SF 2335

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; modifying appropriations; 
  1.3             modifying provisions relating to real property, motor 
  1.4             vehicles, streets and highways and highway funding, 
  1.5             traffic regulations, motor carriers, drivers' licenses 
  1.6             and identification cards, public transit crimes, 
  1.7             airports and aviation, and highway rest areas; 
  1.8             allocating proceeds of various fees and fines; 
  1.9             authorizing certain capital improvement projects; 
  1.10            authorizing issuance of trunk highway bonds; requiring 
  1.11            reports; making technical and clarifying changes; 
  1.12            imposing penalties; appropriating money; amending 
  1.13            Minnesota Statutes 2002, sections 65B.28, subdivision 
  1.14            2; 84.87, subdivision 1; 160.02, by adding 
  1.15            subdivisions; 160.08, subdivision 7; 160.276; 160.277; 
  1.16            160.278; 160.28; 160.84, subdivision 9; 160.85, 
  1.17            subdivisions 1, 3, 3a, 5; 160.86; 160.88; 161.162, 
  1.18            subdivision 2; 161.163, subdivision 1; 161.164, 
  1.19            subdivision 2; 161.165, subdivisions 2, 3, 4; 161.166, 
  1.20            subdivisions 2, 3; 161.23, subdivision 3; 161.433, 
  1.21            subdivision 2; 161.434; 162.021, subdivision 5; 
  1.22            164.08, subdivision 2; 168.187, by adding a 
  1.23            subdivision; 168.33, subdivision 9; 168A.11, 
  1.24            subdivision 1; 169.01, by adding subdivisions; 169.06, 
  1.25            by adding a subdivision; 169.13, by adding a 
  1.26            subdivision; 169.14, subdivisions 2, 3, 4, by adding 
  1.27            subdivisions; 169.18, subdivisions 7, 10; 169.448, by 
  1.28            adding a subdivision; 169.685, subdivisions 5, 6, 7; 
  1.29            169.686, subdivisions 1, 3; 169.81, by adding a 
  1.30            subdivision; 169.87, subdivisions 5, 6; 169A.55, by 
  1.31            adding a subdivision; 171.02, subdivision 2; 171.05, 
  1.32            subdivisions 1, 2, 2b, by adding a subdivision; 
  1.33            171.055, subdivisions 1, 2; 171.06, subdivision 2a; 
  1.34            171.07, subdivision 13; 171.13, subdivisions 1, 2, by 
  1.35            adding subdivisions; 174.03, by adding a subdivision; 
  1.36            174.52, subdivision 5, by adding a subdivision; 
  1.37            221.0314, subdivision 9; 462.352, by adding a 
  1.38            subdivision; 462.358, subdivision 3b, by adding a 
  1.39            subdivision; 505.03, subdivision 2; 609.531, 
  1.40            subdivision 1; 609.855, subdivision 1, by adding a 
  1.41            subdivision; Minnesota Statutes 2003 Supplement, 
  1.42            sections 13.44, subdivision 3; 117.036, subdivisions 
  1.43            2, 3, by adding a subdivision; 160.93, subdivision 4, 
  1.44            by adding a subdivision; 169.14, subdivision 5a; 
  1.45            169.28, subdivision 1; 169.86, subdivision 5; 
  1.46            proposing coding for new law in Minnesota Statutes, 
  2.1             chapters 160; 168; 169; 174; 343; 360; repealing 
  2.2             Minnesota Statutes 2002, section 174.50, subdivision 4.
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1
  2.5                        TRANSPORTATION POLICY
  2.6      Section 1.  Minnesota Statutes 2003 Supplement, section 
  2.7   13.44, subdivision 3, is amended to read: 
  2.8      Subd. 3.  [REAL PROPERTY; APPRAISAL DATA.] (a)  
  2.9   [CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or 
  2.10  appraised values of individual parcels of real property which 
  2.11  are made by personnel of the state, its agencies and 
  2.12  departments, or a political subdivision or by independent 
  2.13  appraisers acting for the state, its agencies and departments, 
  2.14  or a political subdivision for the purpose of selling or 
  2.15  acquiring land through purchase or condemnation are classified 
  2.16  as confidential data on individuals or protected nonpublic data. 
  2.17     (b)  [PRIVATE OR NONPUBLIC DATA.] Appraised values of 
  2.18  individual parcels of real property that are made by appraisers 
  2.19  working for fee owners or contract purchasers who have received 
  2.20  an offer to purchase their property from a government entity are 
  2.21  private data on individuals or nonpublic data. 
  2.22     (c)  [PUBLIC DATA.] The data made confidential or protected 
  2.23  nonpublic by the provisions of paragraph paragraphs (a) and (b) 
  2.24  shall become public upon the occurrence of any of the following: 
  2.25     (1) the negotiating parties exchange appraisals; 
  2.26     (2) the data are submitted to a court appointed 
  2.27  condemnation commissioner; 
  2.28     (3) (2) the data are presented in court in condemnation 
  2.29  proceedings; or 
  2.30     (4) (3) the negotiating parties enter into an agreement for 
  2.31  the purchase and sale of the property; or 
  2.32     (5) the data are submitted to the owner under section 
  2.33  117.036. 
  2.34     Sec. 2.  Minnesota Statutes 2002, section 65B.28, 
  2.35  subdivision 2, is amended to read: 
  2.36     Subd. 2.  [ACCIDENT PREVENTION COURSE; RULES.] The 
  3.1   commissioner of public safety shall adopt rules establishing and 
  3.2   regulating a motor vehicle accident prevention course for 
  3.3   persons 55 years old and older.  The rules must, at a minimum, 
  3.4   include provisions:  
  3.5      (1) establishing curriculum requirements; 
  3.6      (2) establishing the number of hours required for 
  3.7   successful completion of the course; and 
  3.8      (3) allowing for recognition of courses taken in other 
  3.9   states with approved curriculum substantially equivalent to that 
  3.10  established in Minnesota; and 
  3.11     (4) providing for the issuance of a course completion 
  3.12  certification and requiring its submission to an insured as 
  3.13  evidence of completion of the course.  
  3.14     Sec. 3.  Minnesota Statutes 2002, section 84.87, 
  3.15  subdivision 1, is amended to read: 
  3.16     Subdivision 1.  [OPERATION ON STREETS AND HIGHWAYS.] (a) No 
  3.17  person shall operate a snowmobile upon the roadway, shoulder, or 
  3.18  inside bank or slope of any trunk, county state-aid, or county 
  3.19  highway in this state and, in the case of a divided trunk or 
  3.20  county highway, on the right-of-way between the opposing lanes 
  3.21  of traffic, except as provided in sections 84.81 to 84.90.  No 
  3.22  person shall operate a snowmobile within the right-of-way of any 
  3.23  trunk, county state-aid, or county highway between the hours of 
  3.24  one-half hour after sunset to one-half hour before sunrise, 
  3.25  except on the right-hand side of such right-of-way and in the 
  3.26  same direction as the highway traffic on the nearest lane of the 
  3.27  roadway adjacent thereto.  No snowmobile shall be operated at 
  3.28  any time within the right-of-way of any interstate highway or 
  3.29  freeway within this state. 
  3.30     (b) Notwithstanding any provision of paragraph (a) to the 
  3.31  contrary, but under conditions prescribed by the commissioner of 
  3.32  transportation, the commissioner of transportation may allow 
  3.33  two-way operation of snowmobiles on either side of the trunk 
  3.34  highway right-of-way where the commissioner of transportation 
  3.35  determines that two-way operation will not endanger users of the 
  3.36  trunk highway or riders of the snowmobiles using the trail. 
  4.1      (b) (c) A snowmobile may make a direct crossing of a street 
  4.2   or highway at any hour of the day provided: 
  4.3      (1) the crossing is made at an angle of approximately 90 
  4.4   degrees to the direction of the highway and at a place where no 
  4.5   obstruction prevents a quick and safe crossing; and 
  4.6      (2) the snowmobile is brought to a complete stop before 
  4.7   crossing the shoulder or main traveled way of the highway; and 
  4.8      (3) the driver yields the right-of-way to all oncoming 
  4.9   traffic which constitutes an immediate hazard; and 
  4.10     (4) in crossing a divided highway, the crossing is made 
  4.11  only at an intersection of such highway with another public 
  4.12  street or highway; and 
  4.13     (5) if the crossing is made between the hours of one-half 
  4.14  hour after sunset to one-half hour before sunrise or in 
  4.15  conditions of reduced visibility, only if both front and rear 
  4.16  lights are on; and 
  4.17     (6) a snowmobile may be operated upon a bridge, other than 
  4.18  a bridge that is part of the main traveled lanes of an 
  4.19  interstate highway, when required for the purpose of avoiding 
  4.20  obstructions to travel when no other method of avoidance is 
  4.21  possible; provided the snowmobile is operated in the extreme 
  4.22  right-hand lane, the entrance to the roadway is made within 100 
  4.23  feet of the bridge and the crossing is made without undue delay. 
  4.24     (c) (d) No snowmobile shall be operated upon a public 
  4.25  street or highway unless it is equipped with at least one 
  4.26  headlamp, one taillamp, each of minimum candlepower as 
  4.27  prescribed by rules of the commissioner, reflector material of a 
  4.28  minimum area of 16 square inches mounted on each side forward of 
  4.29  the handle bars, and with brakes each of which shall conform to 
  4.30  standards prescribed by rule of the commissioner pursuant to the 
  4.31  authority vested in the commissioner by section 84.86, and each 
  4.32  of which shall be subject to approval of the commissioner of 
  4.33  public safety. 
  4.34     (d) (e) A snowmobile may be operated upon a public street 
  4.35  or highway other than as provided by clause (b) paragraph (c) in 
  4.36  an emergency during the period of time when and at locations 
  5.1   where snow upon the roadway renders travel by automobile 
  5.2   impractical. 
  5.3      (e) (f) All provisions of chapters 169 and 169A shall apply 
  5.4   to the operation of snowmobiles upon streets and highways, 
  5.5   except for those relating to required equipment, and except 
  5.6   those which by their nature have no application.  Section 169.09 
  5.7   applies to the operation of snowmobiles anywhere in the state or 
  5.8   on the ice of any boundary water of the state. 
  5.9      (f) (g) Any sled, trailer, or other device being towed by a 
  5.10  snowmobile must be equipped with reflective materials as 
  5.11  required by rule of the commissioner. 
  5.12     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  5.13  117.036, subdivision 2, is amended to read: 
  5.14     Subd. 2.  [APPRAISAL.] (a) Before commencing an eminent 
  5.15  domain proceeding under this chapter, the acquiring authority 
  5.16  must obtain at least one appraisal for the property proposed to 
  5.17  be acquired.  In making the appraisal, the appraiser must confer 
  5.18  with one or more of the fee owners or contract purchasers of the 
  5.19  property, if reasonably possible.  At least 20 days before 
  5.20  presenting a petition under section 117.055 Notwithstanding 
  5.21  section 13.44, the acquiring authority must provide the fee 
  5.22  owner or contract purchaser with a copy of the appraisal and 
  5.23  inform the owner of the owner's that person of the right to 
  5.24  obtain an appraisal under this section.  Upon request, a copy of 
  5.25  the appraisal must be provided to the fee owner or contract 
  5.26  purchaser within five days.  The owner or contract purchaser 
  5.27  must provide the commissioner with appraisals of the property 
  5.28  for which the owner has been reimbursed with public funds. 
  5.29     (b) The fee owner or contract purchaser may obtain an 
  5.30  appraisal by a qualified appraiser of the property proposed to 
  5.31  be acquired.  The fee owner or contract purchaser is entitled to 
  5.32  reimbursement for the reasonable costs of the appraisal from the 
  5.33  acquiring authority up to a maximum of $1,500 within 30 days 
  5.34  after the owner if that person submits to the acquiring 
  5.35  authority the information necessary for reimbursement, provided 
  5.36  that the owner does so within 60 days after the owner receives 
  6.1   the appraisal from the authority under paragraph (a) and a copy 
  6.2   of the appraisal within 90 days after receiving the acquiring 
  6.3   authority's appraisal.  The acquiring authority must pay the 
  6.4   reimbursement to the fee owner or contract purchaser within 30 
  6.5   days after receiving a copy of the appraisal and the 
  6.6   reimbursement information.  Upon agreement between the fee owner 
  6.7   or contract purchaser and the acquiring authority, the acquiring 
  6.8   authority may pay the reimbursement, of up to $1,500, directly 
  6.9   to the appraiser.  
  6.10     (c) An appraisal may not be used or considered in a 
  6.11  commissioner's hearing unless it is disclosed to all parties at 
  6.12  least three business days before the hearing. 
  6.13     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  6.14  117.036, subdivision 3, is amended to read: 
  6.15     Subd. 3.  [NEGOTIATION.] In addition to the appraisal 
  6.16  requirements under subdivision 2, before commencing an eminent 
  6.17  domain proceeding, the acquiring authority must make a good 
  6.18  faith attempt to negotiate personally with the owner of the 
  6.19  property in order to acquire the property by direct purchase 
  6.20  instead of the use of eminent domain proceedings.  In making 
  6.21  this negotiation, the acquiring authority must consider the 
  6.22  appraisals in its possession, including any appraisal obtained 
  6.23  and furnished by the fee owner or contract purchaser, and other 
  6.24  information that may be relevant to a determination of damages 
  6.25  under this chapter. 
  6.26     Sec. 6.  Minnesota Statutes 2003 Supplement, section 
  6.27  117.036, is amended by adding a subdivision to read: 
  6.28     Subd. 4.  [INFORMATION TO BE PREPARED.] The commissioner of 
  6.29  transportation, in consultation with the attorney general and 
  6.30  one or more professional associations of real estate appraisers, 
  6.31  shall prepare a publication of not more than two pages that 
  6.32  summarizes the eminent domain process for transportation 
  6.33  projects, including the reasons for condemnation, the procedures 
  6.34  followed by condemners, how property owners and citizens may 
  6.35  influence the condemnation process, and the rights of property 
  6.36  owners and citizens affected by condemnation.  The commissioner 
  7.1   shall make this publication available to all persons on whose 
  7.2   property the commissioner has made an appraisal or to whom the 
  7.3   commissioner has made an offer to purchase.  The commissioner 
  7.4   may make the publication available to other acquiring 
  7.5   authorities and may charge a price to recover the commissioner's 
  7.6   costs. 
  7.7      Sec. 7.  Minnesota Statutes 2002, section 160.02, is 
  7.8   amended by adding a subdivision to read: 
  7.9      Subd. 19a.  [HYBRID VEHICLE.] "Hybrid vehicle" is a motor 
  7.10  vehicle that draws propulsion energy from onboard sources of 
  7.11  stored energy, which are both:  (1) an internal combustion or 
  7.12  heat engine using combustible fuel; and (2) a rechargeable 
  7.13  energy storage system, and in the case of passenger automobiles 
  7.14  for model years 2004-2005, meets Tier II emission standards, and 
  7.15  for model years 2006-2007, meets Tier II, Bin 5, emission 
  7.16  standards. 
  7.17     Sec. 8.  Minnesota Statutes 2002, section 160.02, is 
  7.18  amended by adding a subdivision to read: 
  7.19     Subd. 19b.  [INHERENTLY LOW EMISSION VEHICLE 
  7.20  (ILEV).] "Inherently low emission vehicle" is a motor vehicle 
  7.21  that meets Environmental Protection Agency ILEV standards for 
  7.22  evaporative emissions. 
  7.23     Sec. 9.  Minnesota Statutes 2002, section 160.08, 
  7.24  subdivision 7, is amended to read: 
  7.25     Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
  7.26  RIGHT-OF-WAY.] No commercial establishment, including but not 
  7.27  limited to automotive service stations, for serving motor 
  7.28  vehicle users shall be constructed or located within the 
  7.29  right-of-way of, or on publicly owned or publicly leased land 
  7.30  acquired or used for or in connection with, a controlled access 
  7.31  highway; except that (1) structures may be built within safety 
  7.32  rest and tourist travel information center areas; (2) space 
  7.33  within state-owned buildings in those areas may be leased for 
  7.34  the purpose of providing information to travelers 
  7.35  through commercial and public service advertising under 
  7.36  franchise agreements as provided in sections section 160.276 to 
  8.1   160.278; (3) advertising signs may be erected within the 
  8.2   right-of-way of interstate or controlled-access trunk highways 
  8.3   by franchise agreements under section 160.80; and (4) vending 
  8.4   machines may be placed in rest areas, tourist travel information 
  8.5   centers, or weigh stations constructed or located within trunk 
  8.6   highway rights-of-way; and (5) acknowledgment signs may be 
  8.7   erected under sections 160.272 and 160.2735. 
  8.8      Sec. 10.  [160.272] [SAFETY REST AREA AND TRAVEL 
  8.9   INFORMATION CENTER LEASES.] 
  8.10     Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
  8.11  in subdivision 3, and notwithstanding any other law to the 
  8.12  contrary, the commissioner may enter into lease agreements 
  8.13  through negotiations with public or not-for-profit entities or 
  8.14  through best value, as defined in section 16C.02, subdivision 4, 
  8.15  with private entities relating to the use of safety rest areas 
  8.16  and travel information centers. 
  8.17     (b) A lease under this subdivision may: 
  8.18     (1) with the approval of the commissioner of 
  8.19  administration, prescribe a lease term length of up to 20 years, 
  8.20  with options for renewal; 
  8.21     (2) allow the lessee to operate a safety rest area facility 
  8.22  in whole or in part; 
  8.23     (3) allow the lessee to offer for sale products or services 
  8.24  that the commissioner deems appropriate for sale in a safety 
  8.25  rest area; and 
  8.26     (4) allow the lessee to add leasehold improvements to the 
  8.27  site after approval by the commissioner. 
  8.28     (c) A lease agreement for a safety rest area is subject to 
  8.29  section 160.28, subdivision 2, regarding vending at safety rest 
  8.30  areas. 
  8.31     (d) A lease agreement must include terms that promote and 
  8.32  encourage the employment of needy elderly persons according to 
  8.33  section 160.282. 
  8.34     (e) The commissioner may publicly acknowledge the lessee 
  8.35  and may erect signs adjacent to the main travel lanes of a 
  8.36  highway acknowledging the lessee. 
  9.1      Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
  9.2   deposit revenues from leases authorized under this section into 
  9.3   the safety rest area account established in section 160.2745. 
  9.4      Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
  9.5   section affects existing contracts under section 248.07 or their 
  9.6   renewal. 
  9.7      Sec. 11.  [160.2725] [SALES AT SAFETY REST AREAS.] 
  9.8      Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
  9.9   160.08, the commissioner may sell travel and tourism-related 
  9.10  publications and maps, travel and tourism-related merchandise, 
  9.11  and services.  The commissioner may rent or sell items for the 
  9.12  convenience of persons using safety rest areas, including 
  9.13  lottery tickets, local attraction tickets, and permits and 
  9.14  licenses issued by units of government.  Notwithstanding section 
  9.15  16A.1285, the commissioner of transportation may collect a 
  9.16  service fee for the sale of lottery tickets, local attraction 
  9.17  tickets, and permits and licenses. 
  9.18     Merchandise that competes with vending machine sales 
  9.19  authorized under section 160.28, subdivision 2, is subject to 
  9.20  the provisions of subdivision 5. 
  9.21     Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
  9.22  availability of a program or item offered under this section. 
  9.23     Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
  9.24  or 160.08, the commissioner may sell or license intellectual 
  9.25  property and software products or services developed by a 
  9.26  government unit or custom-developed by a vendor for a government 
  9.27  unit. 
  9.28     Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
  9.29  commissioner under this section must be deposited in the safety 
  9.30  rest area account established in section 160.2745. 
  9.31     Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
  9.32  designated state licensing agency authorized under United States 
  9.33  Code, title 20, sections 107 to 107e, shall enter into an 
  9.34  interagency agreement before rest areas are leased or before 
  9.35  nonvending machine sales occur at rest areas.  The interagency 
  9.36  agreement must identify what constitutes competing merchandise 
 10.1   and establish policies and procedures related to the sale of 
 10.2   competing merchandise at rest areas. 
 10.3      Sec. 12.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
 10.4      Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
 10.5   enter into agreements for public or private sponsorship of 
 10.6   highway safety rest areas by transportation and tourism-related 
 10.7   entities.  The commissioner may publicly acknowledge sponsors 
 10.8   and may erect signs adjacent to the main travel lanes of a 
 10.9   highway acknowledging the sponsors. 
 10.10     Subd. 2.  [REVENUE.] The commissioner shall credit revenue 
 10.11  from the sponsorship program to the safety rest area account 
 10.12  established in section 160.2745. 
 10.13     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 10.14  action under this section that would result in the loss of 
 10.15  federal highway funds or require the payment of highway funds to 
 10.16  the federal government. 
 10.17     Sec. 13.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
 10.18     Subdivision 1.  [EXCEPTION.] Notwithstanding section 
 10.19  161.44, subdivisions 2 to 4, the commissioner is not required to 
 10.20  offer to reconvey land no longer needed for safety rest area 
 10.21  purposes if the land was acquired by the commissioner at least 
 10.22  ten years before the commissioner sells the land. 
 10.23     Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
 10.24  from the sale of real estate and buildings under this section 
 10.25  must be paid into the safety rest area account established in 
 10.26  section 160.2745 and are appropriated to the commissioner (1) 
 10.27  for the actual cost of selling the real estate or buildings, (2) 
 10.28  for the fees required to be paid under sections 161.23 and 
 10.29  161.44, and (3) as provided in section 160.2745. 
 10.30     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 10.31  action under this section that would result in the loss of 
 10.32  federal highway funds or require the payment of highway funds to 
 10.33  the federal government. 
 10.34     Sec. 14.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
 10.35     Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
 10.36  account is established in the trunk highway fund.  Money in the 
 11.1   account is available until expended. 
 11.2      Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
 11.3   safety rest area account revenue received from leasing or 
 11.4   sponsoring safety rest areas, advertising at safety rest areas, 
 11.5   selling safety rest area property and lands, and other revenue 
 11.6   generated with respect to safety rest areas. 
 11.7      Subd. 3.  [EXPENDITURES.] Money in the account is 
 11.8   appropriated to the commissioner.  The commissioner may spend 
 11.9   money in the account for safety rest areas, including program 
 11.10  administration, maintenance and operations, development and 
 11.11  improvements, and services to customers.  
 11.12     Sec. 15.  Minnesota Statutes 2002, section 160.276, is 
 11.13  amended to read: 
 11.14     160.276 [TRAVEL INFORMATION FRANCHISE ADVERTISING PROGRAM.] 
 11.15     Subdivision 1.  [ESTABLISHED LEASING ADVERTISING SPACE.] 
 11.16  The commissioner of transportation shall establish a franchise 
 11.17  program to may lease advertising space within tourist travel 
 11.18  information centers and safety rest areas for the purpose of 
 11.19  providing information to travelers through travel-related 
 11.20  commercial and public service advertising.  
 11.21     Subd. 2.  [INITIAL PHASE.] The program may, in its initial 
 11.22  phase, utilize space within existing publicly owned buildings 
 11.23  and shelters in safety rest areas and tourist information 
 11.24  centers.  This phase shall be operational by May 1, 1981.  
 11.25  Franchises for this phase shall be ready to let by January 1, 
 11.26  1981.  
 11.27     Subd. 3.  [INFORMATION FACILITIES.] The program 
 11.28  commissioner may also include franchises for the construction, 
 11.29  operation and maintenance of contract to permit a vendor to 
 11.30  construct, operate, and maintain additional information 
 11.31  structures by and at the expense of the franchisee vendor on 
 11.32  state-owned lands within safety rest areas or tourist travel 
 11.33  information center areas.  All structures constructed by 
 11.34  the franchisee shall vendor must meet or exceed specifications 
 11.35  prescribed by the commissioner of transportation and shall must 
 11.36  satisfy the requirements of the State Building Code for 
 12.1   accessibility by the physically handicapped.  The vendor shall 
 12.2   design all structures shall be designed to enhance their the 
 12.3   site and shall be aesthetically compatible surroundings in a 
 12.4   manner harmonious with the natural environment as determined by 
 12.5   the commissioner.  
 12.6      Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
 12.7   determine the sites to be included in this program and shall 
 12.8   also determine if the advertising display at each site is to be 
 12.9   inside or outside of any buildings or shelters the extent and 
 12.10  location of space available for advertising in each facility.  
 12.11     Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
 12.12  provide space free of charge to the Office of Tourism for travel 
 12.13  information centers.  The commissioner shall not charge the 
 12.14  Office of Tourism for any regular expenses associated with the 
 12.15  operation of the travel information centers.  The commissioner 
 12.16  shall provide highway maps free of charge for use and 
 12.17  distribution through the travel information centers.  
 12.18     Sec. 16.  Minnesota Statutes 2002, section 160.277, is 
 12.19  amended to read: 
 12.20     160.277 [COMMISSIONER TO GRANT FRANCHISES.] 
 12.21     Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
 12.22  transportation, by public negotiation or bid, shall grant 
 12.23  franchises enter into agreements for the purposes of section 
 12.24  160.276.  Each franchise agreement shall include the safety rest 
 12.25  areas and tourist information centers in a geographical area 
 12.26  comprising approximately one-quarter of the land area of the 
 12.27  state.  The franchise agreement shall insure that the franchisee 
 12.28  provide services throughout the area in as many tourist 
 12.29  information centers and safety rest areas as are reasonably 
 12.30  necessary for the convenience of travelers.  
 12.31     Subd. 2.  [INSURANCE.] The commissioner of transportation 
 12.32  shall require the franchisee vendor to obtain liability 
 12.33  insurance in an amount prescribed by the commissioner jointly 
 12.34  insuring the state and the franchisee vendor against any and all 
 12.35  liability for claims for damage occurring wholly or partly 
 12.36  because of the existence of the franchise vendor contract.  
 13.1      Subd. 3.  [REVENUE.] The franchise agreement may provide 
 13.2   that the vendor pay a percentage portion of the gross revenues 
 13.3   derived from advertising shall.  These revenues must be paid to 
 13.4   the state for deposit in the trunk highway fund safety rest area 
 13.5   account established in section 160.2745.  The commissioner of 
 13.6   transportation and director of the Office of Tourism may enter 
 13.7   into an interagency agreement to define the distribution of the 
 13.8   revenues generated in this section. 
 13.9      Sec. 17.  Minnesota Statutes 2002, section 160.278, is 
 13.10  amended to read: 
 13.11     160.278 [ADDITIONAL FRANCHISE PROVISIONS.] 
 13.12     Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each franchise 
 13.13  vendor agreement shall must contain the following provisions:  
 13.14     (a) (1) that the franchisee vendor shall comply with Code 
 13.15  of Federal Regulations, title 23, section 252 752 and subsequent 
 13.16  revisions pertaining to privately operated information systems; 
 13.17     (b) (2) that at least 40 percent of the commercial 
 13.18  advertising space shall must be offered initially for a 
 13.19  reasonable period of time to local advertisers who provide 
 13.20  services for travelers within a 60-mile radius of the safety 
 13.21  rest area or tourist travel information center; 
 13.22     (c) (3) that the franchisees vendor shall make appropriate 
 13.23  marketing efforts in an attempt to lease at least 40 percent of 
 13.24  the commercial advertising space to local advertisers; and 
 13.25     (d) (4) reasonable performance standards, and maintenance 
 13.26  standards for structures constructed by the franchisee. vendor; 
 13.27  and 
 13.28     Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise 
 13.29  agreement shall impose (5) limitations on advertising space 
 13.30  within state-owned buildings or on state-owned property in 
 13.31  safety rest areas and tourist travel information centers.  
 13.32     Subd. 3.  [REASONABLE TERMS AND CONDITIONS.] The 
 13.33  commissioner of transportation may require additional reasonable 
 13.34  terms and conditions to be included in the franchise vendor 
 13.35  agreement, including but not limited to, provisions governing 
 13.36  the renewal and termination of the agreement, and, in the event 
 14.1   of termination, the rights of the state and the franchisee 
 14.2   vendor in advertising contracts and in buildings constructed by 
 14.3   the franchisee vendor. 
 14.4      Sec. 18.  Minnesota Statutes 2002, section 160.28, is 
 14.5   amended to read: 
 14.6      160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
 14.7      Subdivision 1.  [SAFETY REST AREAS; TOURIST TRAVEL 
 14.8   INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
 14.9   contrary notwithstanding, the commissioner of transportation is 
 14.10  hereby authorized to cause to be prepared may have plans and, 
 14.11  specifications, and detailed designs prepared for the 
 14.12  construction of buildings and facilities for highway safety rest 
 14.13  areas, tourist travel information centers in combination with 
 14.14  rest areas, and weigh stations when the commissioner deems these 
 14.15  buildings and facilities to be necessary in the interest of 
 14.16  safety and convenient public travel on highways. 
 14.17     Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
 14.18  notwithstanding, the commissioner may contract for or authorize 
 14.19  the placement of vending machines dispensing food, nonalcoholic 
 14.20  beverages, or milk, or other items the commissioner deems 
 14.21  appropriate and desirable in highway safety rest areas, tourist 
 14.22  travel information centers, and weigh stations on marked 
 14.23  interstate highways and primary trunk highways.  The 
 14.24  commissioner shall only place vending machines operated under 
 14.25  United States Code, title 20, sections 107 to 107e and as 
 14.26  provided in section 248.07. 
 14.27     Sec. 19.  Minnesota Statutes 2002, section 160.84, 
 14.28  subdivision 9, is amended to read: 
 14.29     Subd. 9.  [TOLL FACILITY.] "Toll facility" means a bridge, 
 14.30  causeway, or tunnel, and its approaches; a road, street, or 
 14.31  highway or lane thereon; an appurtenant building, structure, or 
 14.32  other improvement; land lying within applicable rights-of-way; 
 14.33  and other appurtenant rights or hereditaments that together 
 14.34  comprise a project for which a road authority or private 
 14.35  operator is authorized to develop, finance, design, operate, and 
 14.36  impose tolls under sections 160.84 to 160.92. 
 15.1      Sec. 20.  Minnesota Statutes 2002, section 160.85, 
 15.2   subdivision 1, is amended to read: 
 15.3      Subdivision 1.  [ROAD AUTHORITY.] A road authority may 
 15.4   solicit or accept proposals from and enter into development 
 15.5   agreements with counties or private operators for developing, 
 15.6   financing, designing, constructing, improving, rehabilitating, 
 15.7   owning, and operating toll facilities wholly or partly within 
 15.8   the road authority's jurisdiction.  A road authority may solicit 
 15.9   proposals from private operators only after the county in which 
 15.10  the proposed toll facilities will be located has refused to 
 15.11  submit a proposal.  If a road authority solicits toll facility 
 15.12  proposals, it must publish a notice of solicitation in the State 
 15.13  Register. 
 15.14     [EFFECTIVE DATE.] This section is effective the day 
 15.15  following final enactment. 
 15.16     Sec. 21.  Minnesota Statutes 2002, section 160.85, 
 15.17  subdivision 3, is amended to read: 
 15.18     Subd. 3.  [APPROVAL.] No road authority and private 
 15.19  operator may execute a development agreement without the 
 15.20  approval of the final agreement by the commissioner.  A road 
 15.21  authority and private operator in the metropolitan area must 
 15.22  obtain the approvals required in sections 161.162 to 161.167 and 
 15.23  473.166.  Except as otherwise provided in sections 161.162 to 
 15.24  161.167, The governing body of a county or municipality through 
 15.25  which a facility passes may veto the project within 30 days of 
 15.26  approval by the commissioner. 
 15.27     [EFFECTIVE DATE.] This section is effective the day 
 15.28  following final enactment. 
 15.29     Sec. 22.  Minnesota Statutes 2002, section 160.85, 
 15.30  subdivision 3a, is amended to read: 
 15.31     Subd. 3a.  [INFORMATION MEETING.] Before approving or 
 15.32  denying a development agreement, the commissioner shall hold a 
 15.33  public information meeting in any municipality or county in 
 15.34  which any portion of the proposed toll facility runs.  The 
 15.35  commissioner shall determine the time and place of the 
 15.36  information meeting.  The commissioner shall make the proposed 
 16.1   development agreement available for public review at the meeting 
 16.2   and for a reasonable period of time before the meeting. 
 16.3      [EFFECTIVE DATE.] This section is effective the day 
 16.4   following final enactment. 
 16.5      Sec. 23.  Minnesota Statutes 2002, section 160.85, 
 16.6   subdivision 5, is amended to read: 
 16.7      Subd. 5.  [RIGHT-OF-WAY ACQUISITION.] A private operator 
 16.8   may acquire right-of-way by donation, lease, or purchase.  A 
 16.9   road authority may acquire right-of-way by donation, purchase, 
 16.10  or eminent domain and may donate, sell, or lease a right-of-way 
 16.11  to a private operator for fair value. 
 16.12     [EFFECTIVE DATE.] This section is effective the day 
 16.13  following final enactment. 
 16.14     Sec. 24.  [160.851] [TOLL FACILITIES PLAN.] 
 16.15     Subdivision 1.  [PLAN REQUIRED.] By June 30, 2005, the 
 16.16  commissioner shall adopt a draft toll facilities plan to cover a 
 16.17  20-year period.  The plan must ensure that when toll facilities 
 16.18  are authorized they will be consistent with regional 
 16.19  transportation plans, be coordinated with other highway and 
 16.20  transportation improvements, and will be constructed only to 
 16.21  meet transportation needs that cannot reasonably be met in any 
 16.22  other way.  The plan must include (1) all toll facilities that 
 16.23  have been identified in responses received by the commissioner 
 16.24  to a request for project proposals for toll facility 
 16.25  development, and (2) all toll facilities that the commissioner 
 16.26  determines are under active consideration for development 
 16.27  agreements by local road authorities.  Neither the commissioner 
 16.28  nor a local road authority may enter into a development 
 16.29  agreement under section 160.86 until the initial plan has been 
 16.30  completed and approvals obtained under subdivision 4. 
 16.31     Subd. 2.  [COST-BENEFIT ANALYSIS.] The plan must require 
 16.32  that before a development agreement may be signed for a toll 
 16.33  facility project the road authority must perform an analysis of 
 16.34  the project that compares (1) the total cost of the project to 
 16.35  its developer and users, and the benefits of the toll facility 
 16.36  to its users and users of other highways, to (2) the total costs 
 17.1   that the road authority would incur if it were to construct the 
 17.2   project itself and operate it without toll, and the benefits of 
 17.3   the nontoll facility to its users and users of other highways.  
 17.4   The analysis must include a projection, developed by an 
 17.5   independent source, of vehicle use and rider use. 
 17.6      Subd. 3.  [TRANSIT AND HIGH-OCCUPANCY VEHICLE 
 17.7   ADVANTAGES.] The plan must require that each development 
 17.8   agreement made by the commissioner must provide significant 
 17.9   advantages, benefits, or preferences to public transit and other 
 17.10  high-occupancy vehicles. 
 17.11     Subd. 4.  [APPROVAL OF PLAN.] The draft toll facilities 
 17.12  plan must be approved by the metropolitan planning organization 
 17.13  in each metropolitan area in which the plan shows a toll 
 17.14  facility may potentially be located.  The commissioner shall 
 17.15  submit the draft plan to each such metropolitan planning 
 17.16  organization by July 15, 2005.  Failure by a metropolitan 
 17.17  planning organization to act on the draft plan by December 31, 
 17.18  2005, constitutes approval.  The plan is not effective until all 
 17.19  approvals required under this subdivision have been secured. 
 17.20     Subd. 5.  [OPERATIONAL ASPECTS OF PLAN.] The toll 
 17.21  facilities plan must not only specify locations of potential 
 17.22  facilities but also provide for operational aspects of toll 
 17.23  facilities, including: 
 17.24     (1) design standards for toll facilities that are unique to 
 17.25  those facilities; 
 17.26     (2) methods of toll collection; 
 17.27     (3) determination of tolls; 
 17.28     (4) maintenance of and law enforcement on toll facilities; 
 17.29  and 
 17.30     (5) standards to be met before toll facilities are 
 17.31  transferred to a road authority. 
 17.32     Sec. 25.  Minnesota Statutes 2002, section 160.86, is 
 17.33  amended to read: 
 17.34     160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 
 17.35     Subdivision 1.  [REQUIRED PROVISIONS.] A development 
 17.36  agreement must include the following provisions: 
 18.1      (a) The toll facility must meet the road authority's 
 18.2   standards of design and construction for roads and bridges of 
 18.3   the same functional classification. 
 18.4      (b) The commissioner must review and approve the location 
 18.5   and design of a bridge over navigable waters as if the bridge 
 18.6   were constructed by a road authority.  This requirement does not 
 18.7   diminish the private operator's responsibility for bridge safety.
 18.8      (c) The private operator shall manage and operate the toll 
 18.9   facility in cooperation with the road authority and subject to 
 18.10  the development agreement. 
 18.11     (d) The toll facility is subject to regular inspections by 
 18.12  the road authority and the commissioner. 
 18.13     (e) The agreement must provide the terms and conditions of 
 18.14  maintenance, snow removal, and police services to the toll 
 18.15  facility.  The road authority must provide the services.  The 
 18.16  services must meet at least the road authority's standards for 
 18.17  facilities of the same functional classification. 
 18.18     (f) The agreement must establish a reasonable rate of 
 18.19  return on investment and capital during the term of the 
 18.20  agreement. 
 18.21     Subd. 2.  [PROHIBITED PROVISIONS.] (a) A development 
 18.22  agreement may not include a noncompete clause or any provision 
 18.23  that would restrict the construction, improvement, or 
 18.24  maintenance of a highway, or restrict the development, design, 
 18.25  construction, or operation of public transit facilities or 
 18.26  service, including commuter rail lines. 
 18.27     (b) The road authority may not allow the private operator 
 18.28  to acquire or use the right-of-way unless the operator gives 
 18.29  fair value for the interest in the property. 
 18.30     [EFFECTIVE DATE.] This section is effective the day 
 18.31  following final enactment. 
 18.32     Sec. 26.  [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 
 18.33  REQUIREMENTS.] 
 18.34     Subdivision 1.  [INCLUSION IN STATEWIDE TRANSPORTATION 
 18.35  IMPROVEMENT PROGRAM.] The commissioner of transportation may not 
 18.36  make a development agreement for a toll facility unless the 
 19.1   facility is included in the commissioner's statewide 
 19.2   transportation improvement program for the federal fiscal year 
 19.3   in which construction of the facility would begin. 
 19.4      Subd. 2.  [BUDGET SUBMISSION.] In each biennial budget 
 19.5   document for the Department of Transportation submitted to the 
 19.6   legislature, the commissioner shall include a description of 
 19.7   each toll facility developed under a development agreement 
 19.8   between the commissioner and a private operator that the 
 19.9   commissioner determines is likely to have construction begun in 
 19.10  that biennium.  The description must include the design and 
 19.11  location of each such facility.  If a development agreement has 
 19.12  been signed for the facility, the description must summarize the 
 19.13  major points of the agreement.  If no development agreement has 
 19.14  been signed, the description must summarize the major points of 
 19.15  all project proposals that have been received for the project. 
 19.16     Sec. 27.  Minnesota Statutes 2002, section 160.88, is 
 19.17  amended to read: 
 19.18     160.88 [PUBLIC TOLL FACILITIES.] 
 19.19     Subject to the provisions of sections 161.162 to 161.167 
 19.20  and 473.166, a road authority may develop, finance, design, 
 19.21  construct, improve, rehabilitate, own, and operate a toll 
 19.22  facility. 
 19.23     [EFFECTIVE DATE.] This section is effective the day 
 19.24  following final enactment. 
 19.25     Sec. 28.  Minnesota Statutes 2003 Supplement, section 
 19.26  160.93, is amended by adding a subdivision to read: 
 19.27     Subd. 1a.  [HYBRID AND INHERENTLY LOW EMISSION 
 19.28  VEHICLES.] The commissioner may not charge a user fee to an 
 19.29  owner or operator of a single-occupant hybrid vehicle or a 
 19.30  single-occupant inherently low emission vehicle that uses 
 19.31  designated high-occupancy vehicle lanes for which user fees 
 19.32  would otherwise be charged under subdivision 1 if the vehicle 
 19.33  displays a decal or identifier issued for that vehicle pursuant 
 19.34  to section 168.096. 
 19.35     Sec. 29.  Minnesota Statutes 2003 Supplement, section 
 19.36  160.93, subdivision 4, is amended to read: 
 20.1      Subd. 4.  [PROHIBITION.] No person may operate a 
 20.2   single-occupant vehicle in a designated high-occupancy vehicle 
 20.3   lane except in compliance with the requirements of the 
 20.4   commissioner and the requirements of law.  Except as otherwise 
 20.5   provided, a person who violates this subdivision is guilty of a 
 20.6   petty misdemeanor and is subject to sections 169.89, 
 20.7   subdivisions 1, 2, and 4, and 169.891 and any other provision of 
 20.8   chapter 169 applicable to the commission of a petty misdemeanor 
 20.9   traffic offense. 
 20.10     Sec. 30.  [160.94] [TOLLS APPLICABLE TO HYBRID AND 
 20.11  INHERENTLY LOW EMISSION VEHICLES.] 
 20.12     A road authority or private operator that operates a toll 
 20.13  facility must exempt hybrid and inherently low emission vehicles 
 20.14  from toll charges. 
 20.15     Sec. 31.  Minnesota Statutes 2002, section 161.162, 
 20.16  subdivision 2, is amended to read: 
 20.17     Subd. 2.  [FINAL LAYOUT.] (a) "Final layout" means 
 20.18  geometric layouts and supplemental drawings that show the 
 20.19  location, character, dimensions, access, and explanatory 
 20.20  information about the highway construction or improvement work 
 20.21  being proposed.  "Final layout" includes, where applicable, 
 20.22  traffic lanes, shoulders, trails, intersections, signals, 
 20.23  bridges, approximate right-of-way limits, existing ground line 
 20.24  and proposed grade line of the highway, turn lanes, access 
 20.25  points and closures, sidewalks, proposed design speed, noise 
 20.26  walls, transit considerations, auxiliary lanes, interchange 
 20.27  locations, interchange types, sensitive areas, existing 
 20.28  right-of-way, traffic volume and turning movements, location of 
 20.29  stormwater drainage, location of municipal utilities, toll 
 20.30  facilities, project schedule and estimated cost, and the name of 
 20.31  the project manager. 
 20.32     (b) "Final layout" does not include a cost participation 
 20.33  agreement.  For purposes of this subdivision "cost participation 
 20.34  agreement" means a document signed by the commissioner and the 
 20.35  governing body of a municipality that states the costs of a 
 20.36  highway construction project that will be paid by the 
 21.1   municipality. 
 21.2      [EFFECTIVE DATE.] This section is effective the day 
 21.3   following final enactment. 
 21.4      Sec. 32.  Minnesota Statutes 2002, section 161.163, 
 21.5   subdivision 1, is amended to read: 
 21.6      Subdivision 1.  [PROJECTS REQUIRING REVIEW.] Sections 
 21.7   161.162 to 161.167 apply only to projects that alter access, 
 21.8   increase or reduce highway traffic capacity, establish or modify 
 21.9   toll facilities, or require acquisition of permanent 
 21.10  rights-of-way. 
 21.11     [EFFECTIVE DATE.] This section is effective the day 
 21.12  following final enactment. 
 21.13     Sec. 33.  Minnesota Statutes 2002, section 161.164, 
 21.14  subdivision 2, is amended to read: 
 21.15     Subd. 2.  [GOVERNING BODY ACTION.] (a) Within 15 days of 
 21.16  receiving a final layout from the commissioner, the governing 
 21.17  body shall schedule a public hearing on the final layout.  The 
 21.18  governing body shall, within 60 days of receiving a final layout 
 21.19  from the commissioner, conduct a public hearing at which the 
 21.20  Department of Transportation shall present the final layout for 
 21.21  the project.  The governing body shall give at least 30 days' 
 21.22  notice of the public hearing.  
 21.23     (b) Within 90 days from the date of the public hearing, the 
 21.24  governing body shall approve or disapprove the final layout in 
 21.25  writing, as follows: 
 21.26     (1) If the governing body approves the final layout or does 
 21.27  not disapprove the final layout in writing within 90 days, in 
 21.28  which case the final layout is deemed to be approved, the 
 21.29  commissioner may continue the project development. 
 21.30     (2) If the final construction plans contain changes in 
 21.31  access, traffic capacity, toll facilities, or acquisition of 
 21.32  permanent right-of-way from the final layout approved by the 
 21.33  governing body, the commissioner shall resubmit the portion of 
 21.34  the final construction plans where changes were made to the 
 21.35  governing body. The governing body must approve or disapprove 
 21.36  the changes, in writing, within 60 days from the date the 
 22.1   commissioner submits them. 
 22.2      (3) If the governing body disapproves the final layout, the 
 22.3   commissioner may make modifications requested by the 
 22.4   municipality, decide not to proceed with the project, or refer 
 22.5   the final layout to an appeal board.  The appeal board shall 
 22.6   consist of one member appointed by the commissioner, one member 
 22.7   appointed by the governing body, and a third member agreed upon 
 22.8   by both the commissioner and the governing body.  If the 
 22.9   commissioner and the governing body cannot agree upon the third 
 22.10  member, the chief justice of the Supreme Court shall appoint a 
 22.11  third member within 14 days of the request of the commissioner 
 22.12  to appoint the third member.  
 22.13     Sec. 34.  Minnesota Statutes 2002, section 161.165, 
 22.14  subdivision 2, is amended to read: 
 22.15     Subd. 2.  [ACTION ON APPROVED FINAL LAYOUT.] (a) If the 
 22.16  appeal board recommends approval of the final layout or does not 
 22.17  submit its findings and recommendations within 60 days of the 
 22.18  hearing, in which case the final layout is deemed approved, the 
 22.19  commissioner may prepare substantially similar final 
 22.20  construction plans and proceed with the project.  
 22.21     (b) If the final construction plans change access, traffic 
 22.22  capacity, toll facilities, or acquisition of permanent 
 22.23  right-of-way from the final layout approved by the appeal board, 
 22.24  the commissioner shall submit the portion of the final 
 22.25  construction plans that shows the changes, to the governing body 
 22.26  for its approval or disapproval under section 161.164, 
 22.27  subdivision 2. 
 22.28     [EFFECTIVE DATE.] This section is effective the day 
 22.29  following final enactment. 
 22.30     Sec. 35.  Minnesota Statutes 2002, section 161.165, 
 22.31  subdivision 3, is amended to read: 
 22.32     Subd. 3.  [ACTION ON FINAL LAYOUT APPROVED WITH CHANGES.] 
 22.33  (a) If, within 60 days, the appeal board recommends approval of 
 22.34  the final layout with modifications, the commissioner may: 
 22.35     (1) prepare final construction plans with the recommended 
 22.36  modifications, notify the governing body, and proceed with the 
 23.1   project; 
 23.2      (2) decide not to proceed with the project; or 
 23.3      (3) prepare final construction plans substantially similar 
 23.4   to the final layout referred to the appeal board, and proceed 
 23.5   with the project.  The commissioner shall, before proceeding 
 23.6   with the project, file a written report with the governing body 
 23.7   and the appeal board stating fully the reasons for doing so. 
 23.8      (b) If the final construction plans contain changes in 
 23.9   access or, traffic capacity, or toll facilities, or require 
 23.10  additional acquisition of permanent right-of-way from the final 
 23.11  layout reviewed by the appeal board or the governing body, the 
 23.12  commissioner shall resubmit the portion of the final 
 23.13  construction plans that shows the changes, to the governing body 
 23.14  for its approval or disapproval under section 161.164, 
 23.15  subdivision 2. 
 23.16     [EFFECTIVE DATE.] This section is effective the day 
 23.17  following final enactment. 
 23.18     Sec. 36.  Minnesota Statutes 2002, section 161.165, 
 23.19  subdivision 4, is amended to read: 
 23.20     Subd. 4.  [ACTION ON DISAPPROVED FINAL LAYOUT.] (a) If, 
 23.21  within 60 days, the appeal board recommends disapproval of the 
 23.22  final layout, the commissioner may either: 
 23.23     (1) decide not to proceed with the project; or 
 23.24     (2) prepare final construction plans substantially similar 
 23.25  to the final layout referred to the appeal board, notify the 
 23.26  governing body and the appeal board, and proceed with the 
 23.27  project.  Before proceeding with the project, the commissioner 
 23.28  shall file a written report with the governing body and the 
 23.29  appeal board stating fully the reasons for doing so. 
 23.30     (b) If the final construction plans contain changes in 
 23.31  access or, traffic capacity, or toll facilities, or require 
 23.32  additional acquisition of permanent right-of-way from the final 
 23.33  layout reviewed by the appeal board or the governing body, the 
 23.34  commissioner shall resubmit the portion of the final 
 23.35  construction plans that shows the changes, to the governing body 
 23.36  for its approval or disapproval under section 161.164, 
 24.1   subdivision 2. 
 24.2      [EFFECTIVE DATE.] This section is effective the day 
 24.3   following final enactment. 
 24.4      Sec. 37.  Minnesota Statutes 2002, section 161.166, 
 24.5   subdivision 2, is amended to read: 
 24.6      Subd. 2.  [ACTION ON APPROVED FINAL LAYOUT.] If the appeal 
 24.7   board recommends approval of the final layout or does not submit 
 24.8   its findings or recommendations within 60 days of the hearing, 
 24.9   in which case the the final layout is deemed approved, the 
 24.10  commissioner may prepare substantially similar final 
 24.11  construction plans and proceed with the project.  If the final 
 24.12  construction plans change access or, traffic capacity, or toll 
 24.13  facilities, or require additional acquisition of right-of-way 
 24.14  from the final layout approved by the appeal board, the 
 24.15  commissioner shall submit the portion of the final construction 
 24.16  plan that shows the changes, to the governing body for its 
 24.17  approval or disapproval under section 161.164, subdivision 2. 
 24.18     [EFFECTIVE DATE.] This section is effective the day 
 24.19  following final enactment. 
 24.20     Sec. 38.  Minnesota Statutes 2002, section 161.166, 
 24.21  subdivision 3, is amended to read: 
 24.22     Subd. 3.  [ACTION ON FINAL LAYOUT APPROVED WITH CHANGES.] 
 24.23  (a) If the appeal board approves the final layout with 
 24.24  modifications, the commissioner may: 
 24.25     (1) prepare final construction plans including the 
 24.26  modifications, notify the governing body, and proceed with the 
 24.27  project; 
 24.28     (2) decide not to proceed with the project; or 
 24.29     (3) prepare a new final layout and resubmit it to the 
 24.30  governing body for approval or disapproval under section 
 24.31  161.164, subdivision 2. 
 24.32     (b) If the final construction plans contain changes in 
 24.33  access or, traffic capacity, or toll facilities, or require 
 24.34  additional acquisition of permanent right-of-way from the final 
 24.35  layout reviewed by the appeal board or the governing body, the 
 24.36  commissioner shall resubmit the portion of the final 
 25.1   construction plans that shows the changes, to the governing body 
 25.2   for its approval or disapproval under section 161.164, 
 25.3   subdivision 2. 
 25.4      [EFFECTIVE DATE.] This section is effective the day 
 25.5   following final enactment. 
 25.6      Sec. 39.  Minnesota Statutes 2002, section 161.23, 
 25.7   subdivision 3, is amended to read: 
 25.8      Subd. 3.  [LEASING.] The commissioner may lease for the 
 25.9   term between the acquisition and sale thereof and for a fair 
 25.10  rental rate and upon such terms and conditions as the 
 25.11  commissioner deems proper, any excess real estate acquired under 
 25.12  this section, and any real estate acquired in fee for trunk 
 25.13  highway purposes and not presently needed for those purposes.  
 25.14  All rents received from the leases must be paid into the state 
 25.15  treasury.  Seventy percent of the rents must be credited to the 
 25.16  trunk highway fund.  The remaining 30 percent must be paid to 
 25.17  the county treasurer where the real estate is located, and 
 25.18  distributed in the same manner as real estate taxes.  This 
 25.19  subdivision does not apply to real estate leased for the purpose 
 25.20  of providing commercial and public service advertising pursuant 
 25.21  to franchise agreements as provided in sections 160.276 160.272 
 25.22  to 160.278 or to fees collected under section 174.70, 
 25.23  subdivision 2. 
 25.24     Sec. 40.  Minnesota Statutes 2002, section 161.433, 
 25.25  subdivision 2, is amended to read: 
 25.26     Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
 25.27  for the use of airspace or subsurface areas shall be determined 
 25.28  by the commissioner, but in no event shall it be less than a 
 25.29  fair rental rate, and shall include costs for the erection and 
 25.30  maintenance of any facilities or other costs occasioned by that 
 25.31  use.  All moneys received shall be paid into the trunk highway 
 25.32  fund.  This subdivision does not apply to real estate leased for 
 25.33  the purpose of providing commercial and public service 
 25.34  advertising pursuant to franchise agreements as provided in 
 25.35  sections 160.276 160.272 to 160.278.  
 25.36     Sec. 41.  Minnesota Statutes 2002, section 161.434, is 
 26.1   amended to read: 
 26.2      161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
 26.3   LIMITED USE.] 
 26.4      The commissioner may also make such arrangements and 
 26.5   agreements as the commissioner deems necessary in the public 
 26.6   interest for the limited use of land owned as interstate or 
 26.7   trunk highway right-of-way, which use shall be for highway 
 26.8   purposes, including aesthetic purposes, but not including the 
 26.9   erection of permanent buildings, except buildings or structures 
 26.10  erected for the purpose of providing information to travelers 
 26.11  through commercial and public service advertising pursuant to 
 26.12  franchise agreements as provided in sections 160.276 160.272 to 
 26.13  160.278.  The commissioner shall secure the approval of the 
 26.14  appropriate federal agency where such approval is required. 
 26.15     Sec. 42.  Minnesota Statutes 2002, section 162.021, 
 26.16  subdivision 5, is amended to read: 
 26.17     Subd. 5.  [DESIGNATION.] (a) The commissioner may designate 
 26.18  a county state-aid highway as a natural preservation route only 
 26.19  on petition of the county board of the county having 
 26.20  jurisdiction over the road.  Within 60 days after a county board 
 26.21  receives a written request to designate a county state-aid 
 26.22  highway as a natural preservation route, the county board shall 
 26.23  act on the request. 
 26.24     (b) The commissioner shall appoint an advisory committee 
 26.25  for each construction district consisting of seven members:  one 
 26.26  member of the Department of Natural Resources, one county 
 26.27  commissioner, one county highway engineer, one representative of 
 26.28  a recognized environmental organization, and three members of 
 26.29  the public.  The commissioner shall refer each petition received 
 26.30  under this subdivision to the appropriate advisory committee.  
 26.31  The advisory committee shall consider the petition for 
 26.32  designation and make a recommendation to the commissioner.  
 26.33  Following receipt of the committee's recommendation, the 
 26.34  commissioner may designate the highway as a natural preservation 
 26.35  route. 
 26.36     Sec. 43.  Minnesota Statutes 2002, section 164.08, 
 27.1   subdivision 2, is amended to read: 
 27.2      Subd. 2.  [MANDATORY ESTABLISHMENT; CONDITIONS.] (a) Upon 
 27.3   petition presented to the town board by the owner of a tract of 
 27.4   land containing at least five acres, who has no access thereto 
 27.5   except over a navigable waterway or over the lands of others, or 
 27.6   whose access thereto is less than two rods in width, the town 
 27.7   board by resolution shall establish a cartway at least two rods 
 27.8   wide connecting the petitioner's land with a public road.  A 
 27.9   town board shall establish a cartway upon a petition of an owner 
 27.10  of a tract of land that, as of January 1, 1998, was on record as 
 27.11  a separate parcel, contained at least two but less than five 
 27.12  acres, and has no access thereto except over a navigable 
 27.13  waterway or over the lands of others.  The town board may select 
 27.14  an alternative route other than that petitioned for if the 
 27.15  alternative is deemed by the town board to be less disruptive 
 27.16  and damaging to the affected landowners and in the public's best 
 27.17  interest.  
 27.18     (b) In an unorganized territory, the board of county 
 27.19  commissioners of the county in which the tract is located shall 
 27.20  act as the town board.  The proceedings of the town board shall 
 27.21  be in accordance with section 164.07.  
 27.22     (c) The amount of damages shall be paid by the petitioner 
 27.23  to the town before such cartway is opened.  For the purposes of 
 27.24  this subdivision damages shall mean the compensation, if any, 
 27.25  awarded to the owner of the land upon which the cartway is 
 27.26  established together with the cost of professional and other 
 27.27  services, hearing costs, administrative costs, recording costs, 
 27.28  and other costs and expenses which the town may incur in 
 27.29  connection with the proceedings for the establishment of the 
 27.30  cartway.  The town board may by resolution require the 
 27.31  petitioner to post a bond or other security acceptable to the 
 27.32  board for the total estimated damages before the board takes 
 27.33  action on the petition. 
 27.34     (d) Town road and bridge funds shall not be expended on the 
 27.35  cartway unless the town board, or the county board acting as the 
 27.36  town board in the case of a cartway established in an 
 28.1   unorganized territory, by resolution determines that an 
 28.2   expenditure is in the public interest.  If no resolution is 
 28.3   adopted to that effect, the grading or other construction work 
 28.4   and the maintenance of the cartway is the responsibility of the 
 28.5   petitioner, subject to the provisions of section 164.10.  
 28.6      (e) After the cartway has been constructed the town board, 
 28.7   or the county board in the case of unorganized territory, may by 
 28.8   resolution designate the cartway as a private driveway with the 
 28.9   written consent of the affected landowner in which case from the 
 28.10  effective date of the resolution no town road and bridge funds 
 28.11  shall be expended for maintenance of the driveway; provided that 
 28.12  the cartway shall not be vacated without following the vacation 
 28.13  proceedings established under section 164.07. 
 28.14     Sec. 44.  [168.096] [IDENTIFICATION OF HYBRID AND 
 28.15  INHERENTLY LOW EMISSION VEHICLES.] 
 28.16     Subdivision 1.  [DECAL OR OTHER IDENTIFIER.] The registrar 
 28.17  shall issue to the owner of a hybrid vehicle, within the meaning 
 28.18  of section 160.02, subdivision 19a, or an inherently low 
 28.19  emission vehicle, within the meaning of section 160.02, 
 28.20  subdivision 19b, upon request of the owner and upon payment of a 
 28.21  fee established by the commissioner, a distinctive decal or 
 28.22  other identifier to be affixed to the vehicle so as to clearly 
 28.23  distinguish these vehicles from other vehicles.  Each decal or 
 28.24  identifier must display a unique number, which must be printed 
 28.25  on or affixed to the vehicle registration. 
 28.26     Subd. 2.  [VIOLATION.] A person may not operate and may not 
 28.27  own a vehicle that displays a decal or other identifier 
 28.28  described in this section, if that decal or identifier was not 
 28.29  issued for that vehicle.  A violation of this subdivision is a 
 28.30  misdemeanor. 
 28.31     Sec. 45.  Minnesota Statutes 2002, section 168.187, is 
 28.32  amended by adding a subdivision to read: 
 28.33     Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
 28.34  public safety shall refuse to issue a vehicle registration, 
 28.35  license plate, or permit to a vehicle licensed under this 
 28.36  section if the vehicle is assigned to a commercial motor carrier 
 29.1   who has been prohibited from operating in interstate commerce by 
 29.2   a federal agency with authority to do so under federal law. 
 29.3      The commissioner of public safety may revoke the 
 29.4   registration of a vehicle licensed under this section if the 
 29.5   vehicle is assigned to a commercial motor carrier who has been 
 29.6   prohibited from operating in interstate commerce by a federal 
 29.7   agency with authority to do so under federal law. 
 29.8      If the prohibition by the federal agency is rescinded, the 
 29.9   commissioner of public safety may reinstate a vehicle 
 29.10  registration under this section if registration taxes and fees 
 29.11  have been paid.  
 29.12     Sec. 46.  Minnesota Statutes 2002, section 168.33, 
 29.13  subdivision 9, is amended to read: 
 29.14     Subd. 9.  [RULES.] The commissioner of public safety may 
 29.15  adopt rules for administering and enforcing this section.  No 
 29.16  rule adopted under this subdivision takes effect until 
 29.17  specifically approved by law.  
 29.18     Sec. 47.  Minnesota Statutes 2002, section 168A.11, 
 29.19  subdivision 1, is amended to read: 
 29.20     Subdivision 1.  [APPLICATION REQUIREMENTS UPON SUBSEQUENT 
 29.21  TRANSFER.] (a) If A dealer who buys a vehicle and holds it for 
 29.22  resale and procures the certificate of title from the owner, and 
 29.23  complies with subdivision 2 hereof, the dealer need not apply 
 29.24  for a certificate of title, but.  Upon transferring the vehicle 
 29.25  to another person other than by the creation of a security 
 29.26  interest, the dealer shall promptly execute the assignment and 
 29.27  warranty of title by a dealer, showing the names and addresses 
 29.28  of the transferee and of any secured party holding a security 
 29.29  interest created or reserved at the time of the resale, and the 
 29.30  date of the security agreement in the spaces provided therefor 
 29.31  on the certificate of title or secure reassignment.  
 29.32     (b) With respect to motor vehicles subject to the 
 29.33  provisions of section 325E.15, the dealer shall also, in the 
 29.34  space provided therefor on the certificate of title or secure 
 29.35  reassignment, state the true cumulative mileage registered on 
 29.36  the odometer or that the exact mileage is unknown if the 
 30.1   odometer reading is known by the transferor to be different from 
 30.2   the true mileage.  
 30.3      (c) The transferee shall complete the application for title 
 30.4   section on the certificate of title or separate title 
 30.5   application form prescribed by the department.  The dealer shall 
 30.6   mail or deliver the certificate to the registrar or deputy 
 30.7   registrar with the transferee's application for a new 
 30.8   certificate and appropriate taxes and fees, within ten business 
 30.9   days. 
 30.10     (d) With respect to vehicles sold to buyers who will remove 
 30.11  the vehicle from this state, the dealer shall remove any license 
 30.12  plates from the vehicle, issue a 31-day temporary permit 
 30.13  pursuant to section 168.091, and notify the registrar within 48 
 30.14  hours of the sale that the vehicle has been removed from this 
 30.15  state.  The notification must be made in an electronic format 
 30.16  prescribed by the registrar.  The dealer may contract with a 
 30.17  deputy registrar for the notification of sale to an out-of-state 
 30.18  buyer.  The deputy registrar may charge a fee of $7 per 
 30.19  transaction to provide this service.  
 30.20     Sec. 48.  Minnesota Statutes 2002, section 169.01, is 
 30.21  amended by adding a subdivision to read: 
 30.22     Subd. 4c.  [MOTORIZED SCOOTER.] "Motorized scooter" means a 
 30.23  device with handlebars and two ten-inch or smaller diameter 
 30.24  wheels that is designed to be stood or sat upon by the operator, 
 30.25  and is powered by an internal combustion engine or electric 
 30.26  motor that is capable of propelling the device with or without 
 30.27  human propulsion.  An electric personal assistive mobility 
 30.28  device, a motorized bicycle, an electric-assisted bicycle, or a 
 30.29  motorcycle is not a motorized scooter. 
 30.30     Sec. 49.  Minnesota Statutes 2002, section 169.01, is 
 30.31  amended by adding a subdivision to read: 
 30.32     Subd. 91.  [SCHOOL ZONE.] "School zone" means that section 
 30.33  of a street or highway that abuts the grounds of a school where 
 30.34  children have access to the street or highway from the school 
 30.35  property or where an established school crossing is located; 
 30.36  provided, the school advance sign prescribed by the Manual on 
 31.1   Uniform Traffic Control Devices adopted by the commissioner of 
 31.2   transportation pursuant to section 169.06 is in place.  All 
 31.3   signs erected by local authorities to designate speed limits in 
 31.4   school zones must conform to the Manual on Uniform Traffic 
 31.5   Control Devices. 
 31.6      Sec. 50.  Minnesota Statutes 2002, section 169.06, is 
 31.7   amended by adding a subdivision to read: 
 31.8      Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
 31.9   purposes of this subdivision, "traffic signal-override device" 
 31.10  means a device mounted in a motor vehicle that permits 
 31.11  activation of a traffic signal-override system described in 
 31.12  subdivision 5a. 
 31.13     (b) No person may operate a motor vehicle that contains a 
 31.14  traffic signal-override device, other than: 
 31.15     (1) an authorized emergency vehicle described in section 
 31.16  169.01, subdivision 5, clause (1), (2), or (3); 
 31.17     (2) a vehicle engaged in providing regular-route public 
 31.18  transit; 
 31.19     (3) a signal maintenance vehicle of a road authority; or 
 31.20     (4) a vehicle authorized to contain such a device by order 
 31.21  of the commissioner of public safety. 
 31.22     (c) No person may possess a traffic signal-override device, 
 31.23  other than: 
 31.24     (1) a person authorized to operate a vehicle described in 
 31.25  paragraph (b), clauses (1) and (2), but only for use in such a 
 31.26  vehicle; 
 31.27     (2) a person authorized by a road authority to perform 
 31.28  signal maintenance, while engaged in such maintenance; or 
 31.29     (3) a person authorized by order of the commissioner of 
 31.30  public safety to possess such a device, but only to the extent 
 31.31  authorized in the order. 
 31.32     (d) A violation of this subdivision is a misdemeanor. 
 31.33     Sec. 51.  Minnesota Statutes 2002, section 169.13, is 
 31.34  amended by adding a subdivision to read: 
 31.35     Subd. 2a.  [UNLAWFUL SPEED CONTEST.] (a) As used in this 
 31.36  subdivision, "speed contest" means a motor vehicle race against 
 32.1   another motor vehicle, a clock, or other timing device.  
 32.2   However, "speed contest" does not include events in which the 
 32.3   time to cover a prescribed route is measured, but where the 
 32.4   motor vehicle does not exceed the speed limits.  
 32.5      (b) A person who drives a motor vehicle in a speed contest 
 32.6   on a public roadway or who organizes or otherwise facilitates a 
 32.7   speed contest on a public roadway is guilty of a misdemeanor. 
 32.8      (c) This subdivision does not apply to motor sports events 
 32.9   sanctioned by an appropriate entity where public roadways, 
 32.10  public parking lots, public driveways, and public lands, 
 32.11  including, but not limited to, lakes, streams, and rivers are 
 32.12  temporarily closed to the public for use as a motor sports 
 32.13  course.  
 32.14     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
 32.15  and applies to acts committed on or after that date.  
 32.16     Sec. 52.  [169.133] [TELEPHONE USE BY CERTAIN DRIVERS 
 32.17  PROHIBITED.] 
 32.18     Subdivision 1.  [PROHIBITION GENERALLY.] Except as 
 32.19  otherwise provided in this section, a holder of an instruction 
 32.20  permit issued under section 171.05 or a provisional driver's 
 32.21  license issued under section 171.055 shall not operate a motor 
 32.22  vehicle while communicating over, or otherwise operating, a 
 32.23  cellular or wireless telephone, regardless of whether the 
 32.24  telephone must be hand held or may be hands free for its 
 32.25  operation. 
 32.26     Subd. 2.  [EXCEPTIONS FOR PASSENGERS AND AUTHORIZED 
 32.27  EMERGENCY VEHICLES.] Subdivision 1 does not apply to an operator 
 32.28  of an authorized emergency vehicle or to any nonoperator 
 32.29  passenger of a motor vehicle. 
 32.30     Subd. 3.  [AFFIRMATIVE DEFENSE.] A person described in 
 32.31  subdivision 1 may assert as an affirmative defense that the 
 32.32  violation was made for the sole purpose of obtaining emergency 
 32.33  assistance if the person had reason to fear for the life or 
 32.34  safety of any person or to believe that a crime was about to be 
 32.35  committed in the person's proximity. 
 32.36     Sec. 53.  Minnesota Statutes 2002, section 169.14, 
 33.1   subdivision 2, is amended to read: 
 33.2      Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
 33.3   exists, the following speeds shall be are lawful, but any speeds 
 33.4   speed in excess of such these limits shall be is prima facie 
 33.5   evidence that the speed is not reasonable or prudent and that it 
 33.6   is unlawful; except that the speed limit within any municipality 
 33.7   shall be is a maximum limit and any speed in excess thereof 
 33.8   shall be of that limit is unlawful: 
 33.9      (1) 30 miles per hour in an urban district or on a town 
 33.10  road in a rural residential district; 
 33.11     (2) 65 miles per hour on noninterstate freeways and 
 33.12  expressways, as defined in section 160.02, subdivision 19; 
 33.13     (3) 55 miles per hour in locations other than those 
 33.14  specified in this section; 
 33.15     (4) 70 miles per hour on interstate highways outside the 
 33.16  limits of any urbanized area with a population of greater than 
 33.17  50,000 as defined by order of the commissioner of 
 33.18  transportation; 
 33.19     (5) 65 miles per hour on interstate highways inside the 
 33.20  limits of any urbanized area with a population of greater than 
 33.21  50,000 as defined by order of the commissioner of 
 33.22  transportation; 
 33.23     (6) ten miles per hour in alleys alleyways; and 
 33.24     (7) 25 miles per hour in residential roadways if adopted by 
 33.25  the road authority having jurisdiction over the residential 
 33.26  roadway; and 
 33.27     (8) 25 miles per hour in school zones. 
 33.28     (b) A speed limit adopted under paragraph (a), clause (7), 
 33.29  is not effective unless the road authority has erected signs 
 33.30  designating the speed limit and indicating the beginning and end 
 33.31  of the residential roadway on which the speed limit applies. 
 33.32     (c) For purposes of this subdivision, "rural residential 
 33.33  district" means the territory contiguous to and including any 
 33.34  town road within a subdivision or plat of land that is built up 
 33.35  with dwelling houses at intervals of less than 300 feet for a 
 33.36  distance of one-quarter mile or more. 
 34.1      Sec. 54.  Minnesota Statutes 2002, section 169.14, 
 34.2   subdivision 3, is amended to read: 
 34.3      Subd. 3.  [REDUCED SPEED REQUIRED.] (a) The driver of any 
 34.4   vehicle shall, consistent with the requirements, drive at an 
 34.5   appropriate reduced speed when approaching or passing an 
 34.6   authorized emergency vehicle stopped with emergency lights 
 34.7   flashing on any street or highway, when approaching and crossing 
 34.8   an intersection or railway grade crossing, when approaching and 
 34.9   going around a curve, when approaching a hill crest, when 
 34.10  traveling upon any narrow or winding roadway, and when special 
 34.11  hazards exist with respect to pedestrians or other traffic or by 
 34.12  reason of weather or highway conditions.  
 34.13     (b) For purposes of this subdivision, "appropriate reduced 
 34.14  speed" when approaching or passing an emergency vehicle stopped 
 34.15  on a highway with emergency lights flashing is a speed that 
 34.16  allows the driver to control the vehicle to the extent 
 34.17  necessary, up to and including stopping the vehicle, to prevent 
 34.18  a collision, to prevent injury to persons or property, and to 
 34.19  avoid interference with the performance of emergency duties by 
 34.20  emergency personnel. 
 34.21     (c) A person who fails to reduce speed appropriately when 
 34.22  approaching or passing an authorized emergency vehicle stopped 
 34.23  with emergency lights flashing on a street or highway shall be 
 34.24  assessed an additional surcharge equal to the amount of the fine 
 34.25  imposed for the speed violation, but not less than $25, or $75 
 34.26  if illuminated or reflective warning markers have been placed on 
 34.27  the highway within 1,000 feet of the scene of the emergency. 
 34.28     Sec. 55.  Minnesota Statutes 2002, section 169.14, is 
 34.29  amended by adding a subdivision to read: 
 34.30     Subd. 3a.  [DRIVER EDUCATION AND TRAINING PROGRAMS.] The 
 34.31  commissioner of public safety shall take all necessary steps to 
 34.32  ensure that persons enrolled in driver education programs 
 34.33  offered at public schools, and persons enrolled in driver 
 34.34  training programs offered at private and parochial schools and 
 34.35  commercial driver training schools, are instructed as to the 
 34.36  responsibilities of drivers when approaching emergency scenes 
 35.1   and stopped emergency vehicles on highways. 
 35.2      Sec. 56.  Minnesota Statutes 2002, section 169.14, is 
 35.3   amended by adding a subdivision to read: 
 35.4      Subd. 3b.  [CAUSE FOR ARREST; VIOLATION; PENALTY.] (a) A 
 35.5   peace officer may arrest the driver of a motor vehicle if the 
 35.6   peace officer has probable cause to believe that the driver has 
 35.7   operated the vehicle in violation of subdivision 3 at the scene 
 35.8   of an emergency within the past four hours. 
 35.9      (b) If a motor vehicle is operated in violation of 
 35.10  subdivision 3 at the scene of an emergency, the owner of the 
 35.11  vehicle or, for a leased motor vehicle, the lessee of the 
 35.12  vehicle is guilty of a petty misdemeanor.  The owner or lessee 
 35.13  may not be fined under this paragraph if (1) another person is 
 35.14  convicted for that violation, or (2) the motor vehicle was 
 35.15  stolen at the time of the violation.  This paragraph does not 
 35.16  apply to a lessor of a motor vehicle if the lessor keeps a 
 35.17  record of the name and address of the lessee.  This paragraph 
 35.18  does not prohibit or limit the prosecution of a motor vehicle 
 35.19  operator for violating subdivision 3. 
 35.20     Sec. 57.  Minnesota Statutes 2002, section 169.14, 
 35.21  subdivision 4, is amended to read: 
 35.22     Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 
 35.23  as provided in subdivision 5a, on determining upon the basis of 
 35.24  an engineering and traffic investigation that any speed set 
 35.25  forth in this section is greater or less than is reasonable or 
 35.26  safe under the conditions found to exist on any trunk highway or 
 35.27  upon any part thereof, the commissioner may erect appropriate 
 35.28  signs designating a reasonable and safe speed limit thereat, 
 35.29  which speed limit shall be becomes effective when such the signs 
 35.30  are erected there.  Any speeds speed in excess of such these 
 35.31  limits shall be is prima facie evidence that the speed is not 
 35.32  reasonable or prudent and that it is unlawful; except that any 
 35.33  speed limit within any municipality shall be or within any 
 35.34  school zone is a maximum limit and any speed in excess thereof 
 35.35  shall be of that limit is unlawful.  On determining upon that 
 35.36  basis that a part of the trunk highway system outside a 
 36.1   municipality should be a zone of maximum speed limit, the 
 36.2   commissioner may establish that part as such a zone by erecting 
 36.3   appropriate signs showing the beginning and end of the zone, 
 36.4   designating a reasonable and safe speed therefor, which may be 
 36.5   different than the speed set forth in this section, and that it 
 36.6   is a zone of maximum speed limit.  The speed so designated by 
 36.7   the commissioner within any such zone shall be is a maximum 
 36.8   speed limit, and speed in excess of such that limit shall be is 
 36.9   unlawful.  The commissioner may in the same manner from time to 
 36.10  time alter the boundary of such a zone and the speed limit 
 36.11  therein or eliminate such the zone.  
 36.12     Sec. 58.  Minnesota Statutes 2003 Supplement, section 
 36.13  169.14, subdivision 5a, is amended to read: 
 36.14     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 
 36.15  local authorities authority, with the agreement of a school 
 36.16  board or nonpublic school administration, may establish a school 
 36.17  speed limit that is less than 25 miles per hour within a school 
 36.18  zone of a public or nonpublic school upon the basis of an 
 36.19  engineering and traffic investigation as prescribed by the 
 36.20  commissioner of transportation located on a street or highway 
 36.21  within the jurisdiction of the local authority.  The 
 36.22  establishment of a school speed limit that is more than or less 
 36.23  than 25 miles per hour on any trunk highway shall must be with 
 36.24  the consent by agreement of the commissioner of transportation 
 36.25  with the school board or, in the case of a nonpublic school, 
 36.26  with the school's administrator.  Such School speed limits shall 
 36.27  be are in effect when children are present, going to or leaving 
 36.28  school during opening or closing hours or during school recess 
 36.29  periods.  The school speed limit shall not be lower than 15 
 36.30  miles per hour and shall not be more than 30 miles per hour 
 36.31  below the established speed limit on an affected street or 
 36.32  highway. 
 36.33     (b) The school speed limit shall be becomes effective upon 
 36.34  the erection of appropriate signs designating the speed and 
 36.35  indicating the beginning and end of the reduced speed zone.  Any 
 36.36  speed in excess of such the posted school speed limit is 
 37.1   unlawful.  All such These signs shall must be erected by the 
 37.2   local authorities on those streets and highways under their 
 37.3   respective jurisdictions and by the commissioner of 
 37.4   transportation on trunk highways. 
 37.5      (c) For the purpose of this subdivision, "school zone" 
 37.6   means that section of a street or highway which abuts the 
 37.7   grounds of a school where children have access to the street or 
 37.8   highway from the school property or where an established school 
 37.9   crossing is located provided the school advance sign prescribed 
 37.10  by the manual on uniform traffic control devices adopted by the 
 37.11  commissioner of transportation pursuant to section 169.06 is in 
 37.12  place.  All signs erected by local authorities to designate 
 37.13  speed limits in school zones shall conform to the Manual on 
 37.14  Uniform Control Devices. 
 37.15     (d) Notwithstanding section 609.0331 or 609.101 or other 
 37.16  law to the contrary, a person who violates a speed limit 
 37.17  established under this subdivision is assessed an additional 
 37.18  surcharge equal to the amount of the fine imposed for the 
 37.19  violation, but not less than $25. 
 37.20     Sec. 59.  Minnesota Statutes 2002, section 169.18, 
 37.21  subdivision 7, is amended to read: 
 37.22     Subd. 7.  [LANED HIGHWAY.] When any roadway has been 
 37.23  divided into two or more clearly marked lanes for traffic, the 
 37.24  following rules, in addition to all others consistent herewith, 
 37.25  shall apply: 
 37.26     (a) A vehicle shall be driven as nearly as practicable 
 37.27  entirely within a single lane and shall not be moved from such 
 37.28  lane until the driver has first ascertained that such movement 
 37.29  can be made with safety. 
 37.30     (b) Upon a roadway which is not a one-way roadway and which 
 37.31  is divided into three lanes, a vehicle shall not be driven in 
 37.32  the center lane except when overtaking and passing another 
 37.33  vehicle where the roadway is clearly visible and such center 
 37.34  lane is clear of traffic within a safe distance, or in 
 37.35  preparation for a left turn or where such center lane is at the 
 37.36  time allocated exclusively to traffic moving in the direction 
 38.1   the vehicle is proceeding, and is signposted to give notice of 
 38.2   such allocation.  The left lane of a three-lane roadway which is 
 38.3   not a one-way roadway shall not be used for overtaking and 
 38.4   passing another vehicle. 
 38.5      (c) Official signs may be erected directing slow-moving 
 38.6   traffic to use a designated lane or allocating specified lanes 
 38.7   to traffic moving in the same direction, and drivers of vehicles 
 38.8   shall obey the directions of every such sign. 
 38.9      (d) Whenever a bicycle lane has been established on a 
 38.10  roadway, any person operating a motor vehicle on such roadway 
 38.11  shall not drive in the bicycle lane except to park where parking 
 38.12  is permitted, to enter or leave the highway, or to prepare for a 
 38.13  turn as provided in section 169.19, subdivision 1. 
 38.14     (e) A vehicle must be driven in the right-hand lane 
 38.15  according to subdivision 10. 
 38.16     Sec. 60.  Minnesota Statutes 2002, section 169.18, 
 38.17  subdivision 10, is amended to read: 
 38.18     Subd. 10.  [SLOW-MOVING VEHICLE VEHICLES DRIVEN IN 
 38.19  RIGHT-HAND LANE.] (a) Upon all roadways any, including freeways 
 38.20  and expressways as defined in section 160.02, a vehicle 
 38.21  proceeding at less than the normal speed of traffic at the time 
 38.22  and place and under the conditions then existing shall must be 
 38.23  driven in the right-hand lane then available for traffic, or as 
 38.24  close as practicable to the right-hand curb or edge of the 
 38.25  roadway, if safe and practicable to do so, except: 
 38.26     (1) when overtaking and passing another vehicle proceeding 
 38.27  in the same direction, or; 
 38.28     (2) when preparing for a left turn at an intersection or 
 38.29  into a private road or driveway, or; 
 38.30     (3) when a specific lane is designated and posted for a 
 38.31  specific type of traffic; 
 38.32     (4) when necessary to enter or exit an expressway, freeway, 
 38.33  interstate highway, or other controlled-access highway; 
 38.34     (5) when otherwise directed in a highway work zone, as 
 38.35  defined in section 169.14, subdivision 5d; 
 38.36     (6) when otherwise directed by a law enforcement officer; 
 39.1   or 
 39.2      (7) when expressly allowed or required by other law. 
 39.3      (b) The commissioner of transportation shall erect 
 39.4   appropriate signs on interstate highways and freeways to 
 39.5   instruct motorists concerning paragraph (a). 
 39.6      Sec. 61.  [169.225] [MOTORIZED SCOOTER.] 
 39.7      Subdivision 1.  [APPLICATION OF TRAFFIC LAWS.] Every person 
 39.8   operating a motorized scooter shall have all rights and duties 
 39.9   applicable to the operator of a bicycle, except in respect to 
 39.10  those provisions relating expressly to motorized scooters and in 
 39.11  respect to those provisions of law that by their nature cannot 
 39.12  reasonably be applied to motorized scooters.  
 39.13     Subd. 2.  [SIDEWALK AND PASSENGER PROHIBITION.] No person 
 39.14  shall operate a motorized scooter upon a sidewalk, except when 
 39.15  necessary to enter or leave adjacent property.  No person shall 
 39.16  operate a motorized scooter that is carrying any person other 
 39.17  than the operator.  
 39.18     Subd. 3.  [MINIMUM AGE FOR OPERATOR.] No person under the 
 39.19  age of 12 years may operate a motorized scooter on a public road 
 39.20  or public right-of-way.  
 39.21     Subd. 4.  [PROTECTIVE HEADGEAR.] No person under the age of 
 39.22  18 years may operate a motorized scooter without wearing 
 39.23  properly fitted and fastened protective headgear that complies 
 39.24  with standards established by the commissioner of public safety. 
 39.25     Subd. 5.  [REQUIRED LIGHTING EQUIPMENT.] A motorized 
 39.26  scooter must be equipped with a headlight and a taillight that 
 39.27  comply with standards established by the commissioner of public 
 39.28  safety if the vehicle is operated under conditions when vehicle 
 39.29  lights are required by law.  
 39.30     Subd. 6.  [OPERATION REQUIREMENTS AND PROHIBITIONS.] (a) A 
 39.31  person operating a motorized scooter on a roadway shall ride as 
 39.32  close as practicable to the right-hand curb or edge of the 
 39.33  roadway, except in the following situations: 
 39.34     (1) when overtaking and passing another vehicle proceeding 
 39.35  in the same direction; 
 39.36     (2) when preparing for a left turn, in which case the 
 40.1   operator shall stop and dismount at the right-hand curb or right 
 40.2   edge of the roadway, and shall complete the turn by crossing the 
 40.3   roadway on foot, subject to restrictions placed by law on 
 40.4   pedestrians; or 
 40.5      (3) when reasonably necessary to avoid impediments or 
 40.6   conditions that make it unsafe to continue along the right-hand 
 40.7   curb or edge, including, but not limited to, fixed or moving 
 40.8   objects, vehicles, bicycles, pedestrians, animals, surface 
 40.9   hazards, or narrow lanes. 
 40.10     (b) A person who is 12 years old or older may operate a 
 40.11  motorized scooter on a bicycle path, bicycle lane, bicycle 
 40.12  trail, or bikeway that is not reserved for the exclusive use of 
 40.13  nonmotorized traffic, unless the local authority or governing 
 40.14  body having jurisdiction over that path, lane, trail, or bikeway 
 40.15  prohibits operation by law. 
 40.16     Sec. 62.  Minnesota Statutes 2003 Supplement, section 
 40.17  169.28, subdivision 1, is amended to read: 
 40.18     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 40.19  motor vehicle carrying passengers for hire, or of any school bus 
 40.20  whether carrying passengers or not, or of any Head Start bus 
 40.21  whether carrying passengers or not, or of any vehicle that is 
 40.22  required to stop at railroad grade crossings under Code of 
 40.23  Federal Regulations, title 49, section 392.10, before crossing 
 40.24  at grade any track or tracks of a railroad, shall stop the 
 40.25  vehicle not less than 15 feet nor more than 50 feet from the 
 40.26  nearest rail of the railroad and while so stopped shall listen 
 40.27  and look in both directions along the track for any approaching 
 40.28  train, and for signals indicating the approach of a train, 
 40.29  except as hereinafter provided, and shall not proceed until safe 
 40.30  to do so.  The driver must not shift gears while crossing the 
 40.31  railroad tracks.  
 40.32     (b) A school bus or Head Start bus shall not be flagged 
 40.33  across railroad grade crossings except at those railroad grade 
 40.34  crossings that the local school administrative officer may 
 40.35  designate. 
 40.36     (c) A type III school bus, as defined in section 169.01, is 
 41.1   exempt from the requirement of school buses to stop at railroad 
 41.2   grade crossings. 
 41.3      (d) The requirements of this subdivision do not apply to 
 41.4   the crossing of light rail vehicle track or tracks that are 
 41.5   located in a public street when: 
 41.6      (1) the crossing occurs within the intersection of two or 
 41.7   more public streets; 
 41.8      (2) the intersection is controlled by a traffic control 
 41.9   signal; and 
 41.10     (3) the intersection is marked with signs indicating to 
 41.11  drivers that the requirements of this subdivision do not apply.  
 41.12  Notwithstanding any other provision of law, the owner or 
 41.13  operator of the track or tracks is authorized to place, 
 41.14  maintain, and display the signs upon and in the view of the 
 41.15  public street or streets. 
 41.16     Sec. 63.  [169.355] [LEAVING UNATTENDED CHILD IN MOTOR 
 41.17  VEHICLE.] 
 41.18     Subdivision 1.  [REQUIREMENT OF SUPERVISION OF YOUNG 
 41.19  CHILD.] A parent, legal guardian, or other person responsible 
 41.20  for a child who is eight years old or younger may not leave the 
 41.21  child inside a motor vehicle if the child is not subject to the 
 41.22  supervision of a person 14 years old or older, when: 
 41.23     (1) conditions present a significant risk to the child's 
 41.24  health or safety.  The absence of the parent, guardian, or 
 41.25  responsible person from the vicinity of the motor vehicle, shall 
 41.26  not in itself, be deemed to create a significant risk to a 
 41.27  child's health or safety; or 
 41.28     (2) the vehicle's engine is running or the vehicle's keys 
 41.29  are in the ignition, or both. 
 41.30     Subd. 2.  [VIOLATION.] A violation of subdivision 1 is 
 41.31  punishable by a fine of not less than $150 for a first offense 
 41.32  and not less than $300 for a subsequent offense.  The court may 
 41.33  reduce or waive the fine if the violator is economically 
 41.34  disadvantaged and attends a community education program that 
 41.35  includes education on the dangers of leaving young children 
 41.36  unattended in motor vehicles, and certifies completion of the 
 42.1   program.  The violator shall submit the certification to the 
 42.2   court.  The court may require any violator described in this 
 42.3   section to attend an education program on the dangers of leaving 
 42.4   young children unattended in motor vehicles.  Nothing in this 
 42.5   section shall preclude prosecution under both this section or 
 42.6   any other provision of law. 
 42.7      Subd. 3.  [ALLOCATION OF FINES.] Notwithstanding any other 
 42.8   provision of law, the fines collected for a violation of this 
 42.9   section shall be paid by the person collecting the fines to the 
 42.10  treasurer of the county where the violation occurred and 
 42.11  allocated by the county treasurer, as follows: 
 42.12     (1) 70 percent to the county or city health department 
 42.13  where the violation occurred, to be used by the health 
 42.14  department or by a person or organization under contract with 
 42.15  the health department for the development and implementation of 
 42.16  community education programs on the dangers of leaving young 
 42.17  children unattended in motor vehicles.  Each county and city 
 42.18  health department shall prepare and annually update a list of 
 42.19  community education programs that provide information on the 
 42.20  dangers of leaving young children unattended in motor vehicles 
 42.21  and ways to avoid that danger.  The county or city health 
 42.22  department shall forward the list to the courts and shall make 
 42.23  the list available to the public; 
 42.24     (2) 15 percent to the county or city for the administration 
 42.25  of the program and for the county's costs to account for and 
 42.26  disburse fine revenues; and 
 42.27     (3) 15 percent to the city to be deposited in its general 
 42.28  fund, except that if the violation occurred in an unincorporated 
 42.29  area, this amount shall be deposited in the county's general 
 42.30  fund. 
 42.31     Sec. 64.  Minnesota Statutes 2002, section 169.448, is 
 42.32  amended by adding a subdivision to read: 
 42.33     Subd. 4.  [DAY ACTIVITY CENTER BUSES.] Notwithstanding 
 42.34  subdivision 1, a vehicle used to transport adults to and from a 
 42.35  day activity center may be equipped with prewarning flashing 
 42.36  amber signals and a stop-signal arm, and the operator of the 
 43.1   vehicle may activate this equipment under the following 
 43.2   circumstances: 
 43.3      (1) the operator possesses a commercial driver's license 
 43.4   with a school bus endorsement; 
 43.5      (2) the vehicle is engaged in picking up or dropping off 
 43.6   adults at locations predesignated by the day activity center 
 43.7   that owns or leases the bus; 
 43.8      (3) the vehicle is identified as a "day activity center 
 43.9   bus" in letters at least eight inches high on the front and rear 
 43.10  top of the bus; and 
 43.11     (4) the name, address, and telephone number of the owner 
 43.12  and operator of the bus is identified on each front door of the 
 43.13  bus in letters not less than three inches high. 
 43.14     The provisions of section 169.444 relating to duties of 
 43.15  care of a motorist to a school bus, and violations thereof, 
 43.16  apply to a vehicle described in this section when the vehicle is 
 43.17  operated in conformity with this subdivision.  The provisions of 
 43.18  section 169.443 relating to bus driver's duties apply to a 
 43.19  vehicle described in this section except those which by their 
 43.20  nature have no application. 
 43.21     Sec. 65.  Minnesota Statutes 2002, section 169.685, 
 43.22  subdivision 5, is amended to read: 
 43.23     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
 43.24  vehicle operator, when transporting a child under the age of 
 43.25  four subject to the requirements of paragraph (b) on the streets 
 43.26  and highways of this state in a motor vehicle equipped with 
 43.27  factory-installed seat belts, shall equip and install for use in 
 43.28  the motor vehicle, according to the manufacturer's instructions, 
 43.29  a child passenger restraint system or a booster seat meeting 
 43.30  federal motor vehicle safety standards.  
 43.31     (b) No motor vehicle operator who is operating a motor 
 43.32  vehicle on the streets and highways of this state may transport: 
 43.33     (1) a child under the age of four in a seat of a motor 
 43.34  vehicle equipped with a factory-installed seat belt, unless the 
 43.35  child is properly fastened in the child passenger restraint 
 43.36  system; or 
 44.1      (2) a child four years of age or older, but less than nine 
 44.2   years of age, unless the child is 57 or more inches in height, 
 44.3   if the child is not properly fastened in a booster seat. 
 44.4   Any motor vehicle operator who violates this subdivision is 
 44.5   guilty of a petty misdemeanor and may be sentenced to pay a fine 
 44.6   of not more than $50.  The fine may be waived or the amount 
 44.7   reduced if the motor vehicle operator produces evidence that 
 44.8   within 14 days after the date of the violation a child passenger 
 44.9   restraint system or booster seat meeting federal motor vehicle 
 44.10  safety standards was purchased or obtained for the exclusive use 
 44.11  of the operator.  
 44.12     (c) The fines collected for violations of this subdivision 
 44.13  must be deposited in the state treasury and credited to a 
 44.14  special account to be known as the Minnesota child passenger 
 44.15  restraint and education account. 
 44.16     Sec. 66.  Minnesota Statutes 2002, section 169.685, 
 44.17  subdivision 6, is amended to read: 
 44.18     Subd. 6.  [EXCEPTIONS.] (a) This section does not apply to: 
 44.19     (1) a person transporting a child in an emergency medical 
 44.20  vehicle while in the performance of official duties and when the 
 44.21  physical or medical needs of the child make the use of a child 
 44.22  passenger restraint system or booster seat unreasonable or when 
 44.23  a child passenger restraint system or booster seat is not 
 44.24  available; 
 44.25     (2) a peace officer transporting a child while in the 
 44.26  performance of official duties and when a child passenger 
 44.27  restraint system or booster seat is not available, provided that 
 44.28  a seat belt must be substituted; and 
 44.29     (3) a person while operating a motor vehicle for hire, 
 44.30  including a taxi, airport limousine, and bus, but excluding a 
 44.31  rented, leased, or borrowed motor vehicle. 
 44.32     (b) A child passenger restraint system or booster seat is 
 44.33  not required for a child who cannot, in the judgment of a 
 44.34  licensed physician, be safely transported in a child passenger 
 44.35  restraint system or booster seat because of a medical condition, 
 44.36  body size, or physical disability.  A motor vehicle operator 
 45.1   claiming exemption for a child under this paragraph must possess 
 45.2   a typewritten statement from the physician stating that the 
 45.3   child cannot be safely transported in a child passenger 
 45.4   restraint system or booster seat.  The statement must give the 
 45.5   name and birth date of the child, be dated within the previous 
 45.6   six months, and be made on the physician's letterhead or contain 
 45.7   the physician's name, address, and telephone number.  A person 
 45.8   charged with violating subdivision 5 may not be convicted if the 
 45.9   person produces the physician's statement in court or in the 
 45.10  office of the arresting officer. 
 45.11     (c) A person offering a motor vehicle for rent or lease 
 45.12  shall provide a child passenger restraint device or booster seat 
 45.13  to a customer renting or leasing the motor vehicle who requests 
 45.14  the device upon request of the customer.  A reasonable rent or 
 45.15  fee may be charged for use of the child passenger restraint 
 45.16  device or booster seat. 
 45.17     Sec. 67.  Minnesota Statutes 2002, section 169.685, 
 45.18  subdivision 7, is amended to read: 
 45.19     Subd. 7.  [APPROPRIATION; SPECIAL ACCOUNT; LEGISLATIVE 
 45.20  REPORT.] The Minnesota child passenger restraint, booster seat, 
 45.21  and education account is created in the state treasury, 
 45.22  consisting of fines collected under subdivision 5 and other 
 45.23  money appropriated or donated.  The money in the account is 
 45.24  annually appropriated to the commissioner of public safety, to 
 45.25  be used to provide child passenger restraint systems and booster 
 45.26  seats to families in financial need and to provide an 
 45.27  educational program on the need for and proper use of child 
 45.28  passenger restraint systems and booster seats.  The commissioner 
 45.29  shall report to the legislature by February 1 of each 
 45.30  odd-numbered year on the commissioner's activities and 
 45.31  expenditure of funds under this section. 
 45.32     Sec. 68.  Minnesota Statutes 2002, section 169.686, 
 45.33  subdivision 1, is amended to read: 
 45.34     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
 45.35  adjusted and fastened seat belt, including both the shoulder and 
 45.36  lap belt when the vehicle is so equipped, shall be worn by: 
 46.1      (1) the driver and passenger of a passenger vehicle or 
 46.2   commercial motor vehicle; 
 46.3      (2) a passenger riding in the front seat of a passenger 
 46.4   vehicle or commercial motor vehicle; and 
 46.5      (3) a passenger riding in any seat of a passenger vehicle 
 46.6   who is older than three but younger than 11 years of age. 
 46.7      (b) A person who is 15 years of age or older and who 
 46.8   violates paragraph (a), clause (1) or (2), is subject to a fine 
 46.9   of $25 $50.  The driver of the passenger vehicle or commercial 
 46.10  motor vehicle in which the a violation of paragraph (a) occurred 
 46.11  by a passenger under the age of 15 is subject to a $25 $50 fine 
 46.12  for a violation of paragraph (a), clause (2) or (3), by a child 
 46.13  of the driver under the age of 15 or any child under the age of 
 46.14  11.  A peace officer may not issue a citation for a violation of 
 46.15  this section unless the officer lawfully stopped or detained the 
 46.16  driver of the motor vehicle for a moving violation other than a 
 46.17  violation involving motor vehicle equipment.  The Department of 
 46.18  Public Safety shall not record a violation of this subdivision 
 46.19  on a person's driving record. 
 46.20     Sec. 69.  Minnesota Statutes 2002, section 169.686, 
 46.21  subdivision 3, is amended to read: 
 46.22     Subd. 3.  [APPROPRIATION; SPECIAL ACCOUNT.] The fines (a) 
 46.23  From each fine collected for a violation of subdivision 1, $25 
 46.24  must be deposited in the state treasury and credited to a 
 46.25  special account to be known as the emergency medical services 
 46.26  relief account.  Ninety percent of the money in the account 
 46.27  shall be distributed to the eight regional emergency medical 
 46.28  services systems designated by the Emergency Medical Services 
 46.29  Regulatory Board under section 144E.50, for personnel education 
 46.30  and training, equipment and vehicle purchases, and operational 
 46.31  expenses of emergency life support transportation services.  The 
 46.32  board of directors of each emergency medical services region 
 46.33  shall establish criteria for funding.  Ten percent of the money 
 46.34  in the account shall be distributed to the commissioner of 
 46.35  public safety for the expenses of traffic safety educational 
 46.36  programs conducted by State Patrol troopers. 
 47.1      (b) The remaining amount of each fine collected for a 
 47.2   violation of subdivision 1 must be paid to the treasurer of the 
 47.3   county in which the violation occurred and used for 
 47.4   detoxification services for drug-dependent persons provided by 
 47.5   the county as required by law. 
 47.6      Sec. 70.  Minnesota Statutes 2002, section 169.81, is 
 47.7   amended by adding a subdivision to read: 
 47.8      Subd. 3e.  [ARTICULATED BUSES.] Notwithstanding subdivision 
 47.9   2, a motor carrier of passengers registered under section 
 47.10  221.0252 may operate without a permit an articulated bus of up 
 47.11  to 61 feet in length.  
 47.12     Sec. 71.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
 47.13  PRODUCTS.] 
 47.14     A vehicle or combination of vehicles hauling raw or 
 47.15  unfinished forest products, including wood chips, by the most 
 47.16  direct route to the nearest highway that has been designated 
 47.17  under section 169.832, subdivision 11, may be operated on any 
 47.18  highway with gross weights permitted under sections 169.822 to 
 47.19  169.829 without regard to load restrictions imposed on that 
 47.20  highway, except that such vehicles must: 
 47.21     (1) comply with seasonal load restrictions in effect 
 47.22  between the dates set by the commissioner under section 169.87, 
 47.23  subdivision 2; 
 47.24     (2) comply with bridge load limits posted under section 
 47.25  169.84; 
 47.26     (3) be equipped and operated with six axles and brakes; 
 47.27     (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
 47.28  gross weight during the time when seasonal increases are 
 47.29  authorized under section 169.826; 
 47.30     (5) not be operated on interstate and defense highways; 
 47.31     (6) obtain an annual permit from the commissioner of 
 47.32  transportation; and 
 47.33     (7) obey all road postings. 
 47.34     Sec. 72.  Minnesota Statutes 2003 Supplement, section 
 47.35  169.86, subdivision 5, is amended to read: 
 47.36     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 48.1   commissioner, with respect to highways under the commissioner's 
 48.2   jurisdiction, may charge a fee for each permit issued.  All such 
 48.3   fees for permits issued by the commissioner of transportation 
 48.4   shall be deposited in the state treasury and credited to the 
 48.5   trunk highway fund.  Except for those annual permits for which 
 48.6   the permit fees are specified elsewhere in this chapter, the 
 48.7   fees shall be: 
 48.8      (a) $15 for each single trip permit. 
 48.9      (b) $36 for each job permit.  A job permit may be issued 
 48.10  for like loads carried on a specific route for a period not to 
 48.11  exceed two months.  "Like loads" means loads of the same 
 48.12  product, weight, and dimension. 
 48.13     (c) $60 for an annual permit to be issued for a period not 
 48.14  to exceed 12 consecutive months.  Annual permits may be issued 
 48.15  for: 
 48.16     (1) motor vehicles used to alleviate a temporary crisis 
 48.17  adversely affecting the safety or well-being of the public; 
 48.18     (2) motor vehicles which travel on interstate highways and 
 48.19  carry loads authorized under subdivision 1a; 
 48.20     (3) motor vehicles operating with gross weights authorized 
 48.21  under section 169.826, subdivision 1a; 
 48.22     (4) special pulpwood vehicles described in section 169.863; 
 48.23     (5) motor vehicles bearing snowplow blades not exceeding 
 48.24  ten feet in width; and 
 48.25     (6) noncommercial transportation of a boat by the owner or 
 48.26  user of the boat. 
 48.27     (d) $120 for an oversize annual permit to be issued for a 
 48.28  period not to exceed 12 consecutive months.  Annual permits may 
 48.29  be issued for:  
 48.30     (1) mobile cranes; 
 48.31     (2) construction equipment, machinery, and supplies; 
 48.32     (3) manufactured homes; 
 48.33     (4) implements of husbandry when the movement is not made 
 48.34  according to the provisions of paragraph (i); 
 48.35     (5) double-deck buses; 
 48.36     (6) commercial boat hauling.  
 49.1      (e) For vehicles which have axle weights exceeding the 
 49.2   weight limitations of sections 169.822 to 169.829, an additional 
 49.3   cost added to the fees listed above.  However, this paragraph 
 49.4   applies to any vehicle described in section 168.013, subdivision 
 49.5   3, paragraph (b), but only when the vehicle exceeds its gross 
 49.6   weight allowance set forth in that paragraph, and then the 
 49.7   additional cost is for all weight, including the allowance 
 49.8   weight, in excess of the permitted maximum axle weight.  The 
 49.9   additional cost is equal to the product of the distance traveled 
 49.10  times the sum of the overweight axle group cost factors shown in 
 49.11  the following chart:  
 49.12                 Overweight Axle Group Cost Factors 
 49.13  Weight (pounds)         Cost Per Mile For Each Group Of:
 49.14  exceeding       Two consec-     Three consec-   Four consec-
 49.15  weight          utive axles     utive axles     utive axles
 49.16  limitations     spaced within   spaced within   spaced within
 49.17  on axles        8 feet or less  9 feet or less  14 feet or less 
 49.18       0-2,000    .12             .05             .04
 49.19   2,001-4,000    .14             .06             .05
 49.20   4,001-6,000    .18             .07             .06
 49.21   6,001-8,000    .21             .09             .07
 49.22   8,001-10,000   .26             .10             .08
 49.23  10,001-12,000   .30             .12             .09
 49.24  12,001-14,000   Not permitted   .14             .11
 49.25  14,001-16,000   Not permitted   .17             .12
 49.26  16,001-18,000   Not permitted   .19             .15
 49.27  18,001-20,000   Not permitted   Not permitted   .16
 49.28  20,001-22,000   Not permitted   Not permitted   .20
 49.29  The amounts added are rounded to the nearest cent for each axle 
 49.30  or axle group.  The additional cost does not apply to paragraph 
 49.31  (c), clauses (1) and (3).  
 49.32  For a vehicle found to exceed the appropriate maximum permitted 
 49.33  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 49.34  a ton, over the permitted maximum weight is imposed in addition 
 49.35  to the normal permit fee.  Miles must be calculated based on the 
 49.36  distance already traveled in the state plus the distance from 
 50.1   the point of detection to a transportation loading site or 
 50.2   unloading site within the state or to the point of exit from the 
 50.3   state. 
 50.4      (f) As an alternative to paragraph (e), an annual permit 
 50.5   may be issued for overweight, or oversize and overweight, 
 50.6   construction equipment, machinery, and supplies.  The fees for 
 50.7   the permit are as follows:  
 50.8   Gross Weight (pounds) of Vehicle          Annual Permit Fee
 50.9        90,000 or less                             $200
 50.10       90,001 - 100,000                           $300
 50.11      100,001 - 110,000                           $400
 50.12      110,001 - 120,000                           $500
 50.13      120,001 - 130,000                           $600
 50.14      130,001 - 140,000                           $700
 50.15      140,001 - 145,000                           $800
 50.16  If the gross weight of the vehicle is more than 145,000 pounds 
 50.17  the permit fee is determined under paragraph (e). 
 50.18     (g) For vehicles which exceed the width limitations set 
 50.19  forth in section 169.80 by more than 72 inches, an additional 
 50.20  cost equal to $120 added to the amount in paragraph (a) when the 
 50.21  permit is issued while seasonal load restrictions pursuant to 
 50.22  section 169.87 are in effect. 
 50.23     (h) $85 for an annual permit to be issued for a period not 
 50.24  to exceed 12 months, for refuse-compactor vehicles that carry a 
 50.25  gross weight of not more than:  22,000 pounds on a single rear 
 50.26  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 50.27  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 50.28  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 50.29  axle must limit the gross vehicle weight to not more than 62,000 
 50.30  pounds. 
 50.31     (i) For vehicles exclusively transporting implements of 
 50.32  husbandry, an annual permit fee of $24.  A vehicle operated 
 50.33  under a permit authorized by this paragraph may be moved at the 
 50.34  discretion of the permit holder without prior route approval by 
 50.35  the commissioner if: 
 50.36     (1) the total width of the transporting vehicle, including 
 51.1   load, does not exceed 14 feet; 
 51.2      (2) the vehicle is operated only between sunrise and 30 
 51.3   minutes after sunset, and is not operated at any time after 
 51.4   12:00 noon on Sundays or holidays; 
 51.5      (3) the vehicle is not operated when visibility is impaired 
 51.6   by weather, fog, or other conditions that render persons and 
 51.7   other vehicles not clearly visible at 500 feet; 
 51.8      (4) the vehicle displays at the front and rear of the load 
 51.9   or vehicle a pair of flashing amber lights, as provided in 
 51.10  section 169.59, subdivision 4, whenever the overall width of the 
 51.11  vehicle exceeds 126 inches; and 
 51.12     (5) the vehicle is not operated on a trunk highway with a 
 51.13  surfaced roadway width of less than 24 feet unless such 
 51.14  operation is authorized by the permit. 
 51.15  A permit under this paragraph authorizes movements of the 
 51.16  permitted vehicle on an interstate highway, and movements of 75 
 51.17  miles or more on other highways. 
 51.18     (j) $300 for a motor vehicle described in section 
 51.19  169.8261.  The fee under this paragraph must be deposited as 
 51.20  follows: 
 51.21     (1) in fiscal years 2005 through 2010: 
 51.22     (i) the first $50,000 in each fiscal year must be deposited 
 51.23  in the trunk highway fund for costs related to administering the 
 51.24  permit program and inspecting and posting bridges; 
 51.25     (ii) all remaining money in each fiscal year must be 
 51.26  deposited in a bridge inspection and signing account in the 
 51.27  special revenue fund.  Money in the account is appropriated to 
 51.28  the commissioner for: 
 51.29     (A) inspection of local bridges and identification of local 
 51.30  bridges to be posted, including contracting with a consultant 
 51.31  for some or all of these functions; and 
 51.32     (B) erection of weight posting signs on local bridges; and 
 51.33     (iii) money in excess of the amounts needed for the 
 51.34  purposes stated in items (i) and (ii) must be appropriated to 
 51.35  the commissioner to reimburse local costs of maintenance and 
 51.36  repair of county highways and town roads impacted by vehicles 
 52.1   described in section 169.8261.  The commissioner shall define 
 52.2   criteria and an application process for reimbursement under this 
 52.3   clause; and 
 52.4      (2) in fiscal year 2011 and subsequent years: 
 52.5      (i) the first $50,000 in each fiscal year must be deposited 
 52.6   in the trunk highway fund and appropriated to the commissioner 
 52.7   for costs relating to administering the permit program; and 
 52.8      (ii) money in excess of the amount needed for the purpose 
 52.9   stated in item (i) must be appropriated to the commissioner to 
 52.10  reimburse local costs of maintenance and repair of county 
 52.11  highways and town roads impacted by vehicles described in 
 52.12  section 169.8261. 
 52.13     Sec. 73.  Minnesota Statutes 2002, section 169.87, 
 52.14  subdivision 5, is amended to read: 
 52.15     Subd. 5.  [UTILITY VEHICLES.] (a) Weight restrictions 
 52.16  imposed by the commissioner under subdivision subdivisions 1 and 
 52.17  2 do not apply to a two-axle or three-axle utility vehicle that 
 52.18  does not exceed a weight of 20,000 pounds per single axle and 
 52.19  36,000 pounds gross vehicle weight for a two-axle vehicle or 
 52.20  48,000 pounds gross vehicle weight for a three-axle vehicle, if 
 52.21  the vehicle is owned by: 
 52.22     (1) a public utility as defined in section 216B.02; 
 52.23     (2) a municipality or municipal utility that operates the 
 52.24  vehicle for its municipal electric, gas, or water system; or 
 52.25     (3) a cooperative electric association organized under 
 52.26  chapter 308A. 
 52.27     (b) The exemption in this subdivision applies only when the 
 52.28  vehicle is performing service restoration or other work 
 52.29  necessary to prevent an imminent loss of service. 
 52.30     Sec. 74.  Minnesota Statutes 2002, section 169.87, 
 52.31  subdivision 6, is amended to read: 
 52.32     Subd. 6.  [RECYCLING AND GARBAGE VEHICLES.] (a) Except as 
 52.33  provided in paragraph (b), weight restrictions imposed under 
 52.34  subdivisions 1 and 2 do not apply to a two-axle vehicle that 
 52.35  does not exceed 20,000 pounds per single axle and is designed 
 52.36  and used exclusively for recycling, while engaged in recycling 
 53.1   in a political subdivision that mandates curbside recycling 
 53.2   pickup. 
 53.3      (b) Until July 1, 2005, weight restrictions imposed under 
 53.4   subdivisions 1 and 2 do not apply to (1) a vehicle that does not 
 53.5   exceed 14,000 pounds per single axle and is used exclusively for 
 53.6   recycling as described in paragraph (a), or (2) a vehicle that 
 53.7   does not exceed 14,000 pounds per single axle and is designed 
 53.8   and used exclusively for collecting mixed municipal solid waste, 
 53.9   as defined in section 115A.03, subdivision 21, while engaged in 
 53.10  such collection. 
 53.11     (c) Notwithstanding section 169.80, subdivision 1, a 
 53.12  violation of weight restrictions imposed under subdivisions 1 
 53.13  and 2 by a vehicle designed and used exclusively for recycling 
 53.14  while engaged in recycling in a political subdivision that 
 53.15  mandates curbside recycling pickup while engaged in such 
 53.16  collection, or by a vehicle that is designed and used 
 53.17  exclusively for collecting mixed municipal solid waste as 
 53.18  defined in section 115A.03, subdivision 21, while engaged in 
 53.19  such collection, is not subject to criminal penalties but is 
 53.20  subject to a civil penalty for excess weight under section 
 53.21  169.871. 
 53.22     [EFFECTIVE DATE.] This section is effective the day 
 53.23  following final enactment. 
 53.24     Sec. 75.  Minnesota Statutes 2002, section 169A.55, is 
 53.25  amended by adding a subdivision to read: 
 53.26     Subd. 3.  [REINSTATEMENT OF PROVISIONAL LICENSE.] The 
 53.27  commissioner shall not issue a provisional or regular driver's 
 53.28  license to a person whose provisional driver's license was 
 53.29  revoked for conviction as a juvenile of violating section 
 53.30  169A.20, 169A.33, or 169A.35; a provision of sections 169A.50 to 
 53.31  169A.53; or a crash-related moving violation, until the person, 
 53.32  following the violation, reaches the age of 18 and 
 53.33  satisfactorily: 
 53.34     (1) completes a formal course in driving instruction 
 53.35  approved by the commissioner of public safety; 
 53.36     (2) completes an additional three months' experience 
 54.1   operating a motor vehicle, as documented to the satisfaction of 
 54.2   the commissioner; 
 54.3      (3) completes the written examination for a driver's 
 54.4   license with a passing score; and 
 54.5      (4) complies with all other laws for reinstatement of a 
 54.6   provisional or regular driver's license, as applicable. 
 54.7      [EFFECTIVE DATE.] This section is effective the day 
 54.8   following final enactment. 
 54.9      Sec. 76.  Minnesota Statutes 2002, section 171.02, 
 54.10  subdivision 2, is amended to read: 
 54.11     Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
 54.12  EXEMPTIONS.] (a) Drivers' licenses shall be classified according 
 54.13  to the types of vehicles which may be driven by the holder of 
 54.14  each type or class of license.  The commissioner may, as 
 54.15  appropriate, subdivide the classes listed in this subdivision 
 54.16  and issue licenses classified accordingly.  Except as provided 
 54.17  in subdivision 2a, no class of license shall be valid to operate 
 54.18  a motorcycle, school bus, tank vehicle, double-trailer or 
 54.19  triple-trailer combination, vehicle transporting hazardous 
 54.20  materials, or bus, unless so endorsed. 
 54.21  There shall be four general classes of licenses as follows: 
 54.22     (b) Class D; valid for: 
 54.23     (1) operating all farm trucks operated by (i) the owner, 
 54.24  (ii) an immediate family member of the owner, (iii) an employee 
 54.25  of the owner not primarily employed to operate the farm truck, 
 54.26  within 150 miles of the farm, or (iv) an employee of the owner 
 54.27  employed during harvest to operate the farm truck for the first, 
 54.28  continuous transportation of agricultural products from the 
 54.29  production site or on-farm storage site to any other location 
 54.30  within 50 miles of that site; 
 54.31     (2) operating fire trucks and emergency fire equipment, 
 54.32  whether or not in excess of 26,000 pounds gross vehicle weight, 
 54.33  operated by a firefighter while on duty, or a tiller operator 
 54.34  employed by a fire department who drives the rear portion of a 
 54.35  midmount aerial ladder truck; 
 54.36     (3) operating recreational equipment as defined in section 
 55.1   168.011, subdivision 25, that is operated for personal use; 
 55.2      (4) operating all single-unit vehicles except vehicles with 
 55.3   a gross vehicle weight of more than 26,000 pounds, vehicles 
 55.4   designed to carry more than 15 passengers including the driver, 
 55.5   and vehicles that carry hazardous materials; and 
 55.6      (5) notwithstanding paragraph (c), operating a type A 
 55.7   school bus without a school bus endorsement if: 
 55.8      (i) the bus has a gross vehicle weight of 10,000 pounds or 
 55.9   less; 
 55.10     (ii) the bus is designed to transport 15 or fewer 
 55.11  passengers, including the driver; and 
 55.12     (iii) the requirements of subdivision 2a, paragraph (b), 
 55.13  are satisfied, as determined by the commissioner. 
 55.14  The holder of a class D license may also tow; 
 55.15     (6) towing vehicles if the combination of vehicles has a 
 55.16  gross vehicle weight of 26,000 pounds or less; and 
 55.17     (7) operating any vehicle or combination of vehicles when 
 55.18  the operator is a licensed peace officer while on duty. 
 55.19     (c) Class C; valid for:  
 55.20     (1) operating class D vehicles; 
 55.21     (2) with a hazardous materials endorsement, transporting 
 55.22  hazardous materials in class D vehicles; and 
 55.23     (3) with a school bus endorsement, operating school buses 
 55.24  designed to transport 15 or fewer passengers, including the 
 55.25  driver. 
 55.26     (d) Class B; valid for operating all vehicles in class C, 
 55.27  class D, and all other single-unit vehicles including, with a 
 55.28  passenger endorsement, buses.  The holder of a class B license 
 55.29  may tow only vehicles with a gross vehicle weight of 10,000 
 55.30  pounds or less. 
 55.31     (e) Class A; valid for operating any vehicle or combination 
 55.32  of vehicles. 
 55.33     [EFFECTIVE DATE.] This section is effective the day 
 55.34  following final enactment. 
 55.35     Sec. 77.  Minnesota Statutes 2002, section 171.05, 
 55.36  subdivision 1, is amended to read: 
 56.1      Subdivision 1.  [PERSON 18 OR MORE YEARS OF AGE.] Any 
 56.2   person who is 18 or more years of age and who, except for a lack 
 56.3   of instruction in operating a motor vehicle, would otherwise be 
 56.4   qualified to obtain a class D driver's license under this 
 56.5   chapter, may apply for an instruction permit and the department 
 56.6   shall issue such permit entitling the applicant, while having 
 56.7   such permit in immediate possession, to drive a motor vehicle 
 56.8   for which a class D license is valid upon the highways for a 
 56.9   period of one year two years, but such person must be 
 56.10  accompanied by an adult licensed driver who is actually 
 56.11  occupying a seat beside the driver.  Any license of a lower 
 56.12  class may be used as an instruction permit for a higher class 
 56.13  for a period of six months after passage of the written test or 
 56.14  tests required for the higher class and when the licensee is 
 56.15  accompanied by and receiving instruction from a holder of the 
 56.16  appropriate higher class license.  A copy of the record of 
 56.17  examination taken for the higher class license must be carried 
 56.18  by the driver while using such lower class license as an 
 56.19  instruction permit. 
 56.20     Sec. 78.  Minnesota Statutes 2002, section 171.05, is 
 56.21  amended by adding a subdivision to read: 
 56.22     Subd. 1b.  [INSTRUCTION PERMIT NOT ISSUED.] Notwithstanding 
 56.23  subdivision 1, the commissioner shall not issue an instruction 
 56.24  permit to a person under age 18 if the person has ever been 
 56.25  convicted of a violation of section 169A.20, 169A.33, or 
 56.26  169A.35; a violation of a provision of sections 169A.50 to 
 56.27  169A.53; or a crash-related moving violation. 
 56.28     [EFFECTIVE DATE.] This section is effective the day 
 56.29  following final enactment. 
 56.30     Sec. 79.  Minnesota Statutes 2002, section 171.05, 
 56.31  subdivision 2, is amended to read: 
 56.32     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 56.33  Notwithstanding any provision in subdivision 1 to the contrary, 
 56.34  the department may issue an instruction permit to an applicant 
 56.35  who is 15, 16, or 17 years of age and who: 
 56.36     (1) has completed a course of driver education in another 
 57.1   state, has a previously issued valid license from another state, 
 57.2   or is enrolled in either: 
 57.3      (i) a public, private, or commercial driver education 
 57.4   program that is approved by the commissioner of public safety 
 57.5   and that includes classroom and behind-the-wheel training; or 
 57.6      (ii) an approved behind-the-wheel driver education program 
 57.7   when the student is receiving full-time instruction in a home 
 57.8   school within the meaning of sections 120A.22 and 120A.24, the 
 57.9   student is working toward a home-school diploma, the student's 
 57.10  status as a home-school student has been certified by the 
 57.11  superintendent of the school district in which the student 
 57.12  resides, and the student is taking home-classroom driver 
 57.13  training with classroom materials approved by the commissioner 
 57.14  of public safety; 
 57.15     (2) has completed the classroom phase of instruction in the 
 57.16  driver education program; 
 57.17     (3) has passed a test of the applicant's eyesight; 
 57.18     (4) has passed a department-administered test of the 
 57.19  applicant's knowledge of traffic laws; 
 57.20     (5) has completed the required application, which must be 
 57.21  approved by (i) either parent when both reside in the same 
 57.22  household as the minor applicant or, if otherwise, then (ii) the 
 57.23  parent or spouse of the parent having custody or, in the event 
 57.24  there is no court order for custody, then (iii) the parent or 
 57.25  spouse of the parent with whom the minor is living or, if items 
 57.26  (i) to (iii) do not apply, then (iv) the guardian having custody 
 57.27  of the minor or, in the event a person under the age of 18 has 
 57.28  no living father, mother, or guardian, or is married or 
 57.29  otherwise legally emancipated, then (v) the applicant's adult 
 57.30  spouse, adult close family member, or adult employer; provided, 
 57.31  that the approval required by this clause contains a 
 57.32  verification of the age of the applicant and the identity of the 
 57.33  parent, guardian, adult spouse, adult close family member, or 
 57.34  adult employer; and 
 57.35     (6) has paid the fee required in section 171.06, 
 57.36  subdivision 2. 
 58.1      (b) The instruction permit is valid for one year two years 
 58.2   from the date of application and may be renewed upon payment of 
 58.3   a fee equal to the fee for issuance of an instruction permit 
 58.4   under section 171.06, subdivision 2. 
 58.5      Sec. 80.  Minnesota Statutes 2002, section 171.05, 
 58.6   subdivision 2b, is amended to read: 
 58.7      Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
 58.8   (a) This subdivision applies to persons who have applied for and 
 58.9   received an instruction permit under subdivision 2. 
 58.10     (b) The permit holder may, with the permit in possession, 
 58.11  operate a motor vehicle, but must be accompanied by and be under 
 58.12  the supervision of a certified driver education instructor, the 
 58.13  permit holder's parent or guardian, or another licensed driver 
 58.14  age 21 or older.  The supervisor must occupy the seat beside the 
 58.15  permit holder. 
 58.16     (c) The permit holder may operate a motor vehicle only when 
 58.17  every occupant under the age of 18 has a seat belt or child 
 58.18  passenger restraint system properly fastened.  A person who 
 58.19  violates this paragraph is subject to a fine of $25.  A peace 
 58.20  officer may not issue a citation for a violation of this 
 58.21  paragraph unless the officer lawfully stopped or detained the 
 58.22  driver of the motor vehicle for a moving violation as defined in 
 58.23  section 171.04, subdivision 1.  The commissioner shall not 
 58.24  record a violation of this paragraph on a person's driving 
 58.25  record. 
 58.26     (d) The permit holder must maintain a driving record free 
 58.27  of convictions for moving violations, as defined in section 
 58.28  171.04, subdivision 1, and free of convictions for violation of 
 58.29  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
 58.30  169A.53.  If the permit holder drives a motor vehicle in 
 58.31  violation of the law, the commissioner shall suspend, cancel, or 
 58.32  revoke the permit in accordance with the statutory section 
 58.33  violated. 
 58.34     Sec. 81.  Minnesota Statutes 2002, section 171.055, 
 58.35  subdivision 1, is amended to read: 
 58.36     Subdivision 1.  [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 
 59.1   The department may issue a provisional license, which must be 
 59.2   distinctive in appearance from a driver's license, to an 
 59.3   applicant who: 
 59.4      (1) has reached the age of 16 years; 
 59.5      (2) during the six months immediately preceding the 
 59.6   application for the provisional license has possessed an 
 59.7   instruction permit and has incurred (i) no convictions for a 
 59.8   violation of section 169A.20, 169A.33, 169A.35, or sections 
 59.9   169A.50 to 169A.53, (ii) no convictions for a crash-related 
 59.10  moving violation, and (iii) no convictions for a moving 
 59.11  violation that is not crash related; 
 59.12     (3) has successfully completed a course of driver education 
 59.13  in accordance with department rules; 
 59.14     (4) completes the required application, which must be 
 59.15  approved by (i) either parent when both reside in the same 
 59.16  household as the minor applicant or, if otherwise, then (ii) the 
 59.17  parent or spouse of the parent having custody or, in the event 
 59.18  there is no court order for custody, then (iii) the parent or 
 59.19  spouse of the parent with whom the minor is living or, if items 
 59.20  (i) to (iii) do not apply, then (iv) the guardian having custody 
 59.21  of the minor or, in the event a person under the age of 18 has 
 59.22  no living father, mother, or guardian, or is married or 
 59.23  otherwise legally emancipated, then (v) the applicant's adult 
 59.24  spouse, adult close family member, or adult employer; provided, 
 59.25  that the approval required by this clause contains a 
 59.26  verification of the age of the applicant and the identity of the 
 59.27  parent, guardian, adult spouse, adult close family member, or 
 59.28  adult employer; 
 59.29     (5) presents certification by the person who approves the 
 59.30  application under clause (4) stating that the applicant has 
 59.31  driven a motor vehicle accompanied by and under the supervision 
 59.32  of a licensed driver at least 21 years of age, for no less than 
 59.33  30 hours, at least ten of which were nighttime hours; and 
 59.34     (6) pays the fee required in section 171.06, subdivision 2. 
 59.35     (b) For purposes of this section, "moving violation" has 
 59.36  the meaning given it in section 171.04, subdivision 1. 
 60.1      (c) Notwithstanding paragraph (a), clause (2), the 
 60.2   commissioner shall not issue a provisional license to a person 
 60.3   who has ever incurred a conviction for violation of section 
 60.4   169A.20, 169A.33, or 169A.35; a violation of a provision of 
 60.5   sections 169A.50 to 169A.53; or a crash-related moving 
 60.6   violation, and at the time of the conviction the person did not 
 60.7   possess an instruction permit. 
 60.8      [EFFECTIVE DATE.] This section is effective the day 
 60.9   following final enactment. 
 60.10     Sec. 82.  Minnesota Statutes 2002, section 171.055, 
 60.11  subdivision 2, is amended to read: 
 60.12     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
 60.13  license holder may operate a motor vehicle only when every 
 60.14  occupant under the age of 18 has a seat belt or child passenger 
 60.15  restraint system properly fastened.  A person who violates this 
 60.16  paragraph is subject to a fine of $25.  A peace officer may not 
 60.17  issue a citation for a violation of this paragraph unless the 
 60.18  officer lawfully stopped or detained the driver of the motor 
 60.19  vehicle for a moving violation as defined in section 171.04.  
 60.20  The commissioner shall not record a violation of this paragraph 
 60.21  on a person's driving record.  For the first six months after 
 60.22  receiving the license, a provisional license holder may not 
 60.23  operate a motor vehicle: 
 60.24     (1) with more than one passenger under the age of 21, 
 60.25  except immediate family members; or 
 60.26     (2) between 12:00 a.m. and 5:00 a.m., unless accompanied by 
 60.27  the driver's parent or guardian, or unless driving to or from 
 60.28  the driver's job or an activity sponsored by a school or 
 60.29  religious organization. 
 60.30     (b) If the holder of a provisional license during the 
 60.31  period of provisional licensing incurs (1) a conviction for a 
 60.32  violation of section 169A.20, 169A.33, 169A.35, or sections 
 60.33  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
 60.34  violation, (3) a conviction for a violation of a restriction 
 60.35  described in paragraph (a), or (3) (4) more than one conviction 
 60.36  for a moving violation that is not crash related, the person may 
 61.1   not be issued a driver's license until 12 consecutive months 
 61.2   have expired since the date of the conviction or until the 
 61.3   person reaches the age of 18 years, whichever occurs first. 
 61.4      Sec. 83.  Minnesota Statutes 2002, section 171.06, 
 61.5   subdivision 2a, is amended to read: 
 61.6      Subd. 2a.  [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 
 61.7   (a) The fee for any duplicate driver's license which is obtained 
 61.8   for the purpose of adding a two-wheeled vehicle endorsement is 
 61.9   increased by $18.50 for each first such duplicate license and 
 61.10  $13 for each renewal thereof.  The additional fee shall must be 
 61.11  paid into the state treasury and credited as follows: 
 61.12     (1) $11 of the additional fee for each first duplicate 
 61.13  license, and $7 of the additional fee for each renewal, must be 
 61.14  credited to the motorcycle safety fund, which is hereby created; 
 61.15  provided that any fee receipts in excess of $750,000 in a fiscal 
 61.16  year shall be credited 90 percent to the trunk highway fund and 
 61.17  ten percent to the general fund, as provided in section 171.26. 
 61.18     (2) The remainder of the additional fee must be credited to 
 61.19  the general fund, as provided in section 171.26. 
 61.20     (b) All application forms prepared by the commissioner for 
 61.21  two-wheeled vehicle endorsements shall must clearly state the 
 61.22  amount of the total fee that is dedicated to the motorcycle 
 61.23  safety fund. 
 61.24     Sec. 84.  Minnesota Statutes 2002, section 171.07, 
 61.25  subdivision 13, is amended to read: 
 61.26     Subd. 13.  [FIREARMS SAFETY DESIGNATION.] (a) When an 
 61.27  applicant has a record transmitted to the department as 
 61.28  described in paragraph (c) or presents: 
 61.29     (1) a firearms safety certificate issued for successfully 
 61.30  completing a firearms safety course administered under section 
 61.31  97B.015,; or 
 61.32     (2) an advanced hunter certificate issued for successfully 
 61.33  completing an advanced hunter education course administered 
 61.34  under section 97B.025, 
 61.35  and requests a driver's license or identification card described 
 61.36  in paragraph (b), the department shall issue, renew, or reissue 
 62.1   to the applicant a driver's license or Minnesota identification 
 62.2   card described in paragraph (b). 
 62.3      (b) Pursuant to paragraph (a), the department shall issue a 
 62.4   driver's license or Minnesota identification card bearing a 
 62.5   graphic or written indication that the applicant has 
 62.6   successfully completed a firearms safety course administered 
 62.7   under section 97B.015, an advanced hunter education course 
 62.8   administered under section 97B.025, or both of the described 
 62.9   courses. 
 62.10     (c) The department shall maintain in its records 
 62.11  information transmitted electronically from the commissioner of 
 62.12  natural resources identifying each person to whom the 
 62.13  commissioner has issued a firearms safety certificate or an 
 62.14  advanced hunter education certificate.  The records transmitted 
 62.15  from the Department of Natural Resources must contain the full 
 62.16  name and date of birth as required for the driver's license or 
 62.17  identification card.  Records that are not matched to a driver's 
 62.18  license or identification card record may be deleted after seven 
 62.19  years. 
 62.20     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 62.21     Sec. 85.  Minnesota Statutes 2002, section 171.13, 
 62.22  subdivision 1, is amended to read: 
 62.23     Subdivision 1.  [SUBJECTS TESTED.] Except as otherwise 
 62.24  provided in this section, the commissioner shall examine each 
 62.25  applicant for a driver's license by such agency as the 
 62.26  commissioner directs.  This examination must include a test of 
 62.27  applicant's eyesight; ability to read and understand highway 
 62.28  signs regulating, warning, and directing traffic; knowledge of 
 62.29  traffic laws; knowledge of the effects of alcohol and drugs on a 
 62.30  driver's ability to operate a motor vehicle safely and legally, 
 62.31  and of the legal penalties and financial consequences resulting 
 62.32  from violations of laws prohibiting the operation of a motor 
 62.33  vehicle while under the influence of alcohol or drugs; knowledge 
 62.34  of railroad grade crossing safety; knowledge of slow-moving 
 62.35  vehicle safety; knowledge of traffic laws related to bicycles; 
 62.36  knowledge of dangers of, and penalties for, leaving children 
 63.1   unattended in motor vehicles; an actual demonstration of ability 
 63.2   to exercise ordinary and reasonable control in the operation of 
 63.3   a motor vehicle; and other physical and mental examinations as 
 63.4   the commissioner finds necessary to determine the applicant's 
 63.5   fitness to operate a motor vehicle safely upon the highways, 
 63.6   provided, further however, no driver's license shall be denied 
 63.7   an applicant on the exclusive grounds that the applicant's 
 63.8   eyesight is deficient in color perception.  Provided, however, 
 63.9   that war veterans operating motor vehicles especially equipped 
 63.10  for handicapped persons, shall, if otherwise entitled to a 
 63.11  license, be granted such license.  The commissioner shall make 
 63.12  provision for giving these examinations either in the county 
 63.13  where the applicant resides or at a place adjacent thereto 
 63.14  reasonably convenient to the applicant. 
 63.15     Sec. 86.  Minnesota Statutes 2002, section 171.13, is 
 63.16  amended by adding a subdivision to read: 
 63.17     Subd. 1i.  [DRIVER'S MANUAL; UNATTENDED CHILDREN.] The 
 63.18  commissioner shall include in each edition of the driver's 
 63.19  manual published after August 1, 2004, information concerning 
 63.20  the dangers of, and penalties for, leaving children unattended 
 63.21  in motor vehicles, including the effect of solar heat on vehicle 
 63.22  interior temperature. 
 63.23     Sec. 87.  Minnesota Statutes 2002, section 171.13, is 
 63.24  amended by adding a subdivision to read: 
 63.25     Subd. 1j.  [DRIVER'S MANUAL; SAFETY AT EMERGENCY 
 63.26  SCENE.] The commissioner shall include in each edition of the 
 63.27  driver's manual published by the department after July 1, 2004, 
 63.28  a section relating to the responsibilities of motorists when 
 63.29  approaching an emergency or a stopped emergency vehicle on a 
 63.30  highway. 
 63.31     Sec. 88.  Minnesota Statutes 2002, section 171.13, is 
 63.32  amended by adding a subdivision to read: 
 63.33     Subd. 1k.  [DRIVER'S MANUAL; RESTRICTED DRIVING IN LEFT 
 63.34  LANE.] The commissioner shall include in each edition of the 
 63.35  driver's manual published by the department after August 1, 
 63.36  2004, instructions relating to the requirement to drive a motor 
 64.1   vehicle in the right-hand lane and the circumstances when a 
 64.2   driver is allowed to drive in the left-most lane of a multilane 
 64.3   highway under section 169.18, subdivision 10. 
 64.4      Sec. 89.  Minnesota Statutes 2002, section 171.13, 
 64.5   subdivision 2, is amended to read: 
 64.6      Subd. 2.  [EXAMINATION UPON RENEWAL.] The department shall 
 64.7   issue a driver's license upon renewal when: 
 64.8      (1) the applicant has passed an examination consisting of a 
 64.9   screening of the applicant's eyesight.  Screening of eyesight 
 64.10  required by this subdivision does not constitute the practice of 
 64.11  optometry as defined in section 148.56; 
 64.12     (2) an applicant who, since the last previous license 
 64.13  renewal or issuance, received a warning letter or attended a 
 64.14  preliminary hearing as a habitual violator, within the meaning 
 64.15  of Minnesota Rules, has passed a written examination; and 
 64.16     (3) an applicant who, since the last previous license 
 64.17  renewal or issuance, was at fault in two or more crashes or had 
 64.18  driving privileges suspended as a habitual violator, has passed 
 64.19  a road examination. 
 64.20  The commissioner may adopt rules to administer this subdivision. 
 64.21     [EFFECTIVE DATE.] This section is effective August 1, 2005. 
 64.22     Sec. 90.  Minnesota Statutes 2002, section 174.03, is 
 64.23  amended by adding a subdivision to read: 
 64.24     Subd. 2a.  [STATE AVIATION PLAN.] (a) Each revision of the 
 64.25  state transportation plan must include a chapter setting out a 
 64.26  state aviation plan.  The plan must include the following: 
 64.27     (1) an analysis of the projected commercial aviation needs 
 64.28  of the state over the next 20 years; 
 64.29     (2) a description of the present capacity, function, and 
 64.30  levels of activity at each commercial service airport as 
 64.31  designated by the Federal Aviation Administration, each airport 
 64.32  that the commissioner determines is likely to become a 
 64.33  commercial service airport in the next 20 years, and any other 
 64.34  airport that the commissioner determines should be included by 
 64.35  reason of commercial passenger or cargo service levels; and 
 64.36     (3) a description of the capacity, function, and levels of 
 65.1   activity that each airport identified in clause (2) must have in 
 65.2   order to carry out the plan's goal and objectives and meet the 
 65.3   needs described under clause (1). 
 65.4      (b) In assessing aviation needs and the capacity, function, 
 65.5   and level of activity at any airport, the plan must consider 
 65.6   both commercial passenger service and cargo service. 
 65.7      Sec. 91.  [174.032] [ADVISORY COUNCIL ON AVIATION 
 65.8   PLANNING.] 
 65.9      Subdivision 1.  [ADVISORY COUNCIL CREATED.] (a) The 
 65.10  commissioner shall create an advisory council on aviation 
 65.11  planning to advise the commissioner on the aviation chapter of 
 65.12  the state transportation plan.  The council consists of the 
 65.13  following members appointed by the commissioner: 
 65.14     (1) one member of the Metropolitan Airports Commission; 
 65.15     (2) one representative of major commercial airlines; 
 65.16     (3) one representative of independent pilots who fly for 
 65.17  small business; 
 65.18     (4) one representative of the air cargo industry; 
 65.19     (5) two representatives of the business community unrelated 
 65.20  to aviation, one of whom must reside within the seven-county 
 65.21  metropolitan area and one of whom must reside outside that area; 
 65.22     (6) one representative of environmental interests; 
 65.23     (7) one employee of the Department of Transportation's 
 65.24  Office of Aeronautics; 
 65.25     (8) two representatives of neighborhoods that are 
 65.26  significantly affected by airplane noise; and 
 65.27     (9) one representative of tier-two airports (Mankato, St. 
 65.28  Cloud, Duluth, Willmar, and Rochester). 
 65.29     (b) Members of the advisory council serve at the pleasure 
 65.30  of the appointing authority.  Members shall serve without 
 65.31  compensation. 
 65.32     Subd. 2.  [ADVISORY COUNCIL DUTIES.] (a) The advisory 
 65.33  council on aviation planning shall advise the commissioner on 
 65.34  the aviation planning chapter of the state transportation plan 
 65.35  required under section 174.03, subdivision 2a.  In carrying out 
 65.36  these duties the advisory council shall prepare an initial draft 
 66.1   of the chapter and submit it to the commissioner, revise the 
 66.2   draft if so requested by the commissioner, and comment to the 
 66.3   commissioner on any revisions to the draft the commissioner 
 66.4   makes.  In drafting the chapter the council shall consider: 
 66.5      (1) present and anticipated capacity needs of commercial 
 66.6   service airports, including limitations on expanding the 
 66.7   capacity of individual commercial service airports imposed by 
 66.8   state or local regulations, safety or environmental concerns, 
 66.9   and land uses near the airport that are incompatible with 
 66.10  airport operations; 
 66.11     (2) the needs of Minnesota residents and businesses for 
 66.12  passenger and cargo service, from both a statewide and regional 
 66.13  perspective; 
 66.14     (3) anticipated changes in commercial aircraft types and 
 66.15  characteristics; 
 66.16     (4) noise and other environmental impacts of aviation at 
 66.17  commercial service airports; 
 66.18     (5) trends in the aviation and airline industries; and 
 66.19     (6) relationship between aviation and other forms of 
 66.20  transportation covered by the state transportation plan. 
 66.21     (b) The advisory council may also make recommendations to 
 66.22  the commissioner, the Metropolitan Airports Commission, and the 
 66.23  legislature concerning the policy steps needed to implement the 
 66.24  chapter. 
 66.25     Subd. 3.  [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 
 66.26  The commissioner shall appoint the first advisory council by 
 66.27  July 1, 2004.  The council shall submit any recommendations it 
 66.28  makes to the legislature by January 15, 2005.  The terms of all 
 66.29  members of the advisory council serving on July 1, 2004, expire 
 66.30  on January 1, 2006. 
 66.31     (b) The commissioner shall appoint and convene a new 
 66.32  advisory council not less than two years before the date on 
 66.33  which each revision of the state transportation plan is required 
 66.34  under section 174.03, subdivision 1a.  Each such advisory 
 66.35  council must consist of members as prescribed in subdivision 1, 
 66.36  who shall serve on the same terms as set forth under subdivision 
 67.1   1.  Each such advisory council expires on the date on which the 
 67.2   revision of the state transportation plan becomes final. 
 67.3      Sec. 92.  Minnesota Statutes 2002, section 174.52, is 
 67.4   amended by adding a subdivision to read: 
 67.5      Subd. 4a.  [RURAL ROAD SAFETY ACCOUNT; APPROPRIATION.] (a) 
 67.6   A rural road safety account is established in the local road 
 67.7   improvement fund.  Money in the account is annually appropriated 
 67.8   to the commissioner of transportation for expenditure as 
 67.9   specified in this subdivision.  Money in the account must be 
 67.10  used as grants to counties to assist in paying the costs of 
 67.11  capital improvement projects on county state-aid highways that 
 67.12  are intended primarily to reduce traffic crashes, deaths, 
 67.13  injuries, and property damage. 
 67.14     (b) The commissioner shall establish procedures for 
 67.15  counties to apply for grants from the rural road safety account 
 67.16  and criteria to be used to select projects for funding.  The 
 67.17  commissioner shall establish these procedures and criteria in 
 67.18  consultation with representatives appointed by the Association 
 67.19  of Minnesota Counties.  Eligibility for project selection must 
 67.20  be based on the ability of each proposed project to reduce the 
 67.21  frequency and severity of crashes. 
 67.22     (c) Money in the account must be allocated in each fiscal 
 67.23  year as follows: 
 67.24     (1) one-half of money in the account must be used for 
 67.25  projects in the counties of Anoka, Chisago, Carver, Dakota, 
 67.26  Hennepin, Ramsey, Scott, and Washington; and 
 67.27     (2) the remainder must be used for projects elsewhere in 
 67.28  the state. 
 67.29     Sec. 93.  Minnesota Statutes 2002, section 174.52, 
 67.30  subdivision 5, is amended to read: 
 67.31     Subd. 5.  [GRANT PROCEDURES AND CRITERIA.] The commissioner 
 67.32  shall establish procedures for statutory or home rule charter 
 67.33  cities, towns, and counties to apply for grants or loans from 
 67.34  the fund trunk highway corridor projects account and local road 
 67.35  account for routes of regional significance and criteria to be 
 67.36  used to select projects for funding. The commissioner shall 
 68.1   establish these procedures and criteria in consultation with 
 68.2   representatives appointed by the Association of Minnesota 
 68.3   Counties, League of Minnesota Cities, and Minnesota Township 
 68.4   Officers Association.  The criteria for determining project 
 68.5   priority and the amount of a grant or loan must be based upon 
 68.6   consideration of: 
 68.7      (1) the availability of other state, federal, and local 
 68.8   funds; 
 68.9      (2) the regional significance of the route; 
 68.10     (3) effectiveness of the proposed project in eliminating a 
 68.11  transportation system deficiency; 
 68.12     (4) the number of persons who will be positively impacted 
 68.13  by the project; 
 68.14     (5) the project's contribution to other local, regional, or 
 68.15  state economic development or redevelopment efforts; and 
 68.16     (6) ability of the local unit of government to adequately 
 68.17  provide for the safe operation and maintenance of the facility 
 68.18  upon project completion. 
 68.19     Sec. 94.  [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM PLAN.] 
 68.20     The commissioner of transportation shall develop a plan for 
 68.21  a statewide system of ten-ton county and county state-aid 
 68.22  highways to, in order of priority: 
 68.23     (1) support the commissioner's interregional corridor 
 68.24  system; 
 68.25     (2) provide greater efficiencies for forestry, agriculture, 
 68.26  and other industries in transporting their products to market; 
 68.27  and 
 68.28     (3) provide new and existing manufacturing industries with 
 68.29  new growth opportunities. 
 68.30     Sec. 95.  Minnesota Statutes 2002, section 221.0314, 
 68.31  subdivision 9, is amended to read: 
 68.32     Subd. 9.  [HOURS OF SERVICE OF DRIVER.] Code of Federal 
 68.33  Regulations, title 49, part 395, is incorporated by reference, 
 68.34  except that paragraphs (a), (c), (d), (f), (h), (i), (j) (k), 
 68.35  (l), (m), and (n), and (o) of section 395.1 and section 395.13 
 68.36  of that part are not incorporated.  In addition, 
 69.1   cross-references to sections or paragraphs not incorporated in 
 69.2   this subdivision are not incorporated by reference.  The 
 69.3   requirements of Code of Federal Regulations, title 49, part 395, 
 69.4   do not apply to drivers of lightweight vehicles. 
 69.5      [EFFECTIVE DATE.] This section is effective the day 
 69.6   following final enactment. 
 69.7      Sec. 96.  [343.325] [ANIMAL PROTECTION.] 
 69.8      Subdivision 1.  [REQUIRED PRACTICE.] A person who 
 69.9   transports an animal on a public roadway in the cargo portion of 
 69.10  a motor vehicle must ensure that the animal is protected in a 
 69.11  manner that prevents the animal from falling, jumping, or being 
 69.12  thrown from the vehicle. 
 69.13     Subd. 2.  [COMPLIANCE.] A person complies with subdivision 
 69.14  1 if: 
 69.15     (1) the space is enclosed; 
 69.16     (2) the space has racks on all open sides with adequate 
 69.17  height and density to retain the animal; 
 69.18     (3) the animal is cross tethered to the vehicle; or 
 69.19     (4) the animal is transported in a cage or container 
 69.20  secured to the vehicle. 
 69.21     Subd. 3.  [EXCEPTION.] Subdivision 1 does not apply to: 
 69.22     (1) a farmer as defined in section 500.24 or a farm 
 69.23  employee, transporting a dog while the farmer or employee is 
 69.24  engaged in agricultural activities on the farm or within five 
 69.25  miles of the farm; or 
 69.26     (2) a licensed hunter in possession of applicable licenses 
 69.27  and permits who is engaged in hunting activities at or within 
 69.28  five miles of a hunting site during the legal season for this 
 69.29  hunting activity. 
 69.30     Sec. 97.  [360.046] [REQUIREMENTS FOR CLOSURE OF MUNICIPAL 
 69.31  AIRPORT.] 
 69.32     Subdivision 1.  [DEFINITION OF MUNICIPAL AIRPORT.] For the 
 69.33  purposes of this section, "municipal airport" is an airport 
 69.34  owned by a county, city, town, or joint powers board within the 
 69.35  meaning of section 360.042, exclusive of an airport formed and 
 69.36  operated by the Metropolitan Airports Commission pursuant to 
 70.1   sections 473.601 to 473.680. 
 70.2      Subd. 2.  [NOTICE OF INTENT TO CLOSE PROVIDED TO 
 70.3   COMMISSIONER.] The owner of a municipal airport shall provide 
 70.4   written notice to the commissioner of intent to close the 
 70.5   airport.  Notice must be provided to the commissioner before or 
 70.6   immediately upon cessation of operations at the airport. 
 70.7      Subd. 3.  [PRESERVATION OF AIRPORT PROPERTY; PENALTY.] For 
 70.8   120 days following receipt by the commissioner of the notice 
 70.9   described in subdivision 2, the municipality may not abandon, 
 70.10  significantly alter, demolish, or convey airport property.  A 
 70.11  municipality in violation must be assessed a civil penalty of 
 70.12  $1,000 for each day of the 120-day period that it remains in 
 70.13  violation.  Proceeds of the penalty must be deposited in the 
 70.14  state airports fund. 
 70.15     Subd. 4.  [PUBLIC NOTICE AND HEARING.] The owner of a 
 70.16  municipal airport shall schedule a public hearing to take place 
 70.17  within 60 days following the giving of notice to the 
 70.18  commissioner of intent to close.  The owner of the airport shall 
 70.19  provide public notice within the municipality served by the 
 70.20  airport a minimum of 21 days before the hearing.  At the 
 70.21  hearing, the municipality shall present information concerning 
 70.22  the airport closing, and the public must have the opportunity to 
 70.23  comment. 
 70.24     Subd. 5.  [IMPACT EVALUATION.] Before the public hearing, 
 70.25  the commissioner shall prepare a written evaluation of the 
 70.26  impact on the airport system of the closure of the municipal 
 70.27  airport.  The commissioner shall make the evaluation available 
 70.28  to the municipality and to the public in advance of the hearing. 
 70.29     Sec. 98.  Minnesota Statutes 2002, section 462.352, is 
 70.30  amended by adding a subdivision to read: 
 70.31     Subd. 19.  [PLAT ROADWAY ELEMENTS.] "Plat roadway elements" 
 70.32  means the elements or portions of a plat relating to 
 70.33  right-of-way land dedicated to highway purposes, drainage, and 
 70.34  highway access control. 
 70.35     Sec. 99.  Minnesota Statutes 2002, section 462.358, 
 70.36  subdivision 3b, is amended to read: 
 71.1      Subd. 3b.  [REVIEW PROCEDURES.] The regulations shall 
 71.2   include provisions regarding the content of applications for 
 71.3   proposed subdivisions, the preliminary and final review and 
 71.4   approval or disapproval of applications, and the coordination of 
 71.5   such reviews with affected political subdivisions and state 
 71.6   agencies.  As provided in subdivision 3d, the regulations must 
 71.7   require an applicant to include in the application proof that 
 71.8   the proposed plat roadway elements were submitted to the county 
 71.9   engineer if the proposed subdivision abuts an existing or 
 71.10  proposed county highway, or to the commissioner of 
 71.11  transportation if the proposed subdivision abuts an existing or 
 71.12  proposed trunk highway.  Subdivisions including lands abutting 
 71.13  upon any existing or proposed trunk highway, county road or 
 71.14  highway, or county state-aid highway shall also be subject to 
 71.15  review.  The regulations may provide for the consolidation of 
 71.16  the preliminary and final review and approval or disapproval of 
 71.17  subdivisions.  Preliminary or final approval may be granted or 
 71.18  denied for parts of subdivision applications.  The regulations 
 71.19  may delegate the authority to review proposals to the planning 
 71.20  commission, but final approval or disapproval shall be the 
 71.21  decision of the governing body of the municipality unless 
 71.22  otherwise provided by law or charter.  The regulations shall 
 71.23  require that a public hearing shall be held on all subdivision 
 71.24  applications prior to preliminary approval, unless otherwise 
 71.25  provided by law or charter.  The hearing shall be held following 
 71.26  publication of notice of the time and place thereof in the 
 71.27  official newspaper at least ten days before the day of the 
 71.28  hearing.  At the hearing, all persons interested shall be given 
 71.29  an opportunity to make presentations.  The county engineer's or 
 71.30  commissioner of transportation's comments made as authorized by 
 71.31  section 505.03, subdivision 2, if any, must be entered on the 
 71.32  record at the public hearing and considered by the municipality. 
 71.33  A subdivision application shall be preliminarily approved or 
 71.34  disapproved within 120 days following delivery of an application 
 71.35  completed in compliance with the municipal ordinance by the 
 71.36  applicant to the municipality, unless an extension of the review 
 72.1   period has been agreed to by the applicant.  When a division or 
 72.2   subdivision to which the regulations of the municipality do not 
 72.3   apply is presented to the city, the clerk of the municipality 
 72.4   shall within ten days certify that the subdivision regulations 
 72.5   of the municipality do not apply to the particular division. 
 72.6      If the municipality or the responsible agency of the 
 72.7   municipality fails to preliminarily approve or disapprove an 
 72.8   application within the review period, the application shall be 
 72.9   deemed preliminarily approved, and upon demand the municipality 
 72.10  shall execute a certificate to that effect.  Following 
 72.11  preliminary approval the applicant may request final approval by 
 72.12  the municipality, and upon such request the municipality shall 
 72.13  certify final approval within 60 days if the applicant has 
 72.14  complied with all conditions and requirements of applicable 
 72.15  regulations and all conditions and requirements upon which the 
 72.16  preliminary approval is expressly conditioned either through 
 72.17  performance or the execution of appropriate agreements assuring 
 72.18  performance. If the municipality fails to certify final approval 
 72.19  as so required, and if the applicant has complied with all 
 72.20  conditions and requirements, the application shall be deemed 
 72.21  finally approved, and upon demand the municipality shall execute 
 72.22  a certificate to that effect.  After final approval a 
 72.23  subdivision may be filed or recorded. 
 72.24     Sec. 100.  Minnesota Statutes 2002, section 462.358, is 
 72.25  amended by adding a subdivision to read: 
 72.26     Subd. 3d.  [REVIEW OF PROPOSED PRELIMINARY PLATS ABUTTING 
 72.27  TRUNK HIGHWAYS OR COUNTY ROADS.] At least 30 days before filing 
 72.28  the subdivision application with the municipality, an applicant 
 72.29  must submit the proposed plat roadway elements to the county 
 72.30  engineer if the proposed preliminary plat abuts an existing or 
 72.31  proposed county road or to the commissioner of transportation if 
 72.32  the proposed preliminary plat abuts an existing or proposed 
 72.33  trunk highway.  The subdivision application to the municipality 
 72.34  must include proof that the proposed plat roadway elements were 
 72.35  submitted timely to the county engineer or commissioner of 
 72.36  transportation. 
 73.1      Sec. 101.  Minnesota Statutes 2002, section 505.03, 
 73.2   subdivision 2, is amended to read: 
 73.3      Subd. 2.  [PLAT APPROVAL; ROAD REVIEW.] (a) Any proposed 
 73.4   preliminary plat in a city, town, or county, which includes 
 73.5   lands abutting upon any existing or established trunk highway or 
 73.6   proposed highway which has been designated by a centerline order 
 73.7   filed in the office of the county recorder shall first be 
 73.8   presented by the city, town, or county to the commissioner of 
 73.9   transportation for written comments and recommendations.  
 73.10  Preliminary plats in a city or town involving both a trunk 
 73.11  highway and a highway under county jurisdiction shall be 
 73.12  submitted by the city or town to the county highway engineer as 
 73.13  provided in paragraphs (b) and (c) and to the commissioner of 
 73.14  transportation.  Plats shall be submitted by the city, town, or 
 73.15  county to the commissioner of transportation for review at least 
 73.16  30 days prior to the home rule charter or statutory city, town 
 73.17  or county taking final action public hearing on the preliminary 
 73.18  plat under section 462.358, subdivision 3b.  The commissioner of 
 73.19  transportation shall submit the written comments and 
 73.20  recommendations to the city, town, or county within 30 days 
 73.21  after receipt by the commissioner of such a plat.  Final action 
 73.22  on such plat by the city, town, or county shall not be taken 
 73.23  until after these required comments and recommendations have 
 73.24  been received or until the 30-day period has elapsed. 
 73.25     (b) Any proposed preliminary plat or initial plat filing 
 73.26  that includes land located in a city or town bordering an 
 73.27  existing or proposed county road, highway, or county state-aid 
 73.28  highway that is designated on a map or county highway plan filed 
 73.29  in the office of the county recorder or registrar of titles, 
 73.30  must be submitted by the city or town to the county engineer 
 73.31  within five business days after receipt by the city or town of 
 73.32  the preliminary plat or initial plat filing for written comments 
 73.33  and recommendations.  The county engineer's review shall be 
 73.34  limited to factors of county significance in conformance with 
 73.35  adopted county guidelines developed through a public hearing or 
 73.36  a comprehensive planning process with comment by the cities and 
 74.1   towns.  The guidelines must provide for development and 
 74.2   redevelopment scenarios, allow for variances, and reflect 
 74.3   consideration of city or town adopted guidelines.  
 74.4      (c) Within 30 days after county receipt from the city or 
 74.5   town of the preliminary plat or initial plat filing, the county 
 74.6   engineer shall provide to the city or town written comments 
 74.7   stating whether the plat meets county guidelines and describing 
 74.8   any modifications necessary to bring the plat into conformity 
 74.9   with the county guidelines.  No city or town may approve a 
 74.10  preliminary plat until it has received the county engineer's 
 74.11  written comments and recommendations or until the county 
 74.12  engineer's comment period has expired, whichever occurs first.  
 74.13  Within ten business days following a city's or town's approval 
 74.14  of a preliminary plat, the city or town shall submit to the 
 74.15  county board notice of its approval, along with a statement 
 74.16  addressing the disposition of any written comments or 
 74.17  recommendations made by the county engineer.  In the event the 
 74.18  city or town does not amend the plat to conform to the 
 74.19  recommendations made by the county engineer, representatives 
 74.20  from the county and city or town shall meet to discuss the 
 74.21  differences and determine whether changes to the plat are 
 74.22  appropriate prior to final approval.  This requirement shall not 
 74.23  extend the time deadlines for preliminary or final approval as 
 74.24  required under this section, section 15.99 or 462.358, or any 
 74.25  other law, nor shall this requirement prohibit final approval as 
 74.26  required by this section. 
 74.27     (d) A legible preliminary drawing or print of a proposed 
 74.28  preliminary plat shall be acceptable for purposes of review by 
 74.29  the commissioner of transportation or the county highway 
 74.30  engineer.  To such drawing or print there shall be attached a 
 74.31  written statement describing; (1) the outlet for and means of 
 74.32  disposal of surface waters from the proposed platted area, (2) 
 74.33  the land use designation or zoning category of the proposed 
 74.34  platted area, (3) the locations of ingress and egress to the 
 74.35  proposed platted area, and (4) a preliminary site plan for the 
 74.36  proposed platted area, with dimensions to scale, authenticated 
 75.1   by a registered engineer or land surveyor, showing the existing 
 75.2   or proposed state highway, county road, or county highway and 
 75.3   all existing and proposed rights-of-way, easements, general lot 
 75.4   layouts, and lot dimensions.  Failure to obtain the written 
 75.5   comments and recommendations of the commissioner of 
 75.6   transportation or the county highway engineer shall in no manner 
 75.7   affect the title to the lands included in the plat or the 
 75.8   platting of said lands.  A city, town, or county shall file with 
 75.9   the plat, in the office of the county recorder or registrar of 
 75.10  titles, a certificate or other evidence showing submission of 
 75.11  the preliminary plat to the commissioner or county highway 
 75.12  engineer in compliance with this subdivision. 
 75.13     Sec. 102.  Minnesota Statutes 2002, section 609.531, 
 75.14  subdivision 1, is amended to read: 
 75.15     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 75.16  609.531 to 609.5318, the following terms have the meanings given 
 75.17  them.  
 75.18     (a) "Conveyance device" means a device used for 
 75.19  transportation and includes, but is not limited to, a motor 
 75.20  vehicle, trailer, snowmobile, airplane, and vessel and any 
 75.21  equipment attached to it.  The term "conveyance device" does not 
 75.22  include property which is, in fact, itself stolen or taken in 
 75.23  violation of the law.  
 75.24     (b) "Weapon used" means a dangerous weapon as defined under 
 75.25  section 609.02, subdivision 6, that the actor used or had in 
 75.26  possession in furtherance of a crime.  
 75.27     (c) "Property" means property as defined in section 609.52, 
 75.28  subdivision 1, clause (1).  
 75.29     (d) "Contraband" means property which is illegal to possess 
 75.30  under Minnesota law.  
 75.31     (e) "Appropriate agency" means the Bureau of Criminal 
 75.32  Apprehension, the Minnesota Division of Driver and Vehicle 
 75.33  Services, the Minnesota State Patrol, a county sheriff's 
 75.34  department, the Suburban Hennepin Regional Park District park 
 75.35  rangers, the Department of Natural Resources Division of 
 75.36  Enforcement, the University of Minnesota Police Department, or a 
 76.1   city or airport police department.  
 76.2      (f) "Designated offense" includes:  
 76.3      (1) for weapons used:  any violation of this chapter, 
 76.4   chapter 152, or chapter 624; 
 76.5      (2) for driver's license or identification card 
 76.6   transactions:  any violation of section 171.22; and 
 76.7      (3) for all other purposes:  a felony violation of, or a 
 76.8   felony-level attempt or conspiracy to violate, section 325E.17; 
 76.9   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 76.10  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 76.11  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 76.12  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 76.13  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 76.14  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 76.15  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 76.16  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 76.17  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 76.18  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 76.19  609.895; 617.246; or a gross misdemeanor or felony violation of 
 76.20  section 609.891 or 624.7181; or any violation of section 609.324.
 76.21     (g) "Controlled substance" has the meaning given in section 
 76.22  152.01, subdivision 4. 
 76.23     Sec. 103.  Minnesota Statutes 2002, section 609.855, 
 76.24  subdivision 1, is amended to read: 
 76.25     Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES; 
 76.26  MISDEMEANOR.] A person is guilty of a misdemeanor who 
 76.27  intentionally obtains or attempts to obtain service for himself, 
 76.28  herself, or another person from a provider of public 
 76.29  transit service or from a public conveyance, by doing any of the 
 76.30  following: 
 76.31     (1) occupies or rides in any public transit vehicle without 
 76.32  paying the required applicable fare or otherwise obtaining the 
 76.33  consent of an authorized the transit representative. provider 
 76.34  including: 
 76.35     (i) the use of a reduced fare when a person is not eligible 
 76.36  for the fare; or 
 77.1      (ii) the use of a fare medium issued solely for the use of 
 77.2   a particular individual by another individual; 
 77.3      (2) presents a falsified, counterfeit, photocopied, or 
 77.4   other deceptively manipulated fare medium as fare payment or 
 77.5   proof of fare payment; 
 77.6      (3) sells, provides, copies, reproduces, or creates any 
 77.7   version of any fare medium without the consent of the transit 
 77.8   provider; or 
 77.9      (4) puts or attempts to put any of the following into any 
 77.10  fare box, pass reader, ticket vending machine, or other fare 
 77.11  collection equipment of a transit provider: 
 77.12     (i) papers, articles, instruments, or items other than fare 
 77.13  media or currency; or 
 77.14     (ii) a fare medium that is not valid for the place or time 
 77.15  at, or the manner in, which it is used. 
 77.16     Where self-service barrier-free fare collection is utilized 
 77.17  by a public transit provider, it is a violation of this 
 77.18  subdivision to intentionally fail to exhibit proof of fare 
 77.19  payment upon the request of an authorized transit representative 
 77.20  when entering, riding upon, or leaving a transit vehicle or when 
 77.21  present in a designated paid fare zone located in a transit 
 77.22  facility. 
 77.23     Sec. 104.  Minnesota Statutes 2002, section 609.855, is 
 77.24  amended by adding a subdivision to read: 
 77.25     Subd. 7.  [DEFINITIONS.] (a) The definitions in this 
 77.26  subdivision apply in this section.  
 77.27     (b) "Public transit" or "transit" has the meaning given in 
 77.28  section 174.22, subdivision 7. 
 77.29     (c) "Public transit vehicle" or "transit vehicle" means any 
 77.30  vehicle used for the purpose of providing public transit, 
 77.31  whether or not the vehicle is owned or operated by a public 
 77.32  entity. 
 77.33     (d) "Public transit facilities" or "transit facilities" 
 77.34  means any vehicles, equipment, property, structures, stations, 
 77.35  improvements, plants, parking or other facilities, or rights 
 77.36  that are owned, leased, held, or used for the purpose of 
 78.1   providing public transit, whether or not the facility is owned 
 78.2   or operated by a public entity. 
 78.3      (e) "Fare medium" means a ticket, smart card, pass, coupon, 
 78.4   token, transfer, or other medium sold or distributed by a public 
 78.5   transit provider, or its authorized agents, for use in gaining 
 78.6   entry to or use of the public transit facilities or vehicles of 
 78.7   the provider. 
 78.8      (f) "Proof of fare payment" means a fare medium valid for 
 78.9   the place or time at, or the manner in, which it is used.  If 
 78.10  using a reduced-fare medium, proof of fare payment also includes 
 78.11  proper identification demonstrating a person's eligibility for 
 78.12  the reduced fare.  If using a fare medium issued solely for the 
 78.13  use of a particular individual, proof of fare payment also 
 78.14  includes an identification document bearing a photographic 
 78.15  likeness of the individual and demonstrating that the individual 
 78.16  is the person to whom the fare medium is issued. 
 78.17     (g) "Authorized transit representative" means the person 
 78.18  authorized by the transit provider to operate the transit 
 78.19  vehicle, a peace officer, or any other person designated by the 
 78.20  transit provider as an authorized transit provider under this 
 78.21  section. 
 78.22     Sec. 105.  [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 
 78.23  AREAS.] 
 78.24     Until July 1, 2005, the commissioner of transportation may 
 78.25  not close any trunk highway or interstate highway safety rest 
 78.26  area that was open on January 1, 2004, or substantially reduce 
 78.27  the hours of operation of such a rest area below the hours of 
 78.28  operation in effect on January 1, 2004.  
 78.29     [EFFECTIVE DATE.] This section is effective the day 
 78.30  following final enactment. 
 78.31     Sec. 106.  [REPORT ON USE OF CREDIT CARDS BY DEPUTY 
 78.32  REGISTRARS.] 
 78.33     The commissioner of administration shall develop a plan to 
 78.34  allow deputy registrars to avoid or minimize the payment of 
 78.35  transaction fees and costs relating to the acceptance of credit 
 78.36  card charges, and report the plan to the chairs of the house and 
 79.1   senate committees having jurisdiction over transportation 
 79.2   policy, no later than January 10, 2005.  The commissioner shall 
 79.3   identify any statutory changes necessary to implement the plan. 
 79.4      Sec. 107.  [TOWN ROAD SIGN REPLACEMENT PROGRAM.] 
 79.5      Subdivision 1.  [SCOPE OF PROGRAM.] The commissioner of 
 79.6   transportation shall develop and implement a town road sign 
 79.7   replacement program to: 
 79.8      (1) inventory all county and town road signs; 
 79.9      (2) evaluate town road signs for compliance with applicable 
 79.10  sign standards; 
 79.11     (3) remove and replace town road signs as the commissioner 
 79.12  deems necessary; and 
 79.13     (4) establish an ongoing sign maintenance program. 
 79.14     Subd. 2.  [SIGN STANDARDS.] Standards for sign removal, 
 79.15  replacement, and installation must conform to applicable 
 79.16  federal, state, and local safety standards, including 
 79.17  retroreflectivity standards and other provisions of the Manual 
 79.18  on Uniform Traffic Control Devices adopted by the commissioner. 
 79.19     Subd. 3.  [LOCAL GOVERNMENT PARTICIPATION.] The 
 79.20  commissioner may establish conditions for local government 
 79.21  participation in the town road sign replacement program, 
 79.22  including, but not limited to, involvement of county engineers, 
 79.23  and establishment and maintenance by the local government of a 
 79.24  database of county and town road signs. 
 79.25     Subd. 4.  [USE OF APPROPRIATIONS.] The commissioner may 
 79.26  utilize the proceeds of state appropriations for the town road 
 79.27  sign replacement program to match federal funds.  The 
 79.28  commissioner may establish a pilot program in consultation with 
 79.29  the Minnesota Association of Townships. 
 79.30     [EFFECTIVE DATE.] This section takes effect on the 
 79.31  effective date of a state or federal appropriation for the town 
 79.32  road sign replacement program. 
 79.33     Sec. 108.  [REPORT ON DEPARTMENT OF TRANSPORTATION 
 79.34  RIGHT-OF-WAY ACQUISITION PRACTICES.] 
 79.35     The commissioner of administration, in cooperation with an 
 79.36  independent consultant, shall review and report on Department of 
 80.1   Transportation right-of-way acquisition practices, including use 
 80.2   of eminent domain.  The report shall include, but not be limited 
 80.3   to: 
 80.4      (1) acquisition timeline; 
 80.5      (2) department practices relating to acquisition through 
 80.6   direct purchase, including offers and negotiations; 
 80.7      (3) acquisition through eminent domain, including 
 80.8   comparison of condemnation awards with original offers; 
 80.9      (4) department's use of private consultants; 
 80.10     (5) appraisal process, including cost, disclosure, sharing, 
 80.11  and reimbursement; 
 80.12     (6) excess acquisition and subsequent disposition of 
 80.13  property; 
 80.14     (7) department's use of quick-take procedure; and 
 80.15     (8) record keeping and compliance with data practices laws. 
 80.16     The report must be presented to the chairs of the house and 
 80.17  senate committees having jurisdiction over transportation policy 
 80.18  no later than January 14, 2005.  
 80.19     Sec. 109.  [REVISOR'S INSTRUCTION.] 
 80.20     (a) The revisor of statutes shall include in Minnesota 
 80.21  Statutes the uncoded permanent law in section 107, relating to a 
 80.22  town road sign replacement program, when that section becomes 
 80.23  effective. 
 80.24     (b) The revisor of statutes shall renumber each section or 
 80.25  subdivision of Minnesota Statutes listed in column A with the 
 80.26  number listed in column B.  The revisor shall also make 
 80.27  necessary cross-reference changes consistent with the 
 80.28  renumbering. 
 80.29             Column A                     Column B
 80.30             160.27, subdivision 5        160.2715
 80.31             160.277, subdivision 1       160.276, subdivision 2a
 80.32             160.277, subdivision 2       160.276, subdivision 3a
 80.33             160.277, subdivision 3       160.276, subdivision 8
 80.34             160.278, subdivision 1       160.276, subdivision 6
 80.35             160.278, subdivision 3       160.276, subdivision 7
 80.36             160.28, subdivision 2        160.273
 81.1      Sec. 110.  [REPEALER.] 
 81.2      Minnesota Statutes 2002, section 174.50, subdivision 4, is 
 81.3   repealed. 
 81.4                              ARTICLE 2
 81.5                           CAPITAL PROJECTS 
 81.6      Section 1.  [TRUNK HIGHWAY FUND APPROPRIATIONS.] 
 81.7      Subdivision 1.  [ANALOG TO DIGITAL CONVERSION.] $3,000,000 
 81.8   is appropriated to the commissioner of transportation from the 
 81.9   trunk highway fund to continue the conversion of the existing 
 81.10  analog microwave backbone equipment to digital equipment.  This 
 81.11  appropriation is available until expended. 
 81.12     Subd. 2.  [SMALL CAPITAL PROJECTS.] $4,400,000 is 
 81.13  appropriated to the commissioner of transportation from the 
 81.14  trunk highway fund to design, construct, furnish, and equip 
 81.15  statewide building projects, consisting of truck stations, salt 
 81.16  storage facilities, cold storage facilities, and Mankato 
 81.17  headquarters site work.  Of this amount, $600,000 is for the 
 81.18  department's share of the feasibility studies, design, site 
 81.19  preparation, and upgrade of common utility services for a joint 
 81.20  use truck station and public works facility with Pope County.  
 81.21  This appropriation is available until expended. 
 81.22     Sec. 2.  [TRUNK HIGHWAY BOND PROCEEDS ACCOUNT 
 81.23  APPROPRIATIONS.] 
 81.24     Subdivision 1.  [EXTERIOR REPAIR OF TRANSPORTATION 
 81.25  BUILDING.] $3,383,000 is appropriated to the commissioner of 
 81.26  transportation from the trunk highway bond proceeds account to 
 81.27  repair and renovate the exterior of the Department of 
 81.28  Transportation building at 395 John Ireland Boulevard in St. 
 81.29  Paul.  This appropriation is available until expended. 
 81.30     Subd. 2.  [MANKATO HEADQUARTERS BUILDING.] $15,300,000 is 
 81.31  appropriated to the commissioner of transportation from the 
 81.32  trunk highway bond proceeds account to design, construct, 
 81.33  furnish, and equip a new district headquarters facility in 
 81.34  Mankato.  This appropriation is available until expended. 
 81.35     Sec. 3.  [HOLMAN FIELD APPROPRIATION.] 
 81.36     Notwithstanding Minnesota Statutes, section 360.305, 
 82.1   subdivision 6, $6,000,000 is appropriated to the commissioner of 
 82.2   transportation from the state airports fund for transfer to the 
 82.3   Metropolitan Airports Commission to construct a permanent flood 
 82.4   control perimeter dike along the south and east edges of the St. 
 82.5   Paul Downtown Airport/Holman Field.  This appropriation is 
 82.6   available for transfer until June 30, 2007.  The commissioner 
 82.7   may not transfer more than $2,000,000 in any fiscal year. 
 82.8      Sec. 4.  [PORT DEVELOPMENT GRANT.] 
 82.9      Notwithstanding Minnesota Statutes, section 457A.02, the 
 82.10  commissioner may grant up to $100,000 of the funds available in 
 82.11  the port development assistance program to the Duluth Port 
 82.12  Authority to determine the cause of freshwater corrosion of 
 82.13  harbor sheet piling, provided state funds are matched on a 
 82.14  dollar-for-dollar basis by nonstate funds. 
 82.15     Sec. 5.  [BOND SALE.] 
 82.16     To provide the money appropriated by section 2 from the 
 82.17  bond proceeds account in the trunk highway fund, the 
 82.18  commissioner of finance shall sell and issue bonds of the state 
 82.19  in an amount up to $18,683,000 in the manner, on the terms, and 
 82.20  with the effect prescribed by Minnesota Statutes, sections 
 82.21  167.50 to 167.52, and by the Minnesota Constitution, article 
 82.22  XIV, section 11. 
 82.23     Sec. 6.  [MAINTENANCE GARAGE AND STREET REPAIR.] 
 82.24     $635,000 is appropriated from the bond proceeds fund to the 
 82.25  commissioner of employment and economic development for a grant 
 82.26  to the city of Buffalo Lake to design, construct, furnish, and 
 82.27  equip a municipal maintenance garage and reconstruct city 
 82.28  streets damaged by a tornado. 
 82.29     Sec. 7.  [BOND SALE AUTHORIZATION.] 
 82.30     To provide the money appropriated in section 6 from the 
 82.31  bond proceeds fund, the commissioner of finance shall sell and 
 82.32  issue bonds of the state in an amount up to $635,000 in the 
 82.33  manner, upon the terms, and with the effect prescribed by 
 82.34  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
 82.35  Minnesota Constitution, article XI, sections 4 to 7.