Minnesota Legislature
HF 3141
2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/25/2004 | |
| 1st Engrossment | Posted on 04/02/2004 | |
| 2nd Engrossment | Posted on 04/08/2004 |
Current Version - 2nd Engrossment
1.1 A bill for an act 1.2 relating to transportation; reducing certain 1.3 appropriations to the Department of Transportation, 1.4 Department of Public Safety, and Metropolitan Council; 1.5 limiting certain deposits of revenue from the motor 1.6 vehicle sales tax; temporarily allowing money for 1.7 certain activities to be spent for bus transit; 1.8 authorizing matching grant to Duluth Port Authority; 1.9 requiring commissioner of transportation to evaluate 1.10 principal arterial alignments surrounding the 1.11 metropolitan area as part of evaluation of second 1.12 beltway; requiring evaluation of St. Cloud 1.13 transportation plan; requiring future use of highway 1.14 centerline rumble strips; providing for premium 1.15 paratransit project; regulating toll facilities; 1.16 requiring consideration of presence of bus shoulder 1.17 lanes when implementing sound abatement measures for 1.18 highways; modifying vehicle weight provisions; 1.19 modifying interstate vehicle registration provisions; 1.20 modifying bond requirements for trailer dealers; 1.21 modifying vehicle certificate of title provisions 1.22 pertaining to dealers and authorizing a fee for deputy 1.23 registrars; regulating uses of recreational vehicle 1.24 combinations; regulating speed limits and driver's 1.25 records; providing for duty of care by bus driver; 1.26 regulating operation of articulated buses; regulating 1.27 day activity center buses; extending duration of 1.28 driver instruction permits to two years; modifying 1.29 requirements for commercial vehicle drivers; modifying 1.30 driver's license fee provisions; requiring background 1.31 check for applicant for driver's license with 1.32 hazardous materials endorsement; promoting commuting 1.33 by bicycle; requiring plan for county ten-ton highway 1.34 system; modifying provisions relating to public safety 1.35 radio communications operators; regulating use of 1.36 traffic citations; requiring preparation of 20-year 1.37 state aviation plan; including the Division of Driver 1.38 and Vehicle Services in the definition of appropriate 1.39 agency for purposes of certain property forfeitures; 1.40 authorizing rulemaking; requiring a report; 1.41 appropriating money; amending Minnesota Statutes 2002, 1.42 sections 160.85, subdivisions 1, 3a; 160.86; 160.87, 1.43 by adding a subdivision; 161.125, subdivision 3; 1.44 168.187, by adding a subdivision; 168.27, subdivision 1.45 24; 168A.11, subdivisions 1, 2; 169.01, subdivision 1.46 78; 169.14, by adding a subdivision; 169.448, by 2.1 adding a subdivision; 169.81, subdivision 3c, by 2.2 adding a subdivision; 169.824, subdivision 2; 169.87, 2.3 subdivision 4; 169.99, subdivision 1b; 171.05, 2.4 subdivisions 1, 2; 171.12, subdivision 6; 171.165, 2.5 subdivisions 1, 4, by adding a subdivision; 174.03, by 2.6 adding a subdivision; 179A.03, subdivision 7; 179A.10, 2.7 subdivision 2; 299D.08; 360.015, by adding a 2.8 subdivision; 609.531, subdivision 1; Minnesota 2.9 Statutes 2003 Supplement, sections 168.013, 2.10 subdivision 3; 169.86, subdivision 5; 171.20, 2.11 subdivision 4; 297B.09, subdivision 1; proposing 2.12 coding for new law in Minnesota Statutes, chapters 2.13 160; 169; 171; 174; repealing Minnesota Statutes 2002, 2.14 sections 169.685, subdivision 4. 2.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.16 ARTICLE 1 2.17 TRANSPORTATION FINANCE 2.18 Section 1. [TRANSPORTATION APPROPRIATIONS.] 2.19 The dollar amounts in the columns under "APPROPRIATION 2.20 CHANGES" are subtracted from the appropriations in Laws 2003, 2.21 First Special Session chapter 19, or other law to the specified 2.22 agencies. The appropriation changes are from the general fund 2.23 for fiscal year 2005. 2.24 APPROPRIATION CHANGES 2.25 2005 2.26 Sec. 2. TRANSPORTATION $ (15,000) 2.27 This is a reduction from the 2.28 appropriations in Laws 2003, First 2.29 Special Session chapter 19, article 1, 2.30 section 2. In making this reduction, 2.31 the department shall attempt to do 2.32 everything possible to extend the 2.33 NorthStar commuter coach services for 2.34 another year, including but not limited 2.35 to possible fare increases. 2.36 Sec. 3. METROPOLITAN COUNCIL 2.37 TRANSIT (1,737,000) 2.38 This is a reduction from the 2.39 appropriations in Laws 2003, First 2.40 Special Session chapter 19, article 1, 2.41 section 3. 2.42 Sec. 4. PUBLIC SAFETY (118,000) 2.43 This is a reduction from the 2.44 appropriations in Laws 2003, First 2.45 Special Session chapter 19, article 1, 2.46 section 4. 2.47 Sec. 5. Minnesota Statutes 2003 Supplement, section 2.48 297B.09, subdivision 1, is amended to read: 2.49 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 2.50 and received under this chapter must be deposited as provided in 3.1 this subdivision. 3.2 (b)From July 1, 2002, to June 30, 2003, 32 percent of the3.3money collected and received must be deposited in the highway3.4user tax distribution fund, 20.5 percent must be deposited in3.5the metropolitan area transit fund under section 16A.88, and3.61.25 percent must be deposited in the greater Minnesota transit3.7fund under section 16A.88. The remaining money must be3.8deposited in the general fund.3.9(c)In each fiscal year from July 1, 2003, to June 30, 3.10 2007, 30 percent of the money collected and received must be 3.11 deposited in the highway user tax distribution fund, 21.53.12percent; $130,742,000 must be deposited in the metropolitan area 3.13 transit fund under section 16A.88, 1.43 percent; $8,696,000 must 3.14 be deposited in the greater Minnesota transit fund under section 3.15 16A.88,; 0.65 percent must be deposited in the county state-aid 3.16 highway fund,; and 0.17 percent must be deposited in the 3.17 municipal state-aid street fund. The remaining money must be 3.18 deposited in the general fund. 3.19(d)(c) In each fiscal year on and after July 1, 2007, 32 3.20 percent of the money collected and received must be deposited in 3.21 the highway user tax distribution fund, 20.5 percent; 3.22 $130,742,000 must be deposited in the metropolitan area transit 3.23 fund under section 16A.88, and 1.25 percent; $8,696,000 must be 3.24 deposited in the greater Minnesota transit fund under section 3.25 16A.88. The remaining money must be deposited in the general 3.26 fund. 3.27 Sec. 6. [METROPOLITAN COUNCIL; LIGHT RAIL TRANSIT 3.28 APPROPRIATION MAY BE SPENT FOR BUS TRANSIT.] 3.29 Notwithstanding any other law, the Metropolitan Council may 3.30 spend money appropriated for fiscal year 2004 under Laws 2003, 3.31 First Special Session chapter 19, article 1, section 3, 3.32 paragraph (c), for the purposes of Laws 2003, First Special 3.33 Session chapter 19, article 1, section 3, paragraph (b), in that 3.34 fiscal year. 3.35 [EFFECTIVE DATE.] This section is effective the day 3.36 following final enactment. 4.1 Sec. 7. [METROPOLITAN COUNCIL; LIVABLE COMMUNITIES FUNDS 4.2 MAY BE SPENT FOR BUS TRANSIT.] 4.3 Notwithstanding Minnesota Statutes, sections 473.25 to 4.4 473.255, until June 30, 2007, the Metropolitan Council may spend 4.5 money in any of the accounts established under section 473.251 4.6 for bus transit operated by the council. 4.7 [EFFECTIVE DATE.] This section is effective the day 4.8 following final enactment. 4.9 Sec. 8. [PORT DEVELOPMENT GRANT.] 4.10 Notwithstanding Minnesota Statutes, section 457A.092, the 4.11 commissioner of transportation may grant up to $100,000 of the 4.12 funds available in the port development assistance program to 4.13 the Duluth Port Authority to determine the cause of fresh water 4.14 corrosion of harbor sheet piling, provided state funds are 4.15 matched on a dollar-for-dollar basis by nonstate funds. 4.16 ARTICLE 2 4.17 TRANSPORTATION POLICY 4.18 Section 1. [BELTWAY; PLANNING.] 4.19 Subdivision 1. [INCLUSION IN PLANS.] The commissioner of 4.20 transportation shall evaluate new principal arterial alignments 4.21 surrounding the metropolitan area as part of the metropolitan 4.22 area's transportation system plan, with particular attention to 4.23 evaluating these alignments in the context of planning for a 4.24 second beltway around the metropolitan area. The commissioner 4.25 shall coordinate activities under this subdivision with the 4.26 Metropolitan Council's preparation of its transportation policy 4.27 plan. Each alignment must be considered for its capacity to 4.28 serve urban development and to provide a traffic bypass of the 4.29 metropolitan area. 4.30 Subd. 2. [REPORT.] The commissioner of transportation 4.31 shall report to the legislature by January 15, 2005, on the 4.32 activities of the commissioner and council under subdivision 1. 4.33 The report must include an evaluation of the feasibility and 4.34 desirability of conducting a comprehensive study, including 4.35 timetables, detailed documentation, cost, and right-of-way needs 4.36 of a second beltway. 5.1 Sec. 2. [ST. CLOUD AREA TRANSPORTATION PLANNING DISTRICT 5.2 PLAN.] 5.3 (a) The commissioner of transportation shall evaluate the 5.4 further development of the transportation component of the St. 5.5 Cloud area transportation planning district plan. 5.6 (b) The development of the transportation component shall 5.7 include, among other things: 5.8 (1) a resolution of the conceptual design for the area's 5.9 roadway and transit systems; and 5.10 (2) the feasibility and desirability of developing a 5.11 beltway around the St. Cloud area. 5.12 Sec. 3. [HIGHWAY PROJECTS; USE OF CENTERLINE RUMBLE 5.13 STRIPS.] 5.14 The commissioner of transportation shall: 5.15 (1) in all projects for the construction, reconstruction, 5.16 or resurfacing of two-lane trunk highways outside urban 5.17 districts, as defined in Minnesota Statutes, section 169.01, 5.18 subdivision 59, that have a design speed of 55 miles per hour or 5.19 more, include rumble strips on the centerline of the highway; 5.20 and 5.21 (2) insure that all projects for the construction, 5.22 reconstruction, or resurfacing of two-lane county state-aid 5.23 highways outside urban districts that have a design speed of 55 5.24 miles per hour or more include rumble strips on the centerline 5.25 of the highway. 5.26 [EFFECTIVE DATE.] This section is effective August 1, 2004, 5.27 and applies to highway projects for which contracts are let on 5.28 and after that date. 5.29 Sec. 4. [METRO MOBILITY; PREMIUM PARATRANSIT PILOT 5.30 PROJECT.] 5.31 The Metropolitan Council shall, by October 1, 2004, 5.32 implement a pilot project for subsidizing premium paratransit 5.33 for certified Metro Mobility users. The council shall make 5.34 agreements with taxi providers or other providers of small 5.35 vehicle passenger service under which the council subsidizes 5.36 trips made by certified Metro Mobility users who have been 6.1 denied same-day reservations by Metro Mobility. Under the pilot 6.2 project the user must pay a base fare of $7, the council must 6.3 pay the remainder of the fare up to a maximum subsidy of $13, 6.4 and the user must pay that portion of the fare that exceeds $20. 6.5 The council shall report to the legislative committees having 6.6 jurisdiction over transportation policy and finance by January 6.7 15, 2005, on the council's activities under this section. The 6.8 council may not enter into any provider contracts for Metro 6.9 Mobility that are in effect in fiscal year 2006 or 2007 until 6.10 after the report has been submitted. 6.11 Sec. 5. Minnesota Statutes 2002, section 160.85, 6.12 subdivision 1, is amended to read: 6.13 Subdivision 1. [ROAD AUTHORITY.] A road authority may 6.14 solicit or accept proposals from and enter into development 6.15 agreements with counties or private operators for developing, 6.16 financing, designing, constructing, improving, rehabilitating, 6.17 owning, and operating toll facilities wholly or partly within 6.18 the road authority's jurisdiction. If a road authority solicits 6.19 toll facility proposals, it must publish a notice of 6.20 solicitation in the State Register. 6.21 Sec. 6. Minnesota Statutes 2002, section 160.85, 6.22 subdivision 3a, is amended to read: 6.23 Subd. 3a. [INFORMATION MEETING.] Before approving or 6.24 denying a development agreement, the commissioner shall hold a 6.25 public information meeting in any municipality or county in 6.26 which any portion of the proposed toll facility runs. The 6.27 commissioner shall determine the time and place of the 6.28 information meeting. The commissioner shall make the proposed 6.29 development agreement available for public review at the meeting 6.30 and for a reasonable period of time before the meeting. 6.31 Sec. 7. Minnesota Statutes 2002, section 160.86, is 6.32 amended to read: 6.33 160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 6.34 A development agreement must include the following 6.35 provisions: 6.36 (a) The toll facility must meet the road authority's 7.1 standards of design and construction for roads and bridges of 7.2 the same functional classification. 7.3 (b) The commissioner must review and approve the location 7.4 and design of a bridge over navigable waters as if the bridge 7.5 were constructed by a road authority. This requirement does not 7.6 diminish the private operator's responsibility for bridge safety. 7.7 (c) The private operator shall manage and operate the toll 7.8 facility in cooperation with the road authority and subject to 7.9 the development agreement. 7.10 (d) The toll facility is subject to regular inspections by 7.11 the road authority and the commissioner. 7.12 (e) The agreement must provide the terms and conditions of 7.13 maintenance, snow removal, and police services to the toll 7.14 facility. The road authority must provide the services. The 7.15 services must meet at least the road authority's standards for 7.16 facilities of the same functional classification. 7.17 (f) The agreement must establish a reasonable rate of 7.18 return on investment and capital during the term of the 7.19 agreement. 7.20 (g) A development agreement may not contain a provision 7.21 that (1) prohibits or restricts a road authority from 7.22 constructing, improving, or maintaining any highway within its 7.23 jurisdiction, or (2) prohibits or restricts the development, 7.24 design, construction, or operation of public transit facilities 7.25 or service, including commuter rail lines. 7.26 Sec. 8. [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 7.27 REQUIREMENTS.] 7.28 Subdivision 1. [INCLUSION IN STATEWIDE TRANSPORTATION 7.29 IMPROVEMENT PROGRAM.] The commissioner of transportation may not 7.30 make a development agreement for a toll facility unless the 7.31 facility is included in the commissioner's statewide 7.32 transportation improvement program for the federal fiscal year 7.33 in which construction of the facility would begin. 7.34 Subd. 2. [BUDGET SUBMISSION.] As part of the 7.35 commissioner's biennial budget submission to the legislature, 7.36 the commissioner shall include a status report of all toll 8.1 facilities under active consideration at the time of preparation 8.2 of the budget, including: 8.3 (1) solicitations of interest; 8.4 (2) requests for letters of interest; 8.5 (3) calls for corridor concepts; 8.6 (4) selection of corridors; 8.7 (5) formal requests for proposals, requests for 8.8 qualifications, and requests for public partners; and 8.9 (6) completed development agreements. 8.10 The report must include responses to clauses (1) through (5) to 8.11 the extent that information in such responses may be disclosed 8.12 under section 13.591, subdivision 3. 8.13 Subd. 3. [REPORT TO LEGISLATIVE COMMITTEES.] The 8.14 commissioner shall notify the chairs of the senate and house of 8.15 representatives committees having jurisdiction over 8.16 transportation policy and finance each time the commissioner 8.17 selects a corridor with the intention of soliciting proposals 8.18 for a toll facility in that corridor. The notification must be 8.19 made within ten days of the selection. 8.20 Sec. 9. Minnesota Statutes 2002, section 160.87, is 8.21 amended by adding a subdivision to read: 8.22 Subd. 4. [LIMITATION ON COLLECTION OF TOLLS; USE OF TOLL 8.23 REVENUE.] Notwithstanding subdivisions 1 to 3, a toll facility 8.24 operator or road authority may collect tolls on a toll facility 8.25 only until all costs related to the construction of the 8.26 facility, including right-of-way acquisition and payment of 8.27 principal and interest on any debt incurred therefore, have been 8.28 paid. 8.29 Sec. 10. [160.93] [LIMIT ON DEVELOPMENT AGREEMENTS.] 8.30 The commissioner may not enter into more than two 8.31 development agreements under sections 160.84 to 160.92 before 8.32 July 1, 2006. 8.33 Sec. 11. [160.94] [COMPATIBILITY OF TOLL-COLLECTION 8.34 SYSTEMS.] 8.35 The commissioner shall take all necessary steps to insure 8.36 that (1) all toll facilities use exclusively electronic 9.1 collection methods, and (2) to the maximum feasible degree, all 9.2 toll-collection systems used in Minnesota are compatible with 9.3 each other. 9.4 Sec. 12. Minnesota Statutes 2002, section 161.125, 9.5 subdivision 3, is amended to read: 9.6 Subd. 3. [SOUND ABATEMENT MEASURES.] (a) For the purpose 9.7 of this section, sound abatement measures include but are not 9.8 limited to the following: 9.9 (1) traffic management measures, including reduced speed 9.10 limits or exclusion and rerouting of excessively noisy vehicles; 9.11 (2) design and construction measures, including use of 9.12 sound absorbing road surface materials, landscaping and 9.13 planning, acquisition of buffer zones or noise insulation of 9.14 buildings on abutting property; 9.15 (3) enforcement of the motor vehicle source noise limits of 9.16 the Pollution Control Agency and of the federal Bureau of Motor 9.17 Carrier Safety; and 9.18 (4) other measures designed for the purpose of reducing 9.19 motor vehicle source noise or reducing the effects of that noise. 9.20 (b) The commissioner of public safety shall cooperate with 9.21 the commissioner of transportation in implementing any sound 9.22 abatement measures that include law enforcement activities. 9.23 (c) In addition to all criteria for the installation or 9.24 implementation of sound abatement measures under this section, 9.25 the commissioner shall consider the presence of bus shoulder 9.26 lanes in residential areas. 9.27 Sec. 13. Minnesota Statutes 2003 Supplement, section 9.28 168.013, subdivision 3, is amended to read: 9.29 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 9.30 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 9.31 gross weight shall state the unloaded weight of the motor 9.32 vehicle, trailer, or semitrailer and the maximum load the 9.33 applicant proposes to carry on it, the sum of which constitutes 9.34 the gross weight upon which the license tax must be paid. 9.35 However, the declared gross weight upon which the tax is paid 9.36 must not be less than 1-1/4 times the declared unloaded weight 10.1 of the motor vehicle, trailer, or semitrailer to be registered, 10.2 except recreational vehicles taxed under subdivision 1g, school 10.3 buses taxed under subdivision 18, and tow trucks or towing 10.4 vehicles defined in section 169.01, subdivision 52. The gross 10.5 weight of a tow truck or towing vehicle is the actual weight of 10.6 the tow truck or towing vehicle fully equipped, but does not 10.7 include the weight of a wrecked or disabled vehicle towed or 10.8 drawn by the tow truck or towing vehicle. 10.9 (b) The gross weight of a motor vehicle, trailer, or 10.10 semitrailer must not exceed the gross weight upon which the 10.11 license tax has been paid by more than four percent or 1,000 10.12 pounds, whichever is greater; provided that, a vehicle 10.13 transporting unfinished forest products on a highway, other than 10.14 a highway that is part of the system of interstate and defense 10.15 highways, unless a federal exemption is granted, in accordance 10.16 with paragraph (d)(3): 10.17 (1) shall not exceed its gross vehicle weight upon which 10.18 the license tax has been paid, or gross axle weight on any axle, 10.19 by more than five percent and, notwithstanding other law to the 10.20 contrary, is not subject to any fee, fine, or other assessment 10.21 or penalty for exceeding a gross vehicle or axle weight by up to 10.22 five percent, except during winter weight increase periods; and 10.23 (2) between the dates set by the commissioner in accordance 10.24 with section 169.826, subdivision 1, is not subject to any 10.25 provision of paragraph (d) or chapter 169 limiting the gross 10.26 axle weight of any individual axle unless the entire vehicle 10.27 also exceeds its gross vehicle weight plus its weight allowance 10.28 allowed in clause (1) and plus any weight allowance permitted 10.29 under section 169.826, in which case the vehicle is subject to 10.30 all applicable penalties for excess weight violations. 10.31 (c) The gross weight of the motor vehicle, trailer, or 10.32 semitrailer for which the license tax is paid must be indicated 10.33 by a distinctive character on the license plate or plates except 10.34 as provided in subdivision 12 and the plate or plates must be 10.35 kept clean and clearly visible at all times. 10.36 (d) The owner, driver, or user of a motor vehicle, trailer, 11.1 or semitrailer, upon conviction for transporting a gross weight 11.2 in excess of the gross weight for which it was registered or for 11.3 operating a vehicle with an axle weight exceeding the maximum 11.4 lawful axle load weight, is guilty of a misdemeanor and subject 11.5 to increased registration or reregistration according to the 11.6 following schedule: 11.7 (1) Upon conviction for transporting a gross weight in 11.8 excess of the gross weight for which a motor vehicle, trailer, 11.9 or semitrailer is registered by more than the allowance set 11.10 forth in paragraph (b) but less than 25 percent, or for 11.11 operating or using a motor vehicle, trailer, or semitrailer with 11.12 an axle weight exceeding the maximum lawful axle load as 11.13 provided in sections 169.822 to 169.829 by more than the 11.14 allowance set forth in paragraph (b) but less than 25 percent, 11.15 the owner, driver, or user of the motor vehicle, trailer, or 11.16 semitrailer used to commit the violation, in addition to any 11.17 penalty imposed for the misdemeanor, shall apply to the 11.18 registrar to increase the authorized gross weight to be carried 11.19 on the vehicle to a weight equal to or greater than the gross 11.20 weight the owner, driver, or user was convicted of carrying. 11.21 The increase is computed for the balance of the calendar year on 11.22 the basis of 1/12 of the annual tax for each month remaining in 11.23 the calendar year beginning with the first day of the month in 11.24 which the violation occurred. If the additional registration 11.25 tax computed upon that weight, plus the tax already paid, 11.26 amounts to more than the regular tax for the maximum gross 11.27 weight permitted for the vehicle under sections 169.822 to 11.28 169.829, that additional amount must nevertheless be paid into 11.29 the highway fund, but the additional tax thus paid does not 11.30 authorize or permit any person to operate the vehicle with a 11.31 gross weight in excess of the maximum legal weight as provided 11.32 by sections 169.822 to 169.829. Unless the owner within 30 days 11.33 after a conviction applies to increase the authorized weight and 11.34 pays the additional tax as provided in this section, the 11.35 registrar shall revoke the registration on the vehicle and 11.36 demand the return of the registration card and plates issued on 12.1 that registration. 12.2 (2) Upon conviction of an owner, driver, or user of a motor 12.3 vehicle, trailer, or semitrailer for transporting a gross weight 12.4 in excess of the gross weight for which the motor vehicle, 12.5 trailer, or semitrailer was registered by 25 percent or more or 12.6 for operating or using the vehicle or trailer with an axle 12.7 weight exceeding the maximum lawful axle load as provided in 12.8 sections 169.822 to 169.829 by 25 percent or more, and in 12.9 addition to any penalty imposed for the misdemeanor, the 12.10 registrar shall either (i) cancel the reciprocity privileges on 12.11 the vehicle involved if the vehicle is being operated under 12.12 reciprocity or (ii) if the vehicle is not being operated under 12.13 reciprocity, cancel the certificate of registration on the 12.14 vehicle operated and demand the return of the registration 12.15 certificate and registration plates. The registrar may not 12.16 cancel the registration or reciprocity privileges for any 12.17 vehicle found in violation of seasonal load restrictions imposed 12.18 under section 169.87 unless the axle weight exceeds the 12.19 year-round weight limit for the highway on which the violation 12.20 occurred. The registrar may investigate any allegation of gross 12.21 weight violations and demand that the operator show cause why 12.22 all future operating privileges in the state should not be 12.23 revoked unless the additional tax assessed is paid. 12.24 (3) Clause (1) does not apply to the first haul of 12.25 unprocessed or raw farm products or unfinished forest products, 12.26 when the registered gross weight is not exceeded by more than 12.27 ten percent. For purposes of this clause, "first haul" means 12.28 (i) the first, continuous transportation of unprocessed or raw 12.29 farm products from the place of production or on-farm storage 12.30 site to any other location within 50 miles of the place of 12.31 production or on-farm storage site, or (ii) the continuous or 12.32 noncontinuous transportation of unfinished forest products from 12.33 the place of production to the place of final processing or 12.34 manufacture located within 200 miles of the place of production. 12.35 (4) When the registration on a motor vehicle, trailer, or 12.36 semitrailer is revoked by the registrar according to this 13.1 section, the vehicle must not be operated on the highways of the 13.2 state until it is registered or reregistered, as the case may 13.3 be, and new plates issued, and the registration fee is the 13.4 annual tax for the total gross weight of the vehicle at the time 13.5 of violation. The reregistration pursuant to this subdivision 13.6 of any vehicle operating under reciprocity agreements pursuant 13.7 to section 168.181 or 168.187 must be at the full annual 13.8 registration fee without regard to the percentage of vehicle 13.9 miles traveled in this state. 13.10 Sec. 14. Minnesota Statutes 2002, section 168.187, is 13.11 amended by adding a subdivision to read: 13.12 Subd. 27. [PROHIBITED OPERATION.] The commissioner of 13.13 public safety shall refuse to issue a vehicle registration, 13.14 license plate, or permit to a vehicle licensed under this 13.15 section if the vehicle is assigned to a commercial motor carrier 13.16 who has been prohibited from operating in interstate commerce by 13.17 a federal agency with authority to do so under federal law. 13.18 The commissioner of public safety may revoke the 13.19 registration of a vehicle licensed under this section if the 13.20 vehicle is assigned to a commercial motor carrier who has been 13.21 prohibited from operating in interstate commerce by a federal 13.22 agency with authority to do so under federal law. 13.23 If the prohibition by the federal agency is rescinded, the 13.24 commissioner of public safety may reinstate a vehicle 13.25 registration under this section if registration taxes and fees 13.26 have been paid. 13.27 Sec. 15. Minnesota Statutes 2002, section 168.27, 13.28 subdivision 24, is amended to read: 13.29 Subd. 24. [BONDS.] (a) Except as otherwise provided in 13.30 this subdivision, all persons licensed according to this section 13.31 shall keep in full force and effect a bond with a corporate 13.32 surety to be approved by the registrar of motor vehicles in the 13.33 following amounts; in the case of boat trailer, snowmobile 13.34 trailer, horse trailer or motorized bicycle dealers, or dealers 13.35 in trailers with a manufacturer's rated carrying capacity under 13.36 15,000 pounds designed to transport small construction or farm 14.1 equipment, in the amount of $5,000; and as to all other persons 14.2 in the amount of $50,000. The bond must be conditioned on the 14.3 faithful performance by the licensee of the obligations imposed 14.4 on persons engaged in motor vehicle transactions by the laws of 14.5 this state, including the conduct required of a licensee by this 14.6 section and other sections governing the sale or transfer of 14.7 motor vehicles, and the payment of all taxes, license fees, and 14.8 penalties. The bond must be for the benefit of the state of 14.9 Minnesota and any transferor, seller, or purchaser of a motor 14.10 vehicle for any monetary loss caused by failure of the licensee 14.11 to meet the obligations enumerated above. Proceedings on the 14.12 forfeiture of the bonds must be commenced in the district court 14.13 of the county wherein the business of the licensed person was 14.14 carried on, or if in more than one county, the county in which 14.15 the offense occurred. This subdivision does not apply to a used 14.16 vehicle parts dealer or a scrap metal processor. 14.17 (b) This subdivision does not apply to: 14.18 (1) a dealer in new trailers designed to transport small 14.19 construction or farm equipment in any year following a year in 14.20 which the dealer had less than $500,000 in gross receipts from 14.21 the sale of such trailers; or 14.22 (2) a dealer in new trailers designed to transport small 14.23 construction or farm equipment who has been a dealer in such 14.24 trailers for less than one year and who the department 14.25 reasonably determines will have gross receipts of less than 14.26 $500,000 during the first year of business. 14.27 Sec. 16. Minnesota Statutes 2002, section 168A.11, 14.28 subdivision 1, is amended to read: 14.29 Subdivision 1. [APPLICATIONREQUIREMENTS UPON SUBSEQUENT 14.30 TRANSFER.] (a)IfA dealer who buys a vehicle and holds it for 14.31 resaleand procures the certificate of title from the owner, and14.32complies with subdivision 2 hereof, the dealerneed not apply 14.33 for a certificate of title, but. Upon transferring the vehicle 14.34 to another person other than by the creation of a security 14.35 interest, the dealer shall promptly execute the assignment and 14.36 warranty of title by a dealer, showing the names and addresses 15.1 of the transferee and of any secured party holding a security 15.2 interest created or reserved at the time of the resale, and the 15.3 date of the security agreement in the spaces provided therefor 15.4 on the certificate of title or secure reassignment. 15.5 (b) With respect to motor vehicles subject to the 15.6 provisions of section 325E.15, the dealer shall also, in the 15.7 space provided therefor on the certificate of title or secure 15.8 reassignment, state the true cumulative mileage registered on 15.9 the odometer or that the exact mileage is unknown if the 15.10 odometer reading is known by the transferor to be different from 15.11 the true mileage. 15.12 (c) The transferee shall complete the application for title 15.13 section on the certificate of title or separate title 15.14 application form prescribed by the department. The dealer shall 15.15 mail or deliver the certificate to the registrar or deputy 15.16 registrar with the transferee's application for a new 15.17 certificate and appropriate taxes and fees, within ten business 15.18 days. 15.19 (d) With respect to vehicles sold to buyers who will remove 15.20 the vehicle from this state, the dealer shall remove any license 15.21 plates from the vehicle, issue a 31-day temporary permit 15.22 pursuant to section 168.091, and notify the registrar within 48 15.23 hours of the sale that the vehicle has been removed from this 15.24 state. The notification must be made in an electronic format 15.25 prescribed by the registrar. The dealer may contract with a 15.26 deputy registrar for the notification of sale to an out-of-state 15.27 buyer. The deputy registrar may charge a fee of $7 per 15.28 transaction to provide this service. 15.29 Sec. 17. Minnesota Statutes 2002, section 168A.11, 15.30 subdivision 2, is amended to read: 15.31 Subd. 2. [PURCHASE RECEIPTNOTIFICATION ON VEHICLE HELD 15.32 FOR RESALE.]A dealer, on buying a vehicle for which the seller15.33does not present a certificate of title, shall at the time of15.34taking delivery of the vehicle execute a purchase receipt for15.35the vehicle in a format designated by the department, and15.36deliver a copy to the seller. In a format and at a time16.1prescribed by the registrar, the dealer shall notify the16.2registrar that the vehicle is being held for resale by the16.3dealer.Within 48 hours of acquiring a vehicle titled and 16.4 registered in Minnesota, a dealer shall notify the registrar 16.5 that the dealership is holding the vehicle for resale. The 16.6 notification must be made electronically as prescribed by the 16.7 registrar. The dealer may contract this service to a deputy 16.8 registrar and the registrar may charge a fee of $7 per 16.9 transaction to provide this service. 16.10 Sec. 18. Minnesota Statutes 2002, section 169.01, 16.11 subdivision 78, is amended to read: 16.12 Subd. 78. [RECREATIONAL VEHICLE COMBINATION.] 16.13 "Recreational vehicle combination" means a combination of 16.14 vehicles consisting of a pickup truck as defined in section 16.15 168.011, subdivision 29, attached by means of a fifth-wheel 16.16 coupling to a camper-semitrailer which has hitched to it a 16.17 trailer carrying a watercraft as defined in section 86B.005, 16.18 subdivision 18; off-highway motorcycle as defined in section 16.19 84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile 16.20 as defined in section 84.81, subdivision 3;orall-terrain 16.21 vehicle as defined in section 84.92, subdivision 8; or 16.22 equestrian equipment and supplies. For purposes of this 16.23 subdivision: 16.24 (a) A "fifth-wheel coupling" is a coupling between a 16.25 camper-semitrailer and a towing pickup truck in which a portion 16.26 of the weight of the camper-semitrailer is carried over or 16.27 forward of the rear axle of the towing pickup. 16.28 (b) A "camper-semitrailer" is a trailer, other than a 16.29 manufactured home as defined in section 327B.01, subdivision 13, 16.30 designed for human habitation and used for vacation or 16.31 recreational purposes for limited periods. 16.32 Sec. 19. Minnesota Statutes 2002, section 169.14, is 16.33 amended by adding a subdivision to read: 16.34 Subd. 2a. [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 16.35 commissioner shall designate the speed limit on marked 16.36 Interstate Highway 35E from West Seventh Street to marked 17.1 Interstate Highway 94 in St. Paul as 55 miles per hour, unless 17.2 the commissioner designates a different speed limit on that 17.3 highway after conducting an engineering and traffic 17.4 investigation under subdivision 4 and determining that a 17.5 different speed limit is reasonable and safe. Any speed in 17.6 excess of a speed limit designated under this section is 17.7 unlawful. 17.8 Sec. 20. [169.2212] [BUS DRIVER DUTY OF CARE.] 17.9 The duty of care owed by a driver of a regular route 17.10 transit bus to a passenger on that bus, including a passenger 17.11 who is an elementary or secondary pupil, applies only when the 17.12 passenger is on the bus or boarding or disembarking. The duty 17.13 of care owed by a driver of a paratransit vehicle to a passenger 17.14 on that vehicle, including a passenger who is an elementary or 17.15 secondary pupil, applies only when the passenger is on the 17.16 vehicle or boarding or disembarking, and as provided in the 17.17 local passenger assistance policy. At all other times the 17.18 passenger is a pedestrian and a driver's duty is limited to the 17.19 duty of care owed by an operator of a motor vehicle to a 17.20 pedestrian. For purposes of this section, "regular route 17.21 transit" has the meaning given it in section 174.22, subdivision 17.22 8, and "paratransit" has the meaning given it in section 174.22, 17.23 subdivision 6. 17.24 Sec. 21. Minnesota Statutes 2002, section 169.448, is 17.25 amended by adding a subdivision to read: 17.26 Subd. 4. [DAY ACTIVITY CENTER BUSES.] (a) Notwithstanding 17.27 subdivision 1, a vehicle used to transport adults to and from a 17.28 day activity center may be equipped with prewarning flashing 17.29 amber signals and a stop-signal arm, and the operator of the 17.30 vehicle may activate this equipment under the following 17.31 circumstances: 17.32 (1) the operator possesses a commercial driver's license 17.33 with a school bus endorsement; 17.34 (2) the vehicle is engaged in picking up or dropping off 17.35 adults at locations predesignated by the day activity center 17.36 that owns or leases the bus; 18.1 (3) the vehicle is identified as a "day activity center 18.2 bus" in letters at least eight inches high on the front and rear 18.3 top of the bus; 18.4 (4) the name, address, and telephone number of the owner 18.5 and operator of the bus is identified on each front door of the 18.6 bus in letters not less than three inches high; and 18.7 (5) notwithstanding subdivision 1, paragraph (a), the 18.8 vehicle is painted national school bus glossy yellow. 18.9 (b) The provisions of section 169.444 relating to duties of 18.10 care of a motorist to a school bus, and violations thereof, 18.11 apply to a vehicle described in this section when the vehicle is 18.12 operated in conformity with this subdivision. The provisions of 18.13 section 169.443 relating to a bus driver's duties apply to a 18.14 vehicle described in this section except those which by their 18.15 nature have no application. 18.16 Sec. 22. Minnesota Statutes 2002, section 169.81, 18.17 subdivision 3c, is amended to read: 18.18 Subd. 3c. [RECREATIONAL VEHICLE COMBINATION.] 18.19 Notwithstanding subdivision 3, a recreational vehicle 18.20 combination may be operated without a permit if: 18.21 (1) the combination does not consist of more than three 18.22 vehicles, and the towing rating of the pickup truck is equal to 18.23 or greater than the total weight of all vehicles being towed; 18.24 (2) the combination does not exceed 60 feet in length; 18.25 (3) the camper-semitrailer in the combination does not 18.26 exceed 28 feet in length; 18.27 (4) the operator of the combination is at least 18 years of 18.28 age; 18.29 (5) the trailer carrying a watercraft, motorcycle, 18.30 motorized bicycle, off-highway motorcycle, snowmobile,or18.31 all-terrain vehicle, or equestrian equipment and supplies meets 18.32 all requirements of law; 18.33 (6) the trailers in the combination are connected to the 18.34 pickup truck and each other in conformity with section 169.82; 18.35 and 18.36 (7) the combination is not operated within the seven-county 19.1 metropolitan area, as defined in section 473.121, subdivision 2, 19.2 during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 19.3 p.m. on Mondays through Fridays. 19.4 Sec. 23. Minnesota Statutes 2002, section 169.81, is 19.5 amended by adding a subdivision to read: 19.6 Subd. 3e. [ARTICULATED BUSES.] Notwithstanding subdivision 19.7 2, a motor carrier of passengers registered under section 19.8 221.0252 may operate without a permit an articulated bus of up 19.9 to 61 feet in length. 19.10 Sec. 24. Minnesota Statutes 2002, section 169.824, 19.11 subdivision 2, is amended to read: 19.12 Subd. 2. [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 19.13 Notwithstanding the provisions of section 169.85, the gross 19.14 vehicle weight of all axles of a vehicle or combination of 19.15 vehicles shall not exceed: 19.16 (1) except as provided in clause (2), 80,000 pounds for any 19.17 vehicle or combination of vehicles on all state trunk highways 19.18 as defined in section 160.02, subdivision 29, and for all routes 19.19 designated under section 169.832, subdivision 11; 19.20 (2) 88,000 pounds for any vehicle or combination of 19.21 vehicles with six or more axles while exclusively engaged in 19.22 hauling livestock on all state trunk highways other than 19.23 interstate highways, if the vehicle has a permit under section 19.24 169.86, subdivision 5, paragraph (j); 19.25 (3) 73,280 pounds for any vehicle or combination of 19.26 vehicles with five axles or less on all routes, other than state 19.27 trunk highways and routes that are designated under section 19.28 169.832, subdivision 11; and 19.29(3)(4) 80,000 pounds for any vehicle or combination of 19.30 vehicles with six or more axles on all routes, other than state 19.31 trunk highways and routes that are designated under section 19.32 169.832, subdivision 11. 19.33 (b) The maximum weights specified in this section for five 19.34 consecutive axles shall not apply to a four-axle ready-mix 19.35 concrete truck which was equipped with a fifth axle prior to 19.36 June 1, 1981. The maximum gross weight on four or fewer 20.1 consecutive axles of vehicles excepted by this clause shall not 20.2 exceed any maximum weight specified for four or fewer 20.3 consecutive axles in this section. 20.4 Sec. 25. [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 20.5 PRODUCTS.] 20.6 A vehicle or combination of vehicles hauling raw or 20.7 unfinished forest products, including wood chips, by the most 20.8 direct route to the nearest highway that has been designated 20.9 under section 169.832, subdivision 11, may be operated on any 20.10 highway with gross weights permitted under sections 169.822 to 20.11 169.829 without regard to load restrictions imposed on that 20.12 highway, except that such vehicles must: 20.13 (1) comply with seasonal load restrictions in effect 20.14 between the dates set by the commissioner under section 169.87, 20.15 subdivision 2; 20.16 (2) comply with bridge load limits posted under section 20.17 169.84; 20.18 (3) be equipped and operated with six axles and brakes; 20.19 (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 20.20 gross weight during the time when seasonal increases are 20.21 authorized under section 169.826; 20.22 (5) not be operated on interstate and defense highways; 20.23 (6) obtain an annual permit from the commissioner of 20.24 transportation; and 20.25 (7) obey all road postings. 20.26 Sec. 26. Minnesota Statutes 2003 Supplement, section 20.27 169.86, subdivision 5, is amended to read: 20.28 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 20.29 commissioner, with respect to highways under the commissioner's 20.30 jurisdiction, may charge a fee for each permit issued. All such 20.31 fees for permits issued by the commissioner of transportation 20.32 shall be deposited in the state treasury and credited to the 20.33 trunk highway fund. Except for those annual permits for which 20.34 the permit fees are specified elsewhere in this chapter, the 20.35 fees shall be: 20.36 (a) $15 for each single trip permit. 21.1 (b) $36 for each job permit. A job permit may be issued 21.2 for like loads carried on a specific route for a period not to 21.3 exceed two months. "Like loads" means loads of the same 21.4 product, weight, and dimension. 21.5 (c) $60 for an annual permit to be issued for a period not 21.6 to exceed 12 consecutive months. Annual permits may be issued 21.7 for: 21.8 (1) motor vehicles used to alleviate a temporary crisis 21.9 adversely affecting the safety or well-being of the public; 21.10 (2) motor vehicles which travel on interstate highways and 21.11 carry loads authorized under subdivision 1a; 21.12 (3) motor vehicles operating with gross weights authorized 21.13 under section 169.826, subdivision 1a; 21.14 (4) special pulpwood vehicles described in section 169.863; 21.15 (5) motor vehicles bearing snowplow blades not exceeding 21.16 ten feet in width; and 21.17 (6) noncommercial transportation of a boat by the owner or 21.18 user of the boat. 21.19 (d) $120 for an oversize annual permit to be issued for a 21.20 period not to exceed 12 consecutive months. Annual permits may 21.21 be issued for: 21.22 (1) mobile cranes; 21.23 (2) construction equipment, machinery, and supplies; 21.24 (3) manufactured homes; 21.25 (4) implements of husbandry when the movement is not made 21.26 according to the provisions of paragraph (i); 21.27 (5) double-deck buses; 21.28 (6) commercial boat hauling. 21.29 (e) For vehicles which have axle weights exceeding the 21.30 weight limitations of sections 169.822 to 169.829, an additional 21.31 cost added to the fees listed above. However, this paragraph 21.32 applies to any vehicle described in section 168.013, subdivision 21.33 3, paragraph (b), but only when the vehicle exceeds its gross 21.34 weight allowance set forth in that paragraph, and then the 21.35 additional cost is for all weight, including the allowance 21.36 weight, in excess of the permitted maximum axle weight. The 22.1 additional cost is equal to the product of the distance traveled 22.2 times the sum of the overweight axle group cost factors shown in 22.3 the following chart: 22.4 Overweight Axle Group Cost Factors 22.5 Weight (pounds) Cost Per Mile For Each Group Of: 22.6 exceeding Two consec- Three consec- Four consec- 22.7 weight utive axles utive axles utive axles 22.8 limitations spaced within spaced within spaced within 22.9 on axles 8 feet or less 9 feet or less 14 feet or less 22.10 0-2,000 .12 .05 .04 22.11 2,001-4,000 .14 .06 .05 22.12 4,001-6,000 .18 .07 .06 22.13 6,001-8,000 .21 .09 .07 22.14 8,001-10,000 .26 .10 .08 22.15 10,001-12,000 .30 .12 .09 22.16 12,001-14,000 Not permitted .14 .11 22.17 14,001-16,000 Not permitted .17 .12 22.18 16,001-18,000 Not permitted .19 .15 22.19 18,001-20,000 Not permitted Not permitted .16 22.20 20,001-22,000 Not permitted Not permitted .20 22.21 The amounts added are rounded to the nearest cent for each axle 22.22 or axle group. The additional cost does not apply to paragraph 22.23 (c), clauses (1) and (3). 22.24 For a vehicle found to exceed the appropriate maximum permitted 22.25 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 22.26 a ton, over the permitted maximum weight is imposed in addition 22.27 to the normal permit fee. Miles must be calculated based on the 22.28 distance already traveled in the state plus the distance from 22.29 the point of detection to a transportation loading site or 22.30 unloading site within the state or to the point of exit from the 22.31 state. 22.32 (f) As an alternative to paragraph (e), an annual permit 22.33 may be issued for overweight, or oversize and overweight, 22.34 construction equipment, machinery, and supplies. The fees for 22.35 the permit are as follows: 22.36 Gross Weight (pounds) of Vehicle Annual Permit Fee 23.1 90,000 or less $200 23.2 90,001 - 100,000 $300 23.3 100,001 - 110,000 $400 23.4 110,001 - 120,000 $500 23.5 120,001 - 130,000 $600 23.6 130,001 - 140,000 $700 23.7 140,001 - 145,000 $800 23.8 If the gross weight of the vehicle is more than 145,000 pounds 23.9 the permit fee is determined under paragraph (e). 23.10 (g) For vehicles which exceed the width limitations set 23.11 forth in section 169.80 by more than 72 inches, an additional 23.12 cost equal to $120 added to the amount in paragraph (a) when the 23.13 permit is issued while seasonal load restrictions pursuant to 23.14 section 169.87 are in effect. 23.15 (h) $85 for an annual permit to be issued for a period not 23.16 to exceed 12 months, for refuse-compactor vehicles that carry a 23.17 gross weight of not more than: 22,000 pounds on a single rear 23.18 axle; 38,000 pounds on a tandem rear axle; or, subject to 23.19 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 23.20 axle. A permit issued for up to 46,000 pounds on a tridem rear 23.21 axle must limit the gross vehicle weight to not more than 62,000 23.22 pounds. 23.23 (i) For vehicles exclusively transporting implements of 23.24 husbandry, an annual permit fee of $24. A vehicle operated 23.25 under a permit authorized by this paragraph may be moved at the 23.26 discretion of the permit holder without prior route approval by 23.27 the commissioner if: 23.28 (1) the total width of the transporting vehicle, including 23.29 load, does not exceed 14 feet; 23.30 (2) the vehicle is operated only between sunrise and 30 23.31 minutes after sunset, and is not operated at any time after 23.32 12:00 noon on Sundays or holidays; 23.33 (3) the vehicle is not operated when visibility is impaired 23.34 by weather, fog, or other conditions that render persons and 23.35 other vehicles not clearly visible at 500 feet; 23.36 (4) the vehicle displays at the front and rear of the load 24.1 or vehicle a pair of flashing amber lights, as provided in 24.2 section 169.59, subdivision 4, whenever the overall width of the 24.3 vehicle exceeds 126 inches; and 24.4 (5) the vehicle is not operated on a trunk highway with a 24.5 surfaced roadway width of less than 24 feet unless such 24.6 operation is authorized by the permit. 24.7 A permit under this paragraph authorizes movements of the 24.8 permitted vehicle on an interstate highway, and movements of 75 24.9 miles or more on other highways. 24.10 (j) $200 for an annual permit for a vehicle operating under 24.11 authority of section 169.824, subdivision 2, paragraph (a), 24.12 clause (2). 24.13 (k) $300 for a motor vehicle described in section 24.14 169.8261. The fee under this paragraph must be deposited as 24.15 follows: 24.16 (1) In fiscal years 2005 through 2010: 24.17 (i) The first $50,000 in each fiscal year must be deposited 24.18 in the trunk highway fund. 24.19 (ii) All remaining money in each fiscal year must be 24.20 deposited in a bridge inspection and signing account in the 24.21 special revenue fund. Money in the account is appropriated to 24.22 the commissioner for: 24.23 (A) inspection of local bridges and identification of local 24.24 bridges to be posted, including contracting with a consultant 24.25 for some or all of these functions; and 24.26 (B) erection of weight posting signs on local bridges. 24.27 (2) In fiscal year 2011 and subsequent years, all fees 24.28 under this paragraph must be deposited in the trunk highway fund. 24.29 Sec. 27. Minnesota Statutes 2002, section 169.87, 24.30 subdivision 4, is amended to read: 24.31 Subd. 4. [VEHICLE TRANSPORTING MILK.] Until June 1,200324.32 2005, a weight restriction imposed under subdivision 1 by the 24.33 commissioner of transportation or a local road authority, or 24.34 imposed by subdivision 2, does not apply to a vehicle 24.35 transporting milk from the point of production to the point of 24.36 first processing if, at the time the weight restriction is 25.1 exceeded, the vehicle is carrying milk loaded at only one point 25.2 of production. This subdivision does not authorize a vehicle 25.3 described in this subdivision to exceed a weight restriction of 25.4 five tons per axle by more than two tons per axle. 25.5 [EFFECTIVE DATE.] This section is effective the day 25.6 following final enactment. 25.7 Sec. 28. Minnesota Statutes 2002, section 169.99, 25.8 subdivision 1b, is amended to read: 25.9 Subd. 1b. [SPEED.] The uniform traffic ticket must provide 25.10 a blank or space wherein: 25.11 (1) an officer who issues a citation for a violation of 25.12 section 169.14, subdivision 2, paragraph (a), clause (3), must 25.13 specify whether the speed was greater than ten miles per hour in 25.14 excess of the lawful speed; 25.15 (2) an officer who issues a citation for exceeding a speed 25.16 limit of 60 miles per hour must specify whether the speed was 25.17 greater than five miles per hour in excess of the lawful speed; 25.18 and 25.19 (3) an officer who issues a citation for a violation of 25.20 section 169.14, subdivision 2, paragraph (a), clause (2), (4), 25.21 or (5), must specify whether the speed was greater than ten 25.22 miles per hour in excess of the lawful speed. 25.23 Sec. 29. Minnesota Statutes 2002, section 171.05, 25.24 subdivision 1, is amended to read: 25.25 Subdivision 1. [PERSON 18 OR MORE YEARS OF AGE.] Any 25.26 person who is 18 or more years of age and who, except for a lack 25.27 of instruction in operating a motor vehicle, would otherwise be 25.28 qualified to obtain a class D driver's license under this 25.29 chapter, may apply for an instruction permit and the department 25.30 shall issue such permit entitling the applicant, while having 25.31 such permit in immediate possession, to drive a motor vehicle 25.32 for which a class D license is valid upon the highways for a 25.33 period ofone yeartwo years, but such person must be 25.34 accompanied by an adult licensed driver who is actually 25.35 occupying a seat beside the driver. Any license of a lower 25.36 class may be used as an instruction permit for a higher class 26.1 for a period of six months after passage of the written test or 26.2 tests required for the higher class and when the licensee is 26.3 accompanied by and receiving instruction from a holder of the 26.4 appropriate higher class license. A copy of the record of 26.5 examination taken for the higher class license must be carried 26.6 by the driver while using such lower class license as an 26.7 instruction permit. 26.8 Sec. 30. Minnesota Statutes 2002, section 171.05, 26.9 subdivision 2, is amended to read: 26.10 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 26.11 Notwithstanding any provision in subdivision 1 to the contrary, 26.12 the department may issue an instruction permit to an applicant 26.13 who is 15, 16, or 17 years of age and who: 26.14 (1) has completed a course of driver education in another 26.15 state, has a previously issued valid license from another state, 26.16 or is enrolled in either: 26.17 (i) a public, private, or commercial driver education 26.18 program that is approved by the commissioner of public safety 26.19 and that includes classroom and behind-the-wheel training; or 26.20 (ii) an approved behind-the-wheel driver education program 26.21 when the student is receiving full-time instruction in a home 26.22 school within the meaning of sections 120A.22 and 120A.24, the 26.23 student is working toward a home-school diploma, the student's 26.24 status as a home-school student has been certified by the 26.25 superintendent of the school district in which the student 26.26 resides, and the student is taking home-classroom driver 26.27 training with classroom materials approved by the commissioner 26.28 of public safety; 26.29 (2) has completed the classroom phase of instruction in the 26.30 driver education program; 26.31 (3) has passed a test of the applicant's eyesight; 26.32 (4) has passed a department-administered test of the 26.33 applicant's knowledge of traffic laws; 26.34 (5) has completed the required application, which must be 26.35 approved by (i) either parent when both reside in the same 26.36 household as the minor applicant or, if otherwise, then (ii) the 27.1 parent or spouse of the parent having custody or, in the event 27.2 there is no court order for custody, then (iii) the parent or 27.3 spouse of the parent with whom the minor is living or, if items 27.4 (i) to (iii) do not apply, then (iv) the guardian having custody 27.5 of the minor or, in the event a person under the age of 18 has 27.6 no living father, mother, or guardian, or is married or 27.7 otherwise legally emancipated, then (v) the applicant's adult 27.8 spouse, adult close family member, or adult employer; provided, 27.9 that the approval required by this clause contains a 27.10 verification of the age of the applicant and the identity of the 27.11 parent, guardian, adult spouse, adult close family member, or 27.12 adult employer; and 27.13 (6) has paid the fee required in section 171.06, 27.14 subdivision 2. 27.15 (b) The instruction permit is valid forone yeartwo years 27.16 from the date of application and may be renewed upon payment of 27.17 a fee equal to the fee for issuance of an instruction permit 27.18 under section 171.06, subdivision 2. 27.19 Sec. 31. Minnesota Statutes 2002, section 171.12, 27.20 subdivision 6, is amended to read: 27.21 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] The 27.22 department shall not keep on the record of a driver any 27.23 conviction for: 27.24 (1) a violation of section 169.14, subdivision 2, paragraph 27.25 (a), clause (3), unless the violation consisted of a speed 27.26 greater than ten miles per hour in excess of the lawful speed; 27.27 (2) a violation of a speed limit of 60 miles per hour 27.28 unless the violation consisted of a speed greater than five 27.29 miles per hour in excess of the lawful speed; or 27.30 (3) a violation of section 169.14, subdivision 2, paragraph 27.31 (a), clause (2), (4), or (5), unless the violation consisted of 27.32 a speed greater than ten miles per hour in excess of the lawful 27.33 speed. 27.34 Sec. 32. Minnesota Statutes 2002, section 171.165, 27.35 subdivision 1, is amended to read: 27.36 Subdivision 1. [FIRST VIOLATION.] Subject to section 28.1 171.166, the commissioner shall disqualify a person from 28.2 operating commercial motor vehicles for one year upon receiving 28.3 a record of the first conviction of the person for committing a 28.4 violation of any of the following offenses while operating a 28.5commercialmotor vehicle: 28.6 (1) section 169A.20 or 169A.31; 28.7 (2) section 169.09, subdivision 1 or 2; 28.8 (3) a felony, other than a felony described in subdivision 28.9 3, paragraph (a), clause (2), item (ii); 28.10 (4) driving with a revoked, suspended, canceled, denied, or 28.11 disqualified commercial driver's license; 28.12 (5) causing a fatality through the negligent or criminal 28.13 operation of a commercial motor vehicle; or 28.14 (6) an offense committed in another state that would be 28.15 grounds for disqualification under this subdivision or 28.16 subdivision 2 if committed in Minnesota. 28.17 Sec. 33. Minnesota Statutes 2002, section 171.165, 28.18 subdivision 4, is amended to read: 28.19 Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a 28.20 record of conviction and subject to section 171.166, the 28.21 commissioner shall disqualify a person from operating commercial 28.22 motor vehicles for 60 days if the person is convicted of two 28.23 serious traffic violations, or 120 days if convicted of three 28.24 serious traffic violations. The violations must involve 28.25 separate incidents and must have been committed in acommercial28.26 motor vehicle within a three-year period. For purposes of this 28.27 subdivision, a serious traffic violation includes the following: 28.28 (1) following too closely under section 169.18, subdivision 28.29 8; 28.30 (2) erratic lane change under sections 169.18, subdivisions 28.31 3 and 7; and 169.19, subdivision 4; 28.32 (3) operating thecommercialvehicle at a speed 15 miles 28.33 per hour or more above the posted speed limit; 28.34 (4) reckless or careless driving under section 169.13; 28.35 (5) fleeing a peace officer under section 609.487; 28.36 (6) a violation of a moving traffic statute of Minnesota or 29.1 any state, or an ordinance in conformity with a Minnesota 29.2 statute, that arose in connection with a fatal accident; 29.3 (7) operating a commercial motor vehicle without the proper 29.4 class of commercial driver's license or endorsements for the 29.5 type of vehicle being operated; and 29.6 (8) operating a commercial motor vehicle without a 29.7 commercial driver's license in immediate possession, unless the 29.8 person provides proof to the court that, on the date of the 29.9 citation, the person held a valid commercial driver's license of 29.10 the proper class and with the proper endorsements. 29.11 Sec. 34. Minnesota Statutes 2002, section 171.165, is 29.12 amended by adding a subdivision to read: 29.13 Subd. 8. [ADOPTION OF FEDERAL REGULATIONS.] Code of 29.14 Federal Regulations, title 49, section 383.51, is incorporated 29.15 by reference. 29.16 Sec. 35. Minnesota Statutes 2003 Supplement, section 29.17 171.20, subdivision 4, is amended to read: 29.18 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 29.19 reinstated, (1) a person whose driver's license has been 29.20 suspended under section 171.16, subdivision 2; 171.18, except 29.21 subdivision 1, clause (10); or 171.182, or who has been 29.22 disqualified from holding a commercial driver's license under 29.23 section 171.165, and (2) a person whose driver's license has 29.24 been suspended under section 171.186 and who is not exempt from 29.25 such a fee, must pay a fee of $20. 29.26 (b) Before the license is reinstated, a person whose 29.27 license has been suspendedor revokedunder sections 169.791 to 29.28 169.798 must pay a $20 reinstatement fee. 29.29 (c) When fees are collected by a licensing agent appointed 29.30 under section 171.061, a handling charge is imposed in the 29.31 amount specified under section 171.061, subdivision 4. The 29.32 reinstatement fee and surcharge must be deposited in an approved 29.33 state depository as directed under section 171.061, subdivision 29.34 4. 29.35 (d) A suspension may be rescinded without fee for good 29.36 cause. 30.1 Sec. 36. [171.324] [HAZARDOUS MATERIALS LICENSE 30.2 ENDORSEMENT BACKGROUND CHECKS.] 30.3 Subdivision 1. [ENDORSEMENT; FEE; ACCOUNT; 30.4 APPROPRIATION.] (a) Before being issued or renewing a class C, 30.5 class B, or class A driver's license with a hazardous materials 30.6 endorsement, an applicant must comply with the federal 30.7 regulations incorporated in this section. 30.8 (b) The commissioner may charge the applicant a fee of up 30.9 to $100 to cover the department's actual costs of conducting the 30.10 required background check of persons applying for a Minnesota 30.11 driver's license with a hazardous materials endorsement. The 30.12 proceeds of the fee must be deposited in an account in the 30.13 special revenue fund. Money in the account is annually 30.14 appropriated to the commissioner to pay the actual costs 30.15 associated with conducting the required background checks. 30.16 Subd. 2. [ADOPTION OF FEDERAL REGULATIONS.] Public Law 30.17 107-56, section 1012, as implemented in Code of Federal 30.18 Regulations, title 49, part 1572, is incorporated by reference 30.19 except for sections 1572.9 and 1572.11. 30.20 Subd. 3. [RULES.] The commissioner may adopt rules 30.21 pursuant to section 14.388, subdivision 1, clause (1), in order 30.22 to implement this section. 30.23 [EFFECTIVE DATE.] This section is effective the day 30.24 following final enactment. 30.25 Sec. 37. Minnesota Statutes 2002, section 174.03, is 30.26 amended by adding a subdivision to read: 30.27 Subd. 10. [PROMOTION OF BICYCLE COMMUTING.] To conserve 30.28 energy, alleviate traffic congestion, improve employee health 30.29 through increased physical activity, decrease demand for motor 30.30 vehicle parking, and minimize the environmental impact of 30.31 commuting by singly occupied motor vehicles, the commissioner of 30.32 transportation must promote bicycle commuting. As part of 30.33 promoting bicycle commuting, the commissioner must: 30.34 (1) consider the effect on bicycle commuting in the design 30.35 of transportation facilities throughout the state; 30.36 (2) encourage employers who are making capital improvements 31.1 to their facilities to incorporate design elements that will 31.2 facilitate bicycle commuting, such as bike racks, indoor or 31.3 outdoor sheltered bicycle parking, high-security bicycle 31.4 parking, showers, and dressing areas for bikers; and 31.5 (3) encourage employers that provide parking or other 31.6 subsidies for drivers to provide subsidies for bicycle commuters. 31.7 Sec. 38. [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM.] 31.8 The commissioner shall develop a plan for a statewide 31.9 system of ten-ton county and county state-aid highways to, in 31.10 order of priority: 31.11 (1) support the commissioner's interregional corridor 31.12 system; 31.13 (2) provide greater efficiencies for forestry, agriculture, 31.14 and other industries in transporting their produce to market; 31.15 and 31.16 (3) provide new and existing manufacturing industries with 31.17 new growth opportunities. 31.18 [EFFECTIVE DATE.] This section is effective July 1, 2004. 31.19 Sec. 39. Minnesota Statutes 2002, section 179A.03, 31.20 subdivision 7, is amended to read: 31.21 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 31.22 firefighters, peace officers subject to licensure under sections 31.23 626.84 to 626.863, 911 system and police and fire department 31.24 public safety dispatchers, guards at correctional facilities, 31.25 confidential employees, supervisory employees, assistant county 31.26 attorneys, assistant city attorneys, principals, and assistant 31.27 principals. However, for state employees, "essential employee" 31.28 means all employees in law enforcement, public safety radio 31.29 communications operators, health care professionals, 31.30 correctional guards, professional engineering, and supervisory 31.31 collective bargaining units, irrespective of severance, and no 31.32 other employees. For University of Minnesota employees, 31.33 "essential employee" means all employees in law enforcement, 31.34 nursing professional and supervisory units, irrespective of 31.35 severance, and no other employees. "Firefighters" means 31.36 salaried employees of a fire department whose duties include, 32.1 directly or indirectly, controlling, extinguishing, preventing, 32.2 detecting, or investigating fires. Employees for whom the state 32.3 court administrator is the negotiating employer are not 32.4 essential employees. 32.5 [EFFECTIVE DATE.] This section is effective July 1, 2004. 32.6 Sec. 40. Minnesota Statutes 2002, section 179A.10, 32.7 subdivision 2, is amended to read: 32.8 Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless 32.9 otherwise excluded, are included within the units which include 32.10 the classifications to which they are assigned for purposes of 32.11 compensation. Supervisory employees shall only be assigned to 32.12 units 12 and 16. The following are the appropriate units of 32.13 executive branch state employees: 32.14 (1) Law Enforcement Unit; 32.15 (2) Craft, Maintenance, and Labor unit; 32.16 (3) Service Unit; 32.17 (4) Health Care Nonprofessional Unit; 32.18 (5) Health Care Professional Unit; 32.19 (6) Clerical and Office Unit; 32.20 (7) Technical Unit; 32.21 (8) Correctional Guards Unit; 32.22 (9) State University Instructional Unit; 32.23 (10) State College Instructional Unit; 32.24 (11) State University Administrative Unit; 32.25 (12) Professional Engineering Unit; 32.26 (13) Health Treatment Unit; 32.27 (14) General Professional Unit; 32.28 (15) Professional State Residential Instructional Unit;and32.29 (16) Supervisory Employees Unit; and 32.30 (17) Public Safety Radio Communications Operator Unit. 32.31 Each unit consists of the classifications or positions 32.32 assigned to it in the schedule of state employee job 32.33 classification and positions maintained by the commissioner. 32.34 The commissioner may only make changes in the schedule in 32.35 existence on the day prior to August 1, 1984, as required by law 32.36 or as provided in subdivision 4. 33.1 [EFFECTIVE DATE.] This section is effective July 1, 2004. 33.2 Sec. 41. Minnesota Statutes 2002, section 299D.08, is 33.3 amended to read: 33.4 299D.08 [TRAFFIC CITATION QUOTA PROHIBITED.] 33.5 The State Patrol or a law enforcement agency shall not 33.6 order, mandate, require, or suggest to a patrol trooper, 33.7 commercial vehicle inspector, or law compliance representative 33.8 that the patrol trooper, inspector, or representative issue a 33.9 certain number of traffic citations on a daily, weekly, monthly, 33.10 quarterly, or yearly quota basis. 33.11 Sec. 42. Minnesota Statutes 2002, section 360.015, is 33.12 amended by adding a subdivision to read: 33.13 Subd. 6a. [STATE AVIATION PLAN.] The commissioner must 33.14 prepare a 20-year state aviation plan that addresses all key and 33.15 intermediate airports in Minnesota. The commissioner shall 33.16 consult with the Metropolitan Airports Commission in preparing 33.17 the plan. The commissioner shall adopt the plan by January 1, 33.18 2006, and adopt an updated version of the plan every five years 33.19 thereafter. 33.20 Sec. 43. Minnesota Statutes 2002, section 609.531, 33.21 subdivision 1, is amended to read: 33.22 Subdivision 1. [DEFINITIONS.] For the purpose of sections 33.23 609.531 to 609.5318, the following terms have the meanings given 33.24 them. 33.25 (a) "Conveyance device" means a device used for 33.26 transportation and includes, but is not limited to, a motor 33.27 vehicle, trailer, snowmobile, airplane, and vessel and any 33.28 equipment attached to it. The term "conveyance device" does not 33.29 include property which is, in fact, itself stolen or taken in 33.30 violation of the law. 33.31 (b) "Weapon used" means a dangerous weapon as defined under 33.32 section 609.02, subdivision 6, that the actor used or had in 33.33 possession in furtherance of a crime. 33.34 (c) "Property" means property as defined in section 609.52, 33.35 subdivision 1, clause (1). 33.36 (d) "Contraband" means property which is illegal to possess 34.1 under Minnesota law. 34.2 (e) "Appropriate agency" means the Bureau of Criminal 34.3 Apprehension, the Minnesota Division of Driver and Vehicle 34.4 Services, the Minnesota State Patrol, a county sheriff's 34.5 department, the Suburban Hennepin Regional Park District park 34.6 rangers, the Department of Natural Resources Division of 34.7 Enforcement, the University of Minnesota Police Department, or a 34.8 city or airport police department. 34.9 (f) "Designated offense" includes: 34.10 (1) for weapons used: any violation of this chapter, 34.11 chapter 152, or chapter 624; 34.12 (2) for driver's license or identification card 34.13 transactions: any violation of section 171.22; and 34.14 (3) for all other purposes: a felony violation of, or a 34.15 felony-level attempt or conspiracy to violate, section 325E.17; 34.16 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 34.17 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 34.18 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 34.19 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 34.20 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 34.21 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 34.22 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 34.23 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 34.24 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 34.25 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 34.26 609.895; 617.246; or a gross misdemeanor or felony violation of 34.27 section 609.891 or 624.7181; or any violation of section 609.324. 34.28 (g) "Controlled substance" has the meaning given in section 34.29 152.01, subdivision 4. 34.30 Sec. 44. [TRANSITION.] 34.31 Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 34.32 The commissioner of the Bureau of Mediation Services shall 34.33 assign the job classifications and positions of employees 34.34 working as public safety radio communications operators to state 34.35 employee bargaining unit 17. 34.36 Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 35.1 and conditions of the collective bargaining agreement, memoranda 35.2 of understanding, or other salary and benefit provisions 35.3 covering public safety radio communications operators 35.4 immediately before the effective date of this section remain in 35.5 effect until a successor agreement between the commissioner of 35.6 employee relations and the exclusive representative of 35.7 bargaining unit 17 becomes effective, subject to Minnesota 35.8 Statutes, section 179A.20, subdivision 6. 35.9 Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee 35.10 organization that is the exclusive representative of employees 35.11 assigned to bargaining unit 17 on the day before the effective 35.12 date of this section must be certified by the commissioner of 35.13 the Bureau of Mediation Services as the exclusive representative 35.14 of newly created bargaining unit 17, subject to future changes 35.15 as provided in Minnesota Statutes, section 179A.12. For 35.16 employees assigned to bargaining unit 17, the exclusive 35.17 representative retains all rights and obligations under the 35.18 contract governing these employees immediately before the 35.19 effective date of this section, so long as that contract 35.20 continues to apply to those employees. 35.21 [EFFECTIVE DATE.] This section is effective July 1, 2004. 35.22 Sec. 45. [REPORT REQUIRED.] 35.23 The commissioner of transportation shall conduct 35.24 engineering and traffic investigations of speeds on trunk 35.25 highways and interstate freeways that (1) are part of the United 35.26 States highway numbering system, and (2) have a speed limit of 35.27 55 miles per hour in the case of trunk highways and 70 miles per 35.28 hour in the case of interstate freeways. After conducting the 35.29 engineering and traffic investigation on any such highway, the 35.30 commissioner shall designate a speed limit of 60 miles per hour 35.31 on trunk highways and 75 miles per hour on interstate freeways 35.32 if the commissioner determines on the basis of the investigation 35.33 that such a speed limit is reasonable, safe, and unlikely to 35.34 raise the medical costs associated with motor vehicle crashes. 35.35 The commissioner shall report by February 1, 2005, to the chairs 35.36 of the legislative committees having jurisdiction over 36.1 transportation policy and finance on each highway on which the 36.2 commissioner has conducted an engineering and traffic 36.3 investigation under this section, and in each case describe the 36.4 results of the investigation and the commissioner's ensuing 36.5 action. 36.6 Sec. 46. [NOT TO AFFECT BRIDGE POSTINGS.] 36.7 Nothing in sections 24 and 26 authorizes operation of any 36.8 vehicle on any bridge in violation of gross weight limitations 36.9 lawfully posted for that bridge. 36.10 Sec. 47. [REPEALER.] 36.11 Minnesota Statutes 2002, section 169.685, subdivision 4, is 36.12 repealed. 36.13 [EFFECTIVE DATE.] This section is effective July 1, 2005, 36.14 and applies to actions commenced on or after that date. 36.15 Sec. 48. [EFFECTIVE DATE.] 36.16 Sections 19, 28, 31, and 45 are effective June 1, 2004.