HF 3141

1st Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  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             requiring commissioner of transportation to evaluate 
  1.9             principal arterial alignments surrounding the 
  1.10            metropolitan area as part of evaluation of second 
  1.11            beltway; requiring future use of highway centerline 
  1.12            rumble strips; providing for premium paratransit 
  1.13            project; regulating toll facilities; modifying vehicle 
  1.14            weight regulations; modifying interstate vehicle 
  1.15            registration provisions; modifying vehicle certificate 
  1.16            of title provisions pertaining to dealers and 
  1.17            authorizing a fee for deputy registrars; regulating 
  1.18            speed limits and driver's records; regulating day 
  1.19            activity center buses; modifying gross vehicle weight 
  1.20            provisions; extending duration of driver instruction 
  1.21            permits to two years; modifying requirements for 
  1.22            commercial vehicle drivers; modifying driver's license 
  1.23            fee provisions; requiring plan for county ten-ton 
  1.24            highway system; modifying provisions relating to 
  1.25            public safety radio communications operators; 
  1.26            regulating use of traffic citations; requiring 
  1.27            preparation of 20-year state aviation plan; including 
  1.28            the Division of Driver and Vehicle Services in the 
  1.29            definition of appropriate agency for purposes of 
  1.30            certain property forfeitures; authorizing rulemaking; 
  1.31            requiring a report; appropriating money; amending 
  1.32            Minnesota Statutes 2002, sections 160.85, subdivisions 
  1.33            1, 3a; 160.86; 160.87, by adding a subdivision; 
  1.34            168.187, by adding a subdivision; 168A.11, 
  1.35            subdivisions 1, 2; 169.14, by adding a subdivision; 
  1.36            169.448, by adding a subdivision; 169.824, subdivision 
  1.37            2; 169.99, subdivision 1b; 171.05, subdivisions 1, 2; 
  1.38            171.12, subdivision 6; 171.165, subdivisions 1, 4, by 
  1.39            adding a subdivision; 179A.03, subdivision 7; 179A.10, 
  1.40            subdivision 2; 299D.08; 360.015, by adding a 
  1.41            subdivision; 609.531, subdivision 1; Minnesota 
  1.42            Statutes 2003 Supplement, sections 168.013, 
  1.43            subdivision 3; 169.86, subdivision 5; 171.20, 
  1.44            subdivision 4; 297B.09, subdivision 1; proposing 
  1.45            coding for new law in Minnesota Statutes, chapters 
  1.46            160; 169; 171; 174. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2                              ARTICLE 1
  2.3                        TRANSPORTATION FINANCE
  2.4   Section 1.  [TRANSPORTATION APPROPRIATIONS.] 
  2.5      The dollar amounts in the columns under "APPROPRIATION 
  2.6   CHANGES" are subtracted from the appropriations in Laws 2003, 
  2.7   First Special Session chapter 19, or other law to the specified 
  2.8   agencies.  The appropriation changes are from the general fund 
  2.9   for fiscal year 2005.  
  2.10                                       APPROPRIATION CHANGES
  2.11                                                         2005 
  2.12  Sec. 2.  TRANSPORTATION                             $   (15,000)
  2.13  This is a reduction from the 
  2.14  appropriations in Laws 2003, First 
  2.15  Special Session chapter 19, article 1, 
  2.16  section 2. 
  2.17  Sec. 3.  METROPOLITAN COUNCIL
  2.18  TRANSIT                                              (1,737,000)
  2.19  This is a reduction from the 
  2.20  appropriations in Laws 2003, First 
  2.21  Special Session chapter 19, article 1, 
  2.22  section 3. 
  2.23  Sec. 4.  PUBLIC SAFETY                                 (118,000)
  2.24  This is a reduction from the 
  2.25  appropriations in Laws 2003, First 
  2.26  Special Session chapter 19, article 1, 
  2.27  section 4. 
  2.28     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  2.29  297B.09, subdivision 1, is amended to read: 
  2.30     Subdivision 1.  [DEPOSIT OF REVENUES.] (a) Money collected 
  2.31  and received under this chapter must be deposited as provided in 
  2.32  this subdivision.  
  2.33     (b) From July 1, 2002, to June 30, 2003, 32 percent of the 
  2.34  money collected and received must be deposited in the highway 
  2.35  user tax distribution fund, 20.5 percent must be deposited in 
  2.36  the metropolitan area transit fund under section 16A.88, and 
  2.37  1.25 percent must be deposited in the greater Minnesota transit 
  2.38  fund under section 16A.88.  The remaining money must be 
  2.39  deposited in the general fund. 
  2.40     (c) In each fiscal year from July 1, 2003, to June 30, 
  2.41  2007, 30 percent of the money collected and received must be 
  3.1   deposited in the highway user tax distribution fund, 21.5 
  3.2   percent; $130,742,000 must be deposited in the metropolitan area 
  3.3   transit fund under section 16A.88, 1.43 percent; $8,696,000 must 
  3.4   be deposited in the greater Minnesota transit fund under section 
  3.5   16A.88,; 0.65 percent must be deposited in the county state-aid 
  3.6   highway fund,; and 0.17 percent must be deposited in the 
  3.7   municipal state-aid street fund.  The remaining money must be 
  3.8   deposited in the general fund. 
  3.9      (d) (c) In each fiscal year on and after July 1, 2007, 32 
  3.10  percent of the money collected and received must be deposited in 
  3.11  the highway user tax distribution fund, 20.5 percent; 
  3.12  $130,742,000 must be deposited in the metropolitan area transit 
  3.13  fund under section 16A.88, and 1.25 percent; $8,696,000 must be 
  3.14  deposited in the greater Minnesota transit fund under section 
  3.15  16A.88.  The remaining money must be deposited in the general 
  3.16  fund. 
  3.17     Sec. 6.  [METROPOLITAN COUNCIL; LIGHT RAIL TRANSIT 
  3.18  APPROPRIATION MAY BE SPENT FOR BUS TRANSIT.] 
  3.19     Notwithstanding any other law, the Metropolitan Council may 
  3.20  spend money appropriated for fiscal year 2004 under Laws 2003, 
  3.21  First Special Session chapter 19, article 1, section 3, 
  3.22  paragraph (c), for the purposes of Laws 2003, First Special 
  3.23  Session chapter 19, article 1, section 3, paragraph (b), in that 
  3.24  fiscal year.  
  3.25     [EFFECTIVE DATE.] This section is effective the day 
  3.26  following final enactment. 
  3.27     Sec. 7.  [METROPOLITAN COUNCIL; LIVABLE COMMUNITIES FUNDS 
  3.28  MAY BE SPENT FOR BUS TRANSIT.] 
  3.29     Notwithstanding Minnesota Statutes, sections 473.25 to 
  3.30  473.255, until June 30, 2007, the Metropolitan Council may spend 
  3.31  money in any of the accounts established under section 473.251 
  3.32  for bus transit operated by the council.  
  3.33     [EFFECTIVE DATE.] This section is effective the day 
  3.34  following final enactment. 
  3.35                             ARTICLE 2
  3.36                       TRANSPORTATION POLICY 
  4.1      Section 1.  [BELTWAY; PLANNING.] 
  4.2      Subdivision 1.  [INCLUSION IN PLANS.] The commissioner of 
  4.3   transportation shall evaluate new principal arterial alignments 
  4.4   surrounding the metropolitan area as part of the metropolitan 
  4.5   area's transportation system plan, with particular attention to 
  4.6   evaluating these alignments in the context of planning for a 
  4.7   second beltway around the metropolitan area.  The commissioner 
  4.8   shall coordinate activities under this subdivision with the 
  4.9   Metropolitan Council's preparation of its transportation policy 
  4.10  plan.  Each alignment must be considered for its capacity to 
  4.11  serve urban development and to provide a traffic bypass of the 
  4.12  metropolitan area. 
  4.13     Subd. 2.  [REPORT.] The commissioner of transportation 
  4.14  shall report to the legislature by January 15, 2005, on the 
  4.15  activities of the commissioner and council under subdivision 1.  
  4.16  The report must include an evaluation of the feasibility and 
  4.17  desirability of conducting a comprehensive study, including 
  4.18  timetables, detailed documentation, cost, and right-of-way needs 
  4.19  of a second beltway. 
  4.20     Sec. 2.  [HIGHWAY PROJECTS; USE OF CENTERLINE RUMBLE 
  4.21  STRIPS.] 
  4.22     The commissioner of transportation shall: 
  4.23     (1) in all projects for the construction, reconstruction, 
  4.24  or resurfacing of two-lane trunk highways outside urban 
  4.25  districts, as defined in Minnesota Statutes, section 169.01, 
  4.26  subdivision 59, that have a design speed of 55 miles per hour or 
  4.27  more, include rumble strips on the centerline of the highway; 
  4.28  and 
  4.29     (2) insure that all projects for the construction, 
  4.30  reconstruction, or resurfacing of two-lane county state-aid 
  4.31  highways outside urban districts that have a design speed of 55 
  4.32  miles per hour or more include rumble strips on the centerline 
  4.33  of the highway. 
  4.34     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  4.35  and applies to highway projects for which contracts are let on 
  4.36  and after that date. 
  5.1      Sec. 3.  [METRO MOBILITY; PREMIUM PARATRANSIT PILOT 
  5.2   PROJECT.] 
  5.3      The Metropolitan Council shall, by October 1, 2004, 
  5.4   implement a pilot project for subsidizing premium paratransit 
  5.5   for certified Metro Mobility users.  The council shall make 
  5.6   agreements with taxi providers or other providers of small 
  5.7   vehicle passenger service under which the council subsidizes 
  5.8   trips made by certified Metro Mobility users who have been 
  5.9   denied same-day reservations by Metro Mobility.  The council may 
  5.10  determine the amount of each fare under the pilot project that 
  5.11  will be paid by the user and the amount paid by the council, 
  5.12  except that the amount of each fare paid by the user may not 
  5.13  exceed $7 and the amount of each fare paid by the council may 
  5.14  not be less than $13.  The council shall report to the 
  5.15  legislative committees having jurisdiction over transportation 
  5.16  policy and finance by January 15, 2005, on the council's 
  5.17  activities under this section.  The council may not enter into 
  5.18  any provider contracts for Metro Mobility that are in effect in 
  5.19  fiscal year 2006 or 2007 until after the report has been 
  5.20  submitted. 
  5.21     Sec. 4.  Minnesota Statutes 2002, section 160.85, 
  5.22  subdivision 1, is amended to read: 
  5.23     Subdivision 1.  [ROAD AUTHORITY.] A road authority may 
  5.24  solicit or accept proposals from and enter into development 
  5.25  agreements with counties or private operators for developing, 
  5.26  financing, designing, constructing, improving, rehabilitating, 
  5.27  owning, and operating toll facilities wholly or partly within 
  5.28  the road authority's jurisdiction.  A road authority may solicit 
  5.29  proposals from private operators only after the county in which 
  5.30  the proposed toll facilities will be located has refused or 
  5.31  failed to submit a proposal acceptable to the commissioner 
  5.32  within 60 days of the county's receipt of the solicitation of 
  5.33  proposals.  If a road authority solicits toll facility 
  5.34  proposals, it must publish a notice of solicitation in the State 
  5.35  Register. 
  5.36     Sec. 5.  Minnesota Statutes 2002, section 160.85, 
  6.1   subdivision 3a, is amended to read: 
  6.2      Subd. 3a.  [INFORMATION MEETING.] Before approving or 
  6.3   denying a development agreement, the commissioner shall hold a 
  6.4   public information meeting in any municipality or county in 
  6.5   which any portion of the proposed toll facility runs.  The 
  6.6   commissioner shall determine the time and place of the 
  6.7   information meeting.  The commissioner shall make the proposed 
  6.8   development agreement available for public review at the meeting 
  6.9   and for a reasonable period of time before the meeting. 
  6.10     Sec. 6.  Minnesota Statutes 2002, section 160.86, is 
  6.11  amended to read: 
  6.12     160.86 [TOLL FACILITY DEVELOPMENT AGREEMENT; REQUIREMENTS.] 
  6.13     A development agreement must include the following 
  6.14  provisions: 
  6.15     (a) The toll facility must meet the road authority's 
  6.16  standards of design and construction for roads and bridges of 
  6.17  the same functional classification. 
  6.18     (b) The commissioner must review and approve the location 
  6.19  and design of a bridge over navigable waters as if the bridge 
  6.20  were constructed by a road authority.  This requirement does not 
  6.21  diminish the private operator's responsibility for bridge safety.
  6.22     (c) The private operator shall manage and operate the toll 
  6.23  facility in cooperation with the road authority and subject to 
  6.24  the development agreement. 
  6.25     (d) The toll facility is subject to regular inspections by 
  6.26  the road authority and the commissioner. 
  6.27     (e) The agreement must provide the terms and conditions of 
  6.28  maintenance, snow removal, and police services to the toll 
  6.29  facility.  The road authority must provide the services.  The 
  6.30  services must meet at least the road authority's standards for 
  6.31  facilities of the same functional classification. 
  6.32     (f) The agreement must establish a reasonable rate of 
  6.33  return on investment and capital during the term of the 
  6.34  agreement. 
  6.35     (g) A development agreement may not contain a provision 
  6.36  that (1) prohibits or restricts a road authority from 
  7.1   constructing, improving, or maintaining any highway within its 
  7.2   jurisdiction, or (2) prohibits or restricts the development, 
  7.3   design, construction, or operation of public transit facilities 
  7.4   or service, including commuter rail lines. 
  7.5      Sec. 7.  [160.865] [TOLL FACILITIES; ADDITIONAL PLANNING 
  7.6   REQUIREMENTS.] 
  7.7      Subdivision 1.  [INCLUSION IN STATEWIDE TRANSPORTATION 
  7.8   IMPROVEMENT PROGRAM.] The commissioner of transportation may not 
  7.9   make a development agreement for a toll facility unless the 
  7.10  facility is included in the commissioner's statewide 
  7.11  transportation improvement program for the federal fiscal year 
  7.12  in which construction of the facility would begin. 
  7.13     Subd. 2.  [BUDGET SUBMISSION.] As part of the 
  7.14  commissioner's biennial budget submission to the legislature, 
  7.15  the commissioner shall include a status report of all toll 
  7.16  facilities under active consideration at the time of preparation 
  7.17  of the budget, including: 
  7.18     (1) solicitations of interest; 
  7.19     (2) requests for letters of interest; 
  7.20     (3) calls for corridor concepts; 
  7.21     (4) selection of corridors; 
  7.22     (5) formal requests for proposals, requests for 
  7.23  qualifications, and requests for public partners; and 
  7.24     (6) completed development agreements. 
  7.25  The report must include responses to clauses (1) through (5) to 
  7.26  the extent that information in such responses may be disclosed 
  7.27  under section 13.591, subdivision 3. 
  7.28     Subd. 3.  [REPORT TO LEGISLATIVE COMMITTEES.] The 
  7.29  commissioner shall notify the chairs of the senate and house of 
  7.30  representatives committees having jurisdiction over 
  7.31  transportation policy and finance each time the commissioner 
  7.32  selects a corridor with the intention of soliciting proposals 
  7.33  for a toll facility in that corridor.  The notification must be 
  7.34  made within ten days of the selection. 
  7.35     Sec. 8.  Minnesota Statutes 2002, section 160.87, is 
  7.36  amended by adding a subdivision to read: 
  8.1      Subd. 4.  [LIMITATION ON COLLECTION OF TOLLS; USE OF TOLL 
  8.2   REVENUE.] (a) Notwithstanding subdivisions 1 to 3, a toll 
  8.3   facility operator or road authority may collect tolls on a toll 
  8.4   facility only until all costs related to the construction of the 
  8.5   facility, including right-of-way acquisition and payment of 
  8.6   principal and interest on any debt incurred therefore, have been 
  8.7   paid. 
  8.8      (b) Toll revenue under sections 160.84 to 160.92 may only 
  8.9   be used for costs related to construction as authorized under 
  8.10  paragraph (a), and costs of maintaining and operating the 
  8.11  facility. 
  8.12     Sec. 9.  [160.93] [LIMIT ON DEVELOPMENT AGREEMENTS.] 
  8.13     The commissioner may not enter into more than two 
  8.14  development agreements under sections 160.84 to 160.92 before 
  8.15  July 1, 2006. 
  8.16     Sec. 10.  [160.94] [COMPATIBILITY OF TOLL-COLLECTION 
  8.17  SYSTEMS.] 
  8.18     The commissioner shall take all necessary steps to insure 
  8.19  that (1) all toll facilities use exclusively electronic 
  8.20  collection methods, and (2) to the maximum feasible degree, all 
  8.21  toll-collection systems used in Minnesota are compatible with 
  8.22  each other. 
  8.23     Sec. 11.  Minnesota Statutes 2003 Supplement, section 
  8.24  168.013, subdivision 3, is amended to read: 
  8.25     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  8.26  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
  8.27  gross weight shall state the unloaded weight of the motor 
  8.28  vehicle, trailer, or semitrailer and the maximum load the 
  8.29  applicant proposes to carry on it, the sum of which constitutes 
  8.30  the gross weight upon which the license tax must be paid.  
  8.31  However, the declared gross weight upon which the tax is paid 
  8.32  must not be less than 1-1/4 times the declared unloaded weight 
  8.33  of the motor vehicle, trailer, or semitrailer to be registered, 
  8.34  except recreational vehicles taxed under subdivision 1g, school 
  8.35  buses taxed under subdivision 18, and tow trucks or towing 
  8.36  vehicles defined in section 169.01, subdivision 52.  The gross 
  9.1   weight of a tow truck or towing vehicle is the actual weight of 
  9.2   the tow truck or towing vehicle fully equipped, but does not 
  9.3   include the weight of a wrecked or disabled vehicle towed or 
  9.4   drawn by the tow truck or towing vehicle. 
  9.5      (b) The gross weight of a motor vehicle, trailer, or 
  9.6   semitrailer must not exceed the gross weight upon which the 
  9.7   license tax has been paid by more than four percent or 1,000 
  9.8   pounds, whichever is greater; provided that, a vehicle 
  9.9   transporting unfinished forest products on a highway, other than 
  9.10  a highway that is part of the system of interstate and defense 
  9.11  highways, unless a federal exemption is granted, in accordance 
  9.12  with paragraph (d)(3): 
  9.13     (1) shall not exceed its gross vehicle weight upon which 
  9.14  the license tax has been paid, or gross axle weight on any axle, 
  9.15  by more than five percent and, notwithstanding other law to the 
  9.16  contrary, is not subject to any fee, fine, or other assessment 
  9.17  or penalty for exceeding a gross vehicle or axle weight by up to 
  9.18  five percent, except during winter weight increase periods; and 
  9.19     (2) between the dates set by the commissioner in accordance 
  9.20  with section 169.826, subdivision 1, is not subject to any 
  9.21  provision of paragraph (d) or chapter 169 limiting the gross 
  9.22  axle weight of any individual axle unless the entire vehicle 
  9.23  also exceeds its gross vehicle weight plus its weight allowance 
  9.24  allowed in clause (1) and plus any weight allowance permitted 
  9.25  under section 169.826, in which case the vehicle is subject to 
  9.26  all applicable penalties for excess weight violations. 
  9.27     (c) The gross weight of the motor vehicle, trailer, or 
  9.28  semitrailer for which the license tax is paid must be indicated 
  9.29  by a distinctive character on the license plate or plates except 
  9.30  as provided in subdivision 12 and the plate or plates must be 
  9.31  kept clean and clearly visible at all times. 
  9.32     (d) The owner, driver, or user of a motor vehicle, trailer, 
  9.33  or semitrailer, upon conviction for transporting a gross weight 
  9.34  in excess of the gross weight for which it was registered or for 
  9.35  operating a vehicle with an axle weight exceeding the maximum 
  9.36  lawful axle load weight, is guilty of a misdemeanor and subject 
 10.1   to increased registration or reregistration according to the 
 10.2   following schedule: 
 10.3      (1) Upon conviction for transporting a gross weight in 
 10.4   excess of the gross weight for which a motor vehicle, trailer, 
 10.5   or semitrailer is registered by more than the allowance set 
 10.6   forth in paragraph (b) but less than 25 percent, or for 
 10.7   operating or using a motor vehicle, trailer, or semitrailer with 
 10.8   an axle weight exceeding the maximum lawful axle load as 
 10.9   provided in sections 169.822 to 169.829 by more than the 
 10.10  allowance set forth in paragraph (b) but less than 25 percent, 
 10.11  the owner, driver, or user of the motor vehicle, trailer, or 
 10.12  semitrailer used to commit the violation, in addition to any 
 10.13  penalty imposed for the misdemeanor, shall apply to the 
 10.14  registrar to increase the authorized gross weight to be carried 
 10.15  on the vehicle to a weight equal to or greater than the gross 
 10.16  weight the owner, driver, or user was convicted of carrying.  
 10.17  The increase is computed for the balance of the calendar year on 
 10.18  the basis of 1/12 of the annual tax for each month remaining in 
 10.19  the calendar year beginning with the first day of the month in 
 10.20  which the violation occurred.  If the additional registration 
 10.21  tax computed upon that weight, plus the tax already paid, 
 10.22  amounts to more than the regular tax for the maximum gross 
 10.23  weight permitted for the vehicle under sections 169.822 to 
 10.24  169.829, that additional amount must nevertheless be paid into 
 10.25  the highway fund, but the additional tax thus paid does not 
 10.26  authorize or permit any person to operate the vehicle with a 
 10.27  gross weight in excess of the maximum legal weight as provided 
 10.28  by sections 169.822 to 169.829.  Unless the owner within 30 days 
 10.29  after a conviction applies to increase the authorized weight and 
 10.30  pays the additional tax as provided in this section, the 
 10.31  registrar shall revoke the registration on the vehicle and 
 10.32  demand the return of the registration card and plates issued on 
 10.33  that registration. 
 10.34     (2) Upon conviction of an owner, driver, or user of a motor 
 10.35  vehicle, trailer, or semitrailer for transporting a gross weight 
 10.36  in excess of the gross weight for which the motor vehicle, 
 11.1   trailer, or semitrailer was registered by 25 percent or more or 
 11.2   for operating or using the vehicle or trailer with an axle 
 11.3   weight exceeding the maximum lawful axle load as provided in 
 11.4   sections 169.822 to 169.829 by 25 percent or more, and in 
 11.5   addition to any penalty imposed for the misdemeanor, the 
 11.6   registrar shall either (i) cancel the reciprocity privileges on 
 11.7   the vehicle involved if the vehicle is being operated under 
 11.8   reciprocity or (ii) if the vehicle is not being operated under 
 11.9   reciprocity, cancel the certificate of registration on the 
 11.10  vehicle operated and demand the return of the registration 
 11.11  certificate and registration plates.  The registrar may not 
 11.12  cancel the registration or reciprocity privileges for any 
 11.13  vehicle found in violation of seasonal load restrictions imposed 
 11.14  under section 169.87 unless the axle weight exceeds the 
 11.15  year-round weight limit for the highway on which the violation 
 11.16  occurred.  The registrar may investigate any allegation of gross 
 11.17  weight violations and demand that the operator show cause why 
 11.18  all future operating privileges in the state should not be 
 11.19  revoked unless the additional tax assessed is paid. 
 11.20     (3) Clause (1) does not apply to the first haul of 
 11.21  unprocessed or raw farm products or unfinished forest products, 
 11.22  when the registered gross weight is not exceeded by more than 
 11.23  ten percent.  For purposes of this clause, "first haul" means 
 11.24  (i) the first, continuous transportation of unprocessed or raw 
 11.25  farm products from the place of production or on-farm storage 
 11.26  site to any other location within 50 miles of the place of 
 11.27  production or on-farm storage site, or (ii) the continuous or 
 11.28  noncontinuous transportation of unfinished forest products from 
 11.29  the place of production to the place of final processing or 
 11.30  manufacture located within 200 miles of the place of production. 
 11.31     (4) When the registration on a motor vehicle, trailer, or 
 11.32  semitrailer is revoked by the registrar according to this 
 11.33  section, the vehicle must not be operated on the highways of the 
 11.34  state until it is registered or reregistered, as the case may 
 11.35  be, and new plates issued, and the registration fee is the 
 11.36  annual tax for the total gross weight of the vehicle at the time 
 12.1   of violation.  The reregistration pursuant to this subdivision 
 12.2   of any vehicle operating under reciprocity agreements pursuant 
 12.3   to section 168.181 or 168.187 must be at the full annual 
 12.4   registration fee without regard to the percentage of vehicle 
 12.5   miles traveled in this state. 
 12.6      Sec. 12.  Minnesota Statutes 2002, section 168.187, is 
 12.7   amended by adding a subdivision to read: 
 12.8      Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
 12.9   public safety shall refuse to issue a vehicle registration, 
 12.10  license plate, or permit to a vehicle licensed under this 
 12.11  section if the vehicle is assigned to a commercial motor carrier 
 12.12  who has been prohibited from operating in interstate commerce by 
 12.13  a federal agency with authority to do so under federal law. 
 12.14     The commissioner of public safety may revoke the 
 12.15  registration of a vehicle licensed under this section if the 
 12.16  vehicle is assigned to a commercial motor carrier who has been 
 12.17  prohibited from operating in interstate commerce by a federal 
 12.18  agency with authority to do so under federal law. 
 12.19     If the prohibition by the federal agency is rescinded, the 
 12.20  commissioner of public safety may reinstate a vehicle 
 12.21  registration under this section if registration taxes and fees 
 12.22  have been paid. 
 12.23     Sec. 13.  Minnesota Statutes 2002, section 168A.11, 
 12.24  subdivision 1, is amended to read: 
 12.25     Subdivision 1.  [APPLICATION REQUIREMENTS UPON SUBSEQUENT 
 12.26  TRANSFER.] (a) If A dealer who buys a vehicle and holds it for 
 12.27  resale and procures the certificate of title from the owner, and 
 12.28  complies with subdivision 2 hereof, the dealer need not apply 
 12.29  for a certificate of title, but.  Upon transferring the vehicle 
 12.30  to another person other than by the creation of a security 
 12.31  interest, the dealer shall promptly execute the assignment and 
 12.32  warranty of title by a dealer, showing the names and addresses 
 12.33  of the transferee and of any secured party holding a security 
 12.34  interest created or reserved at the time of the resale, and the 
 12.35  date of the security agreement in the spaces provided therefor 
 12.36  on the certificate of title or secure reassignment.  
 13.1      (b) With respect to motor vehicles subject to the 
 13.2   provisions of section 325E.15, the dealer shall also, in the 
 13.3   space provided therefor on the certificate of title or secure 
 13.4   reassignment, state the true cumulative mileage registered on 
 13.5   the odometer or that the exact mileage is unknown if the 
 13.6   odometer reading is known by the transferor to be different from 
 13.7   the true mileage.  
 13.8      (c) The transferee shall complete the application for title 
 13.9   section on the certificate of title or separate title 
 13.10  application form prescribed by the department.  The dealer shall 
 13.11  mail or deliver the certificate to the registrar or deputy 
 13.12  registrar with the transferee's application for a new 
 13.13  certificate and appropriate taxes and fees, within ten business 
 13.14  days. 
 13.15     (d) With respect to vehicles sold to buyers who will remove 
 13.16  the vehicle from this state, the dealer shall remove any license 
 13.17  plates from the vehicle, issue a 31-day temporary permit 
 13.18  pursuant to section 168.091, and notify the registrar within 48 
 13.19  hours of the sale that the vehicle has been removed from this 
 13.20  state.  The notification must be made in an electronic format 
 13.21  prescribed by the registrar.  The dealer may contract with a 
 13.22  deputy registrar for the notification of sale to an out-of-state 
 13.23  buyer.  The deputy registrar may charge a fee of $7 per 
 13.24  transaction to provide this service. 
 13.25     Sec. 14.  Minnesota Statutes 2002, section 168A.11, 
 13.26  subdivision 2, is amended to read: 
 13.27     Subd. 2.  [PURCHASE RECEIPT NOTIFICATION ON VEHICLE HELD 
 13.28  FOR RESALE.] A dealer, on buying a vehicle for which the seller 
 13.29  does not present a certificate of title, shall at the time of 
 13.30  taking delivery of the vehicle execute a purchase receipt for 
 13.31  the vehicle in a format designated by the department, and 
 13.32  deliver a copy to the seller.  In a format and at a time 
 13.33  prescribed by the registrar, the dealer shall notify the 
 13.34  registrar that the vehicle is being held for resale by the 
 13.35  dealer.  Within 48 hours of acquiring a vehicle titled and 
 13.36  registered in Minnesota, a dealer shall notify the registrar 
 14.1   that the dealership is holding the vehicle for resale.  The 
 14.2   notification must be made electronically as prescribed by the 
 14.3   registrar.  The dealer may contract this service to a deputy 
 14.4   registrar and the registrar may charge a fee of $7 per 
 14.5   transaction to provide this service. 
 14.6      Sec. 15.  Minnesota Statutes 2002, section 169.14, is 
 14.7   amended by adding a subdivision to read: 
 14.8      Subd. 2a.  [SPEED LIMIT ON INTERSTATE HIGHWAY 35E.] The 
 14.9   commissioner shall designate the speed limit on marked 
 14.10  Interstate Highway 35E from West Seventh Street to marked 
 14.11  Interstate Highway 94 in St. Paul as 55 miles per hour, unless 
 14.12  the commissioner designates a different speed limit on that 
 14.13  highway after conducting an engineering and traffic 
 14.14  investigation under subdivision 4 and determining that a 
 14.15  different speed limit is reasonable and safe.  Any speed in 
 14.16  excess of a speed limit designated under this section is 
 14.17  unlawful. 
 14.18     Sec. 16.  Minnesota Statutes 2002, section 169.448, is 
 14.19  amended by adding a subdivision to read: 
 14.20     Subd. 4.  [DAY ACTIVITY CENTER BUSES.] (a) Notwithstanding 
 14.21  subdivision 1, a vehicle used to transport adults to and from a 
 14.22  day activity center may be equipped with prewarning flashing 
 14.23  amber signals and a stop-signal arm, and the operator of the 
 14.24  vehicle may activate this equipment under the following 
 14.25  circumstances: 
 14.26     (1) the operator possesses a commercial driver's license 
 14.27  with a school bus endorsement; 
 14.28     (2) the vehicle is engaged in picking up or dropping off 
 14.29  adults at locations predesignated by the day activity center 
 14.30  that owns or leases the bus; 
 14.31     (3) the vehicle is identified as a "day activity center 
 14.32  bus" in letters at least eight inches high on the front and rear 
 14.33  top of the bus; 
 14.34     (4) the name, address, and telephone number of the owner 
 14.35  and operator of the bus is identified on each front door of the 
 14.36  bus in letters not less than three inches high; and 
 15.1      (5) notwithstanding subdivision 1, paragraph (a), the 
 15.2   vehicle is painted national school bus glossy yellow. 
 15.3      (b) The provisions of section 169.444 relating to duties of 
 15.4   care of a motorist to a school bus, and violations thereof, 
 15.5   apply to a vehicle described in this section when the vehicle is 
 15.6   operated in conformity with this subdivision.  The provisions of 
 15.7   section 169.443 relating to a bus driver's duties apply to a 
 15.8   vehicle described in this section except those which by their 
 15.9   nature have no application. 
 15.10     Sec. 17.  Minnesota Statutes 2002, section 169.824, 
 15.11  subdivision 2, is amended to read: 
 15.12     Subd. 2.  [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 
 15.13  Notwithstanding the provisions of section 169.85, the gross 
 15.14  vehicle weight of all axles of a vehicle or combination of 
 15.15  vehicles shall not exceed:  
 15.16     (1) except as provided in clause (2), 80,000 pounds for any 
 15.17  vehicle or combination of vehicles on all state trunk highways 
 15.18  as defined in section 160.02, subdivision 29, and for all routes 
 15.19  designated under section 169.832, subdivision 11; 
 15.20     (2) 88,000 pounds for any vehicle or combination of 
 15.21  vehicles with six or more axles while exclusively engaged in 
 15.22  hauling livestock on all state trunk highways other than 
 15.23  interstate highways, if the vehicle has a permit under section 
 15.24  169.86, subdivision 5, paragraph (j); 
 15.25     (3) 73,280 pounds for any vehicle or combination of 
 15.26  vehicles with five axles or less on all routes, other than state 
 15.27  trunk highways and routes that are designated under section 
 15.28  169.832, subdivision 11; and 
 15.29     (3) (4) 80,000 pounds for any vehicle or combination of 
 15.30  vehicles with six or more axles on all routes, other than state 
 15.31  trunk highways and routes that are designated under section 
 15.32  169.832, subdivision 11.  
 15.33     (b) The maximum weights specified in this section for five 
 15.34  consecutive axles shall not apply to a four-axle ready-mix 
 15.35  concrete truck which was equipped with a fifth axle prior to 
 15.36  June 1, 1981.  The maximum gross weight on four or fewer 
 16.1   consecutive axles of vehicles excepted by this clause shall not 
 16.2   exceed any maximum weight specified for four or fewer 
 16.3   consecutive axles in this section. 
 16.4      Sec. 18.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
 16.5   PRODUCTS.] 
 16.6      A vehicle or combination of vehicles hauling raw or 
 16.7   unfinished forest products, including wood chips, by the most 
 16.8   direct route to the nearest highway that has been designated 
 16.9   under section 169.832, subdivision 11, may be operated on any 
 16.10  highway with gross weights permitted under sections 169.822 to 
 16.11  169.829 without regard to load restrictions imposed on that 
 16.12  highway, except that such vehicles must: 
 16.13     (1) comply with seasonal load restrictions in effect 
 16.14  between the dates set by the commissioner under section 169.87, 
 16.15  subdivision 2; 
 16.16     (2) comply with bridge load limits posted under section 
 16.17  169.84; 
 16.18     (3) be equipped and operated with six axles and brakes; 
 16.19     (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
 16.20  gross weight during the time when seasonal increases are 
 16.21  authorized under section 169.826; 
 16.22     (5) not be operated on interstate and defense highways; 
 16.23     (6) obtain an annual permit from the commissioner of 
 16.24  transportation; and 
 16.25     (7) obey all road postings. 
 16.26     Sec. 19.  Minnesota Statutes 2003 Supplement, section 
 16.27  169.86, subdivision 5, is amended to read: 
 16.28     Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
 16.29  commissioner, with respect to highways under the commissioner's 
 16.30  jurisdiction, may charge a fee for each permit issued.  All such 
 16.31  fees for permits issued by the commissioner of transportation 
 16.32  shall be deposited in the state treasury and credited to the 
 16.33  trunk highway fund.  Except for those annual permits for which 
 16.34  the permit fees are specified elsewhere in this chapter, the 
 16.35  fees shall be: 
 16.36     (a) $15 for each single trip permit. 
 17.1      (b) $36 for each job permit.  A job permit may be issued 
 17.2   for like loads carried on a specific route for a period not to 
 17.3   exceed two months.  "Like loads" means loads of the same 
 17.4   product, weight, and dimension. 
 17.5      (c) $60 for an annual permit to be issued for a period not 
 17.6   to exceed 12 consecutive months.  Annual permits may be issued 
 17.7   for: 
 17.8      (1) motor vehicles used to alleviate a temporary crisis 
 17.9   adversely affecting the safety or well-being of the public; 
 17.10     (2) motor vehicles which travel on interstate highways and 
 17.11  carry loads authorized under subdivision 1a; 
 17.12     (3) motor vehicles operating with gross weights authorized 
 17.13  under section 169.826, subdivision 1a; 
 17.14     (4) special pulpwood vehicles described in section 169.863; 
 17.15     (5) motor vehicles bearing snowplow blades not exceeding 
 17.16  ten feet in width; and 
 17.17     (6) noncommercial transportation of a boat by the owner or 
 17.18  user of the boat. 
 17.19     (d) $120 for an oversize annual permit to be issued for a 
 17.20  period not to exceed 12 consecutive months.  Annual permits may 
 17.21  be issued for:  
 17.22     (1) mobile cranes; 
 17.23     (2) construction equipment, machinery, and supplies; 
 17.24     (3) manufactured homes; 
 17.25     (4) implements of husbandry when the movement is not made 
 17.26  according to the provisions of paragraph (i); 
 17.27     (5) double-deck buses; 
 17.28     (6) commercial boat hauling.  
 17.29     (e) For vehicles which have axle weights exceeding the 
 17.30  weight limitations of sections 169.822 to 169.829, an additional 
 17.31  cost added to the fees listed above.  However, this paragraph 
 17.32  applies to any vehicle described in section 168.013, subdivision 
 17.33  3, paragraph (b), but only when the vehicle exceeds its gross 
 17.34  weight allowance set forth in that paragraph, and then the 
 17.35  additional cost is for all weight, including the allowance 
 17.36  weight, in excess of the permitted maximum axle weight.  The 
 18.1   additional cost is equal to the product of the distance traveled 
 18.2   times the sum of the overweight axle group cost factors shown in 
 18.3   the following chart:  
 18.4                  Overweight Axle Group Cost Factors 
 18.5   Weight (pounds)         Cost Per Mile For Each Group Of:
 18.6   exceeding       Two consec-     Three consec-   Four consec-
 18.7   weight          utive axles     utive axles     utive axles
 18.8   limitations     spaced within   spaced within   spaced within
 18.9   on axles        8 feet or less  9 feet or less  14 feet or less 
 18.10       0-2,000    .12             .05             .04
 18.11   2,001-4,000    .14             .06             .05
 18.12   4,001-6,000    .18             .07             .06
 18.13   6,001-8,000    .21             .09             .07
 18.14   8,001-10,000   .26             .10             .08
 18.15  10,001-12,000   .30             .12             .09
 18.16  12,001-14,000   Not permitted   .14             .11
 18.17  14,001-16,000   Not permitted   .17             .12
 18.18  16,001-18,000   Not permitted   .19             .15
 18.19  18,001-20,000   Not permitted   Not permitted   .16
 18.20  20,001-22,000   Not permitted   Not permitted   .20
 18.21  The amounts added are rounded to the nearest cent for each axle 
 18.22  or axle group.  The additional cost does not apply to paragraph 
 18.23  (c), clauses (1) and (3).  
 18.24  For a vehicle found to exceed the appropriate maximum permitted 
 18.25  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 18.26  a ton, over the permitted maximum weight is imposed in addition 
 18.27  to the normal permit fee.  Miles must be calculated based on the 
 18.28  distance already traveled in the state plus the distance from 
 18.29  the point of detection to a transportation loading site or 
 18.30  unloading site within the state or to the point of exit from the 
 18.31  state. 
 18.32     (f) As an alternative to paragraph (e), an annual permit 
 18.33  may be issued for overweight, or oversize and overweight, 
 18.34  construction equipment, machinery, and supplies.  The fees for 
 18.35  the permit are as follows:  
 18.36  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 19.1        90,000 or less                             $200
 19.2        90,001 - 100,000                           $300
 19.3       100,001 - 110,000                           $400
 19.4       110,001 - 120,000                           $500
 19.5       120,001 - 130,000                           $600
 19.6       130,001 - 140,000                           $700
 19.7       140,001 - 145,000                           $800
 19.8   If the gross weight of the vehicle is more than 145,000 pounds 
 19.9   the permit fee is determined under paragraph (e). 
 19.10     (g) For vehicles which exceed the width limitations set 
 19.11  forth in section 169.80 by more than 72 inches, an additional 
 19.12  cost equal to $120 added to the amount in paragraph (a) when the 
 19.13  permit is issued while seasonal load restrictions pursuant to 
 19.14  section 169.87 are in effect. 
 19.15     (h) $85 for an annual permit to be issued for a period not 
 19.16  to exceed 12 months, for refuse-compactor vehicles that carry a 
 19.17  gross weight of not more than:  22,000 pounds on a single rear 
 19.18  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 19.19  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 19.20  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 19.21  axle must limit the gross vehicle weight to not more than 62,000 
 19.22  pounds. 
 19.23     (i) For vehicles exclusively transporting implements of 
 19.24  husbandry, an annual permit fee of $24.  A vehicle operated 
 19.25  under a permit authorized by this paragraph may be moved at the 
 19.26  discretion of the permit holder without prior route approval by 
 19.27  the commissioner if: 
 19.28     (1) the total width of the transporting vehicle, including 
 19.29  load, does not exceed 14 feet; 
 19.30     (2) the vehicle is operated only between sunrise and 30 
 19.31  minutes after sunset, and is not operated at any time after 
 19.32  12:00 noon on Sundays or holidays; 
 19.33     (3) the vehicle is not operated when visibility is impaired 
 19.34  by weather, fog, or other conditions that render persons and 
 19.35  other vehicles not clearly visible at 500 feet; 
 19.36     (4) the vehicle displays at the front and rear of the load 
 20.1   or vehicle a pair of flashing amber lights, as provided in 
 20.2   section 169.59, subdivision 4, whenever the overall width of the 
 20.3   vehicle exceeds 126 inches; and 
 20.4      (5) the vehicle is not operated on a trunk highway with a 
 20.5   surfaced roadway width of less than 24 feet unless such 
 20.6   operation is authorized by the permit. 
 20.7   A permit under this paragraph authorizes movements of the 
 20.8   permitted vehicle on an interstate highway, and movements of 75 
 20.9   miles or more on other highways. 
 20.10     (j) $200 for an annual permit for a vehicle operating under 
 20.11  authority of section 169.824, subdivision 2, paragraph (a), 
 20.12  clause (2).  
 20.13     (k) $300 for a motor vehicle described in section 
 20.14  169.8261.  The fee under this paragraph must be deposited as 
 20.15  follows: 
 20.16     (1) In fiscal years 2005 through 2010: 
 20.17     (i) The first $50,000 in each fiscal year must be deposited 
 20.18  in the trunk highway fund. 
 20.19     (ii) All remaining money in each fiscal year must be 
 20.20  deposited in a bridge inspection and signing account in the 
 20.21  special revenue fund.  Money in the account is appropriated to 
 20.22  the commissioner for: 
 20.23     (A) inspection of local bridges and identification of local 
 20.24  bridges to be posted, including contracting with a consultant 
 20.25  for some or all of these functions; and 
 20.26     (B) erection of weight posting signs on local bridges. 
 20.27     (2) In fiscal year 2011 and subsequent years, all fees 
 20.28  under this paragraph must be deposited in the trunk highway fund.
 20.29     Sec. 20.  Minnesota Statutes 2002, section 169.99, 
 20.30  subdivision 1b, is amended to read: 
 20.31     Subd. 1b.  [SPEED.] The uniform traffic ticket must provide 
 20.32  a blank or space wherein: 
 20.33     (1) an officer who issues a citation for a violation of 
 20.34  section 169.14, subdivision 2, paragraph (a), clause (3), must 
 20.35  specify whether the speed was greater than ten miles per hour in 
 20.36  excess of the lawful speed; 
 21.1      (2) an officer who issues a citation for exceeding a speed 
 21.2   limit of 60 miles per hour must specify whether the speed was 
 21.3   greater than five miles per hour in excess of the lawful speed; 
 21.4   and 
 21.5      (3) an officer who issues a citation for a violation of 
 21.6   section 169.14, subdivision 2, paragraph (a), clause (2), (4), 
 21.7   or (5), must specify whether the speed was greater than ten 
 21.8   miles per hour in excess of the lawful speed. 
 21.9      Sec. 21.  Minnesota Statutes 2002, section 171.05, 
 21.10  subdivision 1, is amended to read: 
 21.11     Subdivision 1.  [PERSON 18 OR MORE YEARS OF AGE.] Any 
 21.12  person who is 18 or more years of age and who, except for a lack 
 21.13  of instruction in operating a motor vehicle, would otherwise be 
 21.14  qualified to obtain a class D driver's license under this 
 21.15  chapter, may apply for an instruction permit and the department 
 21.16  shall issue such permit entitling the applicant, while having 
 21.17  such permit in immediate possession, to drive a motor vehicle 
 21.18  for which a class D license is valid upon the highways for a 
 21.19  period of one year two years, but such person must be 
 21.20  accompanied by an adult licensed driver who is actually 
 21.21  occupying a seat beside the driver.  Any license of a lower 
 21.22  class may be used as an instruction permit for a higher class 
 21.23  for a period of six months after passage of the written test or 
 21.24  tests required for the higher class and when the licensee is 
 21.25  accompanied by and receiving instruction from a holder of the 
 21.26  appropriate higher class license.  A copy of the record of 
 21.27  examination taken for the higher class license must be carried 
 21.28  by the driver while using such lower class license as an 
 21.29  instruction permit.  
 21.30     Sec. 22.  Minnesota Statutes 2002, section 171.05, 
 21.31  subdivision 2, is amended to read: 
 21.32     Subd. 2.  [PERSON LESS THAN 18 YEARS OF AGE.] (a) 
 21.33  Notwithstanding any provision in subdivision 1 to the contrary, 
 21.34  the department may issue an instruction permit to an applicant 
 21.35  who is 15, 16, or 17 years of age and who: 
 21.36     (1) has completed a course of driver education in another 
 22.1   state, has a previously issued valid license from another state, 
 22.2   or is enrolled in either: 
 22.3      (i) a public, private, or commercial driver education 
 22.4   program that is approved by the commissioner of public safety 
 22.5   and that includes classroom and behind-the-wheel training; or 
 22.6      (ii) an approved behind-the-wheel driver education program 
 22.7   when the student is receiving full-time instruction in a home 
 22.8   school within the meaning of sections 120A.22 and 120A.24, the 
 22.9   student is working toward a home-school diploma, the student's 
 22.10  status as a home-school student has been certified by the 
 22.11  superintendent of the school district in which the student 
 22.12  resides, and the student is taking home-classroom driver 
 22.13  training with classroom materials approved by the commissioner 
 22.14  of public safety; 
 22.15     (2) has completed the classroom phase of instruction in the 
 22.16  driver education program; 
 22.17     (3) has passed a test of the applicant's eyesight; 
 22.18     (4) has passed a department-administered test of the 
 22.19  applicant's knowledge of traffic laws; 
 22.20     (5) has completed the required application, which must be 
 22.21  approved by (i) either parent when both reside in the same 
 22.22  household as the minor applicant or, if otherwise, then (ii) the 
 22.23  parent or spouse of the parent having custody or, in the event 
 22.24  there is no court order for custody, then (iii) the parent or 
 22.25  spouse of the parent with whom the minor is living or, if items 
 22.26  (i) to (iii) do not apply, then (iv) the guardian having custody 
 22.27  of the minor or, in the event a person under the age of 18 has 
 22.28  no living father, mother, or guardian, or is married or 
 22.29  otherwise legally emancipated, then (v) the applicant's adult 
 22.30  spouse, adult close family member, or adult employer; provided, 
 22.31  that the approval required by this clause contains a 
 22.32  verification of the age of the applicant and the identity of the 
 22.33  parent, guardian, adult spouse, adult close family member, or 
 22.34  adult employer; and 
 22.35     (6) has paid the fee required in section 171.06, 
 22.36  subdivision 2. 
 23.1      (b) The instruction permit is valid for one year two years 
 23.2   from the date of application and may be renewed upon payment of 
 23.3   a fee equal to the fee for issuance of an instruction permit 
 23.4   under section 171.06, subdivision 2. 
 23.5      Sec. 23.  Minnesota Statutes 2002, section 171.12, 
 23.6   subdivision 6, is amended to read: 
 23.7      Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] The 
 23.8   department shall not keep on the record of a driver any 
 23.9   conviction for: 
 23.10     (1) a violation of section 169.14, subdivision 2, paragraph 
 23.11  (a), clause (3), unless the violation consisted of a speed 
 23.12  greater than ten miles per hour in excess of the lawful speed; 
 23.13     (2) a violation of a speed limit of 60 miles per hour 
 23.14  unless the violation consisted of a speed greater than five 
 23.15  miles per hour in excess of the lawful speed; or 
 23.16     (3) a violation of section 169.14, subdivision 2, paragraph 
 23.17  (a), clause (2), (4), or (5), unless the violation consisted of 
 23.18  a speed greater than ten miles per hour in excess of the lawful 
 23.19  speed. 
 23.20     Sec. 24.  Minnesota Statutes 2002, section 171.165, 
 23.21  subdivision 1, is amended to read: 
 23.22     Subdivision 1.  [FIRST VIOLATION.] Subject to section 
 23.23  171.166, the commissioner shall disqualify a person from 
 23.24  operating commercial motor vehicles for one year upon receiving 
 23.25  a record of the first conviction of the person for committing a 
 23.26  violation of any of the following offenses while operating a 
 23.27  commercial motor vehicle: 
 23.28     (1) section 169A.20 or 169A.31; 
 23.29     (2) section 169.09, subdivision 1 or 2; 
 23.30     (3) a felony, other than a felony described in subdivision 
 23.31  3, paragraph (a), clause (2), item (ii); 
 23.32     (4) driving with a revoked, suspended, canceled, denied, or 
 23.33  disqualified commercial driver's license; 
 23.34     (5) causing a fatality through the negligent or criminal 
 23.35  operation of a commercial motor vehicle; or 
 23.36     (6) an offense committed in another state that would be 
 24.1   grounds for disqualification under this subdivision or 
 24.2   subdivision 2 if committed in Minnesota. 
 24.3      Sec. 25.  Minnesota Statutes 2002, section 171.165, 
 24.4   subdivision 4, is amended to read: 
 24.5      Subd. 4.  [SERIOUS TRAFFIC VIOLATION.] On receiving a 
 24.6   record of conviction and subject to section 171.166, the 
 24.7   commissioner shall disqualify a person from operating commercial 
 24.8   motor vehicles for 60 days if the person is convicted of two 
 24.9   serious traffic violations, or 120 days if convicted of three 
 24.10  serious traffic violations.  The violations must involve 
 24.11  separate incidents and must have been committed in a commercial 
 24.12  motor vehicle within a three-year period.  For purposes of this 
 24.13  subdivision, a serious traffic violation includes the following: 
 24.14     (1) following too closely under section 169.18, subdivision 
 24.15  8; 
 24.16     (2) erratic lane change under sections 169.18, subdivisions 
 24.17  3 and 7; and 169.19, subdivision 4; 
 24.18     (3) operating the commercial vehicle at a speed 15 miles 
 24.19  per hour or more above the posted speed limit; 
 24.20     (4) reckless or careless driving under section 169.13; 
 24.21     (5) fleeing a peace officer under section 609.487; 
 24.22     (6) a violation of a moving traffic statute of Minnesota or 
 24.23  any state, or an ordinance in conformity with a Minnesota 
 24.24  statute, that arose in connection with a fatal accident; 
 24.25     (7) operating a commercial motor vehicle without the proper 
 24.26  class of commercial driver's license or endorsements for the 
 24.27  type of vehicle being operated; and 
 24.28     (8) operating a commercial motor vehicle without a 
 24.29  commercial driver's license in immediate possession, unless the 
 24.30  person provides proof to the court that, on the date of the 
 24.31  citation, the person held a valid commercial driver's license of 
 24.32  the proper class and with the proper endorsements. 
 24.33     Sec. 26.  Minnesota Statutes 2002, section 171.165, is 
 24.34  amended by adding a subdivision to read: 
 24.35     Subd. 8.  [ADOPTION OF FEDERAL REGULATIONS.] Code of 
 24.36  Federal Regulations, title 49, section 383.51, is incorporated 
 25.1   by reference. 
 25.2      Sec. 27.  Minnesota Statutes 2003 Supplement, section 
 25.3   171.20, subdivision 4, is amended to read: 
 25.4      Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
 25.5   reinstated, (1) a person whose driver's license has been 
 25.6   suspended under section 171.16, subdivision 2; 171.18, except 
 25.7   subdivision 1, clause (10); or 171.182, or who has been 
 25.8   disqualified from holding a commercial driver's license under 
 25.9   section 171.165, and (2) a person whose driver's license has 
 25.10  been suspended under section 171.186 and who is not exempt from 
 25.11  such a fee, must pay a fee of $20.  
 25.12     (b) Before the license is reinstated, a person whose 
 25.13  license has been suspended or revoked under sections 169.791 to 
 25.14  169.798 must pay a $20 reinstatement fee. 
 25.15     (c) When fees are collected by a licensing agent appointed 
 25.16  under section 171.061, a handling charge is imposed in the 
 25.17  amount specified under section 171.061, subdivision 4.  The 
 25.18  reinstatement fee and surcharge must be deposited in an approved 
 25.19  state depository as directed under section 171.061, subdivision 
 25.20  4.  
 25.21     (d) A suspension may be rescinded without fee for good 
 25.22  cause. 
 25.23     Sec. 28.  [171.324] [HAZARDOUS MATERIALS LICENSE 
 25.24  ENDORSEMENT BACKGROUND CHECKS.] 
 25.25     Subdivision 1.  [ENDORSEMENT; FEE; ACCOUNT; 
 25.26  APPROPRIATION.] (a) Before being issued or renewing a class C, 
 25.27  class B, or class A driver's license with a hazardous materials 
 25.28  endorsement, an applicant must comply with the federal 
 25.29  regulations incorporated in this section. 
 25.30     (b) The commissioner may charge the applicant a fee of up 
 25.31  to $100 to cover the department's actual costs of conducting the 
 25.32  required background check of persons applying for a Minnesota 
 25.33  driver's license with a hazardous materials endorsement.  The 
 25.34  proceeds of the fee must be deposited in an account in the 
 25.35  special revenue fund.  Money in the account is annually 
 25.36  appropriated to the commissioner to pay the actual costs 
 26.1   associated with conducting the required background checks. 
 26.2      Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
 26.3   107-56, section 1012, as implemented in Code of Federal 
 26.4   Regulations, title 49, part 1572, is incorporated by reference 
 26.5   except for sections 1572.9 and 1572.11. 
 26.6      Subd. 3.  [RULES.] The commissioner may adopt rules 
 26.7   pursuant to section 14.388, subdivision 1, clause (1), in order 
 26.8   to implement this section. 
 26.9      [EFFECTIVE DATE.] This section is effective the day 
 26.10  following final enactment. 
 26.11     Sec. 29.  [174.53] [TEN-TON COUNTY HIGHWAY SYSTEM.] 
 26.12     The commissioner shall develop a plan for a statewide 
 26.13  system of ten-ton county and county state-aid highways to, in 
 26.14  order of priority: 
 26.15     (1) support the commissioner's interregional corridor 
 26.16  system; 
 26.17     (2) provide greater efficiencies for forestry, agriculture, 
 26.18  and other industries in transporting their produce to market; 
 26.19  and 
 26.20     (3) provide new and existing manufacturing industries with 
 26.21  new growth opportunities. 
 26.22     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 26.23     Sec. 30.  Minnesota Statutes 2002, section 179A.03, 
 26.24  subdivision 7, is amended to read: 
 26.25     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 26.26  firefighters, peace officers subject to licensure under sections 
 26.27  626.84 to 626.863, 911 system and police and fire department 
 26.28  public safety dispatchers, guards at correctional facilities, 
 26.29  confidential employees, supervisory employees, assistant county 
 26.30  attorneys, assistant city attorneys, principals, and assistant 
 26.31  principals.  However, for state employees, "essential employee" 
 26.32  means all employees in law enforcement, public safety radio 
 26.33  communications operators, health care professionals, 
 26.34  correctional guards, professional engineering, and supervisory 
 26.35  collective bargaining units, irrespective of severance, and no 
 26.36  other employees.  For University of Minnesota employees, 
 27.1   "essential employee" means all employees in law enforcement, 
 27.2   nursing professional and supervisory units, irrespective of 
 27.3   severance, and no other employees.  "Firefighters" means 
 27.4   salaried employees of a fire department whose duties include, 
 27.5   directly or indirectly, controlling, extinguishing, preventing, 
 27.6   detecting, or investigating fires.  Employees for whom the state 
 27.7   court administrator is the negotiating employer are not 
 27.8   essential employees. 
 27.9      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 27.10     Sec. 31.  Minnesota Statutes 2002, section 179A.10, 
 27.11  subdivision 2, is amended to read: 
 27.12     Subd. 2.  [STATE EMPLOYEES.] Unclassified employees, unless 
 27.13  otherwise excluded, are included within the units which include 
 27.14  the classifications to which they are assigned for purposes of 
 27.15  compensation.  Supervisory employees shall only be assigned to 
 27.16  units 12 and 16.  The following are the appropriate units of 
 27.17  executive branch state employees:  
 27.18     (1) Law Enforcement Unit; 
 27.19     (2) Craft, Maintenance, and Labor unit; 
 27.20     (3) Service Unit; 
 27.21     (4) Health Care Nonprofessional Unit; 
 27.22     (5) Health Care Professional Unit; 
 27.23     (6) Clerical and Office Unit; 
 27.24     (7) Technical Unit; 
 27.25     (8) Correctional Guards Unit; 
 27.26     (9) State University Instructional Unit; 
 27.27     (10) State College Instructional Unit; 
 27.28     (11) State University Administrative Unit; 
 27.29     (12) Professional Engineering Unit; 
 27.30     (13) Health Treatment Unit; 
 27.31     (14) General Professional Unit; 
 27.32     (15) Professional State Residential Instructional Unit; and 
 27.33     (16) Supervisory Employees Unit; and 
 27.34     (17) Public Safety Radio Communications Operator Unit.  
 27.35     Each unit consists of the classifications or positions 
 27.36  assigned to it in the schedule of state employee job 
 28.1   classification and positions maintained by the commissioner.  
 28.2   The commissioner may only make changes in the schedule in 
 28.3   existence on the day prior to August 1, 1984, as required by law 
 28.4   or as provided in subdivision 4. 
 28.5      [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 28.6      Sec. 32.  Minnesota Statutes 2002, section 299D.08, is 
 28.7   amended to read: 
 28.8      299D.08 [TRAFFIC CITATION QUOTA PROHIBITED.] 
 28.9      The State Patrol or a law enforcement agency shall not 
 28.10  order, mandate, require, or suggest to a patrol trooper, 
 28.11  commercial vehicle inspector, or law compliance representative 
 28.12  that the patrol trooper, inspector, or representative issue a 
 28.13  certain number of traffic citations on a daily, weekly, monthly, 
 28.14  quarterly, or yearly quota basis. 
 28.15     Sec. 33.  Minnesota Statutes 2002, section 360.015, is 
 28.16  amended by adding a subdivision to read: 
 28.17     Subd. 6a.  [STATE AVIATION PLAN.] The commissioner must 
 28.18  prepare a 20-year state aviation plan that addresses all key and 
 28.19  intermediate airports in Minnesota.  The commissioner shall 
 28.20  consult with the Metropolitan Airports Commission in preparing 
 28.21  the plan.  The commissioner shall adopt the plan by January 1, 
 28.22  2006, and adopt an updated version of the plan every five years 
 28.23  thereafter. 
 28.24     Sec. 34.  Minnesota Statutes 2002, section 609.531, 
 28.25  subdivision 1, is amended to read: 
 28.26     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 28.27  609.531 to 609.5318, the following terms have the meanings given 
 28.28  them.  
 28.29     (a) "Conveyance device" means a device used for 
 28.30  transportation and includes, but is not limited to, a motor 
 28.31  vehicle, trailer, snowmobile, airplane, and vessel and any 
 28.32  equipment attached to it.  The term "conveyance device" does not 
 28.33  include property which is, in fact, itself stolen or taken in 
 28.34  violation of the law.  
 28.35     (b) "Weapon used" means a dangerous weapon as defined under 
 28.36  section 609.02, subdivision 6, that the actor used or had in 
 29.1   possession in furtherance of a crime.  
 29.2      (c) "Property" means property as defined in section 609.52, 
 29.3   subdivision 1, clause (1).  
 29.4      (d) "Contraband" means property which is illegal to possess 
 29.5   under Minnesota law.  
 29.6      (e) "Appropriate agency" means the Bureau of Criminal 
 29.7   Apprehension, the Minnesota Division of Driver and Vehicle 
 29.8   Services, the Minnesota State Patrol, a county sheriff's 
 29.9   department, the Suburban Hennepin Regional Park District park 
 29.10  rangers, the Department of Natural Resources Division of 
 29.11  Enforcement, the University of Minnesota Police Department, or a 
 29.12  city or airport police department.  
 29.13     (f) "Designated offense" includes:  
 29.14     (1) for weapons used:  any violation of this chapter, 
 29.15  chapter 152, or chapter 624; 
 29.16     (2) for driver's license or identification card 
 29.17  transactions:  any violation of section 171.22; and 
 29.18     (3) for all other purposes:  a felony violation of, or a 
 29.19  felony-level attempt or conspiracy to violate, section 325E.17; 
 29.20  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 29.21  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 29.22  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 29.23  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 29.24  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 29.25  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 29.26  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 29.27  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 29.28  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 29.29  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 29.30  609.895; 617.246; or a gross misdemeanor or felony violation of 
 29.31  section 609.891 or 624.7181; or any violation of section 609.324.
 29.32     (g) "Controlled substance" has the meaning given in section 
 29.33  152.01, subdivision 4.  
 29.34     Sec. 35.  [TRANSITION.] 
 29.35     Subdivision 1.  [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 
 29.36  The commissioner of the Bureau of Mediation Services shall 
 30.1   assign the job classifications and positions of employees 
 30.2   working as public safety radio communications operators to state 
 30.3   employee bargaining unit 17. 
 30.4      Subd. 2.  [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 
 30.5   and conditions of the collective bargaining agreement, memoranda 
 30.6   of understanding, or other salary and benefit provisions 
 30.7   covering public safety radio communications operators 
 30.8   immediately before the effective date of this section remain in 
 30.9   effect until a successor agreement between the commissioner of 
 30.10  employee relations and the exclusive representative of 
 30.11  bargaining unit 17 becomes effective, subject to Minnesota 
 30.12  Statutes, section 179A.20, subdivision 6. 
 30.13     Subd. 3.  [EXCLUSIVE REPRESENTATIVE.] The employee 
 30.14  organization that is the exclusive representative of employees 
 30.15  assigned to bargaining unit 17 on the day before the effective 
 30.16  date of this section must be certified by the commissioner of 
 30.17  the Bureau of Mediation Services as the exclusive representative 
 30.18  of newly created bargaining unit 17, subject to future changes 
 30.19  as provided in Minnesota Statutes, section 179A.12.  For 
 30.20  employees assigned to bargaining unit 17, the exclusive 
 30.21  representative retains all rights and obligations under the 
 30.22  contract governing these employees immediately before the 
 30.23  effective date of this section, so long as that contract 
 30.24  continues to apply to those employees. 
 30.25     [EFFECTIVE DATE.] This section is effective July 1, 2004.  
 30.26     Sec. 36.  [REPORT REQUIRED.] 
 30.27     The commissioner of transportation shall conduct 
 30.28  engineering and traffic investigations of speeds on trunk 
 30.29  highways and interstate freeways that (1) are part of the United 
 30.30  States highway numbering system, and (2) have a speed limit of 
 30.31  55 miles per hour in the case of trunk highways and 70 miles per 
 30.32  hour in the case of interstate freeways.  After conducting the 
 30.33  engineering and traffic investigation on any such highway, the 
 30.34  commissioner shall designate a speed limit of 60 miles per hour 
 30.35  on trunk highways and 75 miles per hour on interstate freeways 
 30.36  if the commissioner determines on the basis of the investigation 
 31.1   that such a speed limit is reasonable, safe, and unlikely to 
 31.2   raise the medical costs associated with motor vehicle crashes.  
 31.3   The commissioner shall report by February 1, 2005, to the chairs 
 31.4   of the legislative committees having jurisdiction over 
 31.5   transportation policy and finance on each highway on which the 
 31.6   commissioner has conducted an engineering and traffic 
 31.7   investigation under this section, and in each case describe the 
 31.8   results of the investigation and the commissioner's ensuing 
 31.9   action. 
 31.10     Sec. 37.  [NOT TO AFFECT BRIDGE POSTINGS.] 
 31.11     Nothing in sections 17 and 19 authorizes operation of any 
 31.12  vehicle on any bridge in violation of gross weight limitations 
 31.13  lawfully posted for that bridge. 
 31.14     Sec. 38.  [EFFECTIVE DATE.] 
 31.15     Sections 15, 20, 23, and 36 are effective June 1, 2004.