Accessible parking enforcement standards modifications, statewide citizen disability parking enforcement program requirement, certain postpartum people usage of accessible parking spaces authorization, and appropriation

A bill for an act

relating to transportation; modifying accessible parking enforcement standards;

requiring statewide citizen disability parking enforcement program; authorizing

certain postpartum people to use accessible parking spaces; establishing penalties;

requiring rulemaking; appropriating money; amending Minnesota Statutes 2024,

sections 169.345, subdivision 2; 169.346, subdivisions 2, 2a, 4.

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

Section 1.

Minnesota Statutes 2024, section 169.345, subdivision 2, is amended to read:

Subd. 2.

Definitions.

(a) For the purpose of section
168.021
and this section, the following

terms have the meanings given them in this subdivision.

(b) "Health professional" means a licensed physician, licensed physician assistant,

advanced practice registered nurse, licensed physical therapist, or licensed chiropractor.

(c) "Long-term certificate" means a certificate issued for a period greater than 12 months

but not greater than 71 months.

(d) "Organization certificate" means a certificate issued to an entity other than a natural

person for a period of three years.

(e) "Permit" refers to a permit that is issued for a period of 30 days, in lieu of the

certificate referred to in subdivision 3, while the application is being processed.

(f) "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 (PaO
2
) 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;

(9) has a disability that would be aggravated by walking 200 feet under normal

environmental conditions to an extent that would be life threatening; or

(10) is legally blind.

(g) A pregnant person
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or a postpartum person within 45 days of giving birth
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experiencing

any of the conditions described in paragraph (f) is eligible for parking privileges pursuant

to this section.

(h) "Short-term certificate" means a certificate issued for a period greater than six months

but not greater than 12 months.

(i) "Six-year certificate" means a certificate issued for a period of six years.

(j) "Temporary certificate" means a certificate issued for a period not greater than six

months.

Sec. 2.

Minnesota Statutes 2024, section 169.346, subdivision 2, is amended to read:

Subd. 2.

Disability parking space signs
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; pavement markings
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.

(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, plates, permit valid

for 30 days, or insignia.

(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.

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(c) All accessible parking spaces and associated access aisles must be clearly marked

and visible on paved surfaces under dry conditions.

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(c)
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(d)
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By August 1, 2024, the Minnesota Council on Disability must select and propose

a statewide uniform disability parking space sign that is consistent with the Americans with

Disabilities Act. The selected and proposed sign must not display any variation of the word

"handicapped." As part of selecting and proposing a statewide uniform disability parking

space sign, the Minnesota Council on Disability may encourage owners or managers of

property to replace existing disability parking space signs at the owner's earliest opportunity

once the sign is made available for distribution.

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(d)
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(e)
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Beginning on August 1, 2025, an applicable owner or manager of property on

which a disability parking sign may be located must install and display the new uniform

disability parking sign required in paragraph
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(c)
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(d)
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at:

(1) newly created on-site parking facilities; and

(2) existing on-site parking facilities when the manager or owner replaces existing

disability parking space signs.

Sec. 3.

Minnesota Statutes 2024, 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 must ensure that the parking

space and associated access aisle are kept free of obstruction. If the owner or manager does

not have the parking space properly posted or knowingly allows the parking space or access

aisle to be blocked
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or obstructed
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by
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plowed
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snow,
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ice,
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merchandise, or similar obstructions,

the owner or manager is guilty of a misdemeanor and subject to a fine of up to $500
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per

day the obstruction exists
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.

Sec. 4.

Minnesota Statutes 2024, section 169.346, subdivision 4, is amended to read:

Subd. 4.

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Local ordinance;
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Citizen enforcement program.

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(a)
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A statutory or home rule

charter city may, by ordinance,
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and the commissioner, in collaboration with the Minnesota

Council on Disability, must
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establish a program to enforce the parking restrictions of this

section or any similar local ordinance, relating to parking spaces for the physically disabled,

by using citizen volunteers to issue citations to violators. The ordinance
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shall
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and statewide

program must
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contain a process for training program participants in the requirements of the

law, the method of issuing citations, and other related matters. Program participants who

satisfy the training requirements of the ordinance are authorized to issue citations for

violations of this section and are exempt from any other training or licensure requirements

imposed on law enforcement officers by chapter 626.

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(b) In collaboration with the Minnesota Council on Disability, the commissioner must

establish a digital reporting portal on the department's website to allow citizens to report

disability parking space violations.

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(c) A $25 surcharge is added to all fines paid pursuant to citizen citations issued under

this subdivision. Of the amounts paid pursuant to citizen citations issued pursuant to the

statewide program under paragraph (a), 50 percent is transferred to the agency administering

the citation and the remaining 50 percent is deposited in the accessible parking citizen

enforcement program account, which is established in the special revenue fund. Money in

the account is annually appropriated first to the commissioner for administration of the

account funds. The remaining money is annually appropriated to the Minnesota Council on

Disability for accessible parking awareness, education, marketing, and grants for expanding

disability parking space accessibility across the state.

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Sec. 5.
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ACCESSIBLE PARKING CITIZEN ENFORCEMENT PROGRAM;

APPROPRIATION.
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(a) $250,000 in fiscal year 2027 is appropriated from the general fund to the commissioner

of transportation to implement the accessible parking citizen enforcement program established

under Minnesota Statutes, section 169.346, subdivision 4. This is a onetime appropriation.

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(b) $75,000 in fiscal year 2027 is appropriated from the general fund to the Minnesota

Council on Disability to coordinate with the commissioner of transportation in operating,

and to raise awareness of, the accessible parking citizen enforcement program established

under Minnesota Statutes, section 169.346, subdivision 4. This is a onetime appropriation.

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Sec. 6.
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ACCESSIBLE PARKING SPACES; RULEMAKING.
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(a) The Department of Labor and Industry must amend Minnesota Rules, part 1341.0502,

to require at least ten percent of all parking spaces to be disability parking spaces. The

ten-percent standard must apply to new and resurfaced or repainted parking lots beginning

July 1, 2027, and all parking lots by June 30, 2031.

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(b) The Department of Labor and Industry must amend Minnesota Rules, part 1341.0502,

subpart 2, to require signs marking access aisles to include a warning that unauthorized

parking in an access aisle is subject to the fines and penalties under Minnesota Statutes,

section 169.346.

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(c) The Department of Labor and Industry may use the good cause exemption under

Minnesota Statutes, section 14.388, in adopting rules required under this section.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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