6.  [DRIVER'S LICENSE LAW NOT AFFECTED.] ~~Nothing in~~ 
6.31 	This section ~~shall~~ must not be construed to revoke, limit, or
6.32 	amend chapter 171.

6.33 	Sec. 6. Minnesota Statutes 2004, section 168.33,
6.34 	subdivision 8, is amended to read:
6.35 		Subd. 8.Temporary disability permit and fee.  The
6.36 	~~registrar~~ commissioner shall allow deputy registrars to
7.1 	implement and follow procedures for processing applications and
7.2 	accepting and remitting fee payments for ~~30-day temporary~~ 
7.3 	disability ~~permits~~ certificates issued under section 169.345,
7.4 	subdivision ~~3, paragraph (c)~~ 3c, that are identical or
7.5 	substantially similar to the procedures required by rule for
7.6 	motor vehicle registration and titling transactions.

7.7 	Sec. 7. Minnesota Statutes 2004, section 169.345, is
7.8 	amended to read:
7.9 	169.345 PARKING PRIVILEGE FOR PHYSICALLY DISABLED.
7.10 		Subdivision 1.Scope of privilege. (a) A motor vehicle
7.11 	that prominently displays the certificate authorized by this
7.12 	section or that bears ~~license~~ disability plates issued under
7.13 	section 168.021~~,~~may be parked by or solely for the benefit of a
7.14 	physically disabled person:
7.15 	(1) in a designated parking space for disabled persons, as
7.16 	provided in section 169.346;
7.17 	(2) in a metered parking space without obligation to pay
7.18 	the meter fee and without time restrictions unless time
7.19 	restrictions are separately posted on official signs; and
7.20 	(3) without time restrictions in a nonmetered space where
7.21 	parking is otherwise allowed for passenger vehicles but
7.22 	restricted to a maximum period of time and ~~which~~ that does not
7.23 	specifically prohibit the exercise of disabled parking
7.24 	privileges in that space.
7.25 	A person may park a motor vehicle for a physically disabled
7.26 	person in a parking space described in clause (1) or (2) only
7.27 	when actually transporting the physically disabled person for
7.28 	the sole benefit of that person and when the parking space is
7.29 	within a reasonable distance from the drop-off point.
7.30 	(b) For purposes of this subdivision, a certificate is
7.31 	prominently displayed if it is displayed so that it may be
7.32 	viewed from the front and rear of the motor vehicle by hanging
7.33 	it from the rearview mirror attached to the front windshield of
7.34 	the motor vehicle.  If there is no rearview mirror or if the
7.35 	certificate holder's disability precludes placing the
7.36 	certificate on the mirror, the ~~placard~~ certificate must be
8.1 	displayed on the dashboard on the driver's side of the vehicle.
8.2 	No part of the certificate may be obscured.
8.3 	(c) Notwithstanding paragraph (a), clauses (1), (2), and
8.4 	(3), this section does not permit parking in areas prohibited by
8.5 	sections 169.32 and 169.34, in designated no parking spaces, or
8.6 	in parking spaces reserved for specified purposes or vehicles.
8.7 	A local governmental unit may, by ordinance, prohibit parking on
8.8 	any street or highway to create a fire lane, or to accommodate
8.9 	heavy traffic during morning and afternoon rush hours and these
8.10 	ordinances also apply to physically disabled persons.
8.11 		Subd. 2.Definitions. (a) For the purpose of section
8.12 	168.021 and this section, the following terms have the meanings
8.13 	given them in this subdivision.
8.14 	(b) "Health professional" means a licensed physician,
8.15 	registered physician assistant, advanced practice registered
8.16 	nurse, or licensed chiropractor.
8.17 	(c) "Intermediate-term certificate" means a certificate
8.18 	issued for a period greater than 12 months but not greater than
8.19 	71 months.
8.20 	(d) "Long-term certificate" means a certificate issued for
8.21 	a period of six years.
8.22 	(e) "Organization certificate" means a certificate issued
8.23 	to an entity other than a natural person for a period of three
8.24 	years.
8.25 	(f) "Permit" refers to a permit that is issued for a period
8.26 	of 30 days, in lieu of the certificate referred to in
8.27 	subdivision 3, while the application is being processed.
8.28 	(g) "Physically disabled person" means a person who:
8.29 	(1) because of disability cannot walk without significant
8.30 	risk of falling;
8.31 	(2) because of disability cannot walk 200 feet without
8.32 	stopping to rest;
8.33 	(3) because of disability cannot walk without the aid of
8.34 	another person, a walker, a cane, crutches, braces, a prosthetic
8.35 	device, or a wheelchair;
8.36 	(4) is restricted by a respiratory disease to such an
9.1 	extent that the person's forced (respiratory) expiratory volume
9.2 	for one second, when measured by spirometry, is less than one
9.3 	liter;
9.4 	(5) has an arterial oxygen tension (PAO2) of less than 60
9.5 	mm/Hg on room air at rest;
9.6 	(6) uses portable oxygen;
9.7 	(7) has a cardiac condition to the extent that the person's
9.8 	functional limitations are classified in severity as class III
9.9 	or class IV according to standards set by the American Heart
9.10 	Association;
9.11 	(8) has lost an arm or a leg and does not have or cannot
9.12 	use an artificial limb; or
9.13 	(9) has a disability that would be aggravated by walking
9.14 	200 feet under normal environmental conditions to an extent that
9.15 	would be life threatening.
9.16 	(h) "Short-term certificate" means a certificate issued for
9.17 	a period greater than six months but not greater than 12 months.
9.18 	(i) "Temporary certificate" means a certificate issued for
9.19 	a period not greater than six months.
9.20 	Subd. 2a.  [HEALTH PROFESSIONAL'S MEDICAL STATEMENT.] (a)
9.21 	The commissioner shall develop a ~~form~~ format for the
9.22 	~~physician's, physician assistant's, advanced practice registered~~
9.23 	~~nurse's, or chiropractor's~~ medical statement.  The medical 
9.24 	statement must be signed by a ~~licensed physician, registered~~
9.25 	~~physician assistant, advanced practice registered nurse, or~~
9.26 	~~licensed chiropractor~~ health professional who certifies that the
9.27 	applicant is a physically disabled person as defined in
9.28 	subdivision 2.  The commissioner may request additional
9.29 	information from the ~~physician, physician assistant, advanced~~
9.30 	~~practice registered nurse, or chiropractor~~ health professional 
9.31 	if needed to verify the applicant's eligibility.  The medical 
9.32 	statement that the applicant is a physically disabled person
9.33 	must specify whether the disability is permanent or temporary~~,~~
9.34 	and,if temporary, the opinion of the ~~physician, physician~~
9.35 	~~assistant, advanced practice registered nurse, or~~
9.36 	~~chiropractor~~ health professional as to the duration of the
10.1 	disability.  A ~~physician, physician assistant, advanced practice~~
10.2 	~~registered nurse, or chiropractor~~ health professional who
10.3 	fraudulently certifies to the commissioner that a person is a
10.4 	physically disabled person as defined in subdivision 2, and that
10.5 	the person is entitled to the ~~license~~ disability plates
10.6 	authorized by section 168.021 or to the certificate authorized
10.7 	by this section, is guilty of a misdemeanor and is subject to a
10.8 	fine of $500.
10.9 	(b) The commissioner may waive the requirement of providing
10.10 	a statement of a ~~licensed physician, registered physician~~
10.11 	~~assistant, advanced practice registered nurse, or licensed~~
10.12 	~~chiropractor,~~health professional if the applicant has
10.13 	previously filed with the commissioner a statement of a ~~licensed~~
10.14 	~~physician, registered physician assistant, advanced practice~~
10.15 	~~registered nurse, or licensed chiropractor~~ health professional 
10.16 	certifying that the applicant has a permanent physical
10.17 	disability.
10.18 		Subd. 3.Identifying certificate. (a) The ~~Division of~~
10.19 	~~Driver and Vehicle Services in the Department of Public~~
10.20 	~~Safety~~ commissioner shall issue (1) immediately, a ~~temporary~~ 
10.21 	permit valid for 30 days~~,~~if the person is eligible for the
10.22 	certificate issued under this ~~paragraph,~~section and (2) ~~a~~
10.23 	~~special~~ an identifying certificate for a motor vehicle when a
10.24 	physically disabled applicant submits proof of physical
10.25 	disability under subdivision 2a.  The commissioner shall design
10.26 	separate certificates for persons with permanent and temporary
10.27 	disabilities that can be readily distinguished from each other
10.28 	from outside a motor vehicle at a distance of 25 feet. ~~The~~
10.29 	~~certificate is valid for six years, if the disability is~~
10.30 	~~specified in the physician's or chiropractor's statement as~~
10.31 	~~permanent, and is valid for a period not to exceed six months,~~
10.32 	~~if the disability is specified as temporary~~ An applicant may be
10.33 	issued up to two certificates if the applicant has not been
10.34 	issued disability plates under section 168.021.
10.35 	(b) The operator of a motor vehicle displaying a
10.36 	certificate has the parking privileges provided in subdivision 1
11.1 	only while the motor vehicle is actually parked while
11.2 	transporting a physically disabled person.
11.3 	(c) The commissioner shall cancel all certificates issued
11.4 	to an applicant who fails to comply with the requirements of
11.5 	this subdivision.
11.6 		Subd. 3a.Organization certificates. (a) An organization
11.7 	providing transportation to one or more physically disabled
11.8 	persons may apply to the commissioner for one or more
11.9 	organization certificates for motor vehicles owned or operated
11.10 	on behalf of the organization.
11.11 	(b) The organization shall submit a written statement of
11.12 	intent to the commissioner signed by an officer of the
11.13 	organization.  The statement must:
11.14 	(1) indicate the number of certificates requested;
11.15 	(2) state that all issued certificates must be used solely
11.16 	for the benefit of physically disabled persons;
11.17 	(3) state that the organization shall report lost or stolen
11.18 	certificates to the commissioner within 24 hours of first
11.19 	discovery; and 
11.20 	(4) state that the organization shall immediately notify
11.21 	the commissioner of any misuse or suspected misuse of any
11.22 	certificate issued to the organization.
11.23 	(c) An organization shall include with the application a
11.24 	description of the internal controls to be used to ensure the
11.25 	proper use of certificates and to account for all issued
11.26 	certificates.  The controls must include:
11.27 	(1) maintenance of a current list of the make, model, and
11.28 	plate number of all motor vehicles in which a certificate issued
11.29 	to the organization will be used; and 
11.30 	(2) maintenance of a current list of the name and driver's
11.31 	license number of all individuals authorized to operate the
11.32 	motor vehicle in which certificates issued to the organization
11.33 	will be used.
11.34 	(d) When the commissioner is satisfied that ~~a motor vehicle~~
11.35 	~~is used primarily for the purpose of transporting~~ an
11.36 	organization will use a certificate to transport physically
12.1 	disabled persons, the ~~division may~~ commissioner shall issue
12.2 	without charge (1) immediately, a ~~temporary~~ permit valid for 30
12.3 	days~~,~~if the ~~operator~~ organization is eligible for ~~the~~ a 
12.4 	certificate ~~issued under this paragraph,~~and (2) ~~a special~~
12.5 	~~identifying~~ an organization certificate for the motor vehicle.
12.6 	~~The operator of a vehicle displaying the certificate or~~
12.7 	~~temporary permit has the parking privileges provided in~~
12.8 	~~subdivision 1 only while the vehicle is actually in use for~~
12.9 	~~transporting physically disabled persons.~~
12.10 	(e) The certificate issued to ~~a person~~ an organization 
12.11 	transporting physically disabled persons must be renewed every
12.12 	third year.  On original application and renewal, the
12.13 	~~person~~ organization must present evidence that ~~the vehicle~~ each
12.14 	certificate issued continues to be used ~~for transporting~~ 
12.15 	exclusively to transport physically disabled persons.
12.16 	~~When~~ (f) The commissioner ~~of public safety issues~~
12.17 	~~commercial certificates to an organization, the commissioner~~
12.18 	~~shall require documentation satisfactory to the commissioner~~
12.19 	~~from each organization that procedures and controls have been~~
12.20 	~~implemented to ensure that the parking privileges available~~
12.21 	~~under this section will not be abused.~~shall cancel all
12.22 	certificates issued to an applicant who fails to comply with the
12.23 	requirements of this subdivision.
12.24 	~~(c)~~ Subd. 3b.[CERTIFICATE DESIGN, FORMAT, INFORMATION.] A
12.25 	certificate must be made of plastic or similar durable material
12.26 	and must bear its expiration date prominently on both sides. ~~A~~
12.27 	~~certificate issued prior to January 1, 1994, must bear its~~
12.28 	~~expiration date prominently on its face and will remain valid~~
12.29 	~~until that date or December 31, 2000, whichever shall come~~
12.30 	~~first.~~A certificate issued to a temporarily disabled person
12.31 	must display the date of expiration of the duration of the
12.32 	disability, as determined under ~~paragraph (a)~~ subdivision 3 or
12.33 	3a.  Each applicant must be provided a summary of the parking
12.34 	privileges and restrictions that apply to each motor vehicle for
12.35 	which the certificate is used.
12.36 		Subd. 3c.Fees; organization, temporary, and short-term
13.1 	certificates. The commissioner may charge a fee of $5 for
13.2 	issuance ~~or renewal~~ of ~~a~~ each organization certificate ~~or~~ ,
13.3 	each temporary ~~permit,~~certificate, and each short-term
13.4 	certificate and a fee of $5 for a duplicate to replace a lost,
13.5 	stolen, or damaged organization, temporary, or short-term 
13.6 	certificate ~~or temporary permit.  The commissioner shall not~~
13.7 	~~charge a fee for issuing a certificate to a person who has paid~~
13.8 	~~a fee for issuance of a temporary permit~~.  The commissioner
13.9 	shall not issue more than three ~~replacement~~ duplicate
13.10 	certificates for lost, stolen, or canceled certificates within
13.11 	any six-year period without the approval of the Minnesota State 
13.12 	Council on Disability.
13.13 		Subd. 4.Unauthorized use or noncompliance; ~~revocation~~ 
13.14 	cancellation; misdemeanor. (a) If a peace officer, authorized
13.15 	parking enforcement employee or agent of a statutory or home
13.16 	rule charter city or town, representative of the Minnesota State
13.17 	Council on Disability,or an authorized agent of ~~the~~ a citizen
13.18 	enforcement program under section 169.346, subdivision 4,finds
13.19 	that ~~the~~ a certificate ~~or temporary~~ ,permit, or disability
13.20 	plate is being improperly used, or the applicant is no longer
13.21 	eligible,the officer, municipal employee, representative,or
13.22 	agent shall report the violation or situation to the ~~Division of~~
13.23 	~~Driver and Vehicle Services in the Department of Public Safety~~
13.24 	~~and the~~ commissioner ~~of public safety~~ .  The commissioner may
13.25 	~~revoke~~ cancel the certificate ~~or temporary~~ ,permit, or
13.26 	disability plates issued under section 168.021 on determining
13.27 	that:
13.28 	(1) the certificate, permit, or plates were used
13.29 	improperly;
13.30 	(2) the certificate, permit, or plates were fraudulently
13.31 	obtained;
13.32 	(3) the certificate, permit, or plates were issued in
13.33 	error;
13.34 	(4) the person who was issued the certificate, permit, or
13.35 	plates is deceased;
13.36 	(5) the person who was issued the certificate, permit, or
14.1 	plates no longer maintains a Minnesota address; or 
14.2 	(6) the person or organization has failed to comply with
14.3 	the requirements of this section.
14.4 	(b) A person who uses ~~the~~ a certificate ~~or temporary~~ ,
14.5 	permit, or disability plates in violation of this section is
14.6 	guilty of a misdemeanor and is subject to a fine of $500.

14.7 	Sec. 8. Minnesota Statutes 2004, section 169.346,
14.8 	subdivision 1, is amended to read:
14.9 		Subdivision 1.Disability parking space prohibitions.  A
14.10 	person shall not:
14.11 	(1) park a motor vehicle in or obstruct access to a parking
14.12 	space or associated access aisle designated and reserved for the
14.13 	physically disabled, on either private or public property;
14.14 	(2) park a motor vehicle in or obstruct access to an area
14.15 	designated by a local governmental unit as a transfer zone for
14.16 	disabled persons;
14.17 	(3) alter a certificate;
14.18 	(4) exercise the parking privilege provided in section
14.19 	169.345, unless:
14.20 	(i) that person is a physically disabled person as defined
14.21 	in section 169.345, subdivision 2, or the person is transporting
14.22 	or parking a motor vehicle for a physically disabled person; and
14.23 	(ii) the motor vehicle visibly displays one of the
14.24 	following:  a ~~license~~ disability plate issued under section
14.25 	168.021, a certificate issued under section 169.345, a ~~temporary~~ 
14.26 	permit valid for 30 days issued under section 168.021 or
14.27 	169.345, or an equivalent certificate, insignia, or ~~license~~ 
14.28 	plate issued by another state, a foreign country, or one of its
14.29 	political subdivisions; or
14.30 	~~(4)~~ (5) park a motor vehicle in an area used as a regular
14.31 	route transit stopping point where a transit vehicle that is
14.32 	accessible to the physically disabled regularly stops and a sign
14.33 	that bears the international symbol of access in white on blue
14.34 	is posted.  A sign posted under this clause may display other
14.35 	information relating to the regular route transit service.  For
14.36 	purposes of this clause, an area used as a regular route transit
15.1 	stopping point consists of the 80 feet immediately preceding the
15.2 	sign described in this clause.

15.3 	Sec. 9. Minnesota Statutes 2004, section 169.346,
15.4 	subdivision 2, is amended to read:
15.5 		Subd. 2.Disability parking space signs.  (a) Parking
15.6 	spaces reserved for physically disabled persons must be
15.7 	designated and identified by the posting of signs incorporating
15.8 	the international symbol of access in white on blue and
15.9 	indicating that violators are subject to a fine of up to $200.
15.10 	These parking spaces are reserved for disabled persons with
15.11 	motor vehicles displaying the required certificate, ~~license~~ 
15.12 	plates, ~~temporary~~ permit valid for 30 days, or insignia. ~~Signs~~
15.13 	~~sold after August 1, 1991, must conform to the design~~
15.14 	~~requirements in this paragraph.~~
15.15 	(b) For purposes of this subdivision, a parking space that
15.16 	is clearly identified as reserved for physically disabled
15.17 	persons by a permanently posted sign that does not meet all
15.18 	design standards, is considered designated and reserved for
15.19 	physically disabled persons.  A sign posted for the purpose of
15.20 	this section must be visible from inside a motor vehicle parked
15.21 	in the space, be kept clear of snow or other obstructions which
15.22 	block its visibility, and be nonmovable or only movable by
15.23 	authorized persons.

15.24 	Sec. 10. Minnesota Statutes 2004, section 169.346,
15.25 	subdivision 2a, is amended to read:
15.26 		Subd. 2a.Parking space free of obstruction; penalty.
 15.27 	The owner or manager of the property on which the designated
15.28 	parking space is located shall ensure that the parking space ~~is~~ 
15.29 	and associated access aisle are kept free of obstruction.  If
15.30 	the owner or manager does not have the parking space properly
15.31 	posted or allows the parking space or access aisle to be blocked
15.32 	by snow, merchandise, or similar obstructions for 24 hours after
15.33 	receiving a warning from a peace officer, the owner or manager
15.34 	is guilty of a misdemeanor and subject to a fine of up to $500.

15.35 	Sec. 11. Minnesota Statutes 2004, section 169.346,
15.36 	subdivision 3, is amended to read:
16.1 		Subd. 3.Misdemeanor; enforcement.  A person who violates
16.2 	subdivision 1 is guilty of a misdemeanor and ~~shall~~ must be fined
16.3 	not less than $100 ~~or~~ and not more than $200.  This
16.4 	subdivision ~~shall~~ must be enforced in the same manner as parking
16.5 	ordinances or regulations in the governmental subdivision in
16.6 	which the violation occurs.  Law enforcement officers ~~have the~~
16.7 	~~authority to~~ may tag motor vehicles parked on either private or
16.8 	public property in violation of subdivision 1.  Parking
16.9 	enforcement employees or agents of statutory or home rule
16.10 	charter cities or towns ~~have the authority to~~ may tag or
16.11 	otherwise issue citations for motor vehicles parked on public
16.12 	property in violation of subdivision 1.  If a holder of a
16.13 	disability certificate or disability plates allows a person who
16.14 	is not otherwise eligible to use the certificate or plates, then
16.15 	the holder ~~shall~~ is not ~~be~~ eligible to be issued or to use a
16.16 	disability certificate or plates for 12 months after the date of
16.17 	violation.  A physically disabled person, or a person parking
16.18 	a motor vehicle for a disabled person, who is charged with
16.19 	violating subdivision 1 because the person parked in a parking
16.20 	space for physically disabled persons without the required
16.21 	certificate, license plates, or ~~temporary~~ permit ~~shall~~ must not
16.22 	be convicted if the person produces in court or before the court
16.23 	appearance the required certificate, ~~temporary~~ permit, or
16.24 	evidence that the person has been issued ~~license~~ plates under
16.25 	section 168.021, and demonstrates entitlement to the
16.26 	certificate, plates, or ~~temporary~~ permit at the time of arrest
16.27 	or tagging.