3rd 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; allowing 1.7 state agency mail-related functions to be carried out 1.8 by an outside agency; limiting weight restrictions for 1.9 recycling and garbage vehicles under certain 1.10 circumstances; requiring evaluation of the St. Cloud 1.11 transportation plan; requiring a bus driver duty of 1.12 care; making changes to transportation policy 1.13 provisions; providing for premium paratransit project; 1.14 regulating toll facilities; modifying interstate 1.15 vehicle registration provisions; modifying bond 1.16 requirements for vehicle dealers; modifying vehicle 1.17 certificate of title provisions pertaining to dealers 1.18 and authorizing a fee for deputy registrars; 1.19 regulating day activity center buses; modifying gross 1.20 vehicle weight provisions; extending duration of 1.21 driver instruction permits to two years; modifying 1.22 requirements for commercial vehicle drivers; modifying 1.23 driver's license fee provisions; requiring plan for 1.24 county ten-ton highway system; modifying provisions 1.25 relating to public safety radio communications 1.26 operators; requiring preparation of 20-year state 1.27 aviation plan; including the Division of Driver and 1.28 Vehicle Services in the definition of appropriate 1.29 agency for purposes of certain property forfeitures; 1.30 authorizing rulemaking; requiring a report; modifying 1.31 highway rest area and land management provisions; 1.32 amending Minnesota Statutes 2002, sections 16B.49; 1.33 117.075; 160.08, subdivision 7; 160.15; 160.276; 1.34 160.277; 160.278; 160.28; 160.85, subdivisions 1, 3a; 1.35 160.86; 160.87, by adding a subdivision; 161.125, 1.36 subdivision 3; 161.23, subdivision 3; 161.433, 1.37 subdivision 2; 161.434; 161.44, by adding a 1.38 subdivision; 161.442; 168.187, by adding a 1.39 subdivision; 168.27, subdivision 24; 168A.11, 1.40 subdivisions 1, 2; 169.01, subdivision 78; 169.14, by 1.41 adding a subdivision; 169.448, by adding a 1.42 subdivision; 169.81, subdivision 3c, by adding a 1.43 subdivision; 169.824, subdivision 2; 169.87, 1.44 subdivisions 4, 6; 169.99, subdivision 1b; 171.05, 1.45 subdivisions 1, 2; 171.12, subdivision 6; 171.165, 1.46 subdivisions 1, 4, by adding a subdivision; 174.03, by 2.1 adding a subdivision; 179A.03, subdivision 7; 179A.10, 2.2 subdivision 2; 299D.08; 360.015, by adding a 2.3 subdivision; 515B.1-107; 515B.3-102; 515B.3-112; 2.4 609.531, subdivision 1; Minnesota Statutes 2003 2.5 Supplement, sections 13.44, subdivision 3; 117.036; 2.6 168.013, subdivision 3; 169.86, subdivision 5; 171.20, 2.7 subdivision 4; proposing coding for new law in 2.8 Minnesota Statutes, chapters 160; 169; 171; 174; 2.9 repealing Minnesota Statutes 2002, sections 161.115, 2.10 subdivision 199; 161.44, subdivision 9; 169.685, 2.11 subdivision 4. 2.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.13 ARTICLE 1 2.14 TRANSPORTATION POLICY 2.15 Section 1. [BELTWAY; PLANNING.] 2.16 Subdivision 1. [INCLUSION IN PLANS.] The commissioner of 2.17 transportation shall evaluate new principal arterial alignments 2.18 surrounding the metropolitan area as part of the metropolitan 2.19 area's transportation system plan, with particular attention to 2.20 evaluating these alignments in the context of planning for a 2.21 second beltway around the metropolitan area. The commissioner 2.22 shall coordinate activities under this subdivision with the 2.23 Metropolitan Council's preparation of its transportation policy 2.24 plan. Each alignment must be considered for its capacity to 2.25 serve urban development and to provide a traffic bypass of the 2.26 metropolitan area. 2.27 Subd. 2. [REPORT.] The commissioner of transportation 2.28 shall report to the legislature by January 15, 2005, on the 2.29 activities of the commissioner and council under subdivision 1. 2.30 The report must include an evaluation of the feasibility and 2.31 desirability of conducting a comprehensive study, including 2.32 timetables, detailed documentation, cost, and right-of-way needs 2.33 of a second beltway. 2.34 Sec. 2. [ST. CLOUD AREA TRANSPORTATION PLANNING DISTRICT 2.35 PLAN.] 2.36 (a) The commissioner of transportation shall evaluate the 2.37 further development of the transportation component of the St. 2.38 Cloud area transportation planning district plan. 2.39 (b) The development of the transportation component shall 2.40 include, among other things: 2.41 (1) a resolution of the conceptual design for the area's 3.1 roadway and transit systems; and 3.2 (2) the feasibility and desirability of developing a 3.3 beltway around the St. Cloud area. 3.4 Sec. 3. [STUDY; CENTERLINE RUMBLE STRIPS.] 3.5 The commissioner of transportation shall conduct a study of 3.6 the feasibility and desirability of: 3.7 (1) including centerline rumble strips on projects for 3.8 construction, reconstruction, or resurfacing of trunk highways 3.9 outside urban districts that have a design speed of 55 miles per 3.10 hour or more; and 3.11 (2) insuring that centerline rumble strips are included in 3.12 projects for construction, reconstruction, or resurfacing of 3.13 county state-aid highways outside urban districts that have a 3.14 design speed of 55 miles per hour or more. 3.15 In conducting the study, the commissioner shall establish 3.16 an advisory committee consisting of county engineers and 3.17 representatives of the Department of Transportation. The 3.18 commissioner shall report by January 5, 2005, to the legislative 3.19 committees having jurisdiction over transportation finance and 3.20 policy on the results of the study. 3.21 Sec. 4. [METRO MOBILITY; PREMIUM PARATRANSIT PILOT 3.22 PROJECT.] 3.23 The Metropolitan Council shall, by October 1, 2004, 3.24 implement a pilot project for subsidizing premium paratransit 3.25 for certified Metro Mobility users. The council shall make 3.26 agreements with taxi providers or other providers of small 3.27 vehicle passenger service under which the council subsidizes 3.28 trips made by certified Metro Mobility users who have been 3.29 denied same-day reservations by Metro Mobility. Under the pilot 3.30 project the user must pay a base fare of up to $7 or the actual 3.31 cost of the taxi trip, whichever is less. The taxi company will 3.32 invoice Metro Mobility for any taxi fare amount over the base 3.33 fare and up to $20. For tax fares in excess of $20 the user 3.34 must pay the base fare plus any amount in excess of $20. The 3.35 council shall report to the legislative committees having 3.36 jurisdiction over transportation policy and finance by January 4.1 15, 2005, on the council's activities under this section. The 4.2 council may not enter into any provider contracts for Metro 4.3 Mobility that are in effect in fiscal year 2006 or 2007 until 4.4 after the report has been submitted. 4.5 Sec. 5. Minnesota Statutes 2002, section 16B.49, is 4.6 amended to read: 4.7 16B.49 [CENTRAL MAILING SYSTEM.] 4.8 (a) The commissioner shall maintain and operate for state 4.9 agencies, departments, institutions, and offices a central mail 4.10 handling unit. Official, outgoing mail for units in St. Paul 4.11 must be delivered unstamped to the unit. The unit shall also 4.12 operate an interoffice mail distribution system. The department 4.13 may add personnel and acquire equipment that may be necessary to 4.14 operate the unit efficiently and cost-effectively. Account must 4.15 be kept of the postage required on that mail, which is then a 4.16 proper charge against the agency delivering the mail. To 4.17 provide funds for the payment of postage, each agency shall make 4.18 advance payments to the commissioner sufficient to cover its 4.19 postage obligations for at least 60 days. For purposes of this 4.20 section, the Minnesota State Colleges and Universities is a 4.21 state agency. 4.22 (b) Notwithstanding paragraph (a) or section 16C.09, the 4.23 commissioner may approve the performance of mail-related 4.24 functions by an agency outside the state's central mail-handling 4.25 unit if the agency demonstrates it furthers program 4.26 effectiveness, better use of services, greater efficiency, or 4.27 greater economy in state government. 4.28 Sec. 6. Minnesota Statutes 2002, section 160.85, 4.29 subdivision 1, is amended to read: 4.30 Subdivision 1. [ROAD AUTHORITY.] A road authority may 4.31 solicit or accept proposals from and enter into development 4.32 agreements with counties or private operators for developing, 4.33 financing, designing, constructing, improving, rehabilitating, 4.34 owning, and operating toll facilities wholly or partly within 4.35 the road authority's jurisdiction. If a road authority solicits 4.36 toll facility proposals, it must publish a notice of 5.1 solicitation in the State Register. 5.2 Sec. 7. Minnesota Statutes 2002, section 160.85, 5.3 subdivision 3a, is amended to read: 5.4 Subd. 3a. [INFORMATION MEETING.] Before approving or 5.5 denying a development agreement, the commissioner shall hold a 5.6 public information meeting in any municipality or county in 5.7 which any portion of the proposed toll facility runs. The 5.8 commissioner shall determine the time and place of the 5.9 information meeting. The commissioner shall make the proposed 5.10 development agreement available for public review at the meeting 5.11 and for a reasonable period of time before the meeting. 5.12 Sec. 8. Minnesota Statutes 2002, section 160.86, is 5.13 amended to read: 5.14 160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 5.15 A development agreement must include the following 5.16 provisions: 5.17 (a) The toll facility must meet the road authority's 5.18 standards of design and construction for roads and bridges of 5.19 the same functional classification. 5.20 (b) The commissioner must review and approve the location 5.21 and design of a bridge over navigable waters as if the bridge 5.22 were constructed by a road authority. This requirement does not 5.23 diminish the private operator's responsibility for bridge safety. 5.24 (c) The private operator shall manage and operate the toll 5.25 facility in cooperation with the road authority and subject to 5.26 the development agreement. 5.27 (d) The toll facility is subject to regular inspections by 5.28 the road authority and the commissioner. 5.29 (e) The agreement must provide the terms and conditions of 5.30 maintenance, snow removal, and police services to the toll 5.31 facility. The road authority must provide the services. The 5.32 services must meet at least the road authority's standards for 5.33 facilities of the same functional classification. 5.34 (f) The agreement must establish a reasonable rate of 5.35 return on investment and capital during the term of the 5.36 agreement. 6.1 (g) A development agreement may not contain a provision 6.2 that (1) prohibits or restricts a road authority from 6.3 constructing, improving, or maintaining any highway within its 6.4 jurisdiction, or (2) prohibits or restricts the development, 6.5 design, construction, or operation of public transit facilities 6.6 or service, including commuter rail lines. 6.7 Sec. 9. [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 6.8 REQUIREMENTS.] 6.9 Subdivision 1. [INCLUSION IN STATEWIDE TRANSPORTATION 6.10 IMPROVEMENT PROGRAM.] The commissioner of transportation may not 6.11 make a development agreement for a toll facility unless the 6.12 facility is included in the commissioner's statewide 6.13 transportation improvement program for the federal fiscal year 6.14 in which construction of the facility would begin. 6.15 Subd. 2. [REPORT TO LEGISLATURE.] By January 15 of each 6.16 even-numbered year, the commissioner shall submit to the chairs 6.17 of the legislative committees having jurisdiction over 6.18 transportation policy and finance a status report on development 6.19 activities relating to toll facilities during the previous two 6.20 years, including: 6.21 (1) solicitations of interest; 6.22 (2) requests for letters of interest; 6.23 (3) calls for corridor concepts; 6.24 (4) selection of corridors; and 6.25 (5) formal requests for proposals, requests for 6.26 qualifications, and requests for public partners. 6.27 Subd. 3. [REPORT TO LEGISLATIVE COMMITTEES.] The 6.28 commissioner shall notify the chairs of the senate and house of 6.29 representatives committees having jurisdiction over 6.30 transportation policy and finance each time the commissioner 6.31 selects a corridor with the intention of soliciting proposals 6.32 for a toll facility in that corridor. The notification must be 6.33 made within ten days of the selection. 6.34 Sec. 10. Minnesota Statutes 2002, section 160.87, is 6.35 amended by adding a subdivision to read: 6.36 Subd. 4. [LIMITATION ON COLLECTION OF TOLLS; USE OF TOLL 7.1 REVENUE.] Notwithstanding subdivisions 1 to 3, a toll facility 7.2 operator or road authority may collect tolls on a toll facility 7.3 only until all costs related to the construction of the 7.4 facility, including right-of-way acquisition and payment of 7.5 principal and interest on any debt incurred therefore, have been 7.6 paid. 7.7 Sec. 11. [160.93] [LIMIT ON DEVELOPMENT AGREEMENTS.] 7.8 The commissioner may not enter into more than two 7.9 development agreements under sections 160.84 to 160.92 before 7.10 July 1, 2006. 7.11 Sec. 12. [160.94] [COMPATIBILITY OF TOLL-COLLECTION 7.12 SYSTEMS.] 7.13 The commissioner shall take all necessary steps to insure 7.14 that (1) all toll facilities use exclusively electronic 7.15 collection methods, and (2) to the maximum feasible degree, all 7.16 toll-collection systems used in Minnesota are compatible with 7.17 each other. 7.18 Sec. 13. Minnesota Statutes 2002, section 161.125, 7.19 subdivision 3, is amended to read: 7.20 Subd. 3. [SOUND ABATEMENT MEASURES.] (a) For the purpose 7.21 of this section, sound abatement measures include but are not 7.22 limited to the following: 7.23 (1) traffic management measures, including reduced speed 7.24 limits or exclusion and rerouting of excessively noisy vehicles; 7.25 (2) design and construction measures, including use of 7.26 sound absorbing road surface materials, landscaping and 7.27 planning, acquisition of buffer zones or noise insulation of 7.28 buildings on abutting property; 7.29 (3) enforcement of the motor vehicle source noise limits of 7.30 the Pollution Control Agency and of the federal Bureau of Motor 7.31 Carrier Safety; and 7.32 (4) other measures designed for the purpose of reducing 7.33 motor vehicle source noise or reducing the effects of that noise. 7.34 (b) The commissioner of public safety shall cooperate with 7.35 the commissioner of transportation in implementing any sound 7.36 abatement measures that include law enforcement activities. 8.1 (c) In addition to all criteria for the installation or 8.2 implementation of sound abatement measures under this section, 8.3 the commissioner shall consider the presence of bus shoulder 8.4 lanes in residential areas. 8.5 Sec. 14. Minnesota Statutes 2003 Supplement, section 8.6 168.013, subdivision 3, is amended to read: 8.7 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 8.8 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 8.9 gross weight shall state the unloaded weight of the motor 8.10 vehicle, trailer, or semitrailer and the maximum load the 8.11 applicant proposes to carry on it, the sum of which constitutes 8.12 the gross weight upon which the license tax must be paid. 8.13 However, the declared gross weight upon which the tax is paid 8.14 must not be less than 1-1/4 times the declared unloaded weight 8.15 of the motor vehicle, trailer, or semitrailer to be registered, 8.16 except recreational vehicles taxed under subdivision 1g, school 8.17 buses taxed under subdivision 18, and tow trucks or towing 8.18 vehicles defined in section 169.01, subdivision 52. The gross 8.19 weight of a tow truck or towing vehicle is the actual weight of 8.20 the tow truck or towing vehicle fully equipped, but does not 8.21 include the weight of a wrecked or disabled vehicle towed or 8.22 drawn by the tow truck or towing vehicle. 8.23 (b) The gross weight of a motor vehicle, trailer, or 8.24 semitrailer must not exceed the gross weight upon which the 8.25 license tax has been paid by more than four percent or 1,000 8.26 pounds, whichever is greater; provided that, a vehicle 8.27 transporting unfinished forest products on a highway, other than 8.28 a highway that is part of the system of interstate and defense 8.29 highways, unless a federal exemption is granted, in accordance 8.30 with paragraph (d)(3): 8.31 (1) shall not exceed its gross vehicle weight upon which 8.32 the license tax has been paid, or gross axle weight on any axle, 8.33 by more than five percent and, notwithstanding other law to the 8.34 contrary, is not subject to any fee, fine, or other assessment 8.35 or penalty for exceeding a gross vehicle or axle weight by up to 8.36 five percent, except during winter weight increase periods; and 9.1 (2) between the dates set by the commissioner in accordance 9.2 with section 169.826, subdivision 1, is not subject to any 9.3 provision of paragraph (d) or chapter 169 limiting the gross 9.4 axle weight of any individual axle unless the entire vehicle 9.5 also exceeds its gross vehicle weight plus its weight allowance 9.6 allowed in clause (1) and plus any weight allowance permitted 9.7 under section 169.826, in which case the vehicle is subject to 9.8 all applicable penalties for excess weight violations. 9.9 (c) The gross weight of the motor vehicle, trailer, or 9.10 semitrailer for which the license tax is paid must be indicated 9.11 by a distinctive character on the license plate or plates except 9.12 as provided in subdivision 12 and the plate or plates must be 9.13 kept clean and clearly visible at all times. 9.14 (d) The owner, driver, or user of a motor vehicle, trailer, 9.15 or semitrailer, upon conviction for transporting a gross weight 9.16 in excess of the gross weight for which it was registered or for 9.17 operating a vehicle with an axle weight exceeding the maximum 9.18 lawful axle load weight, is guilty of a misdemeanor and subject 9.19 to increased registration or reregistration according to the 9.20 following schedule: 9.21 (1) Upon conviction for transporting a gross weight in 9.22 excess of the gross weight for which a motor vehicle, trailer, 9.23 or semitrailer is registered by more than the allowance set 9.24 forth in paragraph (b) but less than 25 percent, or for 9.25 operating or using a motor vehicle, trailer, or semitrailer with 9.26 an axle weight exceeding the maximum lawful axle load as 9.27 provided in sections 169.822 to 169.829 by more than the 9.28 allowance set forth in paragraph (b) but less than 25 percent, 9.29 the owner, driver, or user of the motor vehicle, trailer, or 9.30 semitrailer used to commit the violation, in addition to any 9.31 penalty imposed for the misdemeanor, shall apply to the 9.32 registrar to increase the authorized gross weight to be carried 9.33 on the vehicle to a weight equal to or greater than the gross 9.34 weight the owner, driver, or user was convicted of carrying. 9.35 The increase is computed for the balance of the calendar year on 9.36 the basis of 1/12 of the annual tax for each month remaining in 10.1 the calendar year beginning with the first day of the month in 10.2 which the violation occurred. If the additional registration 10.3 tax computed upon that weight, plus the tax already paid, 10.4 amounts to more than the regular tax for the maximum gross 10.5 weight permitted for the vehicle under sections 169.822 to 10.6 169.829, that additional amount must nevertheless be paid into 10.7 the highway fund, but the additional tax thus paid does not 10.8 authorize or permit any person to operate the vehicle with a 10.9 gross weight in excess of the maximum legal weight as provided 10.10 by sections 169.822 to 169.829. Unless the owner within 30 days 10.11 after a conviction applies to increase the authorized weight and 10.12 pays the additional tax as provided in this section, the 10.13 registrar shall revoke the registration on the vehicle and 10.14 demand the return of the registration card and plates issued on 10.15 that registration. 10.16 (2) Upon conviction of an owner, driver, or user of a motor 10.17 vehicle, trailer, or semitrailer for transporting a gross weight 10.18 in excess of the gross weight for which the motor vehicle, 10.19 trailer, or semitrailer was registered by 25 percent or more or 10.20 for operating or using the vehicle or trailer with an axle 10.21 weight exceeding the maximum lawful axle load as provided in 10.22 sections 169.822 to 169.829 by 25 percent or more, and in 10.23 addition to any penalty imposed for the misdemeanor, the 10.24 registrar shall either (i) cancel the reciprocity privileges on 10.25 the vehicle involved if the vehicle is being operated under 10.26 reciprocity or (ii) if the vehicle is not being operated under 10.27 reciprocity, cancel the certificate of registration on the 10.28 vehicle operated and demand the return of the registration 10.29 certificate and registration plates. The registrar may not 10.30 cancel the registration or reciprocity privileges for any 10.31 vehicle found in violation of seasonal load restrictions imposed 10.32 under section 169.87 unless the axle weight exceeds the 10.33 year-round weight limit for the highway on which the violation 10.34 occurred. The registrar may investigate any allegation of gross 10.35 weight violations and demand that the operator show cause why 10.36 all future operating privileges in the state should not be 11.1 revoked unless the additional tax assessed is paid. 11.2 (3) Clause (1) does not apply to the first haul of 11.3 unprocessed or raw farm products or unfinished forest products, 11.4 when the registered gross weight is not exceeded by more than 11.5 ten percent. For purposes of this clause, "first haul" means 11.6 (i) the first, continuous transportation of unprocessed or raw 11.7 farm products from the place of production or on-farm storage 11.8 site to any other location within 50 miles of the place of 11.9 production or on-farm storage site, or (ii) the continuous or 11.10 noncontinuous transportation of unfinished forest products from 11.11 the place of production to the place of final processing or 11.12 manufacture located within 200 miles of the place of production. 11.13 (4) When the registration on a motor vehicle, trailer, or 11.14 semitrailer is revoked by the registrar according to this 11.15 section, the vehicle must not be operated on the highways of the 11.16 state until it is registered or reregistered, as the case may 11.17 be, and new plates issued, and the registration fee is the 11.18 annual tax for the total gross weight of the vehicle at the time 11.19 of violation. The reregistration pursuant to this subdivision 11.20 of any vehicle operating under reciprocity agreements pursuant 11.21 to section 168.181 or 168.187 must be at the full annual 11.22 registration fee without regard to the percentage of vehicle 11.23 miles traveled in this state. 11.24 Sec. 15. Minnesota Statutes 2002, section 168.187, is 11.25 amended by adding a subdivision to read: 11.26 Subd. 27. [PROHIBITED OPERATION.] The commissioner of 11.27 public safety shall refuse to issue a vehicle registration, 11.28 license plate, or permit to a vehicle licensed under this 11.29 section if the vehicle is assigned to a commercial motor carrier 11.30 who has been prohibited from operating in interstate commerce by 11.31 a federal agency with authority to do so under federal law. 11.32 The commissioner of public safety may revoke the 11.33 registration of a vehicle licensed under this section if the 11.34 vehicle is assigned to a commercial motor carrier who has been 11.35 prohibited from operating in interstate commerce by a federal 11.36 agency with authority to do so under federal law. 12.1 If the prohibition by the federal agency is rescinded, the 12.2 commissioner of public safety may reinstate a vehicle 12.3 registration under this section if registration taxes and fees 12.4 have been paid. 12.5 Sec. 16. Minnesota Statutes 2002, section 168.27, 12.6 subdivision 24, is amended to read: 12.7 Subd. 24. [BONDS.] (a) Except as otherwise provided in 12.8 this subdivision, all persons licensed according to this section 12.9 shall keep in full force and effect a bond with a corporate 12.10 surety to be approved by the registrar of motor vehicles in the 12.11 following amounts; in the case of boat trailer, snowmobile 12.12 trailer, horse trailer or motorized bicycle dealers, or dealers 12.13 in trailers with a manufacturer's rated carrying capacity under 12.14 15,000 pounds designed to transport small construction or farm 12.15 equipment, in the amount of $5,000; and as to all other persons 12.16 in the amount of $50,000. The bond must be conditioned on the 12.17 faithful performance by the licensee of the obligations imposed 12.18 on persons engaged in motor vehicle transactions by the laws of 12.19 this state, including the conduct required of a licensee by this 12.20 section and other sections governing the sale or transfer of 12.21 motor vehicles, and the payment of all taxes, license fees, and 12.22 penalties. The bond must be for the benefit of the state of 12.23 Minnesota and any transferor, seller, or purchaser of a motor 12.24 vehicle for any monetary loss caused by failure of the licensee 12.25 to meet the obligations enumerated above. Proceedings on the 12.26 forfeiture of the bonds must be commenced in the district court 12.27 of the county wherein the business of the licensed person was 12.28 carried on, or if in more than one county, the county in which 12.29 the offense occurred. This subdivision does not apply to a used 12.30 vehicle parts dealer or a scrap metal processor. 12.31 (b) This subdivision does not apply to: 12.32 (1) a dealer in new trailers designed to transport small 12.33 construction or farm equipment in any year following a year in 12.34 which the dealer had less than $500,000 in gross receipts from 12.35 the sale of such trailers; or 12.36 (2) a dealer in new trailers designed to transport small 13.1 construction or farm equipment who has been a dealer in such 13.2 trailers for less than one year and who the department 13.3 reasonably determines will have gross receipts of less than 13.4 $500,000 during the first year of business. 13.5 [EFFECTIVE DATE.] This section is effective the day 13.6 following final enactment. 13.7 Sec. 17. Minnesota Statutes 2002, section 168A.11, 13.8 subdivision 1, is amended to read: 13.9 Subdivision 1. [APPLICATIONREQUIREMENTS UPON SUBSEQUENT 13.10 TRANSFER.] (a)IfA dealer who buys a vehicle and holds it for 13.11 resaleand procures the certificate of title from the owner, and13.12complies with subdivision 2 hereof, the dealerneed not apply 13.13 for a certificate of title, but. Upon transferring the vehicle 13.14 to another person other than by the creation of a security 13.15 interest, the dealer shall promptly execute the assignment and 13.16 warranty of title by a dealer, showing the names and addresses 13.17 of the transferee and of any secured party holding a security 13.18 interest created or reserved at the time of the resale, and the 13.19 date of the security agreement in the spaces provided therefor 13.20 on the certificate of title or secure reassignment. 13.21 (b) With respect to motor vehicles subject to the 13.22 provisions of section 325E.15, the dealer shall also, in the 13.23 space provided therefor on the certificate of title or secure 13.24 reassignment, state the true cumulative mileage registered on 13.25 the odometer or that the exact mileage is unknown if the 13.26 odometer reading is known by the transferor to be different from 13.27 the true mileage. 13.28 (c) The transferee shall complete the application for title 13.29 section on the certificate of title or separate title 13.30 application form prescribed by the department. The dealer shall 13.31 mail or deliver the certificate to the registrar or deputy 13.32 registrar with the transferee's application for a new 13.33 certificate and appropriate taxes and fees, within ten business 13.34 days. 13.35 (d) With respect to vehicles sold to buyers who will remove 13.36 the vehicle from this state, the dealer shall remove any license 14.1 plates from the vehicle, issue a 31-day temporary permit 14.2 pursuant to section 168.091, and notify the registrar within 48 14.3 hours of the sale that the vehicle has been removed from this 14.4 state. The notification must be made in an electronic format 14.5 prescribed by the registrar. The dealer may contract with a 14.6 deputy registrar for the notification of sale to an out-of-state 14.7 buyer. The deputy registrar may charge a fee of $7 per 14.8 transaction to provide this service. 14.9 Sec. 18. Minnesota Statutes 2002, section 168A.11, 14.10 subdivision 2, is amended to read: 14.11 Subd. 2. [PURCHASE RECEIPTNOTIFICATION ON VEHICLE HELD 14.12 FOR RESALE.]A dealer, on buying a vehicle for which the seller14.13does not present a certificate of title, shall at the time of14.14taking delivery of the vehicle execute a purchase receipt for14.15the vehicle in a format designated by the department, and14.16deliver a copy to the seller. In a format and at a time14.17prescribed by the registrar, the dealer shall notify the14.18registrar that the vehicle is being held for resale by the14.19dealer.Within 48 hours of acquiring a vehicle titled and 14.20 registered in Minnesota, a dealer shall notify the registrar 14.21 that the dealership is holding the vehicle for resale. The 14.22 notification must be made electronically as prescribed by the 14.23 registrar. The dealer may contract this service to a deputy 14.24 registrar and the registrar may charge a fee of $7 per 14.25 transaction to provide this service. 14.26 Sec. 19. Minnesota Statutes 2002, section 169.01, 14.27 subdivision 78, is amended to read: 14.28 Subd. 78. [RECREATIONAL VEHICLE COMBINATION.] 14.29 "Recreational vehicle combination" means a combination of 14.30 vehicles consisting of a pickup truck as defined in section 14.31 168.011, subdivision 29, attached by means of a fifth-wheel 14.32 coupling to acamper-semitrailerrecreational trailer which has 14.33 hitched to it a trailer carrying a watercraft as defined in 14.34 section 86B.005, subdivision 18; off-highway motorcycle as 14.35 defined in section 84.787, subdivision 7; motorcycle; motorized 14.36 bicycle; snowmobile as defined in section 84.81, subdivision 15.1 3;orall-terrain vehicle as defined in section 84.92, 15.2 subdivision 8; or equestrian equipment and supplies. For 15.3 purposes of this subdivision: 15.4 (a) A "fifth-wheel coupling" is a coupling between a 15.5camper-semitrailerrecreational trailer and a towing pickup 15.6 truck in which a portion of the weight of thecamper-semitrailer15.7 recreational trailer is carried over or forward of the rear axle 15.8 of the towing pickup. 15.9 (b) A"camper-semitrailer""recreational trailer" is a 15.10 trailer, other than a manufactured home as defined in section 15.11 327B.01, subdivision 13, designed for human habitation and used 15.12 for vacation or recreational purposes for limited periods. 15.13 Sec. 20. Minnesota Statutes 2002, section 169.14, is 15.14 amended by adding a subdivision to read: 15.15 Subd. 2a. [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 15.16 commissioner shall designate the speed limit on marked 15.17 Interstate Highway 35E from West Seventh Street to marked 15.18 Interstate Highway 94 in St. Paul as 55 miles per hour, unless 15.19 the commissioner designates a different speed limit on that 15.20 highway after conducting an engineering and traffic 15.21 investigation under subdivision 4 and determining that a 15.22 different speed limit is reasonable and safe. Any speed in 15.23 excess of a speed limit designated under this section is 15.24 unlawful. 15.25 [EFFECTIVE DATE.] This section is effective June 1, 2004. 15.26 Sec. 21. [169.2212] [BUS DRIVER DUTY OF CARE.] 15.27 The duty of care owed by a driver of a regular route 15.28 transit bus to a passenger on that bus, including a passenger 15.29 who is an elementary or secondary pupil, applies only when the 15.30 passenger is on the bus or boarding or disembarking. The duty 15.31 of care owed by a driver of a paratransit vehicle to a passenger 15.32 on that vehicle, including a passenger who is an elementary or 15.33 secondary pupil, applies only when the passenger is on the 15.34 vehicle or boarding or disembarking, and as provided in the 15.35 local passenger assistance policy. At all other times the 15.36 passenger is a pedestrian and a driver's duty is limited to the 16.1 duty of care owed by an operator of a motor vehicle to a 16.2 pedestrian. For purposes of this section, "regular route 16.3 transit" has the meaning given it in section 174.22, subdivision 16.4 8, and "paratransit" has the meaning given it in section 174.22, 16.5 subdivision 6. 16.6 Sec. 22. Minnesota Statutes 2002, section 169.448, is 16.7 amended by adding a subdivision to read: 16.8 Subd. 4. [DAY ACTIVITY CENTER BUSES.] (a) Notwithstanding 16.9 subdivision 1, a vehicle used to transport adults to and from a 16.10 day activity center may be equipped with prewarning flashing 16.11 amber signals and a stop-signal arm, and the operator of the 16.12 vehicle may activate this equipment under the following 16.13 circumstances: 16.14 (1) the operator possesses a commercial driver's license 16.15 with a school bus endorsement; 16.16 (2) the vehicle is engaged in picking up or dropping off 16.17 adults at locations predesignated by the day activity center 16.18 that owns or leases the bus; 16.19 (3) the vehicle is identified as a "day activity center 16.20 bus" in letters at least eight inches high on the front and rear 16.21 top of the bus; 16.22 (4) the name, address, and telephone number of the owner 16.23 and operator of the bus is identified on each front door of the 16.24 bus in letters not less than three inches high; and 16.25 (5) notwithstanding subdivision 1, paragraph (a), the 16.26 vehicle is painted national school bus glossy yellow. 16.27 (b) The provisions of section 169.444 relating to duties of 16.28 care of a motorist to a school bus, and violations thereof, 16.29 apply to a vehicle described in this section when the vehicle is 16.30 operated in conformity with this subdivision. The provisions of 16.31 section 169.443 relating to a bus driver's duties apply to a 16.32 vehicle described in this section except those which by their 16.33 nature have no application. 16.34 Sec. 23. Minnesota Statutes 2002, section 169.81, 16.35 subdivision 3c, is amended to read: 16.36 Subd. 3c. [RECREATIONAL VEHICLE COMBINATION.] 17.1 Notwithstanding subdivision 3, a recreational vehicle 17.2 combination may be operated without a permit if: 17.3 (1) the combination does not consist of more than three 17.4 vehicles, and the towing rating of the pickup truck is equal to 17.5 or greater than the total weight of all vehicles being towed; 17.6 (2) the combination does not exceed 60 feet in length; 17.7 (3) thecamper-semitrailerrecreational trailer in the 17.8 combination does not exceed 28 feet in length; 17.9 (4) the operator of the combination is at least 18 years of 17.10 age; 17.11 (5) the trailer carrying a watercraft, motorcycle, 17.12 motorized bicycle, off-highway motorcycle, snowmobile,or17.13 all-terrain vehicle, or equestrian equipment and supplies meets 17.14 all requirements of law; 17.15 (6) the trailers in the combination are connected to the 17.16 pickup truck and each other in conformity with section 169.82; 17.17 and 17.18 (7) the combination is not operated within the seven-county 17.19 metropolitan area, as defined in section 473.121, subdivision 2, 17.20 during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 17.21 p.m. on Mondays through Fridays. 17.22 Sec. 24. Minnesota Statutes 2002, section 169.81, is 17.23 amended by adding a subdivision to read: 17.24 Subd. 3e. [ARTICULATED BUSES.] Notwithstanding subdivision 17.25 2, a motor carrier of passengers registered under section 17.26 221.0252 may operate without a permit an articulated bus of up 17.27 to 61 feet in length. 17.28 Sec. 25. Minnesota Statutes 2002, section 169.824, 17.29 subdivision 2, is amended to read: 17.30 Subd. 2. [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 17.31 Notwithstanding the provisions of section 169.85, the gross 17.32 vehicle weight of all axles of a vehicle or combination of 17.33 vehicles shall not exceed: 17.34 (1) except as provided in clause (2), 80,000 pounds for any 17.35 vehicle or combination of vehicles on all state trunk highways 17.36 as defined in section 160.02, subdivision 29, and for all routes 18.1 designated under section 169.832, subdivision 11; 18.2 (2) 88,000 pounds for any vehicle or combination of 18.3 vehicles with six or more axles while exclusively engaged in 18.4 hauling livestock on all state trunk highways other than 18.5 interstate highways, if the vehicle has a permit under section 18.6 169.86, subdivision 5, paragraph (j); 18.7 (3) 73,280 pounds for any vehicle or combination of 18.8 vehicles with five axles or less on all routes, other than state 18.9 trunk highways and routes that are designated under section 18.10 169.832, subdivision 11; and 18.11(3)(4) 80,000 pounds for any vehicle or combination of 18.12 vehicles with six or more axles on all routes, other than state 18.13 trunk highways and routes that are designated under section 18.14 169.832, subdivision 11. 18.15 (b) The maximum weights specified in this section for five 18.16 consecutive axles shall not apply to a four-axle ready-mix 18.17 concrete truck which was equipped with a fifth axle prior to 18.18 June 1, 1981. The maximum gross weight on four or fewer 18.19 consecutive axles of vehicles excepted by this clause shall not 18.20 exceed any maximum weight specified for four or fewer 18.21 consecutive axles in this section. 18.22 Sec. 26. [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 18.23 PRODUCTS.] 18.24 A vehicle or combination of vehicles hauling raw or 18.25 unfinished forest products, including wood chips, by the most 18.26 direct route to the nearest highway that has been designated 18.27 under section 169.832, subdivision 11, may be operated on any 18.28 highway with gross weights permitted under sections 169.822 to 18.29 169.829 without regard to load restrictions imposed on that 18.30 highway, except that such vehicles must: 18.31 (1) comply with seasonal load restrictions in effect 18.32 between the dates set by the commissioner under section 169.87, 18.33 subdivision 2; 18.34 (2) comply with bridge load limits posted under section 18.35 169.84; 18.36 (3) be equipped and operated with six axles and brakes; 19.1 (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 19.2 gross weight during the time when seasonal increases are 19.3 authorized under section 169.826; 19.4 (5) not be operated on interstate and defense highways; 19.5 (6) obtain an annual permit from the commissioner of 19.6 transportation; and 19.7 (7) obey all road postings. 19.8 Sec. 27. Minnesota Statutes 2003 Supplement, section 19.9 169.86, subdivision 5, is amended to read: 19.10 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 19.11 commissioner, with respect to highways under the commissioner's 19.12 jurisdiction, may charge a fee for each permit issued. All such 19.13 fees for permits issued by the commissioner of transportation 19.14 shall be deposited in the state treasury and credited to the 19.15 trunk highway fund. Except for those annual permits for which 19.16 the permit fees are specified elsewhere in this chapter, the 19.17 fees shall be: 19.18 (a) $15 for each single trip permit. 19.19 (b) $36 for each job permit. A job permit may be issued 19.20 for like loads carried on a specific route for a period not to 19.21 exceed two months. "Like loads" means loads of the same 19.22 product, weight, and dimension. 19.23 (c) $60 for an annual permit to be issued for a period not 19.24 to exceed 12 consecutive months. Annual permits may be issued 19.25 for: 19.26 (1) motor vehicles used to alleviate a temporary crisis 19.27 adversely affecting the safety or well-being of the public; 19.28 (2) motor vehicles which travel on interstate highways and 19.29 carry loads authorized under subdivision 1a; 19.30 (3) motor vehicles operating with gross weights authorized 19.31 under section 169.826, subdivision 1a; 19.32 (4) special pulpwood vehicles described in section 169.863; 19.33 (5) motor vehicles bearing snowplow blades not exceeding 19.34 ten feet in width; and 19.35 (6) noncommercial transportation of a boat by the owner or 19.36 user of the boat. 20.1 (d) $120 for an oversize annual permit to be issued for a 20.2 period not to exceed 12 consecutive months. Annual permits may 20.3 be issued for: 20.4 (1) mobile cranes; 20.5 (2) construction equipment, machinery, and supplies; 20.6 (3) manufactured homes; 20.7 (4) implements of husbandry when the movement is not made 20.8 according to the provisions of paragraph (i); 20.9 (5) double-deck buses; 20.10 (6) commercial boat hauling. 20.11 (e) For vehicles which have axle weights exceeding the 20.12 weight limitations of sections 169.822 to 169.829, an additional 20.13 cost added to the fees listed above. However, this paragraph 20.14 applies to any vehicle described in section 168.013, subdivision 20.15 3, paragraph (b), but only when the vehicle exceeds its gross 20.16 weight allowance set forth in that paragraph, and then the 20.17 additional cost is for all weight, including the allowance 20.18 weight, in excess of the permitted maximum axle weight. The 20.19 additional cost is equal to the product of the distance traveled 20.20 times the sum of the overweight axle group cost factors shown in 20.21 the following chart: 20.22 Overweight Axle Group Cost Factors 20.23 Weight (pounds) Cost Per Mile For Each Group Of: 20.24 exceeding Two consec- Three consec- Four consec- 20.25 weight utive axles utive axles utive axles 20.26 limitations spaced within spaced within spaced within 20.27 on axles 8 feet or less 9 feet or less 14 feet or less 20.28 0-2,000 .12 .05 .04 20.29 2,001-4,000 .14 .06 .05 20.30 4,001-6,000 .18 .07 .06 20.31 6,001-8,000 .21 .09 .07 20.32 8,001-10,000 .26 .10 .08 20.33 10,001-12,000 .30 .12 .09 20.34 12,001-14,000 Not permitted .14 .11 20.35 14,001-16,000 Not permitted .17 .12 20.36 16,001-18,000 Not permitted .19 .15 21.1 18,001-20,000 Not permitted Not permitted .16 21.2 20,001-22,000 Not permitted Not permitted .20 21.3 The amounts added are rounded to the nearest cent for each axle 21.4 or axle group. The additional cost does not apply to paragraph 21.5 (c), clauses (1) and (3). 21.6 For a vehicle found to exceed the appropriate maximum permitted 21.7 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 21.8 a ton, over the permitted maximum weight is imposed in addition 21.9 to the normal permit fee. Miles must be calculated based on the 21.10 distance already traveled in the state plus the distance from 21.11 the point of detection to a transportation loading site or 21.12 unloading site within the state or to the point of exit from the 21.13 state. 21.14 (f) As an alternative to paragraph (e), an annual permit 21.15 may be issued for overweight, or oversize and overweight, 21.16 construction equipment, machinery, and supplies. The fees for 21.17 the permit are as follows: 21.18 Gross Weight (pounds) of Vehicle Annual Permit Fee 21.19 90,000 or less $200 21.20 90,001 - 100,000 $300 21.21 100,001 - 110,000 $400 21.22 110,001 - 120,000 $500 21.23 120,001 - 130,000 $600 21.24 130,001 - 140,000 $700 21.25 140,001 - 145,000 $800 21.26 If the gross weight of the vehicle is more than 145,000 pounds 21.27 the permit fee is determined under paragraph (e). 21.28 (g) For vehicles which exceed the width limitations set 21.29 forth in section 169.80 by more than 72 inches, an additional 21.30 cost equal to $120 added to the amount in paragraph (a) when the 21.31 permit is issued while seasonal load restrictions pursuant to 21.32 section 169.87 are in effect. 21.33 (h) $85 for an annual permit to be issued for a period not 21.34 to exceed 12 months, for refuse-compactor vehicles that carry a 21.35 gross weight of not more than: 22,000 pounds on a single rear 21.36 axle; 38,000 pounds on a tandem rear axle; or, subject to 22.1 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 22.2 axle. A permit issued for up to 46,000 pounds on a tridem rear 22.3 axle must limit the gross vehicle weight to not more than 62,000 22.4 pounds. 22.5 (i) For vehicles exclusively transporting implements of 22.6 husbandry, an annual permit fee of $24. A vehicle operated 22.7 under a permit authorized by this paragraph may be moved at the 22.8 discretion of the permit holder without prior route approval by 22.9 the commissioner if: 22.10 (1) the total width of the transporting vehicle, including 22.11 load, does not exceed 14 feet; 22.12 (2) the vehicle is operated only between sunrise and 30 22.13 minutes after sunset, and is not operated at any time after 22.14 12:00 noon on Sundays or holidays; 22.15 (3) the vehicle is not operated when visibility is impaired 22.16 by weather, fog, or other conditions that render persons and 22.17 other vehicles not clearly visible at 500 feet; 22.18 (4) the vehicle displays at the front and rear of the load 22.19 or vehicle a pair of flashing amber lights, as provided in 22.20 section 169.59, subdivision 4, whenever the overall width of the 22.21 vehicle exceeds 126 inches; and 22.22 (5) the vehicle is not operated on a trunk highway with a 22.23 surfaced roadway width of less than 24 feet unless such 22.24 operation is authorized by the permit. 22.25 A permit under this paragraph authorizes movements of the 22.26 permitted vehicle on an interstate highway, and movements of 75 22.27 miles or more on other highways. 22.28 (j) $200 for an annual permit for a vehicle operating under 22.29 authority of section 169.824, subdivision 2, paragraph (a), 22.30 clause (2). 22.31 (k) $300 for a motor vehicle described in section 22.32 169.8261. The fee under this paragraph must be deposited as 22.33 follows: 22.34 (1) In fiscal years 2005 through 2010: 22.35 (i) The first $50,000 in each fiscal year must be deposited 22.36 in the trunk highway fund. 23.1 (ii) All remaining money in each fiscal year must be 23.2 deposited in a bridge inspection and signing account in the 23.3 special revenue fund. Money in the account is appropriated to 23.4 the commissioner for: 23.5 (A) inspection of local bridges and identification of local 23.6 bridges to be posted, including contracting with a consultant 23.7 for some or all of these functions; and 23.8 (B) erection of weight posting signs on local bridges. 23.9 (2) In fiscal year 2011 and subsequent years, all fees 23.10 under this paragraph must be deposited in the trunk highway fund. 23.11 Sec. 28. Minnesota Statutes 2002, section 169.87, 23.12 subdivision 4, is amended to read: 23.13 Subd. 4. [VEHICLE TRANSPORTING MILK.] Until June 1,200323.14 2005, a weight restriction imposed under subdivision 1 by the 23.15 commissioner of transportation or a local road authority, or 23.16 imposed by subdivision 2, does not apply to a vehicle 23.17 transporting milk from the point of production to the point of 23.18 first processing if, at the time the weight restriction is 23.19 exceeded, the vehicle is carrying milk loaded at only one point 23.20 of production. This subdivision does not authorize a vehicle 23.21 described in this subdivision to exceed a weight restriction of 23.22 five tons per axle by more than two tons per axle. 23.23 [EFFECTIVE DATE.] This section is effective the day 23.24 following final enactment. 23.25 Sec. 29. Minnesota Statutes 2002, section 169.87, 23.26 subdivision 6, is amended to read: 23.27 Subd. 6. [RECYCLING AND GARBAGE VEHICLES.] (a) Except as 23.28 provided in paragraph (b), weight restrictions imposed under 23.29 subdivisions 1 and 2 do not apply to atwo-axlevehicle that 23.30 does not exceed 20,000 pounds per single axle and is designed 23.31 and used exclusively for recycling, while engaged in recycling 23.32 in a political subdivision that mandates curbside recycling 23.33 pickup. 23.34 (b) Until July 1, 2005, weight restrictions imposed under 23.35 subdivisions 1 and 2 do not apply to (1) a vehicle that does not 23.36 exceed 14,000 pounds per single axle and is used exclusively for 24.1 recycling as described in paragraph (a), or (2) a vehicle that 24.2 does not exceed 14,000 pounds per single axle and is designed 24.3 and used exclusively for collecting mixed municipal solid waste, 24.4 as defined in section 115A.03, subdivision 21, while engaged in 24.5 such collection. 24.6 (c) Notwithstanding section 169.80, subdivision 1, a 24.7 violation of weight restrictions imposed under subdivisions 1 24.8 and 2 by a vehicle designed and used exclusively for recycling 24.9 while engaged in recycling in a political subdivision that 24.10 mandates curbside recycling pickup while engaged in such 24.11 collection, or by a vehicle that is designed and used 24.12 exclusively for collecting mixed municipal solid waste as 24.13 defined in section 115A.03, subdivision 21, while engaged in 24.14 such collection, is not subject to criminal penalties but is 24.15 subject to a civil penalty for excess weight under section 24.16 169.871. 24.17 [EFFECTIVE DATE.] This section is effective the day 24.18 following final enactment. 24.19 Sec. 30. Minnesota Statutes 2002, section 169.99, 24.20 subdivision 1b, is amended to read: 24.21 Subd. 1b. [SPEED.] The uniform traffic ticket must provide 24.22 a blank or space wherein: 24.23 (1) an officer who issues a citation for a violation of 24.24 section 169.14, subdivision 2, paragraph (a), clause (3), must 24.25 specify whether the speed was greater than ten miles per hour in 24.26 excess of the lawful speed; 24.27 (2) an officer who issues a citation for exceeding a speed 24.28 limit of 60 miles per hour must specify whether the speed was 24.29 greater than five miles per hour in excess of the lawful speed; 24.30 and 24.31 (3) an officer who issues a citation for a violation of 24.32 section 169.14, subdivision 2, paragraph (a), clause (2), (4), 24.33 or (5), must specify whether the speed was greater than ten 24.34 miles per hour in excess of the lawful speed. 24.35 [EFFECTIVE DATE.] This section is effective June 1, 2004. 24.36 Sec. 31. Minnesota Statutes 2002, section 171.05, 25.1 subdivision 1, is amended to read: 25.2 Subdivision 1. [PERSON 18 OR MORE YEARS OF AGE.] Any 25.3 person who is 18 or more years of age and who, except for a lack 25.4 of instruction in operating a motor vehicle, would otherwise be 25.5 qualified to obtain a class D driver's license under this 25.6 chapter, may apply for an instruction permit and the department 25.7 shall issue such permit entitling the applicant, while having 25.8 such permit in immediate possession, to drive a motor vehicle 25.9 for which a class D license is valid upon the highways for a 25.10 period ofone yeartwo years, but such person must be 25.11 accompanied by an adult licensed driver who is actually 25.12 occupying a seat beside the driver. Any license of a lower 25.13 class may be used as an instruction permit for a higher class 25.14 for a period of six months after passage of the written test or 25.15 tests required for the higher class and when the licensee is 25.16 accompanied by and receiving instruction from a holder of the 25.17 appropriate higher class license. A copy of the record of 25.18 examination taken for the higher class license must be carried 25.19 by the driver while using such lower class license as an 25.20 instruction permit. 25.21 Sec. 32. Minnesota Statutes 2002, section 171.05, 25.22 subdivision 2, is amended to read: 25.23 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 25.24 Notwithstanding any provision in subdivision 1 to the contrary, 25.25 the department may issue an instruction permit to an applicant 25.26 who is 15, 16, or 17 years of age and who: 25.27 (1) has completed a course of driver education in another 25.28 state, has a previously issued valid license from another state, 25.29 or is enrolled in either: 25.30 (i) a public, private, or commercial driver education 25.31 program that is approved by the commissioner of public safety 25.32 and that includes classroom and behind-the-wheel training; or 25.33 (ii) an approved behind-the-wheel driver education program 25.34 when the student is receiving full-time instruction in a home 25.35 school within the meaning of sections 120A.22 and 120A.24, the 25.36 student is working toward a home-school diploma, the student's 26.1 status as a home-school student has been certified by the 26.2 superintendent of the school district in which the student 26.3 resides, and the student is taking home-classroom driver 26.4 training with classroom materials approved by the commissioner 26.5 of public safety; 26.6 (2) has completed the classroom phase of instruction in the 26.7 driver education program; 26.8 (3) has passed a test of the applicant's eyesight; 26.9 (4) has passed a department-administered test of the 26.10 applicant's knowledge of traffic laws; 26.11 (5) has completed the required application, which must be 26.12 approved by (i) either parent when both reside in the same 26.13 household as the minor applicant or, if otherwise, then (ii) the 26.14 parent or spouse of the parent having custody or, in the event 26.15 there is no court order for custody, then (iii) the parent or 26.16 spouse of the parent with whom the minor is living or, if items 26.17 (i) to (iii) do not apply, then (iv) the guardian having custody 26.18 of the minor or, in the event a person under the age of 18 has 26.19 no living father, mother, or guardian, or is married or 26.20 otherwise legally emancipated, then (v) the applicant's adult 26.21 spouse, adult close family member, or adult employer; provided, 26.22 that the approval required by this clause contains a 26.23 verification of the age of the applicant and the identity of the 26.24 parent, guardian, adult spouse, adult close family member, or 26.25 adult employer; and 26.26 (6) has paid the fee required in section 171.06, 26.27 subdivision 2. 26.28 (b) The instruction permit is valid forone yeartwo years 26.29 from the date of application and may be renewed upon payment of 26.30 a fee equal to the fee for issuance of an instruction permit 26.31 under section 171.06, subdivision 2. 26.32 Sec. 33. Minnesota Statutes 2002, section 171.12, 26.33 subdivision 6, is amended to read: 26.34 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] The 26.35 department shall not keep on the record of a driver any 26.36 conviction for: 27.1 (1) a violation of section 169.14, subdivision 2, paragraph 27.2 (a), clause (3), unless the violation consisted of a speed 27.3 greater than ten miles per hour in excess of the lawful speed; 27.4 (2) a violation of a speed limit of 60 miles per hour 27.5 unless the violation consisted of a speed greater than five 27.6 miles per hour in excess of the lawful speed; or 27.7 (3) a violation of section 169.14, subdivision 2, paragraph 27.8 (a), clause (2), (4), or (5), unless the violation consisted of 27.9 a speed greater than ten miles per hour in excess of the lawful 27.10 speed. 27.11 [EFFECTIVE DATE.] This section is effective June 1, 2004. 27.12 Sec. 34. Minnesota Statutes 2002, section 171.165, 27.13 subdivision 1, is amended to read: 27.14 Subdivision 1. [FIRST VIOLATION.] Subject to section 27.15 171.166, the commissioner shall disqualify a person from 27.16 operating commercial motor vehicles for one year upon receiving 27.17 a record of the first conviction of the person for committing a 27.18 violation of any of the following offenses while operating a 27.19commercialmotor vehicle: 27.20 (1) section 169A.20 or 169A.31; 27.21 (2) section 169.09, subdivision 1 or 2; 27.22 (3) a felony, other than a felony described in subdivision 27.23 3, paragraph (a), clause (2), item (ii); 27.24 (4) driving with a revoked, suspended, canceled, denied, or 27.25 disqualified commercial driver's license; 27.26 (5) causing a fatality through the negligent or criminal 27.27 operation of a commercial motor vehicle; or 27.28 (6) an offense committed in another state that would be 27.29 grounds for disqualification under this subdivision or 27.30 subdivision 2 if committed in Minnesota. 27.31 Sec. 35. Minnesota Statutes 2002, section 171.165, 27.32 subdivision 4, is amended to read: 27.33 Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a 27.34 record of conviction and subject to section 171.166, the 27.35 commissioner shall disqualify a person from operating commercial 27.36 motor vehicles for 60 days if the person is convicted of two 28.1 serious traffic violations, or 120 days if convicted of three 28.2 serious traffic violations. The violations must involve 28.3 separate incidents and must have been committed in acommercial28.4 motor vehicle within a three-year period. For purposes of this 28.5 subdivision, a serious traffic violation includes the following: 28.6 (1) following too closely under section 169.18, subdivision 28.7 8; 28.8 (2) erratic lane change under sections 169.18, subdivisions 28.9 3 and 7; and 169.19, subdivision 4; 28.10 (3) operating thecommercialvehicle at a speed 15 miles 28.11 per hour or more above the posted speed limit; 28.12 (4) reckless or careless driving under section 169.13; 28.13 (5) fleeing a peace officer under section 609.487; 28.14 (6) a violation of a moving traffic statute of Minnesota or 28.15 any state, or an ordinance in conformity with a Minnesota 28.16 statute, that arose in connection with a fatal accident; 28.17 (7) operating a commercial motor vehicle without the proper 28.18 class of commercial driver's license or endorsements for the 28.19 type of vehicle being operated; and 28.20 (8) operating a commercial motor vehicle without a 28.21 commercial driver's license in immediate possession, unless the 28.22 person provides proof to the court that, on the date of the 28.23 citation, the person held a valid commercial driver's license of 28.24 the proper class and with the proper endorsements. 28.25 Sec. 36. Minnesota Statutes 2002, section 171.165, is 28.26 amended by adding a subdivision to read: 28.27 Subd. 8. [ADOPTION OF FEDERAL REGULATIONS.] Code of 28.28 Federal Regulations, title 49, section 383.51, is incorporated 28.29 by reference. 28.30 Sec. 37. Minnesota Statutes 2003 Supplement, section 28.31 171.20, subdivision 4, is amended to read: 28.32 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 28.33 reinstated, (1) a person whose driver's license has been 28.34 suspended under section 171.16, subdivision 2; 171.18, except 28.35 subdivision 1, clause (10); or 171.182, or who has been 28.36 disqualified from holding a commercial driver's license under 29.1 section 171.165, and (2) a person whose driver's license has 29.2 been suspended under section 171.186 and who is not exempt from 29.3 such a fee, must pay a fee of $20. 29.4 (b) Before the license is reinstated, a person whose 29.5 license has been suspendedor revokedunder sections 169.791 to 29.6 169.798 must pay a $20 reinstatement fee. 29.7 (c) When fees are collected by a licensing agent appointed 29.8 under section 171.061, a handling charge is imposed in the 29.9 amount specified under section 171.061, subdivision 4. The 29.10 reinstatement fee and surcharge must be deposited in an approved 29.11 state depository as directed under section 171.061, subdivision 29.12 4. 29.13 (d) A suspension may be rescinded without fee for good 29.14 cause. 29.15 Sec. 38. [171.324] [HAZARDOUS MATERIALS LICENSE 29.16 ENDORSEMENT BACKGROUND CHECKS.] 29.17 Subdivision 1. [ENDORSEMENT; FEE; ACCOUNT; 29.18 APPROPRIATION.] (a) Before being issued or renewing a class C, 29.19 class B, or class A driver's license with a hazardous materials 29.20 endorsement, an applicant must comply with the federal 29.21 regulations incorporated in this section. 29.22 (b) The commissioner may charge the applicant a fee of up 29.23 to $100 to cover the department's actual costs of conducting the 29.24 required background check of persons applying for a Minnesota 29.25 driver's license with a hazardous materials endorsement. The 29.26 proceeds of the fee must be deposited in an account in the 29.27 special revenue fund. Money in the account is annually 29.28 appropriated to the commissioner to pay the actual costs 29.29 associated with conducting the required background checks. 29.30 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 29.31 107-56, section 1012, as implemented in Code of Federal 29.32 Regulations, title 49, part 1572, is incorporated by reference 29.33 except for sections 1572.9 and 1572.11. 29.34 Subd. 3. [RULES.] The commissioner may adopt rules 29.35 pursuant to section 14.388, subdivision 1, clause (1), in order 29.36 to implement this section. 30.1 [EFFECTIVE DATE.] This section is effective the day 30.2 following final enactment. 30.3 Sec. 39. Minnesota Statutes 2002, section 174.03, is 30.4 amended by adding a subdivision to read: 30.5 Subd. 10. [PROMOTION OF BICYCLE COMMUTING.] To conserve 30.6 energy, alleviate traffic congestion, improve employee health 30.7 through increased physical activity, decrease demand for motor 30.8 vehicle parking, and minimize the environmental impact of 30.9 commuting by singly occupied motor vehicles, the commissioner of 30.10 transportation must promote bicycle commuting. As part of 30.11 promoting bicycle commuting, the commissioner must: 30.12 (1) consider the effect on bicycle commuting in the design 30.13 of transportation facilities throughout the state; 30.14 (2) encourage employers who are making capital improvements 30.15 to their facilities to incorporate design elements that will 30.16 facilitate bicycle commuting, such as bike racks, indoor or 30.17 outdoor sheltered bicycle parking, high-security bicycle 30.18 parking, showers, and dressing areas for bikers; and 30.19 (3) encourage employers that provide parking or other 30.20 subsidies for drivers to provide subsidies for bicycle commuters. 30.21 Sec. 40. [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM.] 30.22 The commissioner shall develop a plan for a statewide 30.23 system of ten-ton county and county state-aid highways to, in 30.24 order of priority: 30.25 (1) support the commissioner's interregional corridor 30.26 system; 30.27 (2) provide greater efficiencies for forestry, agriculture, 30.28 and other industries in transporting their produce to market; 30.29 and 30.30 (3) provide new and existing manufacturing industries with 30.31 new growth opportunities. 30.32 [EFFECTIVE DATE.] This section is effective July 1, 2004. 30.33 Sec. 41. Minnesota Statutes 2002, section 179A.03, 30.34 subdivision 7, is amended to read: 30.35 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 30.36 firefighters, peace officers subject to licensure under sections 31.1 626.84 to 626.863, 911 system and police and fire department 31.2 public safety dispatchers, guards at correctional facilities, 31.3 confidential employees, supervisory employees, assistant county 31.4 attorneys, assistant city attorneys, principals, and assistant 31.5 principals. However, for state employees, "essential employee" 31.6 means all employees in law enforcement, public safety radio 31.7 communications operators, health care professionals, 31.8 correctional guards, professional engineering, and supervisory 31.9 collective bargaining units, irrespective of severance, and no 31.10 other employees. For University of Minnesota employees, 31.11 "essential employee" means all employees in law enforcement, 31.12 nursing professional and supervisory units, irrespective of 31.13 severance, and no other employees. "Firefighters" means 31.14 salaried employees of a fire department whose duties include, 31.15 directly or indirectly, controlling, extinguishing, preventing, 31.16 detecting, or investigating fires. Employees for whom the state 31.17 court administrator is the negotiating employer are not 31.18 essential employees. 31.19 [EFFECTIVE DATE.] This section is effective July 1, 2004. 31.20 Sec. 42. Minnesota Statutes 2002, section 179A.10, 31.21 subdivision 2, is amended to read: 31.22 Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless 31.23 otherwise excluded, are included within the units which include 31.24 the classifications to which they are assigned for purposes of 31.25 compensation. Supervisory employees shall only be assigned to 31.26 units 12 and 16. The following are the appropriate units of 31.27 executive branch state employees: 31.28 (1) Law Enforcement Unit; 31.29 (2) Craft, Maintenance, and Labor unit; 31.30 (3) Service Unit; 31.31 (4) Health Care Nonprofessional Unit; 31.32 (5) Health Care Professional Unit; 31.33 (6) Clerical and Office Unit; 31.34 (7) Technical Unit; 31.35 (8) Correctional Guards Unit; 31.36 (9) State University Instructional Unit; 32.1 (10) State College Instructional Unit; 32.2 (11) State University Administrative Unit; 32.3 (12) Professional Engineering Unit; 32.4 (13) Health Treatment Unit; 32.5 (14) General Professional Unit; 32.6 (15) Professional State Residential Instructional Unit;and32.7 (16) Supervisory Employees Unit; and 32.8 (17) Public Safety Radio Communications Operator Unit. 32.9 Each unit consists of the classifications or positions 32.10 assigned to it in the schedule of state employee job 32.11 classification and positions maintained by the commissioner. 32.12 The commissioner may only make changes in the schedule in 32.13 existence on the day prior to August 1, 1984, as required by law 32.14 or as provided in subdivision 4. 32.15 [EFFECTIVE DATE.] This section is effective July 1, 2004. 32.16 Sec. 43. Minnesota Statutes 2002, section 299D.08, is 32.17 amended to read: 32.18 299D.08 [TRAFFIC CITATION QUOTA PROHIBITED.] 32.19 The State Patrol or a law enforcement agency shall not 32.20 order, mandate, require, or suggest to a patrol trooper, 32.21 commercial vehicle inspector, or law compliance representative 32.22 that the patrol trooper, inspector, or representative issue a 32.23 certain number of traffic citations on a daily, weekly, monthly, 32.24 quarterly, or yearly quota basis. 32.25 Sec. 44. Minnesota Statutes 2002, section 360.015, is 32.26 amended by adding a subdivision to read: 32.27 Subd. 6a. [STATE AVIATION PLAN.] The commissioner must 32.28 prepare a 20-year state aviation plan that addresses all key and 32.29 intermediate airports in Minnesota. The commissioner shall 32.30 consult with the Metropolitan Airports Commission in preparing 32.31 the plan. The commissioner shall adopt the plan by January 1, 32.32 2006, and adopt an updated version of the plan every five years 32.33 thereafter. 32.34 Sec. 45. Minnesota Statutes 2002, section 609.531, 32.35 subdivision 1, is amended to read: 32.36 Subdivision 1. [DEFINITIONS.] For the purpose of sections 33.1 609.531 to 609.5318, the following terms have the meanings given 33.2 them. 33.3 (a) "Conveyance device" means a device used for 33.4 transportation and includes, but is not limited to, a motor 33.5 vehicle, trailer, snowmobile, airplane, and vessel and any 33.6 equipment attached to it. The term "conveyance device" does not 33.7 include property which is, in fact, itself stolen or taken in 33.8 violation of the law. 33.9 (b) "Weapon used" means a dangerous weapon as defined under 33.10 section 609.02, subdivision 6, that the actor used or had in 33.11 possession in furtherance of a crime. 33.12 (c) "Property" means property as defined in section 609.52, 33.13 subdivision 1, clause (1). 33.14 (d) "Contraband" means property which is illegal to possess 33.15 under Minnesota law. 33.16 (e) "Appropriate agency" means the Bureau of Criminal 33.17 Apprehension, the Minnesota Division of Driver and Vehicle 33.18 Services, the Minnesota State Patrol, a county sheriff's 33.19 department, the Suburban Hennepin Regional Park District park 33.20 rangers, the Department of Natural Resources Division of 33.21 Enforcement, the University of Minnesota Police Department, or a 33.22 city or airport police department. 33.23 (f) "Designated offense" includes: 33.24 (1) for weapons used: any violation of this chapter, 33.25 chapter 152, or chapter 624; 33.26 (2) for driver's license or identification card 33.27 transactions: any violation of section 171.22; and 33.28 (3) for all other purposes: a felony violation of, or a 33.29 felony-level attempt or conspiracy to violate, section 325E.17; 33.30 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 33.31 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 33.32 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 33.33 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 33.34 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 33.35 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 33.36 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 34.1 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 34.2 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 34.3 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 34.4 609.895; 617.246; or a gross misdemeanor or felony violation of 34.5 section 609.891 or 624.7181; or any violation of section 609.324. 34.6 (g) "Controlled substance" has the meaning given in section 34.7 152.01, subdivision 4. 34.8 Sec. 46. [TRANSITION.] 34.9 Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 34.10 The commissioner of the Bureau of Mediation Services shall 34.11 assign the job classifications and positions of employees 34.12 working as public safety radio communications operators to state 34.13 employee bargaining unit 17. 34.14 Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 34.15 and conditions of the collective bargaining agreement, memoranda 34.16 of understanding, or other salary and benefit provisions 34.17 covering public safety radio communications operators 34.18 immediately before the effective date of this section remain in 34.19 effect until a successor agreement between the commissioner of 34.20 employee relations and the exclusive representative of 34.21 bargaining unit 17 becomes effective, subject to Minnesota 34.22 Statutes, section 179A.20, subdivision 6. 34.23 Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee 34.24 organization that is the exclusive representative of employees 34.25 assigned to bargaining unit 17 on the day before the effective 34.26 date of this section must be certified by the commissioner of 34.27 the Bureau of Mediation Services as the exclusive representative 34.28 of newly created bargaining unit 17, subject to future changes 34.29 as provided in Minnesota Statutes, section 179A.12. For 34.30 employees assigned to bargaining unit 17, the exclusive 34.31 representative retains all rights and obligations under the 34.32 contract governing these employees immediately before the 34.33 effective date of this section, so long as that contract 34.34 continues to apply to those employees. 34.35 [EFFECTIVE DATE.] This section is effective July 1, 2004. 34.36 Sec. 47. [REPORT REQUIRED.] 35.1 The commissioner of transportation shall conduct 35.2 engineering and traffic investigations of speeds on trunk 35.3 highways and interstate freeways that (1) are part of the United 35.4 States highway numbering system, and (2) have a speed limit of 35.5 55 miles per hour in the case of trunk highways and 70 miles per 35.6 hour in the case of interstate freeways. After conducting the 35.7 engineering and traffic investigation on any such highway, the 35.8 commissioner shall designate a speed limit of 60 miles per hour 35.9 on trunk highways and 75 miles per hour on interstate freeways 35.10 if the commissioner determines on the basis of the investigation 35.11 that such a speed limit is reasonable, safe, and unlikely to 35.12 raise the medical costs associated with motor vehicle crashes. 35.13 The commissioner shall report by February 1, 2005, to the chairs 35.14 of the legislative committees having jurisdiction over 35.15 transportation policy and finance on each highway on which the 35.16 commissioner has conducted an engineering and traffic 35.17 investigation under this section, and in each case describe the 35.18 results of the investigation and the commissioner's ensuing 35.19 action. 35.20 [EFFECTIVE DATE.] This section is effective June 1, 2004. 35.21 Sec. 48. [NOT TO AFFECT BRIDGE POSTINGS.] 35.22 Nothing in sections 25 and 26 authorizes operation of any 35.23 vehicle on any bridge in violation of gross weight limitations 35.24 lawfully posted for that bridge. 35.25 Sec. 49. [NORTHSTAR COMMUTER COACH.] 35.26 The commissioner of transportation shall attempt to do 35.27 everything possible to extend the Northstar commuter coach 35.28 service for another year, including but not limited to possible 35.29 fare increases. 35.30 [EFFECTIVE DATE.] This section is effective July 1, 2004. 35.31 Sec. 50. [REPEALER.] 35.32 Minnesota Statutes 2002, section 169.685, subdivision 4, is 35.33 repealed. 35.34 [EFFECTIVE DATE.] This section is effective July 1, 2005, 35.35 and applies to actions commenced on or after that date. 35.36 ARTICLE 2 36.1 LAND MANAGEMENT 36.2 Section 1. Minnesota Statutes 2003 Supplement, section 36.3 13.44, subdivision 3, is amended to read: 36.4 Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a) 36.5 [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 36.6 appraised values of individual parcels of real property which 36.7 are made by personnel of the state, its agencies and 36.8 departments, or a political subdivision or by independent 36.9 appraisers acting for the state, its agencies and departments, 36.10 or a political subdivision for the purpose of selling or 36.11 acquiring land through purchase or condemnation are classified 36.12 as confidential data on individuals or protected nonpublic data. 36.13 (b) [PRIVATE OR NONPUBLIC DATA.] Appraised values of 36.14 individual parcels of real property which are made by appraisers 36.15 working for fee owners or contract purchasers who have received 36.16 an offer to purchase their property from the state, its agencies 36.17 and departments, or a political subdivision are classified as 36.18 private data on individuals or nonpublic data. 36.19 (c) [PUBLIC DATA.] The data made confidential or protected 36.20 nonpublic by the provisions of paragraph (a), or private or 36.21 nonpublic by the provisions of paragraph (b), shall become 36.22 public upon the occurrence of any of the following: 36.23 (1)the negotiating parties exchange appraisals;36.24(2)the data are submitted to a court appointed 36.25 condemnation commissioner; 36.26(3)(2) the data are presented in court in condemnation 36.27 proceedings; or 36.28(4)(3) the negotiating parties enter into an agreement for 36.29 the purchase and sale of the property; or36.30(5) the data are submitted to the owner under section36.31117.036. 36.32 [EFFECTIVE DATE.] This section is effective the day 36.33 following final enactment. 36.34 Sec. 2. Minnesota Statutes 2003 Supplement, section 36.35 117.036, is amended to read: 36.36 117.036 [APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE 37.1 TO ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.] 37.2 Subdivision 1. [APPLICATION.] This section applies to the 37.3 acquisition of property for public highways, streets, roads, 37.4 alleys, airports, mass transit facilities, or for other 37.5 transportation facilities or purposes. 37.6 Subd. 2. [APPRAISAL.] (a) Beforecommencing an eminent37.7domain proceeding under this chapteracquiring an interest in 37.8 real property, the acquiring authority must obtain at least one 37.9 appraisal for the property proposed to be acquired. In making 37.10 the appraisal, the appraiser must confer with one or more of the 37.11 fee owners or contract purchasers of the property, if reasonably 37.12 possible. Notwithstanding section 13.44 or any other law to the 37.13 contrary, the acquiring authority must provide the fee owner or 37.14 contract purchaser with a copy of the appraisal at least 20 days 37.15 before presenting a petition under section 117.055,the37.16acquiring authority must provide the owner with a copy of the37.17appraisaland inform theowner of the owner'sfee owner or 37.18 contract purchaser of the fee owner's or contract purchaser's 37.19 right to obtain an appraisal under this section. Upon request, 37.20 the acquiring authority must make available to the fee owner or 37.21 contract purchaser all appraisals of the property. 37.22 (b) The fee owner or contract purchaser may obtain an 37.23 appraisal by a qualified appraiser of the property proposed to 37.24 be acquired. The fee owner or contract purchaser is entitled to 37.25 reimbursement for the reasonable costs of the appraisal from the 37.26 acquiring authority up to a maximum of $1,500within 30 days37.27after the ownerif the fee owner or contract purchaser submits 37.28 to the acquiring authority the information necessary for 37.29 reimbursement, provided that the owner does so within 60 days37.30after the owner receives the appraisal from the authority under37.31paragraph (a). The acquiring authority must pay the 37.32 reimbursement to the fee owner or contract purchaser within 30 37.33 days after receiving a copy of the appraisal and the 37.34 reimbursement information. Upon agreement between the fee owner 37.35 or contract purchaser and the acquiring authority, the acquiring 37.36 authority may pay the reimbursement up to $1,500 directly to the 38.1 appraiser. 38.2 Subd. 3. [NEGOTIATION.] In addition to the appraisal 38.3 requirements under subdivision 2, before commencing an eminent 38.4 domain proceeding, the acquiring authority must make a good 38.5 faith attempt to negotiate personally with the fee owner or 38.6 contract purchaser of the property in order to acquire the 38.7 property by direct purchase instead of the use of eminent domain 38.8 proceedings. In making this negotiation, the acquiring 38.9 authority must consider the appraisals in its possession, 38.10 including any appraisal obtained and furnished by the fee owner 38.11 or contract purchaser if available, and other information that 38.12 may be relevant to a determination of damages under this chapter. 38.13 Subd. 4. [CONDEMNATION COMMISSIONER'S HEARING.] (a) 38.14 Notwithstanding section 13.44, an owner's appraisal may not be 38.15 used or considered in a condemnation commissioner's hearing, nor 38.16 may the owner's appraiser testify, unless a copy of the owner's 38.17 appraiser's written report is provided to the acquiring 38.18 authority at least five days before the hearing. 38.19 (b) Notwithstanding section 13.44, the acquiring 38.20 authority's appraisal may not be used or considered in a 38.21 condemnation commissioner's hearing, nor may the acquiring 38.22 authority's appraiser testify, unless a copy of the acquiring 38.23 authority's appraiser's written report is provided to the owner 38.24 or contract purchaser at least five days before the hearing. 38.25 Subd. 5. [INFORMATION TO BE PREPARED.] The commissioner of 38.26 transportation, in consultation with the attorney general and 38.27 one or more professional associations of real estate appraisers, 38.28 shall prepare a publication of not more than two pages that 38.29 describes the eminent domain process for transportation 38.30 projects, including the reasons for condemnation, the procedures 38.31 followed by condemnors, how property owners may influence the 38.32 condemnation process, and the rights of property owners affected 38.33 by condemnation. The commissioner shall make this publication 38.34 available to all persons on whose property the commissioner has 38.35 made an appraisal or to whom the commissioner has made an offer 38.36 to purchase. The commissioner may make the publication 39.1 available to other acquiring authorities and may charge a price 39.2 to recover the commissioner's costs. 39.3 [EFFECTIVE DATE.] This section is effective July 1, 2004. 39.4 Sec. 3. Minnesota Statutes 2002, section 117.075, is 39.5 amended to read: 39.6 117.075 [COURT TO APPOINT COMMISSIONERS.] 39.7 Subdivision 1. [HEARING ON NECESSITY, PURPOSE.] Upon proof 39.8 being filed of the service of such notice, the court, at the 39.9 time and place therein fixed or to which the hearing may be 39.10 adjourned, shall hear all competent evidence offered for or 39.11 against the granting of the petition, regulating the order of 39.12 proof as it may deem best. 39.13 Subd. 2. [EVIDENCE.] Except as provided in subdivision 3, 39.14 if the proposed taking shall appear to be necessary and such as 39.15 is authorized by law, the court by an order shall appoint three 39.16 disinterested commissioners, and at least two alternates, to 39.17 ascertain and report the amount of damages that will be 39.18 sustained by the several owners on account of such taking. 39.19 Subd. 3. [EVIDENCE; PROPERTY TAKEN FOR TRANSFER TO ENTITY 39.20 WITHOUT TAKING AUTHORITY.] (a) If all or a portion of the 39.21 property proposed to be taken may be sold, leased, licensed, 39.22 transferred, or otherwise conveyed to a person or entity without 39.23 the power of eminent domain, the court shall not authorize the 39.24 taking unless the petitioner proves by a preponderance of the 39.25 evidence that the taking is reasonably necessary, is authorized 39.26 by law, and is for a primarily public purpose. In the event 39.27 that the court determines that a taking is not reasonably 39.28 necessary, is not authorized by law, or is not for a public 39.29 purpose, the owner may recover from the petitioner reasonable 39.30 costs and expenses including attorney fees. 39.31 (b) This subdivision does not apply to the Metropolitan 39.32 Council Environmental Services Division, public service 39.33 corporations, public utilities, gas, electric, telephone or 39.34 cable communication companies, cooperative associations, natural 39.35 gas pipelines, and crude oil or petroleum products pipelines 39.36 that have the right of eminent domain under federal or Minnesota 40.1 law. This subdivision also does not apply to municipal 40.2 utilities, municipalities operating municipally owned utilities, 40.3 or municipal power agencies when the exercise of the powers of 40.4 eminent domain are for the acquisition of property to be used 40.5 exclusively for utility operations. 40.6 (c) This subdivision is effective August 1, 2004, and 40.7 applies to takings for which the acquiring authority obtained 40.8 its first appraisal on or after that date. 40.9 Subd. 4. [COMMISSIONER QUALIFICATIONS.] Before appointing 40.10 a commissioner, the court shall inquire whether each prospective 40.11 commissioner has any relationship, business or otherwise, to any 40.12 of the parties in the proceeding, or any interest in the 40.13 proceeding which may constitute a conflict of interest, or which 40.14 may create the appearance of impropriety should that person be 40.15 appointed. Responses to this inquiry must be either written or 40.16 on the record and made available by the court to any party in 40.17 the proceeding before and after appointment. No person who 40.18 might have difficulty in rendering an unbiased decision may be 40.19 appointed to serve. The court, in its discretion, may appoint 40.20 one registered, practicing attorney to the commission who is 40.21 knowledgeable in eminent domain matters. All other 40.22 commissioners appointed must be persons actively engaged in the 40.23 occupation of real estate sales or real estate appraising or 40.24 persons knowledgeable in real estate values. 40.25 Subd. 5. [FIRST MEETING; OATH.] The order shall fix the 40.26 time and place of the first meeting of the three commissioners 40.27 and prescribe their compensation. At the first meeting at the 40.28 office of the court administrator of district court the 40.29 appointees must be sworn by the court administrator or an 40.30 authorized deputy and shall take and sign the following oath 40.31 before assuming their duties as commissioners: 40.32 (TITLE OF PROCEEDING) 40.33 ................................. does swear under penalty 40.34 of perjury as follows: 40.35 I will faithfully and justly perform to the best of my 40.36 ability, all the duties of the office and trust which I now 41.1 assume as commissioner in the above entitled proceeding. I 41.2 further swear that, except as disclosed in writing or on 41.3 the record, I have no interest in any of the lands in the 41.4 above proceeding or any present or past relationship, 41.5 business or personal, with any of the parties to the above 41.6 proceeding or any other actual or potential conflict of 41.7 interest, and that I will render fair and impartial 41.8 decisions, so help me God. 41.9 Subd. 6. [COURT ORDER MAY LIMIT ACQUISITION.] The order 41.10 may, in the discretion of the court, limit the title or easement 41.11 to be acquired by the petitioner by defining the rights and 41.12 privileges which the owner of any of the lands may exercise 41.13 therein in subordination to the public uses to which it is 41.14 appropriated. 41.15 Subd. 7. [REPLACEMENT OF COMMISSIONER.] In case any 41.16 commissioner fails to act or fails to meet the qualifications 41.17 required by this section, the court without further notice may 41.18 appoint another in that commissioner's place. 41.19 Subd. 8. [APPLICATION TO BE A COMMISSIONER.] The court 41.20 administrator of court in each county shall post in the 41.21 courthouse in a prominent place a notice that a qualified person 41.22 may apply to have the person's name placed upon a list of 41.23 potential commission appointees for eminent domain proceedings. 41.24 The notice must contain the language of the oath which the 41.25 commissioners are required to take upon appointment and shall 41.26 list the other qualifications set forth in this section. The 41.27 court shall give due consideration to the names appearing on the 41.28 list, but is not bound to make appointments from the list. 41.29 [EFFECTIVE DATE.] This section is effective the day 41.30 following final enactment. 41.31 Sec. 4. Minnesota Statutes 2002, section 160.15, is 41.32 amended to read: 41.33 160.15 [PRESERVING SECTION OR QUARTER SECTION CORNERS.] 41.34 Subdivision 1. [PERMANENT MARKING OF CORNERS.] Whenever 41.35 the construction, reconstruction, or maintenance of a 41.36 public street or highway, including city streets,causes the 42.1 destruction or obliteration of a known section or quarter- 42.2 section cornermarkingmarker or monument,it shall be the duty42.3ofthe road authority having jurisdiction over the highway or 42.4 streettoshall provide for the permanent marking ofsuchthe 42.5 corners andtoplace reference or witness monuments so that the 42.6 corners can be readily located. 42.7 Subd. 2. [MANNER OF PLACEMENT.] The permanent marking of 42.8 the corners and establishment of reference or witness 42.9 monumentsshallmust be in the manner following: At the exact 42.10 location of the corner thereshallmust be placed a durable 42.11 stone, concrete, or metal markernot less than four inches in42.12diameter at the top and not less than 18 inches deep. In the42.13case of a paved highway there shall also be placed over the42.14marker and in the surface of the pavement a metallic plug not42.15less than one inch in diameter and two inches in depth., placed 42.16 so as not to be disturbed by routine maintenance activities. 42.17 For a paved highway, a supplemental marker must be placed over 42.18 the durable monument. The supplemental marker must be visible 42.19 at the road surface and set in a manner so as not to be 42.20 disturbed by routine snow plowing. When not practical or safe 42.21 to set a corner marker in a highway surface, a durable metal 42.22 marker may be set as a permanent witness monument on the section 42.23 line or quarter-section line. 42.24 Subd. 3. [TIME OF PLACEMENT; MONUMENT OF DURABLE 42.25 MATERIAL.] Reference or witness monuments evidencing the 42.26 location of the cornershallmust be established before the 42.27 obliteration of the corner in at least two places most 42.28 practicable and shall consist of a durable stone, concrete, or 42.29cast ironmetal marker. 42.30 Subd. 4. [FILING OF CERTIFICATE.] Theengineer orland 42.31 surveyor placing and establishing the markers or monuments shall 42.32 file a certificate to that effect in the office of the county 42.33 recorder, or in the office of the county surveyor where the 42.34 county maintains a full-time office, in the county or counties 42.35 wherein the markers or monuments were placed. Each 42.36 certificateshallmust contain only the record of markers and 43.1 monuments at one corner. The county recorder may charge a fee 43.2 of 50 cents for each certificate filed. 43.3 Subd. 5. [CONTENTS OF CERTIFICATE.] The certificatesshall43.4 must be on sheets of durable material, whichsheets shallmust 43.5 bein size8-1/2 by 11 inches with a margin at the left for 43.6 binding. The certificatesshallmust contain the following: 43.7(a)(1) identification of section,or quarter-section 43.8 corner.; 43.9(b)(2) description of monument removed.; 43.10(c)(3) description of replacement monument.; 43.11(d)(4) reference ties or witness monuments.; 43.12(e)(5) statements relating to physical and parol evidence 43.13 relating to history and authenticity of the corner monument.; 43.14(f)(6) date of remonumentation.; and 43.15(g)(7) certification by a registered land surveyoror43.16registered engineer. 43.17 Subd. 6. [COST OF PLACING MARKERS.] The cost of placing 43.18 the markers and monuments, including filing fees,shallmust be 43.19 paid out of the respective funds provided by law, or set aside 43.20 for highway or street purposes. 43.21 Sec. 5. Minnesota Statutes 2002, section 161.44, is 43.22 amended by adding a subdivision to read: 43.23 Subd. 9a. [APPROPRIATION.] Proceeds from the sale or lease 43.24 of real estate and buildings under this section and sections 43.25 161.141 and 161.23 must be paid into the trunk highway fund and 43.26 are appropriated to the commissioner for paying (1) for the 43.27 actual cost of selling or leasing the real estate or buildings, 43.28 (2) for the fees required to be paid under this section and 43.29 section 161.23, and (3) for the actual cost of construction, 43.30 reconstruction, or improvement of trunk highways, including (i) 43.31 consultant usage to support these activities, (ii) payments to 43.32 landowners for lands acquired for highway rights-of-way, (iii) 43.33 payments to lessees, (iv) interest subsidies, and (v) relocation 43.34 expenses. Proceeds are available until expended. 43.35 Sec. 6. Minnesota Statutes 2002, section 161.442, is 43.36 amended to read: 44.1 161.442 [RECONVEYANCE TO FORMER OWNER.] 44.2 Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 44.3 161.44, or any other statute, the commissioner of 44.4 transportation, with the consent of the owner, or for good cause 44.5 and with the consent of the court, may transfer, sell, or convey 44.6 real property including fixtures, and interests in real property 44.7 including easements, to the owner from whom the property was 44.8 acquired by the state for trunk highway purposes through a 44.9 pending eminent domain action. The transfer of title may be by 44.10 stipulation, partial dismissal, bill of sale, or conveyance. 44.11 Any resulting change in the state's acquisition must be 44.12 explained in the final certificate for that action. This 44.13 provision does not confer on a landowner the right to compel a 44.14 reconveyance without the consent of the commissioner. 44.15 [EFFECTIVE DATE.] This section is effective the day 44.16 following final enactment. 44.17 Sec. 7. Minnesota Statutes 2002, section 515B.1-107, is 44.18 amended to read: 44.19 515B.1-107 [EMINENT DOMAIN.] 44.20 (a) If a unit is acquired by eminent domain, or if part of 44.21 a unit is acquired by eminent domain leaving the unit owner with 44.22 a remnant which may not practically or lawfully be used for any 44.23 material purpose permitted by the declaration, the award shall 44.24 compensate the unit owner and secured party in the unit as their 44.25 interests may appear, whether or not any common element interest 44.26 is acquired. Upon acquisition, unless the order or final 44.27 certificate otherwise provides, that unit's allocated interests 44.28 are automatically reallocated among the remaining units in 44.29 proportion to their respective allocated interests prior to the 44.30 taking, and the association shall promptly prepare, execute, and 44.31 record an amendment to the declaration reflecting the 44.32 allocations. Any remnant of a unit remaining after part of a 44.33 unit is taken under this subsection is thereafter a common 44.34 element. 44.35 (b) Except as provided in subsection (a), if part of a unit 44.36 is acquired by eminent domain, the award shall compensate the 45.1 unit owner and secured party for the reduction in value of the 45.2 unit and its interest in the common elements, whether or not any 45.3 common elements are acquired. Upon acquisition, unless the 45.4 order or final certificate otherwise provides, (i) that unit's 45.5 allocated interests are reduced in proportion to the reduction 45.6 in the size of the unit, or on any other basis specified in the 45.7 declaration and (ii) the portion of the allocated interests 45.8 divested from the partially acquired unit are automatically 45.9 reallocated to that unit and to the remaining units in 45.10 proportion to the respective allocated interests of those units 45.11 before the taking, with the partially acquired unit 45.12 participating in the reallocation on the basis of its reduced 45.13 allocated interests. 45.14 (c) If part of the common elements is acquired by eminent 45.15 domain, the association shall accept service of process on 45.16 behalf of all unit owners and the portion of the award 45.17 attributable to the common elements taken shall be paid to the 45.18 association. Unless the declaration provides otherwise, any 45.19 portion of the award attributable to the acquisition of a 45.20 limited common element shall be equally divided among the owners 45.21 of the units to which that limited common element was allocated 45.22 at the time of acquisition and their secured parties, as their 45.23 interests may appear or as provided by the declaration. 45.24 (d) In any eminent domain proceeding the units shall be 45.25 treated as separate parcels of real estate for valuation 45.26 purposes, regardless of the number of units subject to the 45.27 proceeding. 45.28 (e) Any distribution to a unit owner from the proceeds of 45.29 an eminent domain award shall be subject to any limitations 45.30 imposed by the declaration or bylaws. 45.31 (f) The court order or final certificate containing the 45.32 final awards shall be recorded in every county in which any 45.33 portion of the common interest community is located. 45.34 Sec. 8. Minnesota Statutes 2002, section 515B.3-102, is 45.35 amended to read: 45.36 515B.3-102 [POWERS OF UNIT OWNERS' ASSOCIATION.] 46.1 (a) Except as provided in subsection (b), and subject to 46.2 the provisions of the declaration or bylaws, the association 46.3 shall have the power to: 46.4 (1) adopt, amend and revoke rules and regulations not 46.5 inconsistent with the articles of incorporation, bylaws and 46.6 declaration, as follows: (i) regulating the use of the common 46.7 elements; (ii) regulating the use of the units, and conduct of 46.8 unit occupants, which may jeopardize the health, safety or 46.9 welfare of other occupants, which involves noise or other 46.10 disturbing activity, or which may damage the common elements or 46.11 other units; (iii) regulating or prohibiting animals; (iv) 46.12 regulating changes in the appearance of the common elements and 46.13 conduct which may damage the common interest community; (v) 46.14 regulating the exterior appearance of the common interest 46.15 community, including, for example, balconies and patios, window 46.16 treatments, and signs and other displays, regardless of whether 46.17 inside a unit; (vi) implementing the articles of incorporation, 46.18 declaration and bylaws, and exercising the powers granted by 46.19 this section; and (vii) otherwise facilitating the operation of 46.20 the common interest community; 46.21 (2) adopt and amend budgets for revenues, expenditures and 46.22 reserves, and levy and collect assessments for common expenses 46.23 from unit owners; 46.24 (3) hire and discharge managing agents and other employees, 46.25 agents, and independent contractors; 46.26 (4) institute, defend, or intervene in litigation or 46.27 administrative proceedings (i) in its own name on behalf of 46.28 itself or two or more unit owners on matters affecting the 46.29 common elements or other matters affecting the common interest 46.30 community or, (ii) with the consent of the owners of the 46.31 affected units on matters affecting only those units; 46.32 (5) make contracts and incur liabilities; 46.33 (6) regulate the use, maintenance, repair, replacement and 46.34 modification of the common elements and the units; 46.35 (7) cause improvements to be made as a part of the common 46.36 elements, and, in the case of a cooperative, the units; 47.1 (8) acquire, hold, encumber, and convey in its own name any 47.2 right, title, or interest to real estate or personal property, 47.3 but (i) common elements in a condominium or planned community 47.4 may be conveyed or subjected to a security interest only 47.5 pursuant to section 515B.3-112, or (ii) part of a cooperative 47.6 may be conveyed, or all or part of a cooperative may be 47.7 subjected to a security interest, only pursuant to section 47.8 515B.3-112; 47.9 (9) grant public utility and transportation easements 47.10 through, over or under the common elements, and, subject to 47.11 approval by resolution of unit owners other than declarant or 47.12 its affiliates at a meeting duly called, grant other public or 47.13 private easements, leases and licenses through, over or under 47.14 the common elements; 47.15 (10) impose and receive any payments, fees, or charges for 47.16 the use, rental, or operation of the common elements, other than 47.17 limited common elements, and for services provided to unit 47.18 owners; 47.19 (11) impose charges for late payment of assessments and, 47.20 after notice and an opportunity to be heard, levy reasonable 47.21 fines for violations of the declaration, bylaws, and rules and 47.22 regulations of the association; 47.23 (12) impose reasonable charges for the review, preparation 47.24 and recordation of amendments to the declaration, resale 47.25 certificates required by section 515B.4-107, statements of 47.26 unpaid assessments, or furnishing copies of association records; 47.27 (13) provide for the indemnification of its officers and 47.28 directors, and maintain directors' and officers' liability 47.29 insurance; 47.30 (14) provide for reasonable procedures governing the 47.31 conduct of meetings and election of directors; 47.32 (15) exercise any other powers conferred by law, or by the 47.33 declaration, articles of incorporation or bylaws; and 47.34 (16) exercise any other powers necessary and proper for the 47.35 governance and operation of the association. 47.36 (b) Notwithstanding subsection (a) the declaration or 48.1 bylaws may not impose limitations on the power of the 48.2 association to deal with the declarant which are more 48.3 restrictive than the limitations imposed on the power of the 48.4 association to deal with other persons. 48.5 Sec. 9. Minnesota Statutes 2002, section 515B.3-112, is 48.6 amended to read: 48.7 515B.3-112 [CONVEYANCE OR ENCUMBRANCE OF COMMON ELEMENTS.] 48.8 (a) In a condominium or planned community, unless the 48.9 declaration provides otherwise, portions of the common elements 48.10 may be conveyed or subjected to a security interest by the 48.11 association if persons entitled to cast at least 67 percent of 48.12 the votes in the association, including 67 percent of the votes 48.13 allocated to units not owned by a declarant, or any larger 48.14 percentage the declaration specifies, approve that action in 48.15 writing or at a meeting; but all unit owners of units to which 48.16 any limited common element is allocated must agree in order to 48.17 convey that limited common element or subject it to a security 48.18 interest. The declaration may specify a smaller percentage only 48.19 if all of the units are restricted to nonresidential use. 48.20 (b) In a cooperative, unless the declaration provides 48.21 otherwise, part of a cooperative may be conveyed, or all or a 48.22 part subjected to a security interest, by the association if 48.23 persons entitled to cast at least 67 percent of the votes in the 48.24 association, including 67 percent of the votes allocated to 48.25 units in which the declarant has no interest, or any larger 48.26 percentage the declaration specifies, approves that action in 48.27 writing or at a meeting. If fewer than all of the units or 48.28 limited common elements are to be conveyed or subjected to a 48.29 security interest, then all unit owners of those units, or the 48.30 units to which those limited common elements are allocated, must 48.31 agree in order to convey those units or limited common elements 48.32 or subject them to a security interest. The declaration may 48.33 specify a smaller percentage only if all of the units are 48.34 restricted to nonresidential use. Any purported conveyance or 48.35 other voluntary transfer of an entire cooperative is void, 48.36 unless made pursuant to section 515B.2-119. 49.1 (c) The association, on behalf of the unit owners, may 49.2 contract to convey or encumber an interest in the common 49.3 elements of a common interest community pursuant to this 49.4 subsection, subject to the required approval. After the 49.5 approval has been obtained, the association shall have a power 49.6 of attorney coupled with an interest to effect the conveyance or 49.7 encumbrance on behalf of all unit owners in the common interest 49.8 community, including the power to execute deeds, mortgages, or 49.9 other instruments of conveyance or security. The instrument 49.10 conveying or creating the interest in the common interest 49.11 community shall be recorded and shall include as exhibits (i) an 49.12 affidavit of the secretary of the association certifying that 49.13 the approval required by this section has been obtained and (ii) 49.14 a schedule of the names of all unit owners and units in the 49.15 common interest community as of the date of the approval. 49.16 (d) Except as provided in section 515B.3-102(a)(9), unless 49.17 made pursuant to this section, any purported conveyance, 49.18 encumbrance, or other voluntary transfer of common elements, or 49.19 of any part of a cooperative, is void. 49.20 (e) In the case of a conveyance involving a condominium, or 49.21 a cooperative in which the unit owners' interests are 49.22 characterized as real estate, the association shall record, 49.23 simultaneously with the recording of the instrument of 49.24 conveyance, an amended CIC plat showing the real estate 49.25 constituting the common interest community exclusive of the real 49.26 estate conveyed. In all common interest communities, upon 49.27 recording of the instrument of conveyance, the declaration, and 49.28 all rights and obligations arising therefrom, shall be deemed 49.29 released and terminated as to the real estate 49.30 conveyed. Conveyances to the state or a political subdivision 49.31 for transportation purposes are exempt from the requirements of 49.32 this subsection. 49.33 (f) A conveyance or encumbrance of common elements, or of a 49.34 cooperative, pursuant to this section shall not deprive any unit 49.35 of its rights of support, reasonable access or utility services. 49.36 (g) Except as provided in subsection (a), or unless the 50.1 declaration otherwise provides, a conveyance or encumbrance of 50.2 common elements pursuant to this section does not affect the 50.3 priority or validity of preexisting encumbrances. 50.4 (h) Any proceeds of the conveyance or creation of a 50.5 security interest under this section are an asset of the 50.6 association. 50.7 (i) This section shall not apply to any conveyance or 50.8 encumbrance of any interest in a proprietary lease. 50.9 Sec. 10. [CONVEYANCE OF EXCESS AND SURPLUS PROPERTY; 50.10 REPORT.] 50.11 On or before January 30, 2005, the commissioner of 50.12 transportation shall report to the house of representatives and 50.13 senate committees with jurisdiction over transportation policy 50.14 and finance concerning conveyance of excess real estate and 50.15 surplus property. The report must include: 50.16 (1) current timelines for conveyance and reconveyance of 50.17 excess and surplus property; 50.18 (2) a description of the department's administration and 50.19 performance of these activities, including level of staffing; 50.20 (3) recommendations for streamlining and expediting the 50.21 sale or reconveyance of excess and surplus property; and 50.22 (4) identification of statutory changes necessary to 50.23 implement a streamlined process. 50.24 Sec. 11. [REPEALER.] 50.25 Subdivision 1. [RECEIPTS PAID INTO TRUNK HIGHWAY 50.26 FUND.] Minnesota Statutes 2002, section 161.44, subdivision 9, 50.27 is repealed. 50.28 Subd. 2. [LEGISLATIVE ROUTE NO. 268 REMOVED.] (a) 50.29 Minnesota Statutes 2002, section 161.115, subdivision 199, is 50.30 repealed on the effective date in the notice of transfer issued 50.31 by the commissioner of transportation transferring jurisdiction 50.32 of Legislative Route No. 268 to Pipestone County. 50.33 (b) The revisor of statutes shall delete the route 50.34 identified in paragraph (a) from Minnesota Statutes when the 50.35 commissioner of transportation sends notice to the revisor in 50.36 writing informing the revisor of the effective date and that the 51.1 conditions required to transfer the route are satisfied. 51.2 ARTICLE 3 51.3 HIGHWAY SAFETY REST AREAS 51.4 Section 1. Minnesota Statutes 2002, section 160.08, 51.5 subdivision 7, is amended to read: 51.6 Subd. 7. [NO COMMERCIAL ESTABLISHMENT WITHIN 51.7 RIGHT-OF-WAY.] No commercial establishment, including but not 51.8 limited to automotive service stations, for serving motor 51.9 vehicle users shall be constructed or located within the 51.10 right-of-way of, or on publicly owned or publicly leased land 51.11 acquired or used for or in connection with, a controlled access 51.12 highway; except that (1) structures may be built within safety 51.13 rest andtouristtravel information center areas; (2) space 51.14 within state-owned buildings in those areas may be leased for 51.15 the purpose of providing information to travelers 51.16 throughcommercial and public serviceadvertisingunder51.17franchise agreementsas provided insectionssection 160.276to51.18160.278; (3) advertising signs may be erected within the 51.19 right-of-way of interstate or controlled-access trunk highways 51.20 by franchise agreements under section 160.80;and(4) vending 51.21 machines may be placed in rest areas,touristtravel information 51.22 centers, or weigh stations constructed or located within trunk 51.23 highway rights-of-way; and (5) acknowledgment signs may be 51.24 erected under sections 160.272 and 160.2735. 51.25 Sec. 2. [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 51.26 CENTER LEASES.] 51.27 Subdivision 1. [LEASE AGREEMENTS.] (a) Except as provided 51.28 in subdivision 3, and notwithstanding any other law to the 51.29 contrary, the commissioner may enter into lease agreements 51.30 through negotiations with public or not-for-profit entities or 51.31 through best value, as defined in section 16C.02, subdivision 4, 51.32 with private entities relating to the use of safety rest areas 51.33 and travel information centers. 51.34 For purposes of this section, "private entity" means a 51.35 chamber of commerce, a tourist and visitors bureau, or other 51.36 organization that exists to promote tourism and economic 52.1 development. 52.2 (b) A lease under this subdivision may: 52.3 (1) with the approval of the commissioner of 52.4 administration, prescribe a lease term length of up to 20 years, 52.5 with options for renewal; 52.6 (2) allow the lessee to operate a safety rest area facility 52.7 in whole or in part; 52.8 (3) allow the lessee to offer for sale products or services 52.9 under section 160.2725; and 52.10 (4) allow the lessee to add leasehold improvements to the 52.11 site after approval by the commissioner. 52.12 (c) A lease agreement for a safety rest area is subject to 52.13 section 160.28, subdivision 2, regarding vending at safety rest 52.14 areas. 52.15 (d) A lease agreement must include terms that promote and 52.16 encourage the employment of needy elderly persons according to 52.17 section 160.282. 52.18 (e) The commissioner may publicly acknowledge the lessee 52.19 and may erect signs adjacent to the main travel lanes of a 52.20 highway acknowledging the lessee. Acknowledgement on the 52.21 mainline may consist of placement of up to one sign for each 52.22 direction of traffic served. The placement of signs shall only 52.23 be allowed (1) as approved through the Manual on Uniform Traffic 52.24 Control Devices process for experimentation, (2) in accordance 52.25 with federal standards and policies, and (3) so that no sign 52.26 exceeds 100 square feet. No more than three acknowledgment 52.27 signs or displays may be placed at any one rest area, in 52.28 addition to the mainline signs. 52.29 Subd. 2. [REVENUES DEPOSITED.] The commissioner shall 52.30 deposit revenues from leases authorized under this section into 52.31 the safety rest area account established in section 160.2745. 52.32 Subd. 3. [APPLICATION TO OTHER LAW.] Nothing in this 52.33 section affects existing contracts under section 248.07 or their 52.34 renewal. 52.35 Sec. 3. [160.2725] [SALES AT SAFETY REST AREAS.] 52.36 Subdivision 1. [SALES AUTHORIZED.] Notwithstanding section 53.1 160.08, the commissioner may sell travel and tourism-related 53.2 publications and maps and travel and tourism-related merchandise 53.3 and services. The commissioner may rent or sell items for the 53.4 convenience of persons using safety rest areas, including 53.5 lottery tickets, local attraction tickets, and permits and 53.6 licenses issued by units of government. Notwithstanding section 53.7 16A.1285, the commissioner of transportation may collect a 53.8 service fee for the sale of lottery tickets, local attraction 53.9 tickets, and permits and licenses. 53.10 Merchandise that competes with vending machine sales 53.11 authorized under section 160.28, subdivision 2, is subject to 53.12 the provisions of subdivision 5. 53.13 Subd. 2. [ADVERTISING.] The commissioner may advertise the 53.14 availability of a program or item offered under this section. 53.15 Subd. 3. [SOFTWARE SALES.] Notwithstanding section 16B.405 53.16 or 160.08, the commissioner may sell or license intellectual 53.17 property and software products or services developed by a 53.18 government unit or custom-developed by a vendor for a government 53.19 unit. 53.20 Subd. 4. [REVENUES DEPOSITED.] Money received by the 53.21 commissioner under this section must be deposited in the safety 53.22 rest area account established in section 160.2745. 53.23 Subd. 5. [COMPETING MERCHANDISE.] The commissioner and the 53.24 designated state licensing agency authorized under United States 53.25 Code, title 20, sections 107 to 107e, shall enter into an 53.26 interagency agreement before rest areas are leased or before 53.27 nonvending machine sales occur at rest areas. The interagency 53.28 agreement must identify what constitutes competing merchandise 53.29 and establish policies and procedures related to the sale of 53.30 competing merchandise at rest areas. 53.31 Sec. 4. [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 53.32 Subdivision 1. [SPONSORSHIP PROGRAM.] The commissioner may 53.33 enter into agreements for public or private sponsorship of 53.34 highway safety rest areas by transportation and tourism-related 53.35 entities. The commissioner may publicly acknowledge sponsors 53.36 and may erect signs adjacent to the main travel lanes of a 54.1 highway acknowledging the sponsors. Acknowledgement on the 54.2 mainline may consist of placement of up to one sign for each 54.3 direction of traffic served. The placement of signs shall only 54.4 be allowed (1) as approved through the Manual on Uniform Traffic 54.5 Control Devices process for experimentation, (2) in accordance 54.6 with federal standards and policies, and (3) so that no sign 54.7 exceeds 100 square feet. No more than three acknowledgment 54.8 signs or displays may be placed at any one rest area, in 54.9 addition to the mainline signs. 54.10 Subd. 2. [REVENUE.] The commissioner shall deposit revenue 54.11 from the sponsorship program to the safety rest area account 54.12 established in section 160.2745. 54.13 Subd. 3. [PROHIBITION.] The commissioner shall take no 54.14 action under this section that would result in the loss of 54.15 federal highway funds or require the payment of highway funds to 54.16 the federal government. 54.17 Sec. 5. [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 54.18 Subdivision 1. [RECONVEYANCE OF LAND.] The commissioner 54.19 may reconvey land no longer needed for safety rest area 54.20 purposes, subject to section 161.44. 54.21 Subd. 2. [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 54.22 from the sale of real estate and buildings under this section 54.23 must be paid into the safety rest area account established in 54.24 section 160.2745 and are appropriated to the commissioner (1) 54.25 for the actual cost of selling the real estate or buildings, (2) 54.26 for the fees required to be paid under sections 161.23 and 54.27 161.44, and (3) as provided in section 160.2745. 54.28 Subd. 3. [PROHIBITION.] The commissioner shall take no 54.29 action under this section that would result in the loss of 54.30 federal highway funds or require the payment of highway funds to 54.31 the federal government. 54.32 Sec. 6. [160.2745] [SAFETY REST AREA ACCOUNT.] 54.33 Subdivision 1. [ACCOUNT ESTABLISHED.] A safety rest area 54.34 account is established in the trunk highway fund. Funds in the 54.35 account are available until expended. 54.36 Subd. 2. [DEPOSITS.] The commissioner shall deposit in the 55.1 safety rest area account revenue received from leasing or 55.2 sponsoring safety rest areas, advertising at safety rest areas, 55.3 selling safety rest area property and lands, and other revenue 55.4 generated with respect to safety rest areas. 55.5 Subd. 3. [EXPENDITURES.] Money in the account is 55.6 appropriated to the commissioner. The commissioner may spend 55.7 proceeds of the account for safety rest areas, including program 55.8 administration, maintenance and operations, development and 55.9 improvements, and services to customers. 55.10 Sec. 7. Minnesota Statutes 2002, section 160.276, is 55.11 amended to read: 55.12 160.276 [TRAVEL INFORMATIONFRANCHISEADVERTISING PROGRAM.] 55.13 Subdivision 1. [ESTABLISHEDLEASING ADVERTISING SPACE.] 55.14 The commissioner of transportationshall establish a franchise55.15program tomay lease advertising space withintouristtravel 55.16 information centers and safety rest areas for the purpose of 55.17 providing information to travelers through travel-related 55.18 commercial and public service advertising. 55.19Subd. 2. [INITIAL PHASE.] The program may, in its initial55.20phase, utilize space within existing publicly owned buildings55.21and shelters in safety rest areas and tourist information55.22centers. This phase shall be operational by May 1, 1981.55.23Franchises for this phase shall be ready to let by January 1,55.241981.55.25 Subd. 3. [INFORMATION FACILITIES.] Theprogram55.26 commissioner mayalso include franchises for the construction,55.27operation and maintenance ofcontract to permit a vendor to 55.28 construct, operate, and maintain additional information 55.29 structures by and at the expense of thefranchiseevendor on 55.30 state-owned lands within safety rest areas ortouristtravel 55.31 information center areas. All structures constructed by 55.32 thefranchisee shallvendor must meet or exceed specifications 55.33 prescribed by the commissioner of transportation andshallmust 55.34 satisfy the requirements of the State Building Code for 55.35 accessibility by the physically handicapped. The vendor shall 55.36 design all structuresshall be designedto enhancetheirthe 56.1 site andshall be aesthetically compatiblesurroundings in a 56.2 manner harmonious with the natural environment as determined by 56.3 the commissioner. 56.4 Subd. 4. [SITES; ADVERTISING.] The commissioner shall 56.5 determine the sites to be included in this program and shall 56.6 also determineif the advertising display at each site is to be56.7inside or outside of any buildings or sheltersthe extent and 56.8 location of space available for advertising in each facility. 56.9 Subd. 5. [OFFICE OF TOURISM.] The commissioner shall 56.10 provide space free of charge to the Office of Tourism for travel 56.11 information centers. The commissioner shall not charge the 56.12 Office of Tourism for any regular expenses associated with the 56.13 operation of the travel information centers. The commissioner 56.14 shall provide highway maps free of charge for use and 56.15 distribution through the travel information centers. 56.16 Sec. 8. Minnesota Statutes 2002, section 160.277, is 56.17 amended to read: 56.18 160.277 [COMMISSIONER TOGRANT FRANCHISESMAKE AGREEMENTS.] 56.19 Subdivision 1. [PROCEDURE; AGREEMENT.] The commissioner of 56.20 transportation, by public negotiation or bid, shallgrant56.21franchisesenter into agreements for the purposes of section 56.22 160.276.Each franchise agreement shall include the safety rest56.23areas and tourist information centers in a geographical area56.24comprising approximately one-quarter of the land area of the56.25state. The franchise agreement shall insure that the franchisee56.26provide services throughout the area in as many tourist56.27information centers and safety rest areas as are reasonably56.28necessary for the convenience of travelers.56.29 Subd. 2. [INSURANCE.] The commissionerof transportation56.30 shall require thefranchiseevendor to obtain liability 56.31 insurance in an amount prescribed by the commissioner jointly 56.32 insuring the state and thefranchiseevendor against any and all 56.33 liability for claims for damage occurring wholly or partly 56.34 because of the existence of thefranchisevendor contract. 56.35 Subd. 3. [REVENUE.] Thefranchiseagreement may provide 56.36 that the vendor pay apercentageportion of the gross revenues 57.1 derived from advertisingshall. These revenues must be paid to 57.2 the state for deposit in thetrunk highway fundsafety rest area 57.3 account established in section 160.2745. The commissioner of 57.4 transportation and director of the Office of Tourism may enter 57.5 into an interagency agreement to define the distribution of the 57.6 revenues generated in this section. 57.7 Sec. 9. Minnesota Statutes 2002, section 160.278, is 57.8 amended to read: 57.9 160.278 [ADDITIONALFRANCHISEVENDOR PROVISIONS.] 57.10 Subdivision 1. [AGREEMENT REQUIREMENTS.] Eachfranchise57.11 vendor agreementshallmust contain the following provisions: 57.12(a)(1) that thefranchiseevendor shall comply with Code 57.13 of Federal Regulations, title 23, section252752 and subsequent 57.14 revisions pertaining to privately operated information systems; 57.15(b)(2) that at least 40 percent of the commercial 57.16 advertising spaceshallmust be offered initially for a 57.17 reasonable period of time to local advertisers who provide 57.18 services for travelers within a 60-mile radius of the safety 57.19 rest area ortouristtravel information center; 57.20(c)(3) that thefranchiseesvendor shall make appropriate 57.21 marketing efforts in an attempt to lease at least 40 percent of 57.22 the commercial advertising space to local advertisers;and57.23(d)(4) reasonable performance standards, and maintenance 57.24 standards for structures constructed by thefranchisee.vendor; 57.25 and 57.26Subd. 2. [ADVERTISING SPACE LIMITATIONS.] The franchise57.27agreement shall impose(5) limitations on advertising space 57.28 within state-owned buildings or on state-owned property in 57.29 safety rest areas andtouristtravel information centers. 57.30 Subd.3.2. [REASONABLE TERMS AND CONDITIONS.] The 57.31 commissioner of transportation may require additional reasonable 57.32 terms and conditions to be included in thefranchisevendor 57.33 agreement, including but not limited to,provisions governing 57.34 the renewal and termination of the agreement,and, in the event 57.35 of termination, the rights of the state and thefranchisee57.36 vendor in advertising contracts and in buildings constructed by 58.1 thefranchiseevendor. 58.2 Sec. 10. Minnesota Statutes 2002, section 160.28, is 58.3 amended to read: 58.4 160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 58.5 Subdivision 1. [SAFETY REST AREAS;TOURISTTRAVEL 58.6 INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 58.7 contrary notwithstanding, the commissioner of transportationis58.8hereby authorized to cause to be preparedmay have plansand, 58.9 specifications, and detailed designs prepared for the 58.10 construction of buildings and facilities for highway safety rest 58.11 areas,touristtravel information centers in combination with 58.12 rest areas, and weigh stations when the commissioner deems these 58.13 buildings and facilities to be necessary in the interest of 58.14 safety and convenient public travel on highways. 58.15 Subd. 2. [VENDING MACHINES.] Any other law to the contrary 58.16 notwithstanding, the commissioner may contract for or authorize 58.17 the placement of vending machines dispensing food, nonalcoholic 58.18 beverages,ormilk, or other items the commissioner deems 58.19 appropriate and desirable in highway safety rest areas,tourist58.20 travel information centers, and weigh stations on marked 58.21 interstate highways and primary trunk highways. The 58.22 commissioner shall only place vending machines operated under 58.23 United States Code, title 20, sections 107 to 107e and as 58.24 provided in section 248.07. 58.25 Sec. 11. Minnesota Statutes 2002, section 161.23, 58.26 subdivision 3, is amended to read: 58.27 Subd. 3. [LEASING.] The commissioner may lease for the 58.28 term between the acquisition and sale thereof and for a fair 58.29 rental rate and upon such terms and conditions as the 58.30 commissioner deems proper, any excess real estate acquired under 58.31 this section, and any real estate acquired in fee for trunk 58.32 highway purposes and not presently needed for those purposes. 58.33 All rents received from the leases must be paid into the state 58.34 treasury. Seventy percent of the rents must be credited to the 58.35 trunk highway fund. The remaining 30 percent must be paid to 58.36 the county treasurer where the real estate is located, and 59.1 distributed in the same manner as real estate taxes. This 59.2 subdivision does not apply to real estate leased for the purpose 59.3 of providing commercial and public service advertising pursuant 59.4 tofranchiseagreements as provided in sections160.276160.272 59.5 to 160.278 or to fees collected under section 174.70, 59.6 subdivision 2. 59.7 Sec. 12. Minnesota Statutes 2002, section 161.433, 59.8 subdivision 2, is amended to read: 59.9 Subd. 2. [CONSIDERATION FOR USE.] The consideration paid 59.10 for the use of airspace or subsurface areas shall be determined 59.11 by the commissioner, but in no event shall it be less than a 59.12 fair rental rate, and shall include costs for the erection and 59.13 maintenance of any facilities or other costs occasioned by that 59.14 use. All moneys received shall be paid into the trunk highway 59.15 fund. This subdivision does not apply to real estate leased for 59.16 the purpose of providing commercial and public service 59.17 advertising pursuant tofranchiseagreements as provided in 59.18 sections160.276160.272 to 160.278. 59.19 Sec. 13. Minnesota Statutes 2002, section 161.434, is 59.20 amended to read: 59.21 161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 59.22 LIMITED USE.] 59.23 The commissioner may also make such arrangements and 59.24 agreements as the commissioner deems necessary in the public 59.25 interest for the limited use of land owned as interstate or 59.26 trunk highway right-of-way, which use shall be for highway 59.27 purposes, including aesthetic purposes, but not including the 59.28 erection of permanent buildings, except buildings or structures 59.29 erected for the purpose of providing information to travelers 59.30 through commercial and public service advertising pursuant to 59.31franchiseagreements as provided in sections160.276160.272 to 59.32 160.278. The commissioner shall secure the approval of the 59.33 appropriate federal agency where such approval is required. 59.34 Sec. 14. [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 59.35 AREAS.] 59.36 Until July 1, 2005, the commissioner of transportation may 60.1 not close any trunk highway or interstate highway safety rest 60.2 area that was open on January 1, 2004, or substantially reduce 60.3 the hours of operation of such a rest area below the hours of 60.4 operation in effect on January 1, 2004. 60.5 [EFFECTIVE DATE.] This section is effective the day 60.6 following final enactment. 60.7 Sec. 15. [INSTRUCTION TO REVISOR.] 60.8 The revisor of statutes shall renumber each section or 60.9 subdivision of Minnesota Statutes listed in column A with the 60.10 number listed in column B. The revisor shall also make 60.11 necessary cross-reference changes consistent with the 60.12 renumbering. 60.13 Column A Column B 60.14 160.27, subdivision 5 160.2715 60.15 160.277, subdivision 1 160.276, subdivision 2a 60.16 160.277, subdivision 2 160.276, subdivision 3a 60.17 160.277, subdivision 3 160.276, subdivision 8 60.18 160.278, subdivision 1 160.276, subdivision 6 60.19 160.278, subdivision 3 160.276, subdivision 7 60.20 160.28, subdivision 2 160.273