SF 2263

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for cost-sharing 
  1.3             agreements with tribal authorities; authorizing 
  1.4             commissioner of transportation to require electronic 
  1.5             bids for highway contracts valued at $5,000,000 or 
  1.6             more; providing for or changing expiration of certain 
  1.7             transportation-related committees; authorizing local 
  1.8             governments to designate roads for transporting 
  1.9             permitted weights; providing for seasonal load 
  1.10            restrictions on gravel roads; modifying bond 
  1.11            requirements for certain vehicle dealers; modifying 
  1.12            gross vehicle weight restrictions; setting a permit 
  1.13            fee for certain vehicles; modifying interstate vehicle 
  1.14            registration provisions; providing for certain license 
  1.15            endorsement background checks; modifying driver's 
  1.16            license fee provisions; defining agency for purposes 
  1.17            of certain forfeitures; modifying highway rest area 
  1.18            and land management provisions; making technical 
  1.19            changes; amending Minnesota Statutes 2002, sections 
  1.20            160.08, subdivision 7; 160.276; 160.277; 160.278; 
  1.21            160.28; 161.23, subdivision 3; 161.32, subdivision 1b; 
  1.22            161.433, subdivision 2; 161.434; 162.021, subdivision 
  1.23            5; 162.07, subdivision 5; 162.09, subdivision 2; 
  1.24            162.13, subdivision 3; 168.187, by adding a 
  1.25            subdivision; 168.27, subdivision 24; 169.832, by 
  1.26            adding a subdivision; 174.52, subdivision 3; 609.531, 
  1.27            subdivision 1; Minnesota Statutes 2003 Supplement, 
  1.28            sections 161.368; 162.02, subdivision 2; 169.86, 
  1.29            subdivision 5; 171.20, subdivision 4; proposing coding 
  1.30            for new law in Minnesota Statutes, chapters 160; 169; 
  1.31            171; repealing Minnesota Statutes 2002, section 
  1.32            174.55, as amended. 
  1.33  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.34                             ARTICLE 1 
  1.35                    TRANSPORTATION MISCELLANEOUS 
  1.36     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.37  161.368, is amended to read: 
  1.38     161.368 [HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.] 
  1.39     On behalf of the state, the commissioner may enter into 
  2.1   cost-sharing agreements with Indian tribal authorities for the 
  2.2   purpose of providing maintenance, design, and construction to 
  2.3   highways on tribal lands.  These agreements may include (1) a 
  2.4   provision for waiver of immunity from suit by a party to the 
  2.5   contract on the part of the tribal authority with respect to any 
  2.6   controversy arising out of the contract and (2) a provision 
  2.7   conferring jurisdiction on state district courts to hear such a 
  2.8   controversy. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 161.32, 
  2.10  subdivision 1b, is amended to read: 
  2.11     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
  2.12  bids electronically in a form and manner required by the 
  2.13  commissioner; however, the commissioner may require that all 
  2.14  bids of $5,000,000 and over for trunk highway contracts must be 
  2.15  submitted electronically.  Trunk highway construction contracts, 
  2.16  including design-build contracts, must be awarded to the lowest 
  2.17  responsible bidder, taking into consideration conformity with 
  2.18  the specifications, the purpose for which the contract or 
  2.19  purchase is intended, the status and capability of the vendor, 
  2.20  and other considerations imposed in the call for bids.  The 
  2.21  commissioner may decide which is the lowest responsible bidder 
  2.22  for all contracts and may use the principles of life-cycle 
  2.23  costing, when appropriate, in determining the lowest overall 
  2.24  bid.  Any or all bids may be rejected.  When competitive bids 
  2.25  are required and all bids are rejected, new bids, if solicited, 
  2.26  must be called for as in the first instance, unless otherwise 
  2.27  provided by law. 
  2.28     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.29  162.02, subdivision 2, is amended to read: 
  2.30     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  2.31  be made and promulgated by the commissioner acting with the 
  2.32  advice of a committee which shall be selected by the several 
  2.33  county boards acting through the officers of the statewide 
  2.34  association of county commissioners.  The committee shall be 
  2.35  composed of nine members so selected that each member shall be 
  2.36  from a different state highway construction district.  Not more 
  3.1   than five of the nine members of the committee shall be county 
  3.2   commissioners.  The remaining members shall be county highway 
  3.3   engineers.  The committee expires as provided in section 15.059, 
  3.4   subdivision 5.  In the event that agreement cannot be reached on 
  3.5   any rule, the commissioner's determination shall be final.  The 
  3.6   rules shall be printed and copies thereof shall be forwarded to 
  3.7   the county engineers of the several counties.  
  3.8      (b) Notwithstanding section 15.059, subdivision 5, the 
  3.9   committee does not expire. 
  3.10     Sec. 4.  Minnesota Statutes 2002, section 162.021, 
  3.11  subdivision 5, is amended to read: 
  3.12     Subd. 5.  [DESIGNATION.] (a) The commissioner may designate 
  3.13  a county state-aid highway as a natural preservation route only 
  3.14  on petition of the county board of the county having 
  3.15  jurisdiction over the road.  Within 60 days after a county board 
  3.16  receives a written request to designate a county state-aid 
  3.17  highway as a natural preservation route, the county board shall 
  3.18  act on the request. 
  3.19     (b) The commissioner shall appoint an advisory committee 
  3.20  for each construction district consisting of seven members:  one 
  3.21  member of the Department of Natural Resources, one county 
  3.22  commissioner, one county highway engineer, one representative of 
  3.23  a recognized environmental organization, and three members of 
  3.24  the public.  The commissioner shall refer each petition received 
  3.25  under this subdivision to the appropriate advisory committee.  
  3.26  The advisory committee shall consider the petition for 
  3.27  designation and make a recommendation to the commissioner.  
  3.28  Following receipt of the committee's recommendation, the 
  3.29  commissioner may designate the highway as a natural preservation 
  3.30  route.  
  3.31     Sec. 5.  Minnesota Statutes 2002, section 162.07, 
  3.32  subdivision 5, is amended to read: 
  3.33     Subd. 5.  [SCREENING BOARD.] (a) On or before September 1 
  3.34  of each year the county engineer of each county shall forward to 
  3.35  the commissioner, on forms prepared by the commissioner, all 
  3.36  information relating to the mileage, in lane-miles, of the 
  4.1   county state-aid highway system in the county, and the money 
  4.2   needs of the county that the commissioner deems necessary in 
  4.3   order to apportion the county state-aid highway fund in 
  4.4   accordance with the formula heretofore set forth.  Upon receipt 
  4.5   of the information the commissioner shall appoint a board 
  4.6   consisting of the following county engineers: 
  4.7      (1) two county engineers from the metropolitan highway 
  4.8   construction district; 
  4.9      (2) one county engineer from each nonmetropolitan highway 
  4.10  district; and 
  4.11     (3) one additional county engineer from each county with a 
  4.12  population of 175,000 or more.  
  4.13  No county engineer shall be appointed under clause (1) or (2) so 
  4.14  as to serve consecutively for more than four years.  The board 
  4.15  shall investigate and review the information submitted by each 
  4.16  county and shall on or before the first day of November of each 
  4.17  year submit its findings and recommendations in writing as to 
  4.18  each county's lane-mileage and money needs to the commissioner 
  4.19  on a form prepared by the commissioner.  Final determination of 
  4.20  the lane-mileage of each system and the money needs of each 
  4.21  county shall be made by the commissioner.  
  4.22     (b) Notwithstanding section 15.059, subdivision 5, the 
  4.23  committee expires June 30, 2006. 
  4.24     Sec. 6.  Minnesota Statutes 2002, section 162.09, 
  4.25  subdivision 2, is amended to read: 
  4.26     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  4.27  be made and promulgated by the commissioner acting with the 
  4.28  advice of a committee which shall be selected by the governing 
  4.29  bodies of such cities, acting through the officers of the 
  4.30  statewide association of municipal officials.  The committee 
  4.31  shall be composed of 12 members, so selected that there shall be 
  4.32  one member from each state highway construction district and in 
  4.33  addition one member from each city of the first class.  Not more 
  4.34  than six members of the committee shall be elected officials of 
  4.35  the cities.  The remaining members of the committee shall be 
  4.36  city engineers.  The committee expires as provided in section 
  5.1   15.059, subdivision 5.  In the event that agreement cannot be 
  5.2   reached on any rule the commissioner's determination shall be 
  5.3   final.  The rules shall be printed and copies thereof shall be 
  5.4   forwarded to the clerks and engineers of the cities.  
  5.5      (b) Notwithstanding section 15.059, subdivision 5, the 
  5.6   committee does not expire. 
  5.7      Sec. 7.  Minnesota Statutes 2002, section 162.13, 
  5.8   subdivision 3, is amended to read: 
  5.9      Subd. 3.  [SCREENING COMMITTEE.] (a) On or before September 
  5.10  1 of each year, the engineer of each city having a population of 
  5.11  5,000 or more shall forward to the commissioner on forms 
  5.12  prepared by the commissioner, all information relating to the 
  5.13  money needs of the city that the commissioner deems necessary in 
  5.14  order to apportion the municipal state-aid street fund in 
  5.15  accordance with the apportionment formula heretofore set forth.  
  5.16  Upon receipt of the information the commissioner shall appoint a 
  5.17  board of city engineers.  The board shall be composed of one 
  5.18  engineer from each state highway construction district, and in 
  5.19  addition thereto, one engineer from each city of the first 
  5.20  class.  The board shall investigate and review the information 
  5.21  submitted by each city.  On or before November 1 of each year, 
  5.22  the board shall submit its findings and recommendations in 
  5.23  writing as to each city's money needs to the commissioner on a 
  5.24  form prepared by the commissioner.  Final determination of the 
  5.25  money needs of each city shall be made by the commissioner.  In 
  5.26  the event that any city shall fail to submit the information 
  5.27  provided for herein, the commissioner shall estimate the money 
  5.28  needs of the city.  The estimate shall be used in solving the 
  5.29  apportionment formula.  The commissioner may withhold payment of 
  5.30  the amount apportioned to the city until the information is 
  5.31  submitted.  
  5.32     (b) Notwithstanding section 15.059, subdivision 5, the 
  5.33  board does not expire. 
  5.34     Sec. 8.  Minnesota Statutes 2002, section 168.187, is 
  5.35  amended by adding a subdivision to read: 
  5.36     Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
  6.1   public safety shall refuse to issue a vehicle registration, 
  6.2   license plate, or permit to a vehicle licensed under this 
  6.3   section if the vehicle is assigned to a commercial motor carrier 
  6.4   who has been prohibited from operating in interstate commerce by 
  6.5   a federal agency with authority to do so under federal law. 
  6.6      The commissioner of public safety may revoke the 
  6.7   registration of a vehicle licensed under this section if the 
  6.8   vehicle is assigned to a commercial motor carrier who has been 
  6.9   prohibited from operating in interstate commerce by a federal 
  6.10  agency with authority to do so under federal law. 
  6.11     If the prohibition by the federal agency is rescinded, the 
  6.12  commissioner of public safety may reinstate a vehicle 
  6.13  registration under this section if registration taxes and fees 
  6.14  have been paid.  
  6.15     Sec. 9.  Minnesota Statutes 2002, section 168.27, 
  6.16  subdivision 24, is amended to read: 
  6.17     Subd. 24.  [BONDS.] (a) Except as otherwise provided in 
  6.18  this subdivision, all persons licensed according to this section 
  6.19  shall keep in full force and effect a bond with a corporate 
  6.20  surety to be approved by the registrar of motor vehicles in the 
  6.21  following amounts; in the case of boat trailer, snowmobile 
  6.22  trailer, horse trailer or motorized bicycle dealers, or dealers 
  6.23  in trailers with a manufacturer's rated carrying capacity under 
  6.24  15,000 pounds designed to transport small construction or farm 
  6.25  equipment, in the amount of $5,000; and as to all other persons 
  6.26  in the amount of $50,000.  The bond must be conditioned on the 
  6.27  faithful performance by the licensee of the obligations imposed 
  6.28  on persons engaged in motor vehicle transactions by the laws of 
  6.29  this state, including the conduct required of a licensee by this 
  6.30  section and other sections governing the sale or transfer of 
  6.31  motor vehicles, and the payment of all taxes, license fees, and 
  6.32  penalties.  The bond must be for the benefit of the state of 
  6.33  Minnesota and any transferor, seller, or purchaser of a motor 
  6.34  vehicle for any monetary loss caused by failure of the licensee 
  6.35  to meet the obligations enumerated above.  Proceedings on the 
  6.36  forfeiture of the bonds must be commenced in the district court 
  7.1   of the county wherein the business of the licensed person was 
  7.2   carried on, or if in more than one county, the county in which 
  7.3   the offense occurred.  This subdivision does not apply to a used 
  7.4   vehicle parts dealer or a scrap metal processor. 
  7.5      (b) This subdivision does not apply to: 
  7.6      (1) a dealer in new trailers designed to transport small 
  7.7   construction or farm equipment in any year following a year in 
  7.8   which the dealer had less than $500,000 in gross receipts from 
  7.9   the sale of such trailers; or 
  7.10     (2) a dealer in new trailers designed to transport small 
  7.11  construction or farm equipment who has been a dealer in such 
  7.12  trailers for less than one year and who the department 
  7.13  reasonably determines will have gross receipts of less than 
  7.14  $500,000 during the first year of business. 
  7.15     [EFFECTIVE DATE.] This section is effective the day 
  7.16  following final enactment. 
  7.17     Sec. 10.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
  7.18  PRODUCTS.] 
  7.19     A vehicle or combination of vehicles hauling raw or 
  7.20  unfinished forest products, including wood chips, by the most 
  7.21  direct route to the nearest highway that has been designated 
  7.22  under section 169.832, subdivision 11, may be operated on any 
  7.23  highway with gross weights permitted under sections 169.822 to 
  7.24  169.829 without regard to load restrictions imposed on that 
  7.25  highway, except that such vehicles must: 
  7.26     (1) comply with seasonal load restrictions in effect 
  7.27  between the dates set by the commissioner under section 169.87, 
  7.28  subdivision 2; 
  7.29     (2) comply with bridge load limits posted under section 
  7.30  169.84; 
  7.31     (3) be equipped and operated with six axles and brakes; 
  7.32     (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
  7.33  gross weight during the time when seasonal increases are 
  7.34  authorized under section 169.826; 
  7.35     (5) not be operated on interstate and defense highways; 
  7.36     (6) obtain an annual permit from the commissioner of 
  8.1   transportation; and 
  8.2      (7) obey all road postings. 
  8.3      Sec. 11.  Minnesota Statutes 2002, section 169.832, is 
  8.4   amended by adding a subdivision to read: 
  8.5      Subd. 11a.  [WEIGHT-LIMITATION ROUTE DESIGNATION BY LOCAL 
  8.6   GOVERNMENT.] Notwithstanding subdivision 11, the governing body 
  8.7   of a county, statutory or home rule charter city, or town may 
  8.8   designate any street or highway under its jurisdiction that has 
  8.9   been designed and built to carry such weights to carry weight 
  8.10  permitted under sections 169.822 to 169.829.  Designations by 
  8.11  the governing body of a county, statutory or home rule charter 
  8.12  city, or town under this subdivision are not subject to the 
  8.13  approval of the commissioner. 
  8.14     Sec. 12.  Minnesota Statutes 2003 Supplement, section 
  8.15  169.86, subdivision 5, is amended to read: 
  8.16     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
  8.17  commissioner, with respect to highways under the commissioner's 
  8.18  jurisdiction, may charge a fee for each permit issued.  All such 
  8.19  fees for permits issued by the commissioner of transportation 
  8.20  shall be deposited in the state treasury and credited to the 
  8.21  trunk highway fund.  Except for those annual permits for which 
  8.22  the permit fees are specified elsewhere in this chapter, the 
  8.23  fees shall be: 
  8.24     (a) $15 for each single trip permit. 
  8.25     (b) $36 for each job permit.  A job permit may be issued 
  8.26  for like loads carried on a specific route for a period not to 
  8.27  exceed two months.  "Like loads" means loads of the same 
  8.28  product, weight, and dimension. 
  8.29     (c) $60 for an annual permit to be issued for a period not 
  8.30  to exceed 12 consecutive months.  Annual permits may be issued 
  8.31  for: 
  8.32     (1) motor vehicles used to alleviate a temporary crisis 
  8.33  adversely affecting the safety or well-being of the public; 
  8.34     (2) motor vehicles which travel on interstate highways and 
  8.35  carry loads authorized under subdivision 1a; 
  8.36     (3) motor vehicles operating with gross weights authorized 
  9.1   under section 169.826, subdivision 1a; 
  9.2      (4) special pulpwood vehicles described in section 169.863; 
  9.3      (5) motor vehicles bearing snowplow blades not exceeding 
  9.4   ten feet in width; and 
  9.5      (6) noncommercial transportation of a boat by the owner or 
  9.6   user of the boat. 
  9.7      (d) $120 for an oversize annual permit to be issued for a 
  9.8   period not to exceed 12 consecutive months.  Annual permits may 
  9.9   be issued for:  
  9.10     (1) mobile cranes; 
  9.11     (2) construction equipment, machinery, and supplies; 
  9.12     (3) manufactured homes; 
  9.13     (4) implements of husbandry when the movement is not made 
  9.14  according to the provisions of paragraph (i); 
  9.15     (5) double-deck buses; 
  9.16     (6) commercial boat hauling.  
  9.17     (e) For vehicles which have axle weights exceeding the 
  9.18  weight limitations of sections 169.822 to 169.829, an additional 
  9.19  cost added to the fees listed above.  However, this paragraph 
  9.20  applies to any vehicle described in section 168.013, subdivision 
  9.21  3, paragraph (b), but only when the vehicle exceeds its gross 
  9.22  weight allowance set forth in that paragraph, and then the 
  9.23  additional cost is for all weight, including the allowance 
  9.24  weight, in excess of the permitted maximum axle weight.  The 
  9.25  additional cost is equal to the product of the distance traveled 
  9.26  times the sum of the overweight axle group cost factors shown in 
  9.27  the following chart:  
  9.28                 Overweight Axle Group Cost Factors 
  9.29  Weight (pounds)         Cost Per Mile For Each Group Of:
  9.30  exceeding       Two consec-     Three consec-   Four consec-
  9.31  weight          utive axles     utive axles     utive axles
  9.32  limitations     spaced within   spaced within   spaced within
  9.33  on axles        8 feet or less  9 feet or less  14 feet or less 
  9.34       0-2,000    .12             .05             .04
  9.35   2,001-4,000    .14             .06             .05
  9.36   4,001-6,000    .18             .07             .06
 10.1    6,001-8,000    .21             .09             .07
 10.2    8,001-10,000   .26             .10             .08
 10.3   10,001-12,000   .30             .12             .09
 10.4   12,001-14,000   Not permitted   .14             .11
 10.5   14,001-16,000   Not permitted   .17             .12
 10.6   16,001-18,000   Not permitted   .19             .15
 10.7   18,001-20,000   Not permitted   Not permitted   .16
 10.8   20,001-22,000   Not permitted   Not permitted   .20
 10.9   The amounts added are rounded to the nearest cent for each axle 
 10.10  or axle group.  The additional cost does not apply to paragraph 
 10.11  (c), clauses (1) and (3).  
 10.12  For a vehicle found to exceed the appropriate maximum permitted 
 10.13  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 10.14  a ton, over the permitted maximum weight is imposed in addition 
 10.15  to the normal permit fee.  Miles must be calculated based on the 
 10.16  distance already traveled in the state plus the distance from 
 10.17  the point of detection to a transportation loading site or 
 10.18  unloading site within the state or to the point of exit from the 
 10.19  state. 
 10.20     (f) As an alternative to paragraph (e), an annual permit 
 10.21  may be issued for overweight, or oversize and overweight, 
 10.22  construction equipment, machinery, and supplies.  The fees for 
 10.23  the permit are as follows:  
 10.24  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 10.25       90,000 or less                             $200
 10.26       90,001 - 100,000                           $300
 10.27      100,001 - 110,000                           $400
 10.28      110,001 - 120,000                           $500
 10.29      120,001 - 130,000                           $600
 10.30      130,001 - 140,000                           $700
 10.31      140,001 - 145,000                           $800
 10.32  If the gross weight of the vehicle is more than 145,000 pounds 
 10.33  the permit fee is determined under paragraph (e). 
 10.34     (g) For vehicles which exceed the width limitations set 
 10.35  forth in section 169.80 by more than 72 inches, an additional 
 10.36  cost equal to $120 added to the amount in paragraph (a) when the 
 11.1   permit is issued while seasonal load restrictions pursuant to 
 11.2   section 169.87 are in effect. 
 11.3      (h) $85 for an annual permit to be issued for a period not 
 11.4   to exceed 12 months, for refuse-compactor vehicles that carry a 
 11.5   gross weight of not more than:  22,000 pounds on a single rear 
 11.6   axle; 38,000 pounds on a tandem rear axle; or, subject to 
 11.7   section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 11.8   axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 11.9   axle must limit the gross vehicle weight to not more than 62,000 
 11.10  pounds. 
 11.11     (i) For vehicles exclusively transporting implements of 
 11.12  husbandry, an annual permit fee of $24.  A vehicle operated 
 11.13  under a permit authorized by this paragraph may be moved at the 
 11.14  discretion of the permit holder without prior route approval by 
 11.15  the commissioner if: 
 11.16     (1) the total width of the transporting vehicle, including 
 11.17  load, does not exceed 14 feet; 
 11.18     (2) the vehicle is operated only between sunrise and 30 
 11.19  minutes after sunset, and is not operated at any time after 
 11.20  12:00 noon on Sundays or holidays; 
 11.21     (3) the vehicle is not operated when visibility is impaired 
 11.22  by weather, fog, or other conditions that render persons and 
 11.23  other vehicles not clearly visible at 500 feet; 
 11.24     (4) the vehicle displays at the front and rear of the load 
 11.25  or vehicle a pair of flashing amber lights, as provided in 
 11.26  section 169.59, subdivision 4, whenever the overall width of the 
 11.27  vehicle exceeds 126 inches; and 
 11.28     (5) the vehicle is not operated on a trunk highway with a 
 11.29  surfaced roadway width of less than 24 feet unless such 
 11.30  operation is authorized by the permit. 
 11.31  A permit under this paragraph authorizes movements of the 
 11.32  permitted vehicle on an interstate highway, and movements of 75 
 11.33  miles or more on other highways. 
 11.34     (j) $300 for a motor vehicle described in section 
 11.35  169.8261.  The fee under this paragraph must be deposited as 
 11.36  follows: 
 12.1      (1) in fiscal years 2005 through 2010: 
 12.2      (i) the first $50,000 in each fiscal year must be deposited 
 12.3   in the trunk highway fund for costs related to administering the 
 12.4   permit program and inspecting and posting bridges; 
 12.5      (ii) all remaining money in each fiscal year must be 
 12.6   deposited in a bridge inspection and signing account in the 
 12.7   special revenue fund.  Money in the account is appropriated to 
 12.8   the commissioner for: 
 12.9      (A) inspection of local bridges and identification of local 
 12.10  bridges to be posted, including contracting with a consultant 
 12.11  for some or all of these functions; and 
 12.12     (B) erection of weight posting signs on local bridges; and 
 12.13     (2) in fiscal year 2011 and subsequent years must be 
 12.14  deposited in the trunk highway fund. 
 12.15     Sec. 13.  Minnesota Statutes 2003 Supplement, section 
 12.16  171.20, subdivision 4, is amended to read: 
 12.17     Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 12.18  reinstated, (1) a person whose driver's license has been 
 12.19  suspended under section 171.16, subdivision 2; 171.18, except 
 12.20  subdivision 1, clause (10); or 171.182, or who has been 
 12.21  disqualified from holding a commercial driver's license under 
 12.22  section 171.165, and (2) a person whose driver's license has 
 12.23  been suspended under section 171.186 and who is not exempt from 
 12.24  such a fee, must pay a fee of $20.  
 12.25     (b) Before the license is reinstated, a person whose 
 12.26  license has been suspended or revoked under sections 169.791 to 
 12.27  169.798 must pay a $20 reinstatement fee. 
 12.28     (c) When fees are collected by a licensing agent appointed 
 12.29  under section 171.061, a handling charge is imposed in the 
 12.30  amount specified under section 171.061, subdivision 4.  The 
 12.31  reinstatement fee and surcharge must be deposited in an approved 
 12.32  state depository as directed under section 171.061, subdivision 
 12.33  4.  
 12.34     (d) A suspension may be rescinded without fee for good 
 12.35  cause. 
 12.36     Sec. 14.  [171.324] [HAZARDOUS MATERIALS LICENSE 
 13.1   ENDORSEMENT BACKGROUND CHECKS.] 
 13.2      Subdivision 1.  [ENDORSEMENT; FEE; ACCOUNT; 
 13.3   APPROPRIATION.] (a) Before being issued or renewing a class C, 
 13.4   class B, or class A driver's license with a hazardous materials 
 13.5   endorsement, an applicant must comply with the federal 
 13.6   regulations incorporated in this section. 
 13.7      (b) The commissioner may charge the applicant a fee of up 
 13.8   to $100 to cover the department's actual costs of conducting the 
 13.9   required background check of persons applying for a Minnesota 
 13.10  driver's license with a hazardous materials endorsement.  The 
 13.11  proceeds of the fee must be deposited in an account in the 
 13.12  special revenue fund.  Money in the account is annually 
 13.13  appropriated to the commissioner to pay the actual costs 
 13.14  associated with conducting the required background checks. 
 13.15     Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
 13.16  107-56, section 1012, as implemented in Code of Federal 
 13.17  Regulations, title 49, part 1572, is incorporated by reference 
 13.18  except for sections 1572.9 and 1572.11. 
 13.19     Subd. 3.  [RULES.] The commissioner may adopt rules 
 13.20  pursuant to section 14.388, subdivision 1, clause (1), in order 
 13.21  to implement this section. 
 13.22     [EFFECTIVE DATE.] This section is effective the day 
 13.23  following final enactment.  
 13.24     Sec. 15.  Minnesota Statutes 2002, section 174.52, 
 13.25  subdivision 3, is amended to read: 
 13.26     Subd. 3.  [ADVISORY COMMITTEE.] (a) The commissioner shall 
 13.27  establish an advisory committee consisting of five members, 
 13.28  including: 
 13.29     (1) one county commissioner; 
 13.30     (2) one county engineer; 
 13.31     (3) one city engineer; 
 13.32     (4) one city council member or city administrator 
 13.33  representing a city with a population over 5,000; and 
 13.34     (5) one city council member or city administrator 
 13.35  representing a city with a population under 5,000.  The advisory 
 13.36  committee shall provide recommendations to the commissioner 
 14.1   regarding expenditures from the trunk highway corridor projects 
 14.2   account. 
 14.3      (b) Notwithstanding section 15.059, subdivision 5, the 
 14.4   committee does not expire. 
 14.5      Sec. 16.  Minnesota Statutes 2002, section 609.531, 
 14.6   subdivision 1, is amended to read: 
 14.7      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 14.8   609.531 to 609.5318, the following terms have the meanings given 
 14.9   them.  
 14.10     (a) "Conveyance device" means a device used for 
 14.11  transportation and includes, but is not limited to, a motor 
 14.12  vehicle, trailer, snowmobile, airplane, and vessel and any 
 14.13  equipment attached to it.  The term "conveyance device" does not 
 14.14  include property which is, in fact, itself stolen or taken in 
 14.15  violation of the law.  
 14.16     (b) "Weapon used" means a dangerous weapon as defined under 
 14.17  section 609.02, subdivision 6, that the actor used or had in 
 14.18  possession in furtherance of a crime.  
 14.19     (c) "Property" means property as defined in section 609.52, 
 14.20  subdivision 1, clause (1).  
 14.21     (d) "Contraband" means property which is illegal to possess 
 14.22  under Minnesota law.  
 14.23     (e) "Appropriate agency" means the Bureau of Criminal 
 14.24  Apprehension, the Minnesota Division of Driver and Vehicle 
 14.25  Services, the Minnesota State Patrol, a county sheriff's 
 14.26  department, the Suburban Hennepin Regional Park District park 
 14.27  rangers, the Department of Natural Resources Division of 
 14.28  Enforcement, the University of Minnesota Police Department, or a 
 14.29  city or airport police department.  
 14.30     (f) "Designated offense" includes:  
 14.31     (1) for weapons used:  any violation of this chapter, 
 14.32  chapter 152, or chapter 624; 
 14.33     (2) for driver's license or identification card 
 14.34  transactions:  any violation of section 171.22; and 
 14.35     (3) for all other purposes:  a felony violation of, or a 
 14.36  felony-level attempt or conspiracy to violate, section 325E.17; 
 15.1   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 15.2   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 15.3   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 15.4   1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 15.5   (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 15.6   and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 15.7   609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 15.8   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 15.9   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 15.10  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 15.11  609.895; 617.246; or a gross misdemeanor or felony violation of 
 15.12  section 609.891 or 624.7181; or any violation of section 609.324.
 15.13     (g) "Controlled substance" has the meaning given in section 
 15.14  152.01, subdivision 4.  
 15.15     Sec. 17.  [REPEALER.] 
 15.16     Minnesota Statutes 2002, section 174.55, as amended by Laws 
 15.17  2003, First Special Session chapter 19, article 2, section 45, 
 15.18  is repealed. 
 15.19     Sec. 18.  [EFFECTIVE DATE.] 
 15.20     Sections 3, 5, 6, 7, 15, and 17, are effective 
 15.21  retroactively from July 1, 2003. 
 15.22                             ARTICLE 2
 15.23                     HIGHWAY SAFETY REST AREAS 
 15.24     Section 1.  Minnesota Statutes 2002, section 160.08, 
 15.25  subdivision 7, is amended to read: 
 15.26     Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
 15.27  RIGHT-OF-WAY.] No commercial establishment, including but not 
 15.28  limited to automotive service stations, for serving motor 
 15.29  vehicle users shall be constructed or located within the 
 15.30  right-of-way of, or on publicly owned or publicly leased land 
 15.31  acquired or used for or in connection with, a controlled access 
 15.32  highway; except that (1) structures may be built within safety 
 15.33  rest and tourist travel information center areas; (2) space 
 15.34  within state-owned buildings in those areas may be leased for 
 15.35  the purpose of providing information to travelers 
 15.36  through commercial and public service advertising under 
 16.1   franchise agreements as provided in sections section 160.276 to 
 16.2   160.278; (3) advertising signs may be erected within the 
 16.3   right-of-way of interstate or controlled-access trunk highways 
 16.4   by franchise agreements under section 160.80; and (4) vending 
 16.5   machines may be placed in rest areas, tourist travel information 
 16.6   centers, or weigh stations constructed or located within trunk 
 16.7   highway rights-of-way; and (5) acknowledgment signs may be 
 16.8   erected under sections 160.272 and 160.2735.  
 16.9      Sec. 2.  [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 
 16.10  CENTER LEASES.] 
 16.11     Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
 16.12  in subdivision 3, and notwithstanding any other law to the 
 16.13  contrary, the commissioner may enter into lease agreements 
 16.14  through negotiations with public or not-for-profit entities or 
 16.15  through best value, as defined in section 16C.02, subdivision 4, 
 16.16  with private entities relating to the use of safety rest areas 
 16.17  and travel information centers. 
 16.18     For purposes of this section, "private entity" means a 
 16.19  chamber of commerce, a tourist and visitors bureau, or other 
 16.20  organization that exists to promote tourism and economic 
 16.21  development. 
 16.22     (b) A lease under this subdivision may: 
 16.23     (1) with the approval of the commissioner of 
 16.24  administration, prescribe a lease term length of up to 20 years, 
 16.25  with options for renewal; 
 16.26     (2) allow the lessee to operate a safety rest area facility 
 16.27  in whole or in part; 
 16.28     (3) allow the lessee to offer for sale products or services 
 16.29  under section 160.2725; and 
 16.30     (4) allow the lessee to add leasehold improvements to the 
 16.31  site after approval by the commissioner. 
 16.32     (c) A lease agreement for a safety rest area is subject to 
 16.33  section 160.28, subdivision 2, regarding vending at safety rest 
 16.34  areas. 
 16.35     (d) A lease agreement must include terms that promote and 
 16.36  encourage the employment of needy elderly persons according to 
 17.1   section 160.282. 
 17.2      (e) The commissioner may publicly acknowledge the lessee 
 17.3   and may erect signs adjacent to the main travel lanes of a 
 17.4   highway acknowledging the lessee.  Acknowledgement on the 
 17.5   mainline may consist of placement of up to one sign for each 
 17.6   direction of traffic served.  The placement of signs shall only 
 17.7   be allowed (1) as approved through the Manual on Uniform Traffic 
 17.8   Control Devices process for experimentation, (2) in accordance 
 17.9   with federal standards and policies, and (3) so that no sign 
 17.10  exceeds 100 square feet.  No more than three acknowledgment 
 17.11  signs or displays may be placed at any one rest area, in 
 17.12  addition to the mainline signs. 
 17.13     Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
 17.14  deposit revenues from leases authorized under this section into 
 17.15  the safety rest area account established in section 160.2745. 
 17.16     Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
 17.17  section affects existing contracts under section 248.07 or their 
 17.18  renewal. 
 17.19     Sec. 3.  [160.2725] [SALES AT SAFETY REST AREAS.] 
 17.20     Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
 17.21  160.08, the commissioner may sell travel and tourism-related 
 17.22  publications and maps and travel and tourism-related merchandise 
 17.23  and services.  The commissioner may rent or sell items for the 
 17.24  convenience of persons using safety rest areas, including local 
 17.25  attraction tickets, and permits and licenses issued by units of 
 17.26  government.  Notwithstanding section 16A.1285, the commissioner 
 17.27  of transportation may collect a service fee for the sale of 
 17.28  lottery tickets, local attraction tickets, and permits and 
 17.29  licenses. 
 17.30     Merchandise that competes with vending machine sales 
 17.31  authorized under section 160.28, subdivision 2, is subject to 
 17.32  the provisions of subdivision 5.  Food and beverage sales are 
 17.33  limited to those items that are sold from vending machines. 
 17.34     Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
 17.35  availability of a program or item offered under this section. 
 17.36     Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
 18.1   or 160.08, the commissioner may sell or license intellectual 
 18.2   property and software products or services developed by a 
 18.3   government unit or custom-developed by a vendor for a government 
 18.4   unit. 
 18.5      Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
 18.6   commissioner under this section must be deposited in the safety 
 18.7   rest area account established in section 160.2745. 
 18.8      Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
 18.9   designated state licensing agency authorized under United States 
 18.10  Code, title 20, sections 107 to 107e, shall enter into an 
 18.11  interagency agreement before rest areas are leased or before 
 18.12  nonvending machine sales occur at rest areas.  The interagency 
 18.13  agreement must identify what constitutes competing merchandise 
 18.14  and establish policies and procedures related to the sale of 
 18.15  competing merchandise at rest areas. 
 18.16     Sec. 4.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
 18.17     Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
 18.18  enter into agreements for public or private sponsorship of 
 18.19  highway safety rest areas by transportation and tourism-related 
 18.20  entities.  The commissioner may publicly acknowledge sponsors 
 18.21  and may erect signs adjacent to the main travel lanes of a 
 18.22  highway acknowledging the sponsors.  Acknowledgement on the 
 18.23  mainline may consist of placement of up to one sign for each 
 18.24  direction of traffic served.  The placement of signs shall only 
 18.25  be allowed (1) as approved through the Manual on Uniform Traffic 
 18.26  Control Devices process for experimentation, (2) in accordance 
 18.27  with federal standards and policies, and (3) so that no sign 
 18.28  exceeds 100 square feet.  No more than three acknowledgment 
 18.29  signs or displays may be placed at any one rest area, in 
 18.30  addition to the mainline signs. 
 18.31     Subd. 2.  [REVENUE.] The commissioner shall deposit revenue 
 18.32  from the sponsorship program to the safety rest area account 
 18.33  established in section 160.2745. 
 18.34     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 18.35  action under this section that would result in the loss of 
 18.36  federal highway funds or require the payment of highway funds to 
 19.1   the federal government. 
 19.2      Sec. 5.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
 19.3      Subdivision 1.  [RECONVEYANCE OF LAND.] The commissioner 
 19.4   may reconvey land no longer needed for safety rest area 
 19.5   purposes, subject to section 161.44. 
 19.6      Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
 19.7   from the sale of real estate and buildings under this section 
 19.8   must be paid into the safety rest area account established in 
 19.9   section 160.2745 and are appropriated to the commissioner (1) 
 19.10  for the actual cost of selling the real estate or buildings, (2) 
 19.11  for the fees required to be paid under sections 161.23 and 
 19.12  161.44, and (3) as provided in section 160.2745. 
 19.13     Subd. 3.  [PROHIBITION.] The commissioner shall take no 
 19.14  action under this section that would result in the loss of 
 19.15  federal highway funds or require the payment of highway funds to 
 19.16  the federal government. 
 19.17     Sec. 6.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
 19.18     Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
 19.19  account is established in the trunk highway fund.  Funds in the 
 19.20  account are available until expended. 
 19.21     Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
 19.22  safety rest area account revenue received from leasing or 
 19.23  sponsoring safety rest areas, advertising at safety rest areas, 
 19.24  selling safety rest area property and lands, and other revenue 
 19.25  generated with respect to safety rest areas. 
 19.26     Subd. 3.  [EXPENDITURES.] Money in the account is 
 19.27  appropriated to the commissioner.  The commissioner may spend 
 19.28  proceeds of the account for safety rest areas, including program 
 19.29  administration, maintenance and operations, development and 
 19.30  improvements, and services to customers.  
 19.31     Sec. 7.  Minnesota Statutes 2002, section 160.276, is 
 19.32  amended to read: 
 19.33     160.276 [TRAVEL INFORMATION FRANCHISE ADVERTISING PROGRAM.] 
 19.34     Subdivision 1.  [ESTABLISHED LEASING ADVERTISING SPACE.] 
 19.35  The commissioner of transportation shall establish a franchise 
 19.36  program to may lease advertising space within tourist travel 
 20.1   information centers and safety rest areas for the purpose of 
 20.2   providing information to travelers through travel-related 
 20.3   commercial and public service advertising.  
 20.4      Subd. 2.  [INITIAL PHASE.] The program may, in its initial 
 20.5   phase, utilize space within existing publicly owned buildings 
 20.6   and shelters in safety rest areas and tourist information 
 20.7   centers.  This phase shall be operational by May 1, 1981.  
 20.8   Franchises for this phase shall be ready to let by January 1, 
 20.9   1981.  
 20.10     Subd. 3.  [INFORMATION FACILITIES.] The program 
 20.11  commissioner may also include franchises for the construction, 
 20.12  operation and maintenance of contract to permit a vendor to 
 20.13  construct, operate, and maintain additional information 
 20.14  structures by and at the expense of the franchisee vendor on 
 20.15  state-owned lands within safety rest areas or tourist travel 
 20.16  information center areas.  All structures constructed by 
 20.17  the franchisee shall vendor must meet or exceed specifications 
 20.18  prescribed by the commissioner of transportation and shall must 
 20.19  satisfy the requirements of the State Building Code for 
 20.20  accessibility by the physically handicapped.  The vendor shall 
 20.21  design all structures shall be designed to enhance their the 
 20.22  site and shall be aesthetically compatible surroundings in a 
 20.23  manner harmonious with the natural environment as determined by 
 20.24  the commissioner.  
 20.25     Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
 20.26  determine the sites to be included in this program and shall 
 20.27  also determine if the advertising display at each site is to be 
 20.28  inside or outside of any buildings or shelters the extent and 
 20.29  location of space available for advertising in each facility.  
 20.30     Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
 20.31  provide space free of charge to the Office of Tourism for travel 
 20.32  information centers.  The commissioner shall not charge the 
 20.33  Office of Tourism for any regular expenses associated with the 
 20.34  operation of the travel information centers.  The commissioner 
 20.35  shall provide highway maps free of charge for use and 
 20.36  distribution through the travel information centers.  
 21.1      Sec. 8.  Minnesota Statutes 2002, section 160.277, is 
 21.2   amended to read: 
 21.3      160.277 [COMMISSIONER TO GRANT FRANCHISES MAKE AGREEMENTS.] 
 21.4      Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
 21.5   transportation, by public negotiation or bid, shall grant 
 21.6   franchises enter into agreements for the purposes of section 
 21.7   160.276.  Each franchise agreement shall include the safety rest 
 21.8   areas and tourist information centers in a geographical area 
 21.9   comprising approximately one-quarter of the land area of the 
 21.10  state.  The franchise agreement shall insure that the franchisee 
 21.11  provide services throughout the area in as many tourist 
 21.12  information centers and safety rest areas as are reasonably 
 21.13  necessary for the convenience of travelers.  
 21.14     Subd. 2.  [INSURANCE.] The commissioner of transportation 
 21.15  shall require the franchisee vendor to obtain liability 
 21.16  insurance in an amount prescribed by the commissioner jointly 
 21.17  insuring the state and the franchisee vendor against any and all 
 21.18  liability for claims for damage occurring wholly or partly 
 21.19  because of the existence of the franchise vendor contract.  
 21.20     Subd. 3.  [REVENUE.] The franchise agreement may provide 
 21.21  that the vendor pay a percentage portion of the gross revenues 
 21.22  derived from advertising shall.  These revenues must be paid to 
 21.23  the state for deposit in the trunk highway fund safety rest area 
 21.24  account established in section 160.2745.  The commissioner of 
 21.25  transportation and director of the Office of Tourism may enter 
 21.26  into an interagency agreement to define the distribution of the 
 21.27  revenues generated in this section. 
 21.28     Sec. 9.  Minnesota Statutes 2002, section 160.278, is 
 21.29  amended to read: 
 21.30     160.278 [ADDITIONAL FRANCHISE VENDOR PROVISIONS.] 
 21.31     Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each franchise 
 21.32  vendor agreement shall must contain the following provisions:  
 21.33     (a) (1) that the franchisee vendor shall comply with Code 
 21.34  of Federal Regulations, title 23, section 252 752 and subsequent 
 21.35  revisions pertaining to privately operated information systems; 
 21.36     (b) (2) that at least 40 percent of the commercial 
 22.1   advertising space shall must be offered initially for a 
 22.2   reasonable period of time to local advertisers who provide 
 22.3   services for travelers within a 60-mile radius of the safety 
 22.4   rest area or tourist travel information center; 
 22.5      (c) (3) that the franchisees vendor shall make appropriate 
 22.6   marketing efforts in an attempt to lease at least 40 percent of 
 22.7   the commercial advertising space to local advertisers; and 
 22.8      (d) (4) reasonable performance standards, and maintenance 
 22.9   standards for structures constructed by the franchisee. vendor; 
 22.10  and 
 22.11     Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise 
 22.12  agreement shall impose (5) limitations on advertising space 
 22.13  within state-owned buildings or on state-owned property in 
 22.14  safety rest areas and tourist travel information centers.  
 22.15     Subd. 3. 2.  [REASONABLE TERMS AND CONDITIONS.] The 
 22.16  commissioner of transportation may require additional reasonable 
 22.17  terms and conditions to be included in the franchise vendor 
 22.18  agreement, including but not limited to, provisions governing 
 22.19  the renewal and termination of the agreement, and, in the event 
 22.20  of termination, the rights of the state and the franchisee 
 22.21  vendor in advertising contracts and in buildings constructed by 
 22.22  the franchisee vendor. 
 22.23     Sec. 10.  Minnesota Statutes 2002, section 160.28, is 
 22.24  amended to read: 
 22.25     160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
 22.26     Subdivision 1.  [SAFETY REST AREAS; TOURIST TRAVEL 
 22.27  INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
 22.28  contrary notwithstanding, the commissioner of transportation is 
 22.29  hereby authorized to cause to be prepared may have plans and, 
 22.30  specifications, and detailed designs prepared for the 
 22.31  construction of buildings and facilities for highway safety rest 
 22.32  areas, tourist travel information centers in combination with 
 22.33  rest areas, and weigh stations when the commissioner deems these 
 22.34  buildings and facilities to be necessary in the interest of 
 22.35  safety and convenient public travel on highways. 
 22.36     Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
 23.1   notwithstanding, the commissioner may contract for or authorize 
 23.2   the placement of vending machines dispensing food, nonalcoholic 
 23.3   beverages, or milk, or other items the commissioner deems 
 23.4   appropriate and desirable in highway safety rest areas, tourist 
 23.5   travel information centers, and weigh stations on marked 
 23.6   interstate highways and primary trunk highways.  The 
 23.7   commissioner shall only place vending machines operated under 
 23.8   United States Code, title 20, sections 107 to 107e and as 
 23.9   provided in section 248.07. 
 23.10     Sec. 11.  Minnesota Statutes 2002, section 161.23, 
 23.11  subdivision 3, is amended to read: 
 23.12     Subd. 3.  [LEASING.] The commissioner may lease for the 
 23.13  term between the acquisition and sale thereof and for a fair 
 23.14  rental rate and upon such terms and conditions as the 
 23.15  commissioner deems proper, any excess real estate acquired under 
 23.16  this section, and any real estate acquired in fee for trunk 
 23.17  highway purposes and not presently needed for those purposes.  
 23.18  All rents received from the leases must be paid into the state 
 23.19  treasury.  Seventy percent of the rents must be credited to the 
 23.20  trunk highway fund.  The remaining 30 percent must be paid to 
 23.21  the county treasurer where the real estate is located, and 
 23.22  distributed in the same manner as real estate taxes.  This 
 23.23  subdivision does not apply to real estate leased for the purpose 
 23.24  of providing commercial and public service advertising pursuant 
 23.25  to franchise agreements as provided in sections 160.276 160.272 
 23.26  to 160.278 or to fees collected under section 174.70, 
 23.27  subdivision 2. 
 23.28     Sec. 12.  Minnesota Statutes 2002, section 161.433, 
 23.29  subdivision 2, is amended to read: 
 23.30     Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
 23.31  for the use of airspace or subsurface areas shall be determined 
 23.32  by the commissioner, but in no event shall it be less than a 
 23.33  fair rental rate, and shall include costs for the erection and 
 23.34  maintenance of any facilities or other costs occasioned by that 
 23.35  use.  All moneys received shall be paid into the trunk highway 
 23.36  fund.  This subdivision does not apply to real estate leased for 
 24.1   the purpose of providing commercial and public service 
 24.2   advertising pursuant to franchise agreements as provided in 
 24.3   sections 160.276 160.272 to 160.278.  
 24.4      Sec. 13.  Minnesota Statutes 2002, section 161.434, is 
 24.5   amended to read: 
 24.6      161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
 24.7   LIMITED USE.] 
 24.8      The commissioner may also make such arrangements and 
 24.9   agreements as the commissioner deems necessary in the public 
 24.10  interest for the limited use of land owned as interstate or 
 24.11  trunk highway right-of-way, which use shall be for highway 
 24.12  purposes, including aesthetic purposes, but not including the 
 24.13  erection of permanent buildings, except buildings or structures 
 24.14  erected for the purpose of providing information to travelers 
 24.15  through commercial and public service advertising pursuant to 
 24.16  franchise agreements as provided in sections 160.276 160.272 to 
 24.17  160.278.  The commissioner shall secure the approval of the 
 24.18  appropriate federal agency where such approval is required. 
 24.19     Sec. 14.  [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 
 24.20  AREAS.] 
 24.21     Until July 1, 2005, the commissioner of transportation may 
 24.22  not close any trunk highway or interstate highway safety rest 
 24.23  area that was open on January 1, 2004, or substantially reduce 
 24.24  the hours of operation of such a rest area below the hours of 
 24.25  operation in effect on January 1, 2004. 
 24.26     [EFFECTIVE DATE.] This section is effective the day 
 24.27  following final enactment.  
 24.28     Sec. 15.  [INSTRUCTION TO REVISOR.] 
 24.29     The revisor of statutes shall renumber each section or 
 24.30  subdivision of Minnesota Statutes listed in column A with the 
 24.31  number listed in column B.  The revisor shall also make 
 24.32  necessary cross-reference changes consistent with the 
 24.33  renumbering. 
 24.34             Column A                     Column B
 24.35             160.27, subdivision 5        160.2715
 24.36             160.277, subdivision 1       160.276, subdivision 2a
 25.1              160.277, subdivision 2       160.276, subdivision 3a
 25.2              160.277, subdivision 3       160.276, subdivision 8
 25.3              160.278, subdivision 1       160.276, subdivision 6
 25.4              160.278, subdivision 3       160.276, subdivision 7
 25.5              160.28, subdivision 2        160.273