Minnesota Legislature
HF 3678
as introduced - 89th Legislature (2015 - 2016) Posted on 03/29/2016 11:11am
Current Version - as introduced
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A bill for an act
relating to traffic regulations; authorizing disability parking for individuals with
dementia; amending Minnesota Statutes 2014, sections 168.021, subdivisions
1, 1a, 2a, 3, 5; 169.345, subdivisions 1, 2, 2a, 3, 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 168.021, subdivision 1, is amended to read:
Subdivision 1.
Disability plates; application.
(a) When a motor vehicle registered
under section 168.017, a motorcycle, a one-ton pickup truck, or a self-propelled
recreational vehicle is owned or primarily operated by a permanently physically disabled
personnew text begin , owned by an individual with dementia,new text end or new text begin owned or primarily operated by new text end a
custodial parent or guardian of a permanently physically disabled minornew text begin or minor with
dementianew text end , the owner may apply for and secure from the commissionernew text begin :
new text end
(1) immediately, a temporary permit valid for 30 days if the applicant is eligible for
the disability plates issued under this sectionnew text begin ;new text end and
(2) two disability plates with attached emblems, one plate to be attached to the front,
and one to the rear of the motor vehicle, truck, or recreational vehicle, or, in the case of a
motorcycle, one disability plate the same size as a regular motorcycle plate.
(b) The commissioner shall not issue more than one plate to the owner of a
motorcycle and not more than one set of plates to any owner of another vehicle described
in paragraph (a) at the same time unless the state Council on Disability approves the
issuance of a second plate or set of plates to an owner.
(c) When the owner first applies for the disability plate or plates, the owner must
submit a medical statement in a format approved by the commissioner under section
169.345, or proof of physical disabilitynew text begin or dementianew text end provided for in that section.
(d) No medical statement or proof of disability is required when an owner applies for
a plate or plates for one or more vehicles listed in paragraph (a) that are specially modified
for and used exclusively by permanently physically disabled persons.
(e) The owner of a vehicle listed in paragraph (a) may apply for and secure (i)
immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability
plate or plates issued under this section, and (ii) a disability plate or plates for the vehicle if:
(1) the owner employs a permanently physically disabled person who would qualify
for the disability plate or 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.
Sec. 2.
Minnesota Statutes 2014, section 168.021, subdivision 1a, is amended to read:
Subd. 1a.
Scope of privilege.
If a physically disabled person parks a vehicle
described in subdivision 1, displaying the disability plate or plates described in this
section, or a permit valid for 30 days and issued to an eligible person awaiting receipt
of the disability plate or plates described in this section, or any person parks the motor
vehicle for a physically disabled personnew text begin or an individual with dementianew text end , that person is
entitled to park the motor vehicle as provided in section 169.345.
Sec. 3.
Minnesota Statutes 2014, section 168.021, subdivision 2a, is amended to read:
Subd. 2a.
Plate transfer.
(a) When ownership of a vehicle described in subdivision
1, is transferred, the owner of the vehicle shall remove the disability plate or plates. The
buyer of the motor vehicle is entitled to receive a regular plate or plates for the vehicle
without further cost for the remainder of the registration period.
(b) Notwithstanding section 168.12, subdivision 1, the disability plate or plates may
be transferred to a replacement vehicle on notification to the commissioner. However,
the disability plate or plates may not be transferred unless the replacement vehicle (1) is
listed under section 168.012, subdivision 1, and, in case of a single plate for a motorcycle,
the replacement vehicle is a motorcycle, and (2) is owned or primarily operated by the
permanently physically disabled personnew text begin or owned by an individual with dementianew text end .
Sec. 4.
Minnesota Statutes 2014, section 168.021, subdivision 3, is amended to read:
Subd. 3.
Penalties for unauthorized use of plates.
(a) A person who uses the
disability plate or plates or 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
vehicle bearing the disability plates or permit if:
(1) the person is the owner of the vehicle described in subdivision 1 and permits its
operation by a physically disabled person;
(2) the person operates the vehicle with the consent of the owner who is physically
disablednew text begin or who has dementianew text end ; or
(3) the person is the owner of the vehicle, is the custodial parent or guardian of a
permanently physically disabled minornew text begin or a minor with dementianew text end , and operates the 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 vehicle for a physically disabled
personnew text begin or an individual with dementianew text end .
Sec. 5.
Minnesota Statutes 2014, section 168.021, subdivision 5, is amended to read:
Subd. 5.
Definitions.
For the purposes of this section, the deleted text begin termdeleted text end new text begin termsnew text end "physically
disabled person" deleted text begin hasdeleted text end new text begin and "dementia" havenew text end the deleted text begin meaningdeleted text end new text begin meaningsnew text end given deleted text begin itdeleted text end in section
169.345, subdivision 2.
Sec. 6.
Minnesota Statutes 2014, 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 physically disabled personnew text begin or an individual with
dementianew text end :
(1) in a designated parking space for disabled persons, as provided in section 169.346;
(2) in a metered parking space without obligation to pay the meter fee and without
time restrictions unless time restrictions are separately posted on official signs; and
(3) without time restrictions in a nonmetered space where parking is otherwise
allowed for passenger vehicles but restricted to a maximum period of time and that does
not specifically prohibit the exercise of disabled parking privileges in that space.
A person may park the 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 or, in the case
of a motorcycle, 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 physically disabled personsnew text begin and individuals with dementianew text end .
Sec. 7.
Minnesota Statutes 2014, 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.
new text begin
(b) "Dementia" has the meaning given in United States Code, title 42, section
483.102(b)(2).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Health professional" means a licensed physician, licensed physician
assistant, advanced practice registered nurse, or licensed chiropractor.
deleted text begin (c)deleted text end new text begin (d)new text end "Long-term certificate" means a certificate issued for a period greater than 12
months but not greater than 71 months.
deleted text begin (d)deleted text end new text begin (e)new text end "Organization certificate" means a certificate issued to an entity other than a
natural person for a period of three years.
deleted text begin (e)deleted text end new text begin (f)new text end "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the
certificate referred to in subdivision 3, while the application is being processed.
deleted text begin (f)deleted text end new text begin (g)new text end "Physically disabled person" means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker, a
cane, crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less
than one liter;
(5) has an arterial oxygen tension (PaO2) of less than 60 mm/Hg on room air at rest;
(6) uses portable oxygen;
(7) has a cardiac condition to the extent that the person's functional limitations are
classified in severity as class III or class IV according to standards set by the American
Heart Association;
(8) has lost an arm or a leg and does not have or cannot use an artificial limb; 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 end new text begin (h)new text end "Short-term certificate" means a certificate issued for a period greater than six
months but not greater than 12 months.
deleted text begin (h)deleted text end new text begin (i)new text end "Six-year certificate" means a certificate issued for a period of six years.
deleted text begin (i)deleted text end new text begin (j)new text end "Temporary certificate" means a certificate issued for a period not greater
than six months.
Sec. 8.
Minnesota Statutes 2014, section 169.345, subdivision 2a, is amended to read:
Subd. 2a.
Health professional's medical statement.
(a) The commissioner shall
develop a format for the medical statement. The medical statement must be signed by
a health professional who certifies that the applicant is a physically disabled personnew text begin or
an individual with dementianew text end as defined in subdivision 2. The commissioner may request
additional information from the health professional if needed to verify the applicant's
eligibility. The medical statement that the applicant is a physically disabled personnew text begin or an
individual with dementianew 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.
A health professional who fraudulently certifies to the commissioner that a person is a
physically disabled personnew text begin or an individual with dementianew text end as defined in subdivision 2, and
that the person is entitled to the disability plates authorized by section 168.021 or to the
certificate authorized by this section, is guilty of a misdemeanor and is subject to a fine
of $500.
(b) The commissioner may waive the requirement of providing a statement of a
health professional if the applicant has previously filed with the commissioner a statement
of a health professional certifying that the applicant has a permanent physical disability
new text begin or permanent dementianew text end .
Sec. 9.
Minnesota Statutes 2014, section 169.345, subdivision 3, is amended to read:
Subd. 3.
Identifying certificate.
(a) The commissioner shall issue (1) immediately,
a permit valid for 30 days if the person is eligible for the certificate issued under this section
and (2) an identifying certificate for a vehicle described in section 168.021, subdivision 1,
paragraph (a), when deleted text begin a physically disableddeleted text end new text begin annew text end applicant submits proof of physical disability
new text begin or dementianew text end 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 or, in the case of a motorcycle,
can be readily secured to the motorcycle. 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
physically disabled personnew text begin or an individual with dementianew text end .
(c) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.
Sec. 10.
Minnesota Statutes 2014, section 169.345, subdivision 3a, is amended to read:
Subd. 3a.
Organization certificates.
(a) An organization providing transportation
to one or more physically disabled personsnew text begin or individuals with dementianew text end 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 personsnew text begin and individuals with dementianew text end ;
(3) state that the organization shall report lost or stolen certificates to the
commissioner within 24 hours of first discovery; and
(4) state that the organization shall immediately notify the commissioner of any
misuse or suspected misuse of any certificate issued to the organization.
(c) An organization shall include with the application a description of the internal
controls to be used to ensure the proper use of certificates and to account for all issued
certificates. The controls must include:
(1) maintenance of a current list of the make, model, and plate number of all motor
vehicles in which a certificate issued to the organization will be used; and
(2) maintenance of a current list of the name and driver's license number of all
individuals authorized to operate the motor vehicle in which certificates issued to the
organization will be used.
(d) When the commissioner is satisfied that an organization will use a certificate to
transport physically disabled personsnew text begin and individuals with dementianew text end , the commissioner
shall issue without charge (1) immediately, a permit valid for 30 days if the organization is
eligible for a certificate and (2) an organization certificate for the motor vehicle.
(e) The certificate issued to an organization transporting physically disabled persons
new text begin and individuals with dementianew text end must be renewed every third year. On original application
and renewal, the organization must present evidence that each certificate issued continues to
be used exclusively to transport physically disabled personsnew text begin and individuals with dementianew text end .
(f) The commissioner shall cancel all certificates issued to an applicant who fails to
comply with the requirements of this subdivision.