HF 2247

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring the commissioner 
  1.3             of transportation to evaluate principal arterial 
  1.4             alignments surrounding the metropolitan area as part 
  1.5             of evaluation of a second beltway; requiring future 
  1.6             use of highway centerline rumble strips; providing for 
  1.7             premium paratransit project; regulating toll 
  1.8             facilities; modifying interstate vehicle registration 
  1.9             provisions; modifying bond requirements for vehicle 
  1.10            dealers; modifying vehicle certificate of title 
  1.11            provisions pertaining to dealers and authorizing a fee 
  1.12            for deputy registrars; regulating day activity center 
  1.13            buses; modifying gross vehicle weight provisions; 
  1.14            regulating use of traffic citations; extending 
  1.15            duration of driver instruction permits to two years; 
  1.16            modifying requirements for commercial vehicle drivers; 
  1.17            modifying driver's license fee provisions; requiring 
  1.18            plan for county ten-ton highway system; modifying 
  1.19            provisions relating to public safety radio 
  1.20            communications operators; requiring preparation of 
  1.21            20-year state aviation plan; including the Division of 
  1.22            Driver and Vehicle Services in the definition of 
  1.23            appropriate agency for purposes of certain property 
  1.24            forfeitures; authorizing rulemaking; requiring a 
  1.25            report; amending Minnesota Statutes 2002, sections 
  1.26            160.85, subdivisions 1, 3a; 160.86; 160.87, by adding 
  1.27            a subdivision; 168.187, by adding a subdivision; 
  1.28            168.27, subdivision 24; 168A.11, subdivisions 1, 2; 
  1.29            169.448, by adding a subdivision; 169.824, subdivision 
  1.30            2; 169.985; 171.05, subdivisions 1, 2; 171.165, 
  1.31            subdivisions 1, 4, by adding a subdivision; 179A.03, 
  1.32            subdivision 7; 179A.10, subdivision 2; 360.015, by 
  1.33            adding a subdivision; 609.531, subdivision 1; 
  1.34            Minnesota Statutes 2003 Supplement, section 169.86, 
  1.35            subdivision 5; 171.20, subdivision 4; proposing coding 
  1.36            for new law in Minnesota Statutes, chapters 160; 171; 
  1.37            174. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39     Section 1.  [BELTWAY; PLANNING.] 
  1.40     Subdivision 1.  [INCLUSION IN PLANS.] The commissioner of 
  1.41  transportation shall evaluate new principal arterial alignments 
  2.1   surrounding the metropolitan area as part of the metropolitan 
  2.2   area's transportation system plan, with particular attention to 
  2.3   evaluating these alignments in the context of planning for a 
  2.4   second beltway around the metropolitan area.  The commissioner 
  2.5   shall coordinate activities under this subdivision with the 
  2.6   Metropolitan Council's preparation of its transportation policy 
  2.7   plan.  Each alignment must be considered for its capacity to 
  2.8   serve urban development and to provide a traffic bypass of the 
  2.9   metropolitan area. 
  2.10     Subd. 2.  [REPORT.] The commissioner of transportation 
  2.11  shall report to the legislature by January 15, 2005, on the 
  2.12  activities of the commissioner and council under subdivision 1.  
  2.13  The report must include an evaluation of the feasibility and 
  2.14  desirability of conducting a comprehensive study, including 
  2.15  timetables, detailed documentation, cost, and right-of-way needs 
  2.16  of a second beltway. 
  2.17     Sec. 2.  [HIGHWAY PROJECTS; USE OF CENTERLINE RUMBLE 
  2.18  STRIPS.] 
  2.19     The commissioner of transportation shall: 
  2.20     (1) in all projects for the construction, reconstruction, 
  2.21  or resurfacing of two-lane trunk highways outside urban 
  2.22  districts, as defined in Minnesota Statutes, section 169.01, 
  2.23  subdivision 59, that have a design speed of 55 miles per hour or 
  2.24  more, include rumble strips on the centerline of the highway; 
  2.25  and 
  2.26     (2) insure that all projects for the construction, 
  2.27  reconstruction, or resurfacing of two-lane county state-aid 
  2.28  highways outside urban districts that have a design speed of 55 
  2.29  miles per hour or more include rumble strips on the centerline 
  2.30  of the highway. 
  2.31     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  2.32  and applies to highway projects for which contracts are let on 
  2.33  and after that date. 
  2.34     Sec. 3.  [METRO MOBILITY; PREMIUM PARATRANSIT PILOT 
  2.35  PROJECT.] 
  2.36     The Metropolitan Council shall, by October 1, 2004, 
  3.1   implement a pilot project for subsidizing premium paratransit 
  3.2   for certified Metro Mobility users.  The council shall make 
  3.3   agreements with taxi providers or other providers of small 
  3.4   vehicle passenger service under which the council subsidizes 
  3.5   trips made by certified Metro Mobility users who have been 
  3.6   denied same-day reservations by Metro Mobility.  Under the pilot 
  3.7   project the user must pay a base fare of $7 for each such trip, 
  3.8   the council must pay the remainder of the fare up to a maximum 
  3.9   subsidy of $13 per trip, and the user must pay that portion of 
  3.10  the fare that exceeds $20.  The council shall report to the 
  3.11  legislative committees having jurisdiction over transportation 
  3.12  policy and finance by January 15, 2005, on the council's 
  3.13  activities under this section.  The council may not enter into 
  3.14  any provider contracts for Metro Mobility that are in effect in 
  3.15  fiscal year 2006 or 2007 until after the report has been 
  3.16  submitted. 
  3.17     Sec. 4.  Minnesota Statutes 2002, section 160.85, 
  3.18  subdivision 1, is amended to read: 
  3.19     Subdivision 1.  [ROAD AUTHORITY.] A road authority may 
  3.20  solicit or accept proposals from and enter into development 
  3.21  agreements with counties or private operators for developing, 
  3.22  financing, designing, constructing, improving, rehabilitating, 
  3.23  owning, and operating toll facilities wholly or partly within 
  3.24  the road authority's jurisdiction.  A road authority may solicit 
  3.25  proposals from private operators only after the county in which 
  3.26  the proposed toll facilities will be located has refused or 
  3.27  failed to submit a proposal acceptable to the commissioner 
  3.28  within 60 days of the county's receipt of the solicitation of 
  3.29  proposals.  If a road authority solicits toll facility 
  3.30  proposals, it must publish a notice of solicitation in the State 
  3.31  Register. 
  3.32     Sec. 5.  Minnesota Statutes 2002, section 160.85, 
  3.33  subdivision 3a, is amended to read: 
  3.34     Subd. 3a.  [INFORMATION MEETING.] Before approving or 
  3.35  denying a development agreement, the commissioner shall hold a 
  3.36  public information meeting in any municipality or county in 
  4.1   which any portion of the proposed toll facility runs.  The 
  4.2   commissioner shall determine the time and place of the 
  4.3   information meeting.  The commissioner shall make the proposed 
  4.4   development agreement available for public review at the meeting 
  4.5   and for a reasonable period of time before the meeting. 
  4.6      Sec. 6.  Minnesota Statutes 2002, section 160.86, is 
  4.7   amended to read: 
  4.8      160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 
  4.9      A development agreement must include the following 
  4.10  provisions: 
  4.11     (a) The toll facility must meet the road authority's 
  4.12  standards of design and construction for roads and bridges of 
  4.13  the same functional classification. 
  4.14     (b) The commissioner must review and approve the location 
  4.15  and design of a bridge over navigable waters as if the bridge 
  4.16  were constructed by a road authority.  This requirement does not 
  4.17  diminish the private operator's responsibility for bridge safety.
  4.18     (c) The private operator shall manage and operate the toll 
  4.19  facility in cooperation with the road authority and subject to 
  4.20  the development agreement. 
  4.21     (d) The toll facility is subject to regular inspections by 
  4.22  the road authority and the commissioner. 
  4.23     (e) The agreement must provide the terms and conditions of 
  4.24  maintenance, snow removal, and police services to the toll 
  4.25  facility.  The road authority must provide the services.  The 
  4.26  services must meet at least the road authority's standards for 
  4.27  facilities of the same functional classification. 
  4.28     (f) The agreement must establish a reasonable rate of 
  4.29  return on investment and capital during the term of the 
  4.30  agreement. 
  4.31     (g) A development agreement may not contain a provision 
  4.32  that (1) prohibits or restricts a road authority from 
  4.33  constructing, improving, or maintaining any highway within its 
  4.34  jurisdiction, or (2) prohibits or restricts the development, 
  4.35  design, construction, or operation of public transit facilities 
  4.36  or service, including commuter rail lines. 
  5.1      Sec. 7.  [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 
  5.2   REQUIREMENTS.] 
  5.3      Subdivision 1.  [INCLUSION IN STATEWIDE TRANSPORTATION 
  5.4   IMPROVEMENT PROGRAM.] The commissioner of transportation may not 
  5.5   make a development agreement for a toll facility unless the 
  5.6   facility is included in the commissioner's statewide 
  5.7   transportation improvement program for the federal fiscal year 
  5.8   in which construction of the facility would begin. 
  5.9      Subd. 2.  [BUDGET SUBMISSION.] As part of the 
  5.10  commissioner's biennial budget submission to the legislature, 
  5.11  the commissioner shall include a status report of all toll 
  5.12  facilities under active consideration at the time of preparation 
  5.13  of the budget, including: 
  5.14     (1) solicitations of interest; 
  5.15     (2) requests for letters of interest; 
  5.16     (3) calls for corridor concepts; 
  5.17     (4) selection of corridors; 
  5.18     (5) formal requests for proposals, requests for 
  5.19  qualifications, and requests for public partners; and 
  5.20     (6) completed development agreements. 
  5.21  The report must include responses to clauses (1) through (5) to 
  5.22  the extent that information in such responses may be disclosed 
  5.23  under section 13.591, subdivision 3. 
  5.24     Subd. 3.  [REPORT TO LEGISLATIVE COMMITTEES.] The 
  5.25  commissioner shall notify the chairs of the senate and house of 
  5.26  representatives committees having jurisdiction over 
  5.27  transportation policy and finance each time the commissioner 
  5.28  selects a corridor with the intention of soliciting proposals 
  5.29  for a toll facility in that corridor.  The notification must be 
  5.30  made within ten days of the selection. 
  5.31     Sec. 8.  Minnesota Statutes 2002, section 160.87, is 
  5.32  amended by adding a subdivision to read: 
  5.33     Subd. 4.  [LIMITATION ON COLLECTION OF TOLLS; USE OF TOLL 
  5.34  REVENUE.] (a) Notwithstanding subdivisions 1 to 3, a toll 
  5.35  facility operator or road authority may collect tolls on a toll 
  5.36  facility only until all costs related to the construction of the 
  6.1   facility, including right-of-way acquisition and payment of 
  6.2   principal and interest on any debt incurred therefore, have been 
  6.3   paid. 
  6.4      (b) Toll revenue under sections 160.84 to 160.92 may only 
  6.5   be used for costs related to construction as authorized under 
  6.6   paragraph (a), and costs of maintaining and operating the 
  6.7   facility. 
  6.8      Sec. 9.  [160.93] [LIMIT ON DEVELOPMENT AGREEMENTS.] 
  6.9      The commissioner may not enter into more than two 
  6.10  development agreements under sections 160.84 to 160.92 before 
  6.11  July 1, 2006. 
  6.12     Sec. 10.  [160.94] [COMPATIBILITY OF TOLL-COLLECTION 
  6.13  SYSTEMS.] 
  6.14     The commissioner shall take all necessary steps to insure 
  6.15  that (1) all toll facilities use exclusively electronic 
  6.16  collection methods, and (2) to the maximum feasible degree, all 
  6.17  toll-collection systems used in Minnesota are compatible with 
  6.18  each other. 
  6.19     Sec. 11.  Minnesota Statutes 2002, section 168.187, is 
  6.20  amended by adding a subdivision to read: 
  6.21     Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
  6.22  public safety shall refuse to issue a vehicle registration, 
  6.23  license plate, or permit to a vehicle licensed under this 
  6.24  section if the vehicle is assigned to a commercial motor carrier 
  6.25  who has been prohibited from operating in interstate commerce by 
  6.26  a federal agency with authority to do so under federal law. 
  6.27     The commissioner of public safety may revoke the 
  6.28  registration of a vehicle licensed under this section if the 
  6.29  vehicle is assigned to a commercial motor carrier who has been 
  6.30  prohibited from operating in interstate commerce by a federal 
  6.31  agency with authority to do so under federal law. 
  6.32     If the prohibition by the federal agency is rescinded, the 
  6.33  commissioner of public safety may reinstate a vehicle 
  6.34  registration under this section if registration taxes and fees 
  6.35  have been paid. 
  6.36     Sec. 12.  Minnesota Statutes 2002, section 168.27, 
  7.1   subdivision 24, is amended to read: 
  7.2      Subd. 24.  [BONDS.] (a) Except as otherwise provided in 
  7.3   this subdivision, all persons licensed according to this section 
  7.4   shall keep in full force and effect a bond with a corporate 
  7.5   surety to be approved by the registrar of motor vehicles in the 
  7.6   following amounts; in the case of boat trailer, snowmobile 
  7.7   trailer, horse trailer or motorized bicycle dealers, or dealers 
  7.8   in trailers with a manufacturer's rated carrying capacity under 
  7.9   15,000 pounds designed to transport small construction or farm 
  7.10  equipment, in the amount of $5,000; and as to all other persons 
  7.11  in the amount of $50,000.  The bond must be conditioned on the 
  7.12  faithful performance by the licensee of the obligations imposed 
  7.13  on persons engaged in motor vehicle transactions by the laws of 
  7.14  this state, including the conduct required of a licensee by this 
  7.15  section and other sections governing the sale or transfer of 
  7.16  motor vehicles, and the payment of all taxes, license fees, and 
  7.17  penalties.  The bond must be for the benefit of the state of 
  7.18  Minnesota and any transferor, seller, or purchaser of a motor 
  7.19  vehicle for any monetary loss caused by failure of the licensee 
  7.20  to meet the obligations enumerated above.  Proceedings on the 
  7.21  forfeiture of the bonds must be commenced in the district court 
  7.22  of the county wherein the business of the licensed person was 
  7.23  carried on, or if in more than one county, the county in which 
  7.24  the offense occurred.  This subdivision does not apply to a used 
  7.25  vehicle parts dealer or a scrap metal processor. 
  7.26     (b) If a dealer required to have a corporate surety bond 
  7.27  under this subdivision is unable to obtain it, as shown by 
  7.28  rejections from two companies in the business of issuing these 
  7.29  bonds, the dealer is exempt from the requirement to have a 
  7.30  corporate surety bond if the dealer executes and files with the 
  7.31  commissioner a signature bond signed by the dealer, without 
  7.32  sureties, on a bond form provided by the commissioner, for the 
  7.33  benefit of the same parties as bonds described in paragraph (a), 
  7.34  conditioned upon the requirements stated in paragraph (a), and 
  7.35  conditioned further upon the dealer: 
  7.36     (1) not having control of amounts owed by customers to the 
  8.1   state for motor vehicle excise taxes, registration fees, filing 
  8.2   fees, or any other purpose except to the extent required to 
  8.3   comply with clause (3); 
  8.4      (2) instructing all customers to pay all amounts described 
  8.5   in clause (1) through customer checks, cashier's checks, or 
  8.6   money orders written directly to the state or to the appropriate 
  8.7   state agency as payee; and 
  8.8      (3) ensuring that all customer payments of obligations to 
  8.9   the state described in clauses (1) and (2) are delivered to the 
  8.10  state within two business days. 
  8.11     (c) This subdivision does not apply to a dealer in trailers 
  8.12  designed to transport small construction or farm equipment in 
  8.13  any calendar year after a year in which the dealer's gross 
  8.14  receipts from the sale of trailers was less than $500,000. 
  8.15     [EFFECTIVE DATE.] This section is effective the day 
  8.16  following final enactment. 
  8.17     Sec. 13.  Minnesota Statutes 2002, section 168A.11, 
  8.18  subdivision 1, is amended to read: 
  8.19     Subdivision 1.  [APPLICATION REQUIREMENTS UPON SUBSEQUENT 
  8.20  TRANSFER.] (a) If A dealer who buys a vehicle and holds it for 
  8.21  resale and procures the certificate of title from the owner, and 
  8.22  complies with subdivision 2 hereof, the dealer need not apply 
  8.23  for a certificate of title, but.  Upon transferring the vehicle 
  8.24  to another person other than by the creation of a security 
  8.25  interest, the dealer shall promptly execute the assignment and 
  8.26  warranty of title by a dealer, showing the names and addresses 
  8.27  of the transferee and of any secured party holding a security 
  8.28  interest created or reserved at the time of the resale, and the 
  8.29  date of the security agreement in the spaces provided therefor 
  8.30  on the certificate of title or secure reassignment.  
  8.31     (b) With respect to motor vehicles subject to the 
  8.32  provisions of section 325E.15, the dealer shall also, in the 
  8.33  space provided therefor on the certificate of title or secure 
  8.34  reassignment, state the true cumulative mileage registered on 
  8.35  the odometer or that the exact mileage is unknown if the 
  8.36  odometer reading is known by the transferor to be different from 
  9.1   the true mileage.  
  9.2      (c) The transferee shall complete the application for title 
  9.3   section on the certificate of title or separate title 
  9.4   application form prescribed by the department.  The dealer shall 
  9.5   mail or deliver the certificate to the registrar or deputy 
  9.6   registrar with the transferee's application for a new 
  9.7   certificate and appropriate taxes and fees, within ten business 
  9.8   days. 
  9.9      (d) With respect to vehicles sold to buyers who will remove 
  9.10  the vehicle from this state, the dealer shall remove any license 
  9.11  plates from the vehicle, issue a 31-day temporary permit 
  9.12  pursuant to section 168.091, and notify the registrar within 48 
  9.13  hours of the sale that the vehicle has been removed from this 
  9.14  state.  The notification must be made in an electronic format 
  9.15  prescribed by the registrar.  The dealer may contract with a 
  9.16  deputy registrar for the notification of sale to an out-of-state 
  9.17  buyer.  The deputy registrar may charge a fee of $7 per 
  9.18  transaction to provide this service. 
  9.19     Sec. 14.  Minnesota Statutes 2002, section 168A.11, 
  9.20  subdivision 2, is amended to read: 
  9.21     Subd. 2.  [PURCHASE RECEIPT NOTIFICATION ON VEHICLE HELD 
  9.22  FOR RESALE.] A dealer, on buying a vehicle for which the seller 
  9.23  does not present a certificate of title, shall at the time of 
  9.24  taking delivery of the vehicle execute a purchase receipt for 
  9.25  the vehicle in a format designated by the department, and 
  9.26  deliver a copy to the seller.  In a format and at a time 
  9.27  prescribed by the registrar, the dealer shall notify the 
  9.28  registrar that the vehicle is being held for resale by the 
  9.29  dealer.  Within 48 hours of acquiring a vehicle titled and 
  9.30  registered in Minnesota, a dealer shall notify the registrar 
  9.31  that the dealership is holding the vehicle for resale.  The 
  9.32  notification must be made electronically as prescribed by the 
  9.33  registrar.  The dealer may contract this service to a deputy 
  9.34  registrar and the registrar may charge a fee of $7 per 
  9.35  transaction to provide this service. 
  9.36     Sec. 15.  Minnesota Statutes 2002, section 169.448, is 
 10.1   amended by adding a subdivision to read: 
 10.2      Subd. 4.  [DAY ACTIVITY CENTER BUSES.] (a) Notwithstanding 
 10.3   subdivision 1, a vehicle used to transport adults to and from a 
 10.4   day activity center may be equipped with prewarning flashing 
 10.5   amber signals and a stop-signal arm, and the operator of the 
 10.6   vehicle may activate this equipment under the following 
 10.7   circumstances: 
 10.8      (1) the operator possesses a commercial driver's license 
 10.9   with a school bus endorsement; 
 10.10     (2) the vehicle is engaged in picking up or dropping off 
 10.11  adults at locations predesignated by the day activity center 
 10.12  that owns or leases the bus; 
 10.13     (3) the vehicle is identified as a "day activity center 
 10.14  bus" in letters at least eight inches high on the front and rear 
 10.15  top of the bus; 
 10.16     (4) the name, address, and telephone number of the owner 
 10.17  and operator of the bus is identified on each front door of the 
 10.18  bus in letters not less than three inches high; and 
 10.19     (5) notwithstanding subdivision 1, paragraph (a), the 
 10.20  vehicle is painted national school bus glossy yellow. 
 10.21     (b) The provisions of section 169.444 relating to duties of 
 10.22  care of a motorist to a school bus, and violations thereof, 
 10.23  apply to a vehicle described in this section when the vehicle is 
 10.24  operated in conformity with this subdivision.  The provisions of 
 10.25  section 169.443 relating to a bus driver's duties apply to a 
 10.26  vehicle described in this section except those which by their 
 10.27  nature have no application. 
 10.28     Sec. 16.  Minnesota Statutes 2002, section 169.824, 
 10.29  subdivision 2, is amended to read: 
 10.30     Subd. 2.  [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 
 10.31  Notwithstanding the provisions of section 169.85, the gross 
 10.32  vehicle weight of all axles of a vehicle or combination of 
 10.33  vehicles shall not exceed:  
 10.34     (1) except as provided in clause (2), 80,000 pounds for any 
 10.35  vehicle or combination of vehicles on all state trunk highways 
 10.36  as defined in section 160.02, subdivision 29, and for all routes 
 11.1   designated under section 169.832, subdivision 11; 
 11.2      (2) 88,000 pounds for any vehicle or combination of 
 11.3   vehicles with six or more axles while exclusively engaged in 
 11.4   hauling livestock on all state trunk highways other than 
 11.5   interstate highways, if the vehicle has a permit under section 
 11.6   169.86, subdivision 5, paragraph (j); 
 11.7      (3) 73,280 pounds for any vehicle or combination of 
 11.8   vehicles with five axles or less on all routes, other than state 
 11.9   trunk highways and routes that are designated under section 
 11.10  169.832, subdivision 11; and 
 11.11     (3) (4) 80,000 pounds for any vehicle or combination of 
 11.12  vehicles with six or more axles on all routes, other than state 
 11.13  trunk highways and routes that are designated under section 
 11.14  169.832, subdivision 11.  
 11.15     (b) The maximum weights specified in this section for five 
 11.16  consecutive axles shall not apply to a four-axle ready-mix 
 11.17  concrete truck which was equipped with a fifth axle prior to 
 11.18  June 1, 1981.  The maximum gross weight on four or fewer 
 11.19  consecutive axles of vehicles excepted by this clause shall not 
 11.20  exceed any maximum weight specified for four or fewer 
 11.21  consecutive axles in this section. 
 11.22     Sec. 17.  Minnesota Statutes 2003 Supplement, section 
 11.23  169.86, subdivision 5, is amended to read: 
 11.24     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 11.25  commissioner, with respect to highways under the commissioner's 
 11.26  jurisdiction, may charge a fee for each permit issued.  All such 
 11.27  fees for permits issued by the commissioner of transportation 
 11.28  shall be deposited in the state treasury and credited to the 
 11.29  trunk highway fund.  Except for those annual permits for which 
 11.30  the permit fees are specified elsewhere in this chapter, the 
 11.31  fees shall be: 
 11.32     (a) $15 for each single trip permit. 
 11.33     (b) $36 for each job permit.  A job permit may be issued 
 11.34  for like loads carried on a specific route for a period not to 
 11.35  exceed two months.  "Like loads" means loads of the same 
 11.36  product, weight, and dimension. 
 12.1      (c) $60 for an annual permit to be issued for a period not 
 12.2   to exceed 12 consecutive months.  Annual permits may be issued 
 12.3   for: 
 12.4      (1) motor vehicles used to alleviate a temporary crisis 
 12.5   adversely affecting the safety or well-being of the public; 
 12.6      (2) motor vehicles which travel on interstate highways and 
 12.7   carry loads authorized under subdivision 1a; 
 12.8      (3) motor vehicles operating with gross weights authorized 
 12.9   under section 169.826, subdivision 1a; 
 12.10     (4) special pulpwood vehicles described in section 169.863; 
 12.11     (5) motor vehicles bearing snowplow blades not exceeding 
 12.12  ten feet in width; and 
 12.13     (6) noncommercial transportation of a boat by the owner or 
 12.14  user of the boat. 
 12.15     (d) $120 for an oversize annual permit to be issued for a 
 12.16  period not to exceed 12 consecutive months.  Annual permits may 
 12.17  be issued for:  
 12.18     (1) mobile cranes; 
 12.19     (2) construction equipment, machinery, and supplies; 
 12.20     (3) manufactured homes; 
 12.21     (4) implements of husbandry when the movement is not made 
 12.22  according to the provisions of paragraph (i); 
 12.23     (5) double-deck buses; 
 12.24     (6) commercial boat hauling.  
 12.25     (e) For vehicles which have axle weights exceeding the 
 12.26  weight limitations of sections 169.822 to 169.829, an additional 
 12.27  cost added to the fees listed above.  However, this paragraph 
 12.28  applies to any vehicle described in section 168.013, subdivision 
 12.29  3, paragraph (b), but only when the vehicle exceeds its gross 
 12.30  weight allowance set forth in that paragraph, and then the 
 12.31  additional cost is for all weight, including the allowance 
 12.32  weight, in excess of the permitted maximum axle weight.  The 
 12.33  additional cost is equal to the product of the distance traveled 
 12.34  times the sum of the overweight axle group cost factors shown in 
 12.35  the following chart:  
 12.36                 Overweight Axle Group Cost Factors 
 13.1   Weight (pounds)         Cost Per Mile For Each Group Of:
 13.2   exceeding       Two consec-     Three consec-   Four consec-
 13.3   weight          utive axles     utive axles     utive axles
 13.4   limitations     spaced within   spaced within   spaced within
 13.5   on axles        8 feet or less  9 feet or less  14 feet or less 
 13.6        0-2,000    .12             .05             .04
 13.7    2,001-4,000    .14             .06             .05
 13.8    4,001-6,000    .18             .07             .06
 13.9    6,001-8,000    .21             .09             .07
 13.10   8,001-10,000   .26             .10             .08
 13.11  10,001-12,000   .30             .12             .09
 13.12  12,001-14,000   Not permitted   .14             .11
 13.13  14,001-16,000   Not permitted   .17             .12
 13.14  16,001-18,000   Not permitted   .19             .15
 13.15  18,001-20,000   Not permitted   Not permitted   .16
 13.16  20,001-22,000   Not permitted   Not permitted   .20
 13.17  The amounts added are rounded to the nearest cent for each axle 
 13.18  or axle group.  The additional cost does not apply to paragraph 
 13.19  (c), clauses (1) and (3).  
 13.20  For a vehicle found to exceed the appropriate maximum permitted 
 13.21  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 13.22  a ton, over the permitted maximum weight is imposed in addition 
 13.23  to the normal permit fee.  Miles must be calculated based on the 
 13.24  distance already traveled in the state plus the distance from 
 13.25  the point of detection to a transportation loading site or 
 13.26  unloading site within the state or to the point of exit from the 
 13.27  state. 
 13.28     (f) As an alternative to paragraph (e), an annual permit 
 13.29  may be issued for overweight, or oversize and overweight, 
 13.30  construction equipment, machinery, and supplies.  The fees for 
 13.31  the permit are as follows:  
 13.32  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 13.33       90,000 or less                             $200
 13.34       90,001 - 100,000                           $300
 13.35      100,001 - 110,000                           $400
 13.36      110,001 - 120,000                           $500
 14.1       120,001 - 130,000                           $600
 14.2       130,001 - 140,000                           $700
 14.3       140,001 - 145,000                           $800
 14.4   If the gross weight of the vehicle is more than 145,000 pounds 
 14.5   the permit fee is determined under paragraph (e). 
 14.6      (g) For vehicles which exceed the width limitations set 
 14.7   forth in section 169.80 by more than 72 inches, an additional 
 14.8   cost equal to $120 added to the amount in paragraph (a) when the 
 14.9   permit is issued while seasonal load restrictions pursuant to 
 14.10  section 169.87 are in effect. 
 14.11     (h) $85 for an annual permit to be issued for a period not 
 14.12  to exceed 12 months, for refuse-compactor vehicles that carry a 
 14.13  gross weight of not more than:  22,000 pounds on a single rear 
 14.14  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 14.15  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 14.16  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 14.17  axle must limit the gross vehicle weight to not more than 62,000 
 14.18  pounds. 
 14.19     (i) For vehicles exclusively transporting implements of 
 14.20  husbandry, an annual permit fee of $24.  A vehicle operated 
 14.21  under a permit authorized by this paragraph may be moved at the 
 14.22  discretion of the permit holder without prior route approval by 
 14.23  the commissioner if: 
 14.24     (1) the total width of the transporting vehicle, including 
 14.25  load, does not exceed 14 feet; 
 14.26     (2) the vehicle is operated only between sunrise and 30 
 14.27  minutes after sunset, and is not operated at any time after 
 14.28  12:00 noon on Sundays or holidays; 
 14.29     (3) the vehicle is not operated when visibility is impaired 
 14.30  by weather, fog, or other conditions that render persons and 
 14.31  other vehicles not clearly visible at 500 feet; 
 14.32     (4) the vehicle displays at the front and rear of the load 
 14.33  or vehicle a pair of flashing amber lights, as provided in 
 14.34  section 169.59, subdivision 4, whenever the overall width of the 
 14.35  vehicle exceeds 126 inches; and 
 14.36     (5) the vehicle is not operated on a trunk highway with a 
 15.1   surfaced roadway width of less than 24 feet unless such 
 15.2   operation is authorized by the permit. 
 15.3   A permit under this paragraph authorizes movements of the 
 15.4   permitted vehicle on an interstate highway, and movements of 75 
 15.5   miles or more on other highways. 
 15.6      (j) $200 for an annual permit for a vehicle operating under 
 15.7   authority of section 169.824, subdivision 2, paragraph (a), 
 15.8   clause (2).  
 15.9      Sec. 18.  Minnesota Statutes 2002, section 169.985, is 
 15.10  amended to read: 
 15.11     169.985 [TRAFFIC CITATION QUOTA PROHIBITED.] 
 15.12     A law enforcement agency may not order, mandate, require, 
 15.13  or suggest to a peace officer a quota for the issuance of 
 15.14  traffic citations, including citations for violations of vehicle 
 15.15  size, weight, and load restrictions, on a daily, weekly, 
 15.16  monthly, quarterly, or yearly basis.  
 15.17     Sec. 19.  Minnesota Statutes 2002, section 171.05, 
 15.18  subdivision 1, is amended to read: 
 15.19     Subdivision 1.  [PERSON 18 OR MORE YEARS OF AGE.] Any 
 15.20  person who is 18 or more years of age and who, except for a lack 
 15.21  of instruction in operating a motor vehicle, would otherwise be 
 15.22  qualified to obtain a class D driver's license under this 
 15.23  chapter, may apply for an instruction permit and the department 
 15.24  shall issue such permit entitling the applicant, while having 
 15.25  such permit in immediate possession, to drive a motor vehicle 
 15.26  for which a class D license is valid upon the highways for a 
 15.27  period of one year two years, but such person must be 
 15.28  accompanied by an adult licensed driver who is actually 
 15.29  occupying a seat beside the driver.  Any license of a lower 
 15.30  class may be used as an instruction permit for a higher class 
 15.31  for a period of six months after passage of the written test or 
 15.32  tests required for the higher class and when the licensee is 
 15.33  accompanied by and receiving instruction from a holder of the 
 15.34  appropriate higher class license.  A copy of the record of 
 15.35  examination taken for the higher class license must be carried 
 15.36  by the driver while using such lower class license as an 
 16.1   instruction permit.  
 16.2      Sec. 20.  Minnesota Statutes 2002, section 171.05, 
 16.3   subdivision 2, is amended to read: 
 16.4      Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 16.5   Notwithstanding any provision in subdivision 1 to the contrary, 
 16.6   the department may issue an instruction permit to an applicant 
 16.7   who is 15, 16, or 17 years of age and who: 
 16.8      (1) has completed a course of driver education in another 
 16.9   state, has a previously issued valid license from another state, 
 16.10  or is enrolled in either: 
 16.11     (i) a public, private, or commercial driver education 
 16.12  program that is approved by the commissioner of public safety 
 16.13  and that includes classroom and behind-the-wheel training; or 
 16.14     (ii) an approved behind-the-wheel driver education program 
 16.15  when the student is receiving full-time instruction in a home 
 16.16  school within the meaning of sections 120A.22 and 120A.24, the 
 16.17  student is working toward a home-school diploma, the student's 
 16.18  status as a home-school student has been certified by the 
 16.19  superintendent of the school district in which the student 
 16.20  resides, and the student is taking home-classroom driver 
 16.21  training with classroom materials approved by the commissioner 
 16.22  of public safety; 
 16.23     (2) has completed the classroom phase of instruction in the 
 16.24  driver education program; 
 16.25     (3) has passed a test of the applicant's eyesight; 
 16.26     (4) has passed a department-administered test of the 
 16.27  applicant's knowledge of traffic laws; 
 16.28     (5) has completed the required application, which must be 
 16.29  approved by (i) either parent when both reside in the same 
 16.30  household as the minor applicant or, if otherwise, then (ii) the 
 16.31  parent or spouse of the parent having custody or, in the event 
 16.32  there is no court order for custody, then (iii) the parent or 
 16.33  spouse of the parent with whom the minor is living or, if items 
 16.34  (i) to (iii) do not apply, then (iv) the guardian having custody 
 16.35  of the minor or, in the event a person under the age of 18 has 
 16.36  no living father, mother, or guardian, or is married or 
 17.1   otherwise legally emancipated, then (v) the applicant's adult 
 17.2   spouse, adult close family member, or adult employer; provided, 
 17.3   that the approval required by this clause contains a 
 17.4   verification of the age of the applicant and the identity of the 
 17.5   parent, guardian, adult spouse, adult close family member, or 
 17.6   adult employer; and 
 17.7      (6) has paid the fee required in section 171.06, 
 17.8   subdivision 2. 
 17.9      (b) The instruction permit is valid for one year two years 
 17.10  from the date of application and may be renewed upon payment of 
 17.11  a fee equal to the fee for issuance of an instruction permit 
 17.12  under section 171.06, subdivision 2. 
 17.13     Sec. 21.  Minnesota Statutes 2002, section 171.165, 
 17.14  subdivision 1, is amended to read: 
 17.15     Subdivision 1.  [FIRST VIOLATION.] Subject to section 
 17.16  171.166, the commissioner shall disqualify a person from 
 17.17  operating commercial motor vehicles for one year upon receiving 
 17.18  a record of the first conviction of the person for committing a 
 17.19  violation of any of the following offenses while operating a 
 17.20  commercial motor vehicle: 
 17.21     (1) section 169A.20 or 169A.31; 
 17.22     (2) section 169.09, subdivision 1 or 2; 
 17.23     (3) a felony, other than a felony described in subdivision 
 17.24  3, paragraph (a), clause (2), item (ii); 
 17.25     (4) driving with a revoked, suspended, canceled, denied, or 
 17.26  disqualified commercial driver's license; 
 17.27     (5) causing a fatality through the negligent or criminal 
 17.28  operation of a commercial motor vehicle; or 
 17.29     (6) an offense committed in another state that would be 
 17.30  grounds for disqualification under this subdivision or 
 17.31  subdivision 2 if committed in Minnesota. 
 17.32     Sec. 22.  Minnesota Statutes 2002, section 171.165, 
 17.33  subdivision 4, is amended to read: 
 17.34     Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
 17.35  record of conviction and subject to section 171.166, the 
 17.36  commissioner shall disqualify a person from operating commercial 
 18.1   motor vehicles for 60 days if the person is convicted of two 
 18.2   serious traffic violations, or 120 days if convicted of three 
 18.3   serious traffic violations.  The violations must involve 
 18.4   separate incidents and must have been committed in a commercial 
 18.5   motor vehicle within a three-year period.  For purposes of this 
 18.6   subdivision, a serious traffic violation includes the following: 
 18.7      (1) following too closely under section 169.18, subdivision 
 18.8   8; 
 18.9      (2) erratic lane change under sections 169.18, subdivisions 
 18.10  3 and 7; and 169.19, subdivision 4; 
 18.11     (3) operating the commercial vehicle at a speed 15 miles 
 18.12  per hour or more above the posted speed limit; 
 18.13     (4) reckless or careless driving under section 169.13; 
 18.14     (5) fleeing a peace officer under section 609.487; 
 18.15     (6) a violation of a moving traffic statute of Minnesota or 
 18.16  any state, or an ordinance in conformity with a Minnesota 
 18.17  statute, that arose in connection with a fatal accident; 
 18.18     (7) operating a commercial motor vehicle without the proper 
 18.19  class of commercial driver's license or endorsements for the 
 18.20  type of vehicle being operated; and 
 18.21     (8) operating a commercial motor vehicle without a 
 18.22  commercial driver's license in immediate possession, unless the 
 18.23  person provides proof to the court that, on the date of the 
 18.24  citation, the person held a valid commercial driver's license of 
 18.25  the proper class and with the proper endorsements. 
 18.26     Sec. 23.  Minnesota Statutes 2002, section 171.165, is 
 18.27  amended by adding a subdivision to read: 
 18.28     Subd. 8.  [ADOPTION OF FEDERAL REGULATIONS.] Code of 
 18.29  Federal Regulations, title 49, section 383.51, is incorporated 
 18.30  by reference. 
 18.31     Sec. 24.  Minnesota Statutes 2003 Supplement, section 
 18.32  171.20, subdivision 4, is amended to read: 
 18.33     Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 18.34  reinstated, (1) a person whose driver's license has been 
 18.35  suspended under section 171.16, subdivision 2; 171.18, except 
 18.36  subdivision 1, clause (10); or 171.182, or who has been 
 19.1   disqualified from holding a commercial driver's license under 
 19.2   section 171.165, and (2) a person whose driver's license has 
 19.3   been suspended under section 171.186 and who is not exempt from 
 19.4   such a fee, must pay a fee of $20.  
 19.5      (b) Before the license is reinstated, a person whose 
 19.6   license has been suspended or revoked under sections 169.791 to 
 19.7   169.798 must pay a $20 reinstatement fee. 
 19.8      (c) When fees are collected by a licensing agent appointed 
 19.9   under section 171.061, a handling charge is imposed in the 
 19.10  amount specified under section 171.061, subdivision 4.  The 
 19.11  reinstatement fee and surcharge must be deposited in an approved 
 19.12  state depository as directed under section 171.061, subdivision 
 19.13  4.  
 19.14     (d) A suspension may be rescinded without fee for good 
 19.15  cause. 
 19.16     Sec. 25.  [171.324] [HAZARDOUS MATERIALS LICENSE 
 19.17  ENDORSEMENT BACKGROUND CHECKS.] 
 19.18     Subdivision 1.  [ENDORSEMENT; FEE; ACCOUNT; 
 19.19  APPROPRIATION.] (a) Before being issued or renewing a class C, 
 19.20  class B, or class A driver's license with a hazardous materials 
 19.21  endorsement, an applicant must comply with the federal 
 19.22  regulations incorporated in this section. 
 19.23     (b) The commissioner may charge the applicant a fee of up 
 19.24  to $100 to cover the department's actual costs of conducting the 
 19.25  required background check of persons applying for a Minnesota 
 19.26  driver's license with a hazardous materials endorsement.  The 
 19.27  proceeds of the fee must be deposited in an account in the 
 19.28  special revenue fund.  Money in the account is annually 
 19.29  appropriated to the commissioner to pay the actual costs 
 19.30  associated with conducting the required background checks. 
 19.31     Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
 19.32  107-56, section 1012, as implemented in Code of Federal 
 19.33  Regulations, title 49, part 1572, is incorporated by reference 
 19.34  except for sections 1572.9 and 1572.11. 
 19.35     Subd. 3.  [RULES.] The commissioner may adopt rules 
 19.36  pursuant to section 14.388, subdivision 1, clause (1), in order 
 20.1   to implement this section. 
 20.2      [EFFECTIVE DATE.] This section is effective the day 
 20.3   following final enactment. 
 20.4      Sec. 26.  [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM.] 
 20.5      The commissioner shall develop a plan for a statewide 
 20.6   system of ten-ton county and county state-aid highways to, in 
 20.7   order of priority: 
 20.8      (1) support the commissioner's interregional corridor 
 20.9   system; 
 20.10     (2) provide greater efficiencies for forestry, agriculture, 
 20.11  and other industries in transporting their produce to market; 
 20.12  and 
 20.13     (3) provide new and existing manufacturing industries with 
 20.14  new growth opportunities. 
 20.15     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 20.16     Sec. 27.  Minnesota Statutes 2002, section 179A.03, 
 20.17  subdivision 7, is amended to read: 
 20.18     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 20.19  firefighters, peace officers subject to licensure under sections 
 20.20  626.84 to 626.863, 911 system and police and fire department 
 20.21  public safety dispatchers, guards at correctional facilities, 
 20.22  confidential employees, supervisory employees, assistant county 
 20.23  attorneys, assistant city attorneys, principals, and assistant 
 20.24  principals.  However, for state employees, "essential employee" 
 20.25  means all employees in law enforcement, public safety radio 
 20.26  communications operators, health care professionals, 
 20.27  correctional guards, professional engineering, and supervisory 
 20.28  collective bargaining units, irrespective of severance, and no 
 20.29  other employees.  For University of Minnesota employees, 
 20.30  "essential employee" means all employees in law enforcement, 
 20.31  nursing professional and supervisory units, irrespective of 
 20.32  severance, and no other employees.  "Firefighters" means 
 20.33  salaried employees of a fire department whose duties include, 
 20.34  directly or indirectly, controlling, extinguishing, preventing, 
 20.35  detecting, or investigating fires.  Employees for whom the state 
 20.36  court administrator is the negotiating employer are not 
 21.1   essential employees. 
 21.2      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 21.3      Sec. 28.  Minnesota Statutes 2002, section 179A.10, 
 21.4   subdivision 2, is amended to read: 
 21.5      Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
 21.6   otherwise excluded, are included within the units which include 
 21.7   the classifications to which they are assigned for purposes of 
 21.8   compensation.  Supervisory employees shall only be assigned to 
 21.9   units 12 and 16.  The following are the appropriate units of 
 21.10  executive branch state employees:  
 21.11     (1) Law Enforcement Unit; 
 21.12     (2) Craft, Maintenance, and Labor unit; 
 21.13     (3) Service Unit; 
 21.14     (4) Health Care Nonprofessional Unit; 
 21.15     (5) Health Care Professional Unit; 
 21.16     (6) Clerical and Office Unit; 
 21.17     (7) Technical Unit; 
 21.18     (8) Correctional Guards Unit; 
 21.19     (9) State University Instructional Unit; 
 21.20     (10) State College Instructional Unit; 
 21.21     (11) State University Administrative Unit; 
 21.22     (12) Professional Engineering Unit; 
 21.23     (13) Health Treatment Unit; 
 21.24     (14) General Professional Unit; 
 21.25     (15) Professional State Residential Instructional Unit; and 
 21.26     (16) Supervisory Employees Unit; and 
 21.27     (17) Public Safety Radio Communications Operator Unit.  
 21.28     Each unit consists of the classifications or positions 
 21.29  assigned to it in the schedule of state employee job 
 21.30  classification and positions maintained by the commissioner.  
 21.31  The commissioner may only make changes in the schedule in 
 21.32  existence on the day prior to August 1, 1984, as required by law 
 21.33  or as provided in subdivision 4. 
 21.34     [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 21.35     Sec. 29.  Minnesota Statutes 2002, section 360.015, is 
 21.36  amended by adding a subdivision to read: 
 22.1      Subd. 6a.  [STATE AVIATION PLAN.] The commissioner must 
 22.2   prepare a 20-year state aviation plan that addresses all key and 
 22.3   intermediate airports in Minnesota.  The commissioner shall 
 22.4   consult with the Metropolitan Airports Commission in preparing 
 22.5   the plan.  The commissioner shall adopt the plan by January 1, 
 22.6   2006, and adopt an updated version of the plan every five years 
 22.7   thereafter. 
 22.8      Sec. 30.  Minnesota Statutes 2002, section 609.531, 
 22.9   subdivision 1, is amended to read: 
 22.10     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 22.11  609.531 to 609.5318, the following terms have the meanings given 
 22.12  them.  
 22.13     (a) "Conveyance device" means a device used for 
 22.14  transportation and includes, but is not limited to, a motor 
 22.15  vehicle, trailer, snowmobile, airplane, and vessel and any 
 22.16  equipment attached to it.  The term "conveyance device" does not 
 22.17  include property which is, in fact, itself stolen or taken in 
 22.18  violation of the law.  
 22.19     (b) "Weapon used" means a dangerous weapon as defined under 
 22.20  section 609.02, subdivision 6, that the actor used or had in 
 22.21  possession in furtherance of a crime.  
 22.22     (c) "Property" means property as defined in section 609.52, 
 22.23  subdivision 1, clause (1).  
 22.24     (d) "Contraband" means property which is illegal to possess 
 22.25  under Minnesota law.  
 22.26     (e) "Appropriate agency" means the Bureau of Criminal 
 22.27  Apprehension, the Minnesota Division of Driver and Vehicle 
 22.28  Services, the Minnesota State Patrol, a county sheriff's 
 22.29  department, the Suburban Hennepin Regional Park District park 
 22.30  rangers, the Department of Natural Resources Division of 
 22.31  Enforcement, the University of Minnesota Police Department, or a 
 22.32  city or airport police department.  
 22.33     (f) "Designated offense" includes:  
 22.34     (1) for weapons used:  any violation of this chapter, 
 22.35  chapter 152, or chapter 624; 
 22.36     (2) for driver's license or identification card 
 23.1   transactions:  any violation of section 171.22; and 
 23.2      (3) for all other purposes:  a felony violation of, or a 
 23.3   felony-level attempt or conspiracy to violate, section 325E.17; 
 23.4   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 23.5   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 23.6   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 23.7   1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 23.8   (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 23.9   and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 23.10  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 23.11  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 23.12  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 23.13  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 23.14  609.895; 617.246; or a gross misdemeanor or felony violation of 
 23.15  section 609.891 or 624.7181; or any violation of section 609.324.
 23.16     (g) "Controlled substance" has the meaning given in section 
 23.17  152.01, subdivision 4.  
 23.18     Sec. 31.  [TRANSITION.] 
 23.19     Subdivision 1.  [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 
 23.20  The commissioner of the Bureau of Mediation Services shall 
 23.21  assign the job classifications and positions of employees 
 23.22  working as public safety radio communications operators to state 
 23.23  employee bargaining unit 17. 
 23.24     Subd. 2.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 
 23.25  and conditions of the collective bargaining agreement, memoranda 
 23.26  of understanding, or other salary and benefit provisions 
 23.27  covering public safety radio communications operators 
 23.28  immediately before the effective date of this section remain in 
 23.29  effect until a successor agreement between the commissioner of 
 23.30  employee relations and the exclusive representative of 
 23.31  bargaining unit 17 becomes effective, subject to Minnesota 
 23.32  Statutes, section 179A.20, subdivision 6. 
 23.33     Subd. 3.  [EXCLUSIVE REPRESENTATIVE.] The employee 
 23.34  organization that is the exclusive representative of employees 
 23.35  assigned to bargaining unit 17 on the day before the effective 
 23.36  date of this section must be certified by the commissioner of 
 24.1   the Bureau of Mediation Services as the exclusive representative 
 24.2   of newly created bargaining unit 17, subject to future changes 
 24.3   as provided in Minnesota Statutes, section 179A.12.  For 
 24.4   employees assigned to bargaining unit 17, the exclusive 
 24.5   representative retains all rights and obligations under the 
 24.6   contract governing these employees immediately before the 
 24.7   effective date of this section, so long as that contract 
 24.8   continues to apply to those employees. 
 24.9      [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 24.10     Sec. 32.  [NOT TO AFFECT BRIDGE POSTINGS.] 
 24.11     Nothing in sections 16 and 17 authorizes operation of any 
 24.12  vehicle on any bridge in violation of gross weight limitations 
 24.13  lawfully posted for that bridge.