HF 3082

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying provision for 
  1.3             handling state mail; allowing vehicle lessors to 
  1.4             choose where renewal notices are sent; modifying and 
  1.5             clarifying provisions regulating parking privileges 
  1.6             for persons with disabilities; clarifying 
  1.7             authorization of collector plates for self-propelled 
  1.8             vehicles; establishing system of permanent 
  1.9             registration for fleet vehicles; clarifying provisions 
  1.10            for refunds of vehicle registration taxes; authorizing 
  1.11            commissioner to prohibit operation by motor carrier 
  1.12            prohibited by federal government to operate in 
  1.13            interstate commerce under performance and registration 
  1.14            information system; modifying provisions governing 
  1.15            fees for and access to driver's license, 
  1.16            identification card, and vehicle registration 
  1.17            information; classifying certain driver and vehicle 
  1.18            service data; reducing amount of information required 
  1.19            on vehicle title documents; modifying notice 
  1.20            procedures for vehicle transfers; authorizing fees; 
  1.21            regulating applications for certificates of title to 
  1.22            vehicles; requiring vehicle dealers to flag vehicles 
  1.23            being held for resale; requiring notice by dealers of 
  1.24            vehicles removed from the state; authorizing removal 
  1.25            of certain old liens from department records; 
  1.26            providing for electronic filing of motor carrier fuel 
  1.27            tax; providing for two-year learner permits; 
  1.28            increasing disqualification offenses for commercial 
  1.29            driver to include serious offenses committed in 
  1.30            noncommercial vehicle; modifying provision governing 
  1.31            issuance of limited drivers' licenses; adding offense 
  1.32            of using forged document to obtain driver's license as 
  1.33            a crime subjecting offender's property to forfeiture; 
  1.34            abolishing provision allowing distribution of abstract 
  1.35            of driver's record; abolishing provision making 
  1.36            commissioner the agent for certain persons for purpose 
  1.37            of receiving service of process relating to an action 
  1.38            to recover damages from traffic accident; making 
  1.39            technical and clarifying changes; amending Minnesota 
  1.40            Statutes 2002, sections 16B.49; 168.011, subdivision 
  1.41            5a; 168.021, subdivisions 1, 1a, 2a, 2b, 3; 168.10, 
  1.42            subdivisions 1a, 1c, 1d; 168.127, subdivision 3; 
  1.43            168.15, subdivision 1; 168.16; 168.187, by adding a 
  1.44            subdivision; 168.31, subdivision 5; 168.325, by adding 
  1.45            subdivisions; 168.346; 168A.04, subdivision 1; 
  1.46            168A.05, subdivisions 3, 5; 168A.10, subdivision 1; 
  2.1             168A.11, subdivisions 1, 2; 168A.20, by adding a 
  2.2             subdivision; 168D.08; 169.345, subdivisions 2, 3, 4; 
  2.3             169.346; 171.05, subdivisions 1, 2; 171.12, 
  2.4             subdivision 7; 171.165, subdivisions 1, 4, by adding a 
  2.5             subdivision; 171.26; 171.30, subdivision 1; 609.531, 
  2.6             subdivision 1; repealing Minnesota Statutes 2002, 
  2.7             sections 168.345, subdivisions 3, 4; 170.23; 170.55; 
  2.8             171.12, subdivision 8. 
  2.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.10     Section 1.  Minnesota Statutes 2002, section 16B.49, is 
  2.11  amended to read: 
  2.12     16B.49 [CENTRAL MAILING SYSTEM.] 
  2.13     (a) The commissioner shall maintain and operate for state 
  2.14  agencies, departments, institutions, and offices a central mail 
  2.15  handling unit.  Official, outgoing mail for units in St. Paul 
  2.16  must be delivered unstamped to the unit.  The unit shall also 
  2.17  operate an interoffice mail distribution system.  The department 
  2.18  may add personnel and acquire equipment that may be necessary to 
  2.19  operate the unit efficiently and cost-effectively.  Account must 
  2.20  be kept of the postage required on that mail, which is then a 
  2.21  proper charge against the agency delivering the mail.  To 
  2.22  provide funds for the payment of postage, each agency shall make 
  2.23  advance payments to the commissioner sufficient to cover its 
  2.24  postage obligations for at least 60 days.  For purposes of this 
  2.25  section, the Minnesota State Colleges and Universities is a 
  2.26  state agency. 
  2.27     (b) Notwithstanding paragraph (a) or section 16C.09, the 
  2.28  commissioner may approve the performance of mail-related 
  2.29  functions by an agency outside the state's central mail-handling 
  2.30  unit if the agency demonstrates it furthers program 
  2.31  effectiveness, better use of services, greater efficiency, or 
  2.32  greater economy in state government. 
  2.33     Sec. 2.  Minnesota Statutes 2002, section 168.011, 
  2.34  subdivision 5a, is amended to read: 
  2.35     Subd. 5a.  [REGISTERED OWNER.] "Registered owner" means any 
  2.36  person, firm, association, or corporation, other than a secured 
  2.37  party, having title to a motor vehicle.  If a passenger 
  2.38  automobile, as defined in subdivision 7, is under lease for a 
  2.39  term of 180 days or more, the lessee is deemed to be the 
  3.1   registered owner, for purposes of registration only,; provided 
  3.2   that (1) the application for renewal of the registration of a 
  3.3   passenger automobile described in this subdivision shall be is 
  3.4   sent to the lessor or (2) if the lessor so chooses and notifies 
  3.5   the registrar, each application for renewal of the registration 
  3.6   of each of that lessor's leased vehicles is sent to the 
  3.7   registered owner. 
  3.8      Sec. 3.  Minnesota Statutes 2002, section 168.021, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [SPECIAL PLATES; APPLICATION.] (a) When a 
  3.11  motor vehicle registered under section 168.017, a motorcycle, a 
  3.12  truck having a manufacturer's nominal rated capacity of one ton 
  3.13  and resembling a pickup truck, or a self-propelled recreational 
  3.14  vehicle is owned or primarily operated by a permanently 
  3.15  physically disabled person or a custodial parent or guardian of 
  3.16  a permanently physically disabled minor, the owner may apply for 
  3.17  and secure from the registrar of motor vehicles (1) immediately, 
  3.18  a temporary permit valid for 30 days, if the applicant is 
  3.19  eligible for the special plates issued under this paragraph, and 
  3.20  (2) two license plates with attached emblems, one plate to be 
  3.21  attached to the front, and one to the rear of the vehicle.  The 
  3.22  commissioner shall not issue more than one set of license plates 
  3.23  to any owner at the same time unless all vehicles have been 
  3.24  specifically modified for and are used exclusively by a 
  3.25  permanently physically disabled person.  When the owner first 
  3.26  applies for the plates, the owner must submit a physician's 
  3.27  medical statement on a form developed by the commissioner under 
  3.28  section 169.345, or proof of physical disability provided for in 
  3.29  that section, except that no physician's medical statement or 
  3.30  proof of disability is required when an owner applies for plates 
  3.31  for one or more commercial motor vehicles that are specially 
  3.32  modified for and used exclusively by permanently physically 
  3.33  disabled persons. 
  3.34     (b) The owner of a motor vehicle may apply for and secure 
  3.35  (i) immediately, a temporary permit valid for 30 days, if the 
  3.36  person is eligible to receive the special plates issued under 
  4.1   this paragraph, and (ii) a set of special plates for a motor 
  4.2   vehicle if: 
  4.3      (1) the owner employs a permanently physically disabled 
  4.4   person who would qualify for special plates under this section; 
  4.5   and 
  4.6      (2) the owner furnishes the motor vehicle to the physically 
  4.7   disabled person for the exclusive use of that person in the 
  4.8   course of employment. 
  4.9      Sec. 4.  Minnesota Statutes 2002, section 168.021, 
  4.10  subdivision 1a, is amended to read: 
  4.11     Subd. 1a.  [SCOPE OF PRIVILEGE.] If a physically disabled 
  4.12  person parks a vehicle displaying license plates described in 
  4.13  this section, or a temporary permit valid for 30 days and issued 
  4.14  to an eligible person awaiting receipt of the license plates 
  4.15  described in this section, or any person parks the vehicle for a 
  4.16  physically disabled person, that person shall be is entitled to 
  4.17  park the vehicle as provided in section 169.345.  
  4.18     Sec. 5.  Minnesota Statutes 2002, section 168.021, 
  4.19  subdivision 2a, is amended to read: 
  4.20     Subd. 2a.  [PLATE RETURN, VEHICLE TRANSFER.] (a) When 
  4.21  vehicle ownership is transferred, the owner seller of the 
  4.22  vehicle shall remove the special plates from the vehicle and 
  4.23  return them to the registrar.  The buyer of the vehicle shall 
  4.24  repay the $1 credit for each month remaining in the registration 
  4.25  period for which the special plates were issued.  On returning 
  4.26  the plates and repaying the remaining credit, the buyer is 
  4.27  entitled to receive regular plates for the vehicle without 
  4.28  further cost for the rest remainder of the registration period. 
  4.29     (b) Notwithstanding section 168.12, subdivision 1, the 
  4.30  special plates may be transferred to a replacement motor vehicle 
  4.31  on notification to the registrar.  However, the special plates 
  4.32  may not be transferred unless the replacement motor vehicle (1) 
  4.33  is registered under section 168.017 or is a self-propelled 
  4.34  recreational vehicle, and (2) is owned or primarily operated by 
  4.35  the permanently physically disabled person. 
  4.36     (c) The transferor shall not receive the $1 credit for each 
  5.1   month the replacement vehicle is registered until the time of 
  5.2   renewal or first application for registration on the replacement 
  5.3   vehicle. 
  5.4      Sec. 6.  Minnesota Statutes 2002, section 168.021, 
  5.5   subdivision 2b, is amended to read: 
  5.6      Subd. 2b.  [WHEN NOT ELIGIBLE.] On becoming ineligible for 
  5.7   the special plates, the owner of the vehicle shall remove the 
  5.8   special plates and return them to the registrar.  The owner 
  5.9   shall repay the $1 credit for each month remaining in the 
  5.10  registration period for which the special plates were issued.  
  5.11  On returning the plates and repaying the remaining credit, the 
  5.12  owner may receive regular plates for the vehicle without further 
  5.13  cost for the rest remainder of the registration period.  
  5.14     Sec. 7.  Minnesota Statutes 2002, section 168.021, 
  5.15  subdivision 3, is amended to read: 
  5.16     Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
  5.17  person who uses the plates or temporary permit provided under 
  5.18  this section on a motor vehicle in violation of this section is 
  5.19  guilty of a misdemeanor, and is subject to a fine of $500.  This 
  5.20  subdivision does not preclude a person who is not physically 
  5.21  disabled from operating a vehicle bearing the plates or 
  5.22  temporary permit if:  
  5.23     (1) the person is the owner of the vehicle and permits its 
  5.24  operation by a physically disabled person; 
  5.25     (2) the person operates the vehicle with the consent of the 
  5.26  owner who is physically disabled; or 
  5.27     (3) the person is the owner of the vehicle, is the 
  5.28  custodial parent or guardian of a permanently physically 
  5.29  disabled minor, and operates the vehicle to transport the minor. 
  5.30     (b) A driver who is not disabled is not entitled to the 
  5.31  parking privileges provided in this section and in section 
  5.32  169.346 unless parking the vehicle for a physically disabled 
  5.33  person. 
  5.34     Sec. 8.  Minnesota Statutes 2002, section 168.10, 
  5.35  subdivision 1a, is amended to read: 
  5.36     Subd. 1a.  [COLLECTOR'S VEHICLE, PIONEER LICENSE.] (a) 
  6.1   Any self-propelled motor vehicle manufactured prior to 1936 and 
  6.2   owned and operated solely as a collector's item shall must be 
  6.3   listed for taxation and registration as follows:  An 
  6.4   affidavit shall must be executed stating the name and address of 
  6.5   the owner, the name and address of the person from whom 
  6.6   purchased, the make of the motor vehicle, the year and number of 
  6.7   the model, the manufacturer's identification number, and that 
  6.8   the vehicle is owned and operated solely as a collector's item 
  6.9   and not for general transportation purposes.  If the registrar 
  6.10  is satisfied that the affidavit is true and correct and the 
  6.11  owner pays a $25 tax, the registrar shall list such the vehicle 
  6.12  for taxation and registration and shall issue a single number 
  6.13  plate. 
  6.14     (b) The number plate so issued shall must bear the 
  6.15  inscription "Pioneer," "Minnesota" and the registration number 
  6.16  or other combination of characters authorized under section 
  6.17  168.12, subdivision 2a, but no date.  The number plate is valid 
  6.18  without renewal as long as the vehicle is in existence.  The 
  6.19  registrar has the power to revoke said the plate for failure to 
  6.20  comply with this subdivision. 
  6.21     Sec. 9.  Minnesota Statutes 2002, section 168.10, 
  6.22  subdivision 1c, is amended to read: 
  6.23     Subd. 1c.  [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a) 
  6.24  The owner of any self-propelled motor vehicle, including any 
  6.25  truck, that is at least 20 model years old, was manufactured 
  6.26  after 1935, and is owned and operated solely as a collector's 
  6.27  vehicle, shall list the vehicle for taxation and registration as 
  6.28  follows:  
  6.29     (1) execute an affidavit stating the name and address of 
  6.30  the person from whom purchased and of the new owner, the make of 
  6.31  the motor vehicle, the year and number of the model, the 
  6.32  manufacturer's identification number, and that the vehicle is 
  6.33  owned and operated solely as a collector's item and not for 
  6.34  general transportation purposes; and 
  6.35     (2) prove that the owner also has one or more vehicles with 
  6.36  regular license plates.  
  7.1   If the registrar is satisfied that the affidavit is true and 
  7.2   correct and the owner pays a $25 tax, the registrar shall list 
  7.3   the vehicle for taxation and registration and shall issue a 
  7.4   single number plate. 
  7.5      (b) The number plate issued shall must bear the inscription 
  7.6   "Collector," "Minnesota," and the registration number or other 
  7.7   combination of characters authorized under section 168.12, 
  7.8   subdivision 2a, but no date.  The number plate is valid without 
  7.9   renewal as long as the vehicle is in existence.  The registrar 
  7.10  has the power to revoke the plate for failure to comply with 
  7.11  this subdivision. 
  7.12     Sec. 10.  Minnesota Statutes 2002, section 168.10, 
  7.13  subdivision 1d, is amended to read: 
  7.14     Subd. 1d.  [COLLECTOR'S VEHICLE, STREET ROD LICENSE.] Any 
  7.15  modernized self-propelled motor vehicle manufactured prior to 
  7.16  the year 1949 or designed and manufactured to resemble such 
  7.17  vehicle shall must be listed for taxation and registration as 
  7.18  follows: 
  7.19     An affidavit shall must be executed stating the name and 
  7.20  address of the person from whom purchased and of the new owner, 
  7.21  the make of the motor vehicle, year number of model, and the 
  7.22  manufacturer's identification number.  The affidavit shall must 
  7.23  further state that the vehicle is owned and operated solely as a 
  7.24  street rod and not for general transportation purposes.  The 
  7.25  owner must also prove that the owner has one or more vehicles 
  7.26  with regular license plates.  If the registrar is satisfied that 
  7.27  the affidavit is true and correct and the owner pays a $25 tax, 
  7.28  the registrar shall list such the vehicle for taxation and 
  7.29  registration and shall issue a single number plate.  
  7.30     The number plate issued shall must bear the inscription 
  7.31  "Street Rod", "Minnesota" and the registration number or other 
  7.32  combination of characters authorized under section 168.12, 
  7.33  subdivision 2a, but no date.  The number plate is valid without 
  7.34  renewal as long as the vehicle is in existence.  The registrar 
  7.35  has the power to revoke such the plate for failure to comply 
  7.36  with this subdivision. 
  8.1      Sec. 11.  Minnesota Statutes 2002, section 168.127, 
  8.2   subdivision 3, is amended to read: 
  8.3      Subd. 3.  [REGISTRATION CARDS ISSUED.] On approval of the 
  8.4   application for fleet registration, the commissioner must shall 
  8.5   issue a registration card for each qualified vehicle in the 
  8.6   fleet.  The registration card remains valid until the vehicle 
  8.7   has been properly deleted from the fleet in the manner described 
  8.8   in subdivision 5 and must be carried in the vehicle at all times 
  8.9   and be made available to a peace officer on demand.  The 
  8.10  registered gross weight must be indicated on the license plate. 
  8.11     Sec. 12.  Minnesota Statutes 2002, section 168.15, 
  8.12  subdivision 1, is amended to read: 
  8.13     Subdivision 1.  [TRANSFER OF OWNERSHIP.] (a) Upon the 
  8.14  transfer of ownership, destruction, theft, dismantling, or 
  8.15  permanent removal by the owner from this state of any motor 
  8.16  vehicle registered in accordance with this chapter, the right of 
  8.17  the owner of the vehicle to use the registration certificate and 
  8.18  number plates assigned to the vehicle expires.  
  8.19     (b) When the ownership of a motor vehicle is transferred to 
  8.20  another resident of this state, the transferor shall surrender 
  8.21  the registration plates, unless otherwise provided for in this 
  8.22  chapter, and assign the registration tax paid to the credit of 
  8.23  the transferee unless the registration plates and stickers are 
  8.24  surrendered to the registrar before the first day of the new 
  8.25  registration period. 
  8.26     (c) When seeking to become the owner by gift, trade, or 
  8.27  purchase of any vehicle for which a registration certificate has 
  8.28  been issued under this chapter, a person shall join with the 
  8.29  registered owner in transmitting with the application the 
  8.30  registration certificate, with the assignment and notice of sale 
  8.31  duly executed upon the reverse side, or, in case of loss of the 
  8.32  certificate, with proof of loss by sworn statement, in writing, 
  8.33  and satisfactory to the registrar.  
  8.34     (d) Upon the transfer of any motor vehicle by a 
  8.35  manufacturer or dealer, for use within the state, whether by 
  8.36  sale, lease, or otherwise, the manufacturer or dealer shall, 
  9.1   within ten days after the transfer, file with the registrar a 
  9.2   notice or report containing the date of transfer, a description 
  9.3   of the motor vehicle, and the transferee's name, street and 
  9.4   number of residence, if in a city, and post office address, and 
  9.5   shall also transmit with it the transferee's application for 
  9.6   registration. 
  9.7      Sec. 13.  Minnesota Statutes 2002, section 168.16, is 
  9.8   amended to read: 
  9.9      168.16 [REFUND; APPROPRIATION.] 
  9.10     (a) After the tax upon any motor vehicle has been paid for 
  9.11  any year, refund must be made for errors made in computing the 
  9.12  tax or fees and for the error on the part of an owner who may in 
  9.13  error have registered a motor vehicle that was not before, nor 
  9.14  at the time of registration, nor at any time thereafter during 
  9.15  the current past year, subject to tax in this state as provided 
  9.16  by section 168.012.  Unless otherwise provided in this chapter, 
  9.17  a claim for a refund of an overpayment of registration tax must 
  9.18  be filed within 3-1/2 years from the date of payment.  The 
  9.19  refund must be made from any fund in possession of the registrar 
  9.20  and deducted from the registrar's monthly report to the 
  9.21  commissioner of finance.  A detailed report of the refund must 
  9.22  accompany the report.  The former owner of a transferred 
  9.23  vehicle, by an assignment in writing endorsed upon the 
  9.24  registration certificate and delivered to the registrar within 
  9.25  the time provided in this subdivision, shall assign, except for 
  9.26  vehicles registered under section 168.187, to the new owner the 
  9.27  right to have the tax paid by the former owner accredited to the 
  9.28  owner who duly registers the vehicle unless the registration 
  9.29  plates and stickers are surrendered to the registrar before the 
  9.30  first day of the new registration period.  Any owner at the time 
  9.31  of such occurrence the transfer, whose vehicle is declared by an 
  9.32  insurance company to be a total loss due to flood or tornado 
  9.33  damage, permanently destroyed accident, fire, or act of God, 
  9.34  or whose vehicle is sold to the federal government, the state, 
  9.35  or a political subdivision of the state, shall upon filing a 
  9.36  verified claim be is entitled to a refund of the unused portion 
 10.1   of the tax paid upon the vehicle, upon filing a verified claim.  
 10.2   The refund must be computed as follows: 
 10.3      (1) if the vehicle is registered under the calendar year 
 10.4   system of registration, the refund is computed pro rata by the 
 10.5   month, 1/12 of the annual tax paid for each month of the year 
 10.6   remaining after the month in which the plates and certificate 
 10.7   were returned to the registrar; or 
 10.8      (2) if the vehicle is registered under the monthly series 
 10.9   system of registration, the amount of the refund is equal to the 
 10.10  sum of the amounts of the license fee attributable to those 
 10.11  months remaining in the licensing period after the month in 
 10.12  which the plates and certificate were returned to the registrar. 
 10.13     (b) There is hereby appropriated to the persons entitled to 
 10.14  a refund, from the fund or account in the state treasury to 
 10.15  which the money was credited, an amount sufficient to make the 
 10.16  refund and payment.  
 10.17     Sec. 14.  Minnesota Statutes 2002, section 168.187, is 
 10.18  amended by adding a subdivision to read: 
 10.19     Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
 10.20  public safety shall refuse to issue a vehicle registration, 
 10.21  license plate, or permit to a vehicle licensed under this 
 10.22  section if the vehicle is assigned to a commercial motor carrier 
 10.23  who has been prohibited from operating in interstate commerce by 
 10.24  a federal agency with authority to do so under federal law. 
 10.25     The commissioner of public safety may suspend, revoke, or 
 10.26  remove the vehicle registration license plate or vehicle 
 10.27  registration permit to a vehicle licensed under this section if 
 10.28  the vehicle is assigned to a commercial motor carrier who has 
 10.29  been prohibited from operating in interstate commerce by a 
 10.30  federal agency with authority to do so under federal law. 
 10.31     If the prohibition by the federal agency is rescinded, the 
 10.32  commissioner of public safety may reinstate a vehicle 
 10.33  registration under this section if registration taxes and fees 
 10.34  have been paid. 
 10.35     Sec. 15.  Minnesota Statutes 2002, section 168.31, 
 10.36  subdivision 5, is amended to read: 
 11.1      Subd. 5.  [REFUND.] For the annual tax paid on any vehicle 
 11.2   before the calendar year for which that tax was assessed, the 
 11.3   owner of the vehicle who paid the tax shall be is entitled to 
 11.4   full refund if such vehicle is permanently destroyed (1) the 
 11.5   registration plates and stickers are surrendered before the 
 11.6   first day of the new registration period or (2) the vehicle is 
 11.7   removed from the state before the calendar registration year for 
 11.8   which the tax was paid or if it is not used at all during the 
 11.9   calendar year for which the tax was paid, and the owner makes 
 11.10  affidavit concerning the nonuse as provided by section 168.012. 
 11.11     Sec. 16.  Minnesota Statutes 2002, section 168.325, is 
 11.12  amended by adding a subdivision to read: 
 11.13     Subd. 5.  [RECORD; FEE; ADMISSIBLE IN EVIDENCE.] The 
 11.14  commissioner shall furnish upon request any authorized person a 
 11.15  certified copy of any divisional operating record.  If there is 
 11.16  no record of any conviction of the person of violating any law 
 11.17  relating to the operation of a motor vehicle or of any injury or 
 11.18  damage caused by that person, the commissioner shall so 
 11.19  certify.  These records are not admissible as evidence in any 
 11.20  action for damages or criminal proceedings arising out of a 
 11.21  motor vehicle accident.  The requester shall pay a fee of $5 for 
 11.22  each record.  The commissioner shall permit an authorized person 
 11.23  to inquire into a record by means of the inquiring person's own 
 11.24  computer facilities for a fee of $2 for each inquiry, except 
 11.25  that no fee will be charged when the requester is the subject of 
 11.26  the data.  The commissioner shall furnish a record that is not 
 11.27  certified for a fee of $4.  In addition to the record fee, the 
 11.28  fee for a copy of any supporting document is $1 for each 
 11.29  application requested.  Fees collected under this section for 
 11.30  driver's license records must be paid into the state treasury 
 11.31  with 90 percent credited to the trunk highway fund and ten 
 11.32  percent credited to the general fund.  All other fees collected 
 11.33  under this section must be credited to the general fund. 
 11.34     Sec. 17.  Minnesota Statutes 2002, section 168.325, is 
 11.35  amended by adding a subdivision to read: 
 11.36     Subd. 6.  [REQUESTS FOR INFORMATION; SURCHARGE ON 
 12.1   FEE.] Except as otherwise provided in subdivision 7, the 
 12.2   commissioner shall impose a surcharge of 50 cents on each fee 
 12.3   charged by the commissioner under section 13.03, subdivision 3, 
 12.4   for copies or electronic transmittal of public information 
 12.5   concerning motor vehicle registration, driver's license, and 
 12.6   Minnesota identification card applicants.  This surcharge only 
 12.7   applies to a fee imposed in responding to a request made in 
 12.8   person or by mail, or to a request for transmittal through a 
 12.9   computer modem.  The surcharge does not apply to the request of 
 12.10  an individual for information concerning that individual's 
 12.11  driver's license or Minnesota identification card, or vehicles 
 12.12  registered in that individual's name.  The surcharges collected 
 12.13  under this subdivision must be credited to the general fund. 
 12.14     Sec. 18.  Minnesota Statutes 2002, section 168.325, is 
 12.15  amended by adding a subdivision to read: 
 12.16     Subd. 7.  [EXCEPTION TO FEE AND SURCHARGE.] (a) 
 12.17  Notwithstanding subdivision 3 or section 13.03, a fee or 
 12.18  surcharge may not be imposed in responding to a request for 
 12.19  public information concerning motor vehicle registrations if the 
 12.20  commissioner is satisfied that: 
 12.21     (1) the requester seeks the information on behalf of a 
 12.22  community-based, nonprofit organization designated by the local 
 12.23  law enforcement agency to be a requester; and 
 12.24     (2) the information is needed in order to identify 
 12.25  suspected prostitution law violators, controlled substance law 
 12.26  violators, or health code violators.  
 12.27     (b) The commissioner may not require a requester to make a 
 12.28  certain minimum number of data requests nor limit a requester to 
 12.29  a certain maximum number of data requests. 
 12.30     Sec. 19.  Minnesota Statutes 2002, section 168.346, is 
 12.31  amended to read: 
 12.32     168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
 12.33     (a) The registered owner of a motor vehicle may request in 
 12.34  writing that the owner's residence address or name and residence 
 12.35  address be classified as private data on individuals, as defined 
 12.36  in section 13.02, subdivision 12.  The commissioner shall grant 
 13.1   the classification upon receipt of a signed statement by the 
 13.2   owner that the classification is required for the safety of the 
 13.3   owner or the owner's family, if the statement also provides a 
 13.4   valid, existing address where the owner consents to receive 
 13.5   service of process.  The commissioner shall use the mailing 
 13.6   address in place of the residence address in all documents and 
 13.7   notices pertaining to the motor vehicle.  The residence address 
 13.8   or name and residence address and any information provided in 
 13.9   the classification request, other than the mailing address, are 
 13.10  private data on individuals and may be provided to requesting 
 13.11  law enforcement agencies, probation and parole agencies, and 
 13.12  public authorities, as defined in section 518.54, subdivision 
 13.13  9 Data on individuals provided to register a motor vehicle is 
 13.14  public data on individuals and must be disclosed to the extent 
 13.15  permitted by United States Code, title 18, section 2721, 
 13.16  subsection (b). 
 13.17     (b) An individual registered owner of a motor vehicle must 
 13.18  be informed in a clear and conspicuous manner on the forms for 
 13.19  issuance or renewal of titles and registrations, that the 
 13.20  owner's personal information may be disclosed consent in writing 
 13.21  to the department to disclose their personal information 
 13.22  exempted by United States Code, title 18, section 2721, 
 13.23  subsection (b), to any person who makes a request for the 
 13.24  personal information, and that, except for uses permitted by 
 13.25  United States Code, title 18, section 2721, subsection (b),.  If 
 13.26  the registered owner may prohibit disclosure of the personal 
 13.27  information by so indicating on the form so authorizes, the 
 13.28  commissioner shall implement the request in a timely manner.  
 13.29  For purposes of this paragraph, access by requesters making 
 13.30  requests described in section 168.345 168.325, subdivision 4 7, 
 13.31  is deemed to be related to public safety.  
 13.32     (c) At the time of registration or renewal, If authorized 
 13.33  by the individual registered owner of a motor vehicle must also 
 13.34  be informed in a clear and conspicuous manner on forms that as 
 13.35  indicated in paragraph (b), the owner's personal information may 
 13.36  be used, rented, or sold solely for bulk distribution by 
 14.1   organizations for business purposes including surveys, 
 14.2   marketing, and solicitation.  The commissioner shall implement 
 14.3   methods and procedures that enable the registered owner to 
 14.4   request that bulk surveys, marketing, or solicitation not be 
 14.5   directed to the owner.  If the registered owner so requests, the 
 14.6   commissioner shall implement the request in a timely manner and 
 14.7   the personal information may not be so used. 
 14.8      (d) The commissioner shall disclose personal information 
 14.9   when the use is related to the operation of a motor vehicle or 
 14.10  public safety.  The use of personal information is related to 
 14.11  public safety if it concerns the physical safety or security of 
 14.12  drivers, vehicles, pedestrians, or property.  The commissioner 
 14.13  may refuse to disclose data under this paragraph when the 
 14.14  commissioner concludes that the requester is likely to use the 
 14.15  data for illegal, improper, or noninvestigative purposes. 
 14.16     (e) To the extent permitted by United States Code, title 
 14.17  18, section 2721, data on individuals provided to register a 
 14.18  motor vehicle is public data on individuals and shall be 
 14.19  disclosed as permitted by United States Code, title 18, section 
 14.20  2721, subsection (b).  The registered owner of a motor vehicle 
 14.21  may request in writing that the owner's residence address or 
 14.22  name and residence address be classified as private data on 
 14.23  individuals, as defined in section 13.02, subdivision 12.  The 
 14.24  commissioner shall grant the classification upon receipt of a 
 14.25  signed statement by the owner that the classification is 
 14.26  required for the safety of the owner or the owner's family, if 
 14.27  the statement also provides a valid, existing address where the 
 14.28  owner consents to receive service of process.  The commissioner 
 14.29  shall use the mailing address in place of the residence address 
 14.30  in all documents and notices pertaining to the motor vehicle.  
 14.31  The residence address or name and residence address and any 
 14.32  information provided in the classification request, other than 
 14.33  the mailing address, are private data on individuals and may be 
 14.34  provided to requesting law enforcement agencies, probation and 
 14.35  parole agencies, and public authorities, as defined in section 
 14.36  518.54, subdivision 9.  
 15.1      Sec. 20.  Minnesota Statutes 2002, section 168A.04, 
 15.2   subdivision 1, is amended to read: 
 15.3      Subdivision 1.  [CONTENTS.] The application for the first 
 15.4   certificate of title of a vehicle in this state shall be made by 
 15.5   the owner to the department on the form prescribed by the 
 15.6   department and shall contain: 
 15.7      (1) the first, middle, and last names, and the dates of 
 15.8   birth, and addresses of all owners who are natural persons, the 
 15.9   full names and addresses of all other owners, and the residence 
 15.10  address of the first owner listed on the application or, if not 
 15.11  a natural person, the address of the physical location of the 
 15.12  owner; 
 15.13     (2) a description of the vehicle including, so far as the 
 15.14  following data exists, its make, model, year, identifying 
 15.15  number, type of body, and whether new or used; 
 15.16     (3) the date of purchase by applicant, the name and address 
 15.17  of the person from whom the vehicle was acquired, the names and 
 15.18  addresses of any secured parties in the order of their priority, 
 15.19  and the dates of their respective security agreements; 
 15.20     (4) with respect to motor vehicles subject to the 
 15.21  provisions of section 325E.15, the true cumulative mileage 
 15.22  registered on the odometer or that the actual mileage is unknown 
 15.23  if the odometer reading is known by the owner to be different 
 15.24  from the true mileage; 
 15.25     (5) with respect to vehicles subject to section 325F.6641, 
 15.26  whether the vehicle sustained damage by collision or other 
 15.27  occurrence which exceeded 70 percent of the actual cash value; 
 15.28  and 
 15.29     (6) any further information the department reasonably 
 15.30  requires to identify the vehicle and to enable it to determine 
 15.31  whether the owner is entitled to a certificate of title, and the 
 15.32  existence or nonexistence and priority of any security interest 
 15.33  in the vehicle. 
 15.34     Sec. 21.  Minnesota Statutes 2002, section 168A.05, 
 15.35  subdivision 3, is amended to read: 
 15.36     Subd. 3.  [CONTENT OF CERTIFICATE.] Each certificate of 
 16.1   title issued by the department shall contain: 
 16.2      (1) the date issued; 
 16.3      (2) the first, middle, and last names, and the dates of 
 16.4   birth, and addresses of all owners who are natural persons, the 
 16.5   full names and addresses of all other owners, and the residence 
 16.6   address of the first owner listed on the application or, if not 
 16.7   a natural person, the address of the physical location of the 
 16.8   owner; 
 16.9      (3) the names name and addresses address of any the 
 16.10  secured parties party first in the order of priority as shown on 
 16.11  the application, or if the application is based on a certificate 
 16.12  of title, as shown on the certificate, or as otherwise 
 16.13  determined by the department; 
 16.14     (4) any liens filed pursuant to a court order or by a 
 16.15  public agency responsible for child support enforcement against 
 16.16  the owner; 
 16.17     (5) the title number assigned to the vehicle; 
 16.18     (6) a description of the vehicle including, so far as the 
 16.19  following data exists, its make, model, year, identifying 
 16.20  number, type of body, whether new or used, and if a new vehicle, 
 16.21  the date of the first sale of the vehicle for use; 
 16.22     (7) with respect to motor vehicles subject to the 
 16.23  provisions of section 325E.15, the true cumulative mileage 
 16.24  registered on the odometer or that the actual mileage is unknown 
 16.25  if the odometer reading is known by the owner to be different 
 16.26  from the true mileage; 
 16.27     (8) with respect to vehicles subject to sections 325F.6641 
 16.28  and 325F.6642, the appropriate term "flood damaged," "rebuilt," 
 16.29  "prior salvage," or "reconstructed"; and 
 16.30     (9) any other data the department prescribes. 
 16.31     Sec. 22.  Minnesota Statutes 2002, section 168A.05, 
 16.32  subdivision 5, is amended to read: 
 16.33     Subd. 5.  [FORMS.] (a) The certificate of title shall must 
 16.34  contain forms: 
 16.35     (1) for assignment and warranty of title by the owner; 
 16.36     (2) for assignment and warranty of title by a dealer; 
 17.1      (3) to apply for a certificate of title by a transferee; 
 17.2      (4) to name a secured party; and 
 17.3      (5) to make the disclosure required by section 325F.6641.  
 17.4      (b) The certificate of title must also include a separate 
 17.5   detachable postcard entitled "Notice of Sale" that contains, but 
 17.6   is not limited to, the vehicle's title number and vehicle 
 17.7   identification number.  The postcard must include sufficient 
 17.8   space for the owner to record the purchaser's name, address, and 
 17.9   driver's license number, if any, and the date of sale.  The 
 17.10  notice of sale must include clear instructions regarding the 
 17.11  owner's responsibility to complete and return the form, or to 
 17.12  transmit the required information electronically in a form 
 17.13  acceptable to the commissioner, regarding the sale of the 
 17.14  vehicle pursuant to section 168A.10, subdivision 1. 
 17.15     Sec. 23.  Minnesota Statutes 2002, section 168A.10, 
 17.16  subdivision 1, is amended to read: 
 17.17     Subdivision 1.  [ASSIGNMENT AND WARRANTY OF TITLE; NOTICE, 
 17.18  MILEAGE; NOTICE OF SALE, FEE.] If an owner transfers interest in 
 17.19  a vehicle other than by the creation of a security interest, the 
 17.20  owner shall at the time of the delivery of the vehicle execute 
 17.21  an assignment and warranty of title to the transferee and shall 
 17.22  state the actual selling price in the space provided on the 
 17.23  certificate.  Within ten days of the date of sale, other than a 
 17.24  sale by or to a licensed motor vehicle dealer, the owner shall:  
 17.25  (1) complete, detach, and return to the department the postcard 
 17.26  on the certificate entitled "Notice of Sale," if one is 
 17.27  provided, including the transferee's name, address, and driver's 
 17.28  license number, if any, and the date of sale; or (2) transmit 
 17.29  this information electronically in a form acceptable to notify 
 17.30  the commissioner.  With respect to The notice must contain the 
 17.31  following information:  buyer's driver's license number, name, 
 17.32  address, and date of birth.  The commissioner shall provide 
 17.33  citizens the ability to file this notice electronically.  
 17.34  Notification of sale may also be completed at a deputy 
 17.35  registrar's office.  If completed at a deputy's office, the 
 17.36  deputy may charge a fee not to exceed $4.50 for this service.  
 18.1   This fee is in addition to any other fees associated with a 
 18.2   motor vehicle application.  For motor vehicles subject to the 
 18.3   provisions of section 325E.15, the transferor shall also, in the 
 18.4   space provided therefor on the certificate, state the true 
 18.5   cumulative mileage registered on the odometer or that the actual 
 18.6   mileage is unknown if the odometer reading is known by the 
 18.7   transferor to be different from the true mileage.  The 
 18.8   transferor shall cause the certificate and assignment to be 
 18.9   delivered to the transferee immediately. 
 18.10     Sec. 24.  Minnesota Statutes 2002, section 168A.11, 
 18.11  subdivision 1, is amended to read: 
 18.12     Subdivision 1.  [APPLICATION REQUIREMENTS UPON SUBSEQUENT 
 18.13  TRANSFER.] (a) If A dealer who buys a vehicle and holds it for 
 18.14  resale and procures the certificate of title from the owner, and 
 18.15  complies with subdivision 2 hereof, the dealer need not apply 
 18.16  for a certificate of title, but.  Upon transferring the vehicle 
 18.17  to another person, other than by the creation of a security 
 18.18  interest, the dealer shall promptly execute the assignment and 
 18.19  warranty of title by a dealer, showing the names and addresses 
 18.20  of the transferee and of any secured party holding a security 
 18.21  interest created or reserved at the time of the resale, and the 
 18.22  date of the security agreement in the spaces provided therefor 
 18.23  on the certificate of title or secure reassignment.  
 18.24     (b) With respect to motor vehicles subject to the 
 18.25  provisions of section 325E.15, the dealer shall also, in the 
 18.26  space provided therefor on the certificate of title or secure 
 18.27  reassignment, state the true cumulative mileage registered on 
 18.28  the odometer or that the exact mileage is unknown if the 
 18.29  odometer reading is known by the transferor to be different from 
 18.30  the true mileage.  
 18.31     (c) The transferee shall complete the application for title 
 18.32  section on the certificate of title or.  A separate title 
 18.33  application form prescribed by the department must only be used 
 18.34  if the vehicle does not have a Minnesota certificate of title.  
 18.35  The dealer shall mail or deliver the certificate to the 
 18.36  registrar or deputy registrar with the transferee's application 
 19.1   for a new certificate and appropriate taxes and fees, within ten 
 19.2   business days. 
 19.3      (d) With respect to vehicles sold to buyers who will remove 
 19.4   the vehicle from this state, the dealer shall remove any license 
 19.5   plates from the vehicle, issue a 31-day temporary permit 
 19.6   pursuant to section 168.091, and notify the registrar within 48 
 19.7   hours of the sale that the vehicle has been removed from this 
 19.8   state.  The notification must be made in an electronic format 
 19.9   prescribed by the registrar.  The dealer may contract with a 
 19.10  deputy registrar for the notification of sale to an out-of-state 
 19.11  buyer.  The deputy registrar may charge a fee not to exceed $7 
 19.12  per transaction to provide this service. 
 19.13     Sec. 25.  Minnesota Statutes 2002, section 168A.11, 
 19.14  subdivision 2, is amended to read: 
 19.15     Subd. 2.  [PURCHASE RECEIPT NOTIFICATION ON VEHICLE HELD 
 19.16  FOR RESALE.] A dealer, on buying a vehicle for which the seller 
 19.17  does not present a certificate of title, shall at the time of 
 19.18  taking delivery of the vehicle execute a purchase receipt for 
 19.19  the vehicle in a format designated by the department, and 
 19.20  deliver a copy to the seller.  In a format and at a time 
 19.21  prescribed by the registrar, the dealer shall notify the 
 19.22  registrar that the vehicle is being held for resale by the 
 19.23  dealer.  Within 48 hours of acquiring a vehicle titled and 
 19.24  registered in Minnesota, a dealer shall notify the registrar 
 19.25  that the dealership is holding the vehicle for resale.  The 
 19.26  notification must be made electronically as prescribed by the 
 19.27  registrar.  The dealer may contract this service to a deputy 
 19.28  registrar and the registrar may charge a fee not to exceed $7 
 19.29  per transaction to provide this service. 
 19.30     Sec. 26.  Minnesota Statutes 2002, section 168A.20, is 
 19.31  amended by adding a subdivision to read: 
 19.32     Subd. 5.  [SATISFACTION OF LIEN SEVEN YEARS OLD FOR CERTAIN 
 19.33  VEHICLES; RELEASE.] A security interest perfected under this 
 19.34  chapter expires seven years from the perfection date for (1) a 
 19.35  passenger automobile, as defined in section 168.011, subdivision 
 19.36  7, (2) a motorcycle, as defined in section 168.011, subdivision 
 20.1   26, or (3) a trailer registered at less than 10,000 pounds gross 
 20.2   vehicle weight, as defined in section 168.011, subdivision 13.  
 20.3   A lien holder may notify the department in writing or in a 
 20.4   format approved by the registrar during the sixth year of the 
 20.5   lien, no later than 90 days in advance of the seven-year 
 20.6   anniversary, if the lien will not be satisfied during this 
 20.7   period and the lien must be extended up to seven additional 
 20.8   years as requested by the lien holder. 
 20.9      Sec. 27.  Minnesota Statutes 2002, section 168D.08, is 
 20.10  amended to read: 
 20.11     168D.08 [MOTOR CARRIER FUEL TAX RETURNS.] 
 20.12     On or before the last day of April, July, October, and 
 20.13  January, every motor carrier subject to the fuel tax shall, on 
 20.14  or before the last day of April, July, October, and January, 
 20.15  file with the commissioner, in the format and manner prescribed, 
 20.16  tax returns of operations during an electronic version of its 
 20.17  tax return and full payment of taxes as defined by chapter 325L 
 20.18  (Uniform Electronic Transactions Act).  The tax return must 
 20.19  cover the previous three months of operations. 
 20.20     [EFFECTIVE DATE.] This section is effective July 1, 2005. 
 20.21     Sec. 28.  Minnesota Statutes 2002, section 169.345, 
 20.22  subdivision 2, is amended to read: 
 20.23     Subd. 2.  [DEFINITIONS.] For the purpose of this section,: 
 20.24     (a) "Long-term certificate" means a certificate issued for 
 20.25  a period greater than 12 months but not greater than 71 months. 
 20.26     (b) "Organization certificate" means a certificate issued 
 20.27  to an organization for a period of three years. 
 20.28     (c) "Permanent certificate" means a certificate issued for 
 20.29  a period of six years. 
 20.30     (d) "Permit" refers to a permit that is issued for a period 
 20.31  of 30 days, in lieu of the certificate referred to in 
 20.32  subdivision 3, while the application is being processed.  
 20.33     (e) "Physically disabled person" means a person who: 
 20.34     (1) because of disability cannot walk without significant 
 20.35  risk of falling; 
 20.36     (2) because of disability cannot walk 200 feet without 
 21.1   stopping to rest; 
 21.2      (3) because of disability cannot walk without the aid of 
 21.3   another person, a walker, a cane, crutches, braces, a prosthetic 
 21.4   device, or a wheelchair; 
 21.5      (4) is restricted by a respiratory disease to such an 
 21.6   extent that the person's forced (respiratory) expiratory volume 
 21.7   for one second, when measured by spirometry, is less than one 
 21.8   liter; 
 21.9      (5) has an arterial oxygen tension (PAO2) of less than 60 
 21.10  mm/Hg on room air at rest; 
 21.11     (6) uses portable oxygen; 
 21.12     (7) has a cardiac condition to the extent that the person's 
 21.13  functional limitations are classified in severity as class III 
 21.14  or class IV according to standards set by the American Heart 
 21.15  Association; 
 21.16     (8) has lost an arm or a leg and does not have or cannot 
 21.17  use an artificial limb; or 
 21.18     (9) has a disability that would be aggravated by walking 
 21.19  200 feet under normal environmental conditions to an extent that 
 21.20  would be life threatening.  
 21.21     (f) "Short-term certificate" means a certificate issued for 
 21.22  a period greater than six months but not greater than 12 months. 
 21.23     (g) "Temporary certificate" means a certificate issued for 
 21.24  a period not greater than six months. 
 21.25     Sec. 29.  Minnesota Statutes 2002, section 169.345, 
 21.26  subdivision 3, is amended to read: 
 21.27     Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The Division of 
 21.28  Driver and Vehicle Services in the Department commissioner of 
 21.29  public safety or an authorized agent shall issue (1) 
 21.30  immediately, a temporary permit valid for 30 days, if the person 
 21.31  is eligible for the certificate issued under this paragraph, and 
 21.32  (2) a special identifying certificate for a motor vehicle when a 
 21.33  physically disabled applicant submits proof of physical 
 21.34  disability under subdivision 2a.  The commissioner shall design 
 21.35  separate certificates for persons with permanent and temporary 
 21.36  disabilities that can be readily distinguished from each other 
 22.1   from outside a vehicle at a distance of 25 feet.  The 
 22.2   certificate is valid for six years, if the disability is 
 22.3   specified in the physician's or chiropractor's statement as 
 22.4   permanent, and is valid for a period not to exceed six months, 
 22.5   if the disability is specified as temporary. An applicant may 
 22.6   have up to two certificates if the applicant has not been issued 
 22.7   disability license plates. 
 22.8      (b) An organization providing transportation to one or more 
 22.9   physically disabled persons may apply to the commissioner for 
 22.10  one or more organization certificates for use in vehicles owned 
 22.11  or operated on behalf of the organization.  An organization 
 22.12  shall submit a written statement to the commissioner on the 
 22.13  organization's letterhead stationery.  The organization shall 
 22.14  specify the organization's internal controls to manage the 
 22.15  proper use of and to account for all issued certificates.  The 
 22.16  organization shall maintain a list of the make, model, and 
 22.17  license number of each motor vehicle in which a certificate 
 22.18  issued to the organization will be used and a list of each 
 22.19  individual operating a motor vehicle in which a certificate 
 22.20  issued to the organization will be used.  The organization shall 
 22.21  attest that all issued certificates will be used exclusively 
 22.22  while transporting physically disabled persons.  When the 
 22.23  commissioner is satisfied that a motor vehicle is used primarily 
 22.24  an organization will use the certificate for the purpose of 
 22.25  transporting physically disabled persons, the division may 
 22.26  commissioner shall issue without charge (1) immediately, a 
 22.27  temporary permit valid for 30 days, if the operator is eligible 
 22.28  for the an organization certificate issued under this paragraph, 
 22.29  and (2) a special identifying certificate for the vehicle.  The 
 22.30  operator of a vehicle displaying the certificate or temporary 
 22.31  permit has the parking privileges provided in subdivision 1 only 
 22.32  while the vehicle is actually in use for transporting physically 
 22.33  disabled persons.  The certificate issued to a person an 
 22.34  organization transporting physically disabled persons must be 
 22.35  renewed every third year.  On original application and renewal, 
 22.36  the person must organization shall present evidence that the 
 23.1   vehicle continues to certificate will be used for exclusively 
 23.2   while transporting physically disabled persons.  When Before the 
 23.3   commissioner of public safety issues commercial certificates to 
 23.4   an organization, the commissioner shall require documentation 
 23.5   satisfactory to the commissioner from each organization that 
 23.6   procedures and controls have been implemented to ensure that the 
 23.7   parking privileges available under this section will not be 
 23.8   abused.  An organization shall report lost or stolen 
 23.9   certificates to the commissioner within 24 hours of first 
 23.10  discovery.  The commissioner shall cancel all certificates 
 23.11  issued to an applicant who fails to comply with the requirements 
 23.12  of this section. 
 23.13     (c) A certificate must be made of plastic or similar 
 23.14  durable material and must bear its expiration date prominently 
 23.15  on both sides.  A certificate issued prior to January 1, 1994, 
 23.16  must bear its expiration date prominently on its face and will 
 23.17  remain valid until that date or December 31, 2000, whichever 
 23.18  shall come first.  A certificate issued to a temporarily 
 23.19  disabled person must display the date of expiration of the 
 23.20  duration of the disability, as determined under paragraph (a).  
 23.21  Each applicant must be provided a summary of the parking 
 23.22  privileges and restrictions that apply to each vehicle for which 
 23.23  the certificate is used.  The commissioner may charge a fee of 
 23.24  $5 for issuance or renewal of a commercial, temporary, or 
 23.25  short-term certificate or temporary permit, and a fee of $5 for 
 23.26  a duplicate to replace a lost, stolen, or damaged commercial, 
 23.27  temporary, or short-term certificate or temporary permit.  The 
 23.28  commissioner shall not charge a fee for issuing a certificate to 
 23.29  a person who has paid a fee for issuance of a temporary permit.  
 23.30  The commissioner shall not issue more than three 
 23.31  replacement replacements for lost, stolen, or canceled 
 23.32  certificates within any six-year period without the approval of 
 23.33  the Council on Disability.  
 23.34     Sec. 30.  Minnesota Statutes 2002, section 169.345, 
 23.35  subdivision 4, is amended to read: 
 23.36     Subd. 4.  [UNAUTHORIZED USE; REVOCATION CANCELLATION; 
 24.1   MISDEMEANOR.] (a) If a peace officer, authorized parking 
 24.2   enforcement employee or agent of a statutory or home rule 
 24.3   charter city or town, representative of the Minnesota State 
 24.4   Council on Disability, or authorized agent of the citizen 
 24.5   enforcement program finds that the certificate or temporary 
 24.6   permit is being improperly used or the applicant is no longer 
 24.7   eligible, the officer, municipal employee, representative, or 
 24.8   agent shall make a report of the situation or violation to the 
 24.9   Division of Driver and Vehicle Services in the Department of 
 24.10  Public Safety and. 
 24.11     (b) The commissioner of public safety may revoke the shall 
 24.12  immediately cancel a certificate or temporary, permit, or 
 24.13  license plates on determining that: 
 24.14     (1) the certificate, permit, or license plates were used 
 24.15  improperly; 
 24.16     (2) the certificate, permit, or license plates were 
 24.17  fraudulently obtained; 
 24.18     (3) the certificate, permit, or license plates were issued 
 24.19  in error; 
 24.20     (4) the person who was issued the certificate, permit, or 
 24.21  license plates is deceased; or 
 24.22     (5) the person who was issued the certificate, permit, or 
 24.23  license plates no longer maintains a Minnesota address.  
 24.24     (c) A person who uses the certificate or temporary permit 
 24.25  in violation of this section is guilty of a misdemeanor and is 
 24.26  subject to a fine of $500. 
 24.27     (d) To replace a disability-parking certificate or license 
 24.28  plates after cancellation, the physically disabled person or the 
 24.29  person's legal guardian must submit a new application to the 
 24.30  commissioner with the medical statement completed to recertify 
 24.31  the qualifying disability. 
 24.32     Sec. 31.  Minnesota Statutes 2002, section 169.346, is 
 24.33  amended to read: 
 24.34     169.346 [DISABILITY PARKING; REQUIREMENTS, PROHIBITIONS, 
 24.35  ENFORCEMENT.] 
 24.36     Subdivision 1.  [DISABILITY PARKING SPACE PROHIBITIONS.] A 
 25.1   person shall not: 
 25.2      (1) park a motor vehicle in or obstruct access to a parking 
 25.3   space or associated access aisle designated and reserved for the 
 25.4   physically disabled, on either private or public property; 
 25.5      (2) park a motor vehicle in or obstruct access to an area 
 25.6   designated by a local governmental unit as a transfer zone for 
 25.7   disabled persons; 
 25.8      (3) exercise the parking privilege provided in section 
 25.9   169.345, unless:  
 25.10     (i) that person is a physically disabled person as defined 
 25.11  in section 169.345, subdivision 2, or the person is transporting 
 25.12  or parking a vehicle for a physically disabled person; and 
 25.13     (ii) the vehicle visibly displays one of the following:  a 
 25.14  license plate issued under section 168.021, a certificate issued 
 25.15  under section 169.345, a temporary permit valid for 30 days 
 25.16  issued under section 168.021 or 169.345, or an equivalent 
 25.17  certificate, insignia, or license plate issued by another state, 
 25.18  a foreign country, or one of its political subdivisions; or 
 25.19     (4) park a motor vehicle in an area used as a regular route 
 25.20  transit stopping point where a transit vehicle that is 
 25.21  accessible to the physically disabled regularly stops and a sign 
 25.22  that bears the international symbol of access in white on blue 
 25.23  is posted.  A sign posted under this clause may display other 
 25.24  information relating to the regular route transit service.  For 
 25.25  purposes of this clause, an area used as a regular route transit 
 25.26  stopping point consists of the 80 feet immediately preceding the 
 25.27  sign described in this clause. 
 25.28     Subd. 2.  [DISABILITY PARKING SPACE SIGNS.] (a) Parking 
 25.29  spaces reserved for physically disabled persons must be 
 25.30  designated and identified by the posting of signs incorporating 
 25.31  the international symbol of access in white on blue and 
 25.32  indicating that violators are subject to a fine of up to $200.  
 25.33  These parking spaces are reserved for disabled persons with 
 25.34  vehicles displaying the required certificate, license plates, 
 25.35  temporary permit valid for 30 days, or insignia.  Signs sold 
 25.36  after August 1, 1991, must conform to the design requirements in 
 26.1   this paragraph.  
 26.2      (b) For purposes of this subdivision, a parking space that 
 26.3   is clearly identified as reserved for physically disabled 
 26.4   persons by a permanently posted sign that does not meet all 
 26.5   design standards, is considered designated and reserved for 
 26.6   physically disabled persons.  A sign posted for the purpose of 
 26.7   this section must be visible from inside a vehicle parked in the 
 26.8   space, be kept clear of snow or other obstructions which block 
 26.9   its visibility, and be nonmovable or only movable by authorized 
 26.10  persons. 
 26.11     Subd. 2a. [PARKING SPACE FREE OF OBSTRUCTION; PENALTY.] The 
 26.12  owner or manager of the property on which the designated parking 
 26.13  space is located shall ensure that the parking space is and 
 26.14  associated access aisle are kept free of obstruction.  If the 
 26.15  owner or manager does not have the parking space properly posted 
 26.16  or allows the parking space or access aisle to be blocked by 
 26.17  snow, merchandise, or similar obstructions for 24 hours after 
 26.18  receiving a warning from a peace officer, the owner or manager 
 26.19  is guilty of a misdemeanor and subject to a fine of up to $500. 
 26.20     Subd. 3.  [MISDEMEANOR; ENFORCEMENT.] A person who violates 
 26.21  subdivision 1 is guilty of a misdemeanor and shall must be fined 
 26.22  not less than $100 or more than $200.  This subdivision shall 
 26.23  must be enforced in the same manner as parking ordinances or 
 26.24  regulations in the governmental subdivision in which the 
 26.25  violation occurs.  Law enforcement officers have the authority 
 26.26  to tag vehicles parked on either private or public property in 
 26.27  violation of subdivision 1.  Parking enforcement employees or 
 26.28  agents of statutory or home rule charter cities or towns have 
 26.29  the authority to tag or otherwise issue citations for vehicles 
 26.30  parked on public property in violation of subdivision 1.  If a 
 26.31  holder of a disability certificate or disability plates allows a 
 26.32  person who is not otherwise eligible to use the certificate or 
 26.33  plates, then the holder shall is not be eligible to be issued or 
 26.34  to use a disability certificate or plates for 12 months after 
 26.35  the date of violation.  A physically disabled person, or a 
 26.36  person parking a vehicle for a disabled person, who is charged 
 27.1   with violating subdivision 1 because the person parked in a 
 27.2   parking space for physically disabled persons without the 
 27.3   required certificate, license plates, or temporary permit shall 
 27.4   must not be convicted if the person produces in court or before 
 27.5   the court appearance the required certificate, temporary permit, 
 27.6   or evidence that the person has been issued license plates under 
 27.7   section 168.021, and demonstrates entitlement to the 
 27.8   certificate, plates, or temporary permit at the time of arrest 
 27.9   or tagging. 
 27.10     Subd. 4.  [LOCAL ORDINANCE; CITIZEN ENFORCEMENT PROGRAM.] A 
 27.11  statutory or home rule charter city may, by ordinance, establish 
 27.12  a program to enforce the parking restrictions of this section or 
 27.13  any similar local ordinance, relating to parking spaces for the 
 27.14  physically disabled, by using citizen volunteers to issue 
 27.15  citations to violators.  The ordinance shall must contain a 
 27.16  process for training program participants in the requirements of 
 27.17  the law, the method of issuing citations, and other related 
 27.18  matters.  Program participants who satisfy the training 
 27.19  requirements of the ordinance are authorized to issue citations 
 27.20  for violations of this section and are exempt from any other 
 27.21  training or licensure requirements imposed on law enforcement 
 27.22  officers by chapter 626. 
 27.23     Subd. 5.  [LOCAL ORDINANCE; LONG-TERM PARKING.] A statutory 
 27.24  or home rule charter city may enact an ordinance establishing a 
 27.25  permit program for long-term parking. 
 27.26     Sec. 32.  Minnesota Statutes 2002, section 171.05, 
 27.27  subdivision 1, is amended to read: 
 27.28     Subdivision 1.  [PERSON 18 OR MORE YEARS OF AGE.] Any 
 27.29  person who is 18 or more years of age and who, except for a lack 
 27.30  of instruction in operating a motor vehicle, would otherwise be 
 27.31  qualified to obtain a class D driver's license under this 
 27.32  chapter, may apply for an instruction permit and the department 
 27.33  shall issue such permit entitling the applicant, while having 
 27.34  such permit in immediate possession, to drive a motor vehicle 
 27.35  for which a class D license is valid upon the highways for a 
 27.36  period of one year two years, but such person must be 
 28.1   accompanied by an adult licensed driver who is actually 
 28.2   occupying a seat beside the driver.  Any license of a lower 
 28.3   class may be used as an instruction permit for a higher class 
 28.4   for a period of six months after passage of the written test or 
 28.5   tests required for the higher class and when the licensee is 
 28.6   accompanied by and receiving instruction from a holder of the 
 28.7   appropriate higher class license.  A copy of the record of 
 28.8   examination taken for the higher class license must be carried 
 28.9   by the driver while using such lower class license as an 
 28.10  instruction permit.  
 28.11     Sec. 33.  Minnesota Statutes 2002, section 171.05, 
 28.12  subdivision 2, is amended to read: 
 28.13     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 28.14  Notwithstanding any provision in subdivision 1 to the contrary, 
 28.15  the department may issue an instruction permit to an applicant 
 28.16  who is 15, 16, or 17 years of age and who: 
 28.17     (1) has completed a course of driver education in another 
 28.18  state, has a previously issued valid license from another state, 
 28.19  or is enrolled in either: 
 28.20     (i) a public, private, or commercial driver education 
 28.21  program that is approved by the commissioner of public safety 
 28.22  and that includes classroom and behind-the-wheel training; or 
 28.23     (ii) an approved behind-the-wheel driver education program 
 28.24  when the student is receiving full-time instruction in a home 
 28.25  school within the meaning of sections 120A.22 and 120A.24, the 
 28.26  student is working toward a home-school diploma, the student's 
 28.27  status as a home-school student has been certified by the 
 28.28  superintendent of the school district in which the student 
 28.29  resides, and the student is taking home-classroom driver 
 28.30  training with classroom materials approved by the commissioner 
 28.31  of public safety; 
 28.32     (2) has completed the classroom phase of instruction in the 
 28.33  driver education program; 
 28.34     (3) has passed a test of the applicant's eyesight; 
 28.35     (4) has passed a department-administered test of the 
 28.36  applicant's knowledge of traffic laws; 
 29.1      (5) has completed the required application, which must be 
 29.2   approved by (i) either parent when both reside in the same 
 29.3   household as the minor applicant or, if otherwise, then (ii) the 
 29.4   parent or spouse of the parent having custody or, in the event 
 29.5   there is no court order for custody, then (iii) the parent or 
 29.6   spouse of the parent with whom the minor is living or, if items 
 29.7   (i) to (iii) do not apply, then (iv) the guardian having custody 
 29.8   of the minor or, in the event a person under the age of 18 has 
 29.9   no living father, mother, or guardian, or is married or 
 29.10  otherwise legally emancipated, then (v) the applicant's adult 
 29.11  spouse, adult close family member, or adult employer; provided, 
 29.12  that the approval required by this clause contains a 
 29.13  verification of the age of the applicant and the identity of the 
 29.14  parent, guardian, adult spouse, adult close family member, or 
 29.15  adult employer; and 
 29.16     (6) has paid the fee required in section 171.06, 
 29.17  subdivision 2. 
 29.18     (b) The instruction permit is valid for one year two years 
 29.19  from the date of application and may be renewed upon payment of 
 29.20  a fee equal to the fee for issuance of an instruction permit 
 29.21  under section 171.06, subdivision 2. 
 29.22     Sec. 34.  Minnesota Statutes 2002, section 171.12, 
 29.23  subdivision 7, is amended to read: 
 29.24     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
 29.25  for Data on individuals provided to obtain a driver's license or 
 29.26  a Minnesota identification card may request that the applicant's 
 29.27  residence address be classified as private is public data on 
 29.28  individuals, as defined in section 13.02, subdivision 12.  The 
 29.29  commissioner shall grant the classification upon receipt of a 
 29.30  signed statement by the individual that the classification is 
 29.31  required for the safety of the applicant or the applicant's 
 29.32  family, if the statement also provides a valid, existing address 
 29.33  where the applicant consents to receive service of process.  The 
 29.34  commissioner shall use the mailing address in place of the 
 29.35  residence address in all documents and notices pertaining to the 
 29.36  driver's license or identification card.  The residence address 
 30.1   and any information provided in the classification request, 
 30.2   other than the mailing address, are private data on individuals 
 30.3   and may be provided to requesting law enforcement agencies, 
 30.4   probation and parole agencies, and public authorities, as 
 30.5   defined in section 518.54, subdivision 9 and must be disclosed 
 30.6   to the extent permitted by United States Code, title 18, section 
 30.7   2721, subsection (b). 
 30.8      (b) An applicant for a driver's license or a Minnesota 
 30.9   identification card must be informed in a clear and conspicuous 
 30.10  manner on the forms for the issuance or renewal that may consent 
 30.11  in writing to the department to disclose the applicant's 
 30.12  personal information may be disclosed exempted by United States 
 30.13  Code, title 18, section 2721, subsection (b), to any person who 
 30.14  makes a request for the personal information, and that except 
 30.15  for uses permitted by United States Code, title 18, section 
 30.16  2721, subsection (b), the applicant may prohibit disclosure of 
 30.17  the personal information by so indicating on the form.  If the 
 30.18  applicant so authorizes, the commissioner shall implement the 
 30.19  request in a timely manner and the personal information may be 
 30.20  so used. 
 30.21     (c) If authorized by an applicant for a driver's license or 
 30.22  a Minnesota identification card must be also informed in a clear 
 30.23  and conspicuous manner on forms that, as indicated in paragraph 
 30.24  (b), the applicant's personal information may be used, rented, 
 30.25  or sold solely for bulk distribution by organizations for 
 30.26  business purposes, including surveys, marketing, or 
 30.27  solicitation.  The commissioner shall implement methods and 
 30.28  procedures that enable the applicant to request that bulk 
 30.29  surveys, marketing, or solicitation not be directed to the 
 30.30  applicant.  If the applicant so requests, the commissioner shall 
 30.31  implement the request in a timely manner and the personal 
 30.32  information may not be so used. 
 30.33     (d) To the extent permitted by United States Code, title 
 30.34  18, section 2721, data on individuals provided to obtain a 
 30.35  Minnesota identification card or a driver's license is public 
 30.36  data on individuals and shall be disclosed as permitted by 
 31.1   United States Code, title 18, section 2721, subsection (b).  An 
 31.2   applicant for a driver's license or a Minnesota identification 
 31.3   card may request that the applicant's residence address be 
 31.4   classified as private data on individuals, as defined in section 
 31.5   13.02, subdivision 12.  The commissioner shall grant the 
 31.6   classification upon receipt of a signed statement by the 
 31.7   individual that the classification is required for the safety of 
 31.8   the applicant or the applicant's family, if the statement also 
 31.9   provides a valid, existing address where the applicant consents 
 31.10  to receive service of process.  The commissioner shall use the 
 31.11  mailing address in place of the residence address in all 
 31.12  documents and notices pertaining to the driver's license or 
 31.13  identification card.  The residence address and any information 
 31.14  provided in the classification request, other than the mailing 
 31.15  address, are private data on individuals and may be provided to 
 31.16  requesting law enforcement agencies, probation and parole 
 31.17  agencies, and public authorities, as defined in section 518.54, 
 31.18  subdivision 9. 
 31.19     Sec. 35.  Minnesota Statutes 2002, section 171.165, 
 31.20  subdivision 1, is amended to read: 
 31.21     Subdivision 1.  [FIRST VIOLATION.] Subject to section 
 31.22  171.166, the commissioner shall disqualify a person from 
 31.23  operating commercial motor vehicles for one year upon receiving 
 31.24  a record of the first conviction of the person for committing a 
 31.25  violation of any of the following offenses while operating a 
 31.26  commercial motor vehicle: 
 31.27     (1) section 169A.20 or 169A.31; 
 31.28     (2) section 169.09, subdivision 1 or 2; 
 31.29     (3) a felony, other than a felony described in subdivision 
 31.30  3, paragraph (a), clause (2), item (ii); 
 31.31     (4) driving with a revoked, suspended, canceled, denied, or 
 31.32  disqualified commercial driver's license; 
 31.33     (5) causing a fatality through the negligent or criminal 
 31.34  operation of a commercial motor vehicle; or 
 31.35     (6) an offense committed in another state that would be 
 31.36  grounds for disqualification under this subdivision or 
 32.1   subdivision 2 if committed in Minnesota. 
 32.2      Sec. 36.  Minnesota Statutes 2002, section 171.165, 
 32.3   subdivision 4, is amended to read: 
 32.4      Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
 32.5   record of conviction and subject to section 171.166, the 
 32.6   commissioner shall disqualify a person from operating commercial 
 32.7   motor vehicles for 60 days if the person is convicted of two 
 32.8   serious traffic violations, or 120 days if convicted of three 
 32.9   serious traffic violations.  The violations must involve 
 32.10  separate incidents and must have been committed in a commercial 
 32.11  motor vehicle within a three-year period.  For purposes of this 
 32.12  subdivision, a serious traffic violation includes the following: 
 32.13     (1) following too closely under section 169.18, subdivision 
 32.14  8; 
 32.15     (2) erratic lane change under sections 169.18, subdivisions 
 32.16  3 and 7; and 169.19, subdivision 4; 
 32.17     (3) operating the commercial vehicle at a speed 15 miles 
 32.18  per hour or more above the posted speed limit; 
 32.19     (4) reckless or careless driving under section 169.13; 
 32.20     (5) fleeing a peace officer under section 609.487; 
 32.21     (6) a violation of a moving traffic statute of Minnesota or 
 32.22  any state, or an ordinance in conformity with a Minnesota 
 32.23  statute, that arose in connection with a fatal accident; 
 32.24     (7) operating a commercial motor vehicle without the proper 
 32.25  class of commercial driver's license or endorsements for the 
 32.26  type of vehicle being operated; and 
 32.27     (8) operating a commercial motor vehicle without a 
 32.28  commercial driver's license in immediate possession, unless the 
 32.29  person provides proof to the court that, on the date of the 
 32.30  citation, the person held a valid commercial driver's license of 
 32.31  the proper class and with the proper endorsements. 
 32.32     Sec. 37.  Minnesota Statutes 2002, section 171.165, is 
 32.33  amended by adding a subdivision to read: 
 32.34     Subd. 8.  [ADOPTION OF FEDERAL REGULATIONS.] Code of 
 32.35  Federal Regulations, title 49, section 383.51, is incorporated 
 32.36  by reference. 
 33.1      Sec. 38.  Minnesota Statutes 2002, section 171.26, is 
 33.2   amended to read: 
 33.3      171.26 [MONEY CREDITED TO FUNDS.] 
 33.4      All money received under this chapter must be paid into the 
 33.5   state treasury and credited to the trunk highway fund, except as 
 33.6   provided in sections 171.06, subdivision 2a; 171.07, subdivision 
 33.7   11, paragraph (g); 171.12, subdivision 8; and 171.29, 
 33.8   subdivision 2, paragraph (b). 
 33.9      Sec. 39.  Minnesota Statutes 2002, section 171.30, 
 33.10  subdivision 1, is amended to read: 
 33.11     Subdivision 1.  [CONDITIONS OF ISSUANCE.] (a) In any case 
 33.12  where a person's license has been suspended under section 
 33.13  171.18, 171.173, or 171.186, or revoked under section 169.792, 
 33.14  169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner 
 33.15  may issue a limited license to the driver including under the 
 33.16  following conditions:  
 33.17     (1) if the driver's livelihood or attendance at a chemical 
 33.18  dependency treatment or counseling program depends upon the use 
 33.19  of the driver's license; 
 33.20     (2) if the use of a driver's license by a homemaker is 
 33.21  necessary to prevent the substantial disruption of the 
 33.22  education, medical, or nutritional needs of the family of the 
 33.23  homemaker; or 
 33.24     (3) if attendance at a postsecondary institution of 
 33.25  education by an enrolled student of that institution depends 
 33.26  upon the use of the driver's license.  
 33.27     (b) The commissioner in issuing a limited license may 
 33.28  impose such conditions and limitations as in the commissioner's 
 33.29  judgment are necessary to the interests of the public safety and 
 33.30  welfare including reexamination as to the driver's 
 33.31  qualifications.  The license may be limited to the operation of 
 33.32  particular vehicles, to particular classes and times of 
 33.33  operation, and to particular conditions of traffic.  The 
 33.34  commissioner may require that an applicant for a limited license 
 33.35  affirmatively demonstrate that use of public transportation or 
 33.36  carpooling as an alternative to a limited license would be a 
 34.1   significant hardship.  
 34.2      (c) For purposes of this subdivision, "homemaker" refers to 
 34.3   the person primarily performing the domestic tasks in a 
 34.4   household of residents consisting of at least the person and the 
 34.5   person's dependent child or other dependents. 
 34.6      (d) The limited license issued by the commissioner shall 
 34.7   must clearly indicate the limitations imposed and the driver 
 34.8   operating under the limited license shall must have the license 
 34.9   in possession at all times when operating as a driver. 
 34.10     (e) In determining whether to issue a limited license, the 
 34.11  commissioner shall consider the number and the seriousness of 
 34.12  prior convictions and the entire driving record of the driver 
 34.13  and shall consider the number of miles driven by the driver 
 34.14  annually. 
 34.15     (f) If the person's driver's license or permit to drive has 
 34.16  been revoked under section 169.792 or 169.797, the commissioner 
 34.17  may only issue a limited license to the person after the person 
 34.18  has presented an insurance identification card, policy, or 
 34.19  written statement indicating that the driver or owner has 
 34.20  insurance coverage satisfactory to the commissioner of public 
 34.21  safety.  The commissioner of public safety may require the 
 34.22  insurance identification card provided to satisfy this 
 34.23  subdivision be certified by the insurance company to be 
 34.24  noncancelable for a period not to exceed 12 months. 
 34.25     (g) The limited license issued by the commissioner to a 
 34.26  person under section 171.186, subdivision 4, must expire 90 days 
 34.27  after the date it is issued.  The commissioner must not issue a 
 34.28  limited license to a person who previously has been issued a 
 34.29  limited license under section 171.186, subdivision 4. 
 34.30     (h) The commissioner shall not issue a limited license to 
 34.31  any person described in section 171.04, subdivision 1, clause 
 34.32  (6), (7), (8), (10), (11), or (14). 
 34.33     (i) The commissioner shall not issue a class A, class B, or 
 34.34  class C limited license. 
 34.35     Sec. 40.  Minnesota Statutes 2002, section 609.531, 
 34.36  subdivision 1, is amended to read: 
 35.1      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 35.2   609.531 to 609.5318, the following terms have the meanings given 
 35.3   them.  
 35.4      (a) "Conveyance device" means a device used for 
 35.5   transportation and includes, but is not limited to, a motor 
 35.6   vehicle, trailer, snowmobile, airplane, and vessel and any 
 35.7   equipment attached to it.  The term "conveyance device" does not 
 35.8   include property which is, in fact, itself stolen or taken in 
 35.9   violation of the law.  
 35.10     (b) "Weapon used" means a dangerous weapon as defined under 
 35.11  section 609.02, subdivision 6, that the actor used or had in 
 35.12  possession in furtherance of a crime.  
 35.13     (c) "Property" means property as defined in section 609.52, 
 35.14  subdivision 1, clause (1).  
 35.15     (d) "Contraband" means property which is illegal to possess 
 35.16  under Minnesota law.  
 35.17     (e) "Appropriate agency" means the Bureau of Criminal 
 35.18  Apprehension, the Minnesota Division of Driver and Vehicle 
 35.19  Services, the Minnesota State Patrol, a county sheriff's 
 35.20  department, the Suburban Hennepin Regional Park District park 
 35.21  rangers, the Department of Natural Resources Division of 
 35.22  Enforcement, the University of Minnesota Police Department, or a 
 35.23  city or airport police department.  
 35.24     (f) "Designated offense" includes:  
 35.25     (1) for weapons used:  any violation of this chapter, 
 35.26  chapter 152, or chapter 624; 
 35.27     (2) for driver's license or identification card 
 35.28  transactions:  any violation of section 171.22; and 
 35.29     (3) for all other purposes:  a felony violation of, or a 
 35.30  felony-level attempt or conspiracy to violate, section 325E.17; 
 35.31  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 35.32  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 35.33  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 35.34  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 35.35  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 35.36  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 36.1   609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 36.2   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 36.3   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 36.4   12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 36.5   609.895; 617.246; or a gross misdemeanor or felony violation of 
 36.6   section 609.891 or 624.7181; or any violation of section 609.324.
 36.7      (g) "Controlled substance" has the meaning given in section 
 36.8   152.01, subdivision 4. 
 36.9      Sec. 41.  [REPEALER.] 
 36.10     Minnesota Statutes 2002, sections 168.345, subdivisions 3 
 36.11  and 4; 170.23; 170.55; and 171.12, subdivision 8, are repealed.