1.1 	A bill for an act
1.2 	relating to transportation; providing for enhanced
1.3 	roadside wildlife habitat; modifying eligibility
1.4 	criteria for certain business signs; modifying
1.5 	provisions relating to state-aid highways and streets,
1.6 	traffic signals, and railroads in quiet zones;
1.7 	removing expiration for commuter rail corridor
1.8 	coordinating committee; designating Purple Heart
1.9 	Memorial Highway, Veterans Memorial Bridge, and
1.10 	Biauswah Bridge; redefining Paul Bunyan Expressway;
1.11 	defining commercial motor vehicle; clarifying
1.12 	provision governing passing on the right; authorizing
1.13 	day activity center buses to operate certain school
1.14 	bus warning equipment under certain circumstances;
1.15 	permitting display of certain slow-moving vehicle
1.16 	signs that are visible at night; regulating vehicle
1.17 	wheel flaps; requiring certain vehicles up to 80,000
1.18 	pounds to have access to terminals and facilities;
1.19 	requiring training for peace officers who engage in
1.20 	vehicle weight enforcement; providing for two-year
1.21 	instruction permits; clarifying authority of
1.22 	commissioner of public safety to deny limited driver's
1.23 	license; designating Roussain Cemetery; repealing
1.24 	provisions regulating motor bicycle rental businesses;
1.25 	making technical and clarifying changes; amending
1.26 	Minnesota Statutes 2004, sections 160.232; 160.80,
1.27 	subdivision 1a; 161.14, subdivision 25, by adding
1.28 	subdivisions; 162.02, subdivisions 2, 3a; 162.09,
1.29 	subdivisions 2, 3a; 162.14, subdivision 6; 169.01,
1.30 	subdivision 75; 169.06, subdivisions 5, 6; 169.18,
1.31 	subdivision 4; 169.28, subdivision 2; 169.448, by
1.32 	adding a subdivision; 169.522; 169.733; 169.824,
1.33 	subdivision 2; 169.85, subdivisions 1, 6; 171.01,
1.34 	subdivision 22; 171.05, subdivisions 1, 2; 171.30,
1.35 	subdivision 1; 174.86, subdivision 5; 219.166;
1.36 	219.567; proposing coding for new law in Minnesota
1.37 	Statutes, chapter 162; repealing Minnesota Statutes
1.38 	2004, sections 168.831; 168.832; 168.833; 168.834;
1.39 	168.835; 168.836; 168.837.
1.40 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.41 	ARTICLE 1
1.42 	DEPARTMENT OF TRANSPORTATION

2.1 	Section 1. Minnesota Statutes 2004, section 160.80,
2.2 	subdivision 1a, is amended to read:
2.3 		Subd. 1a.Eligibility criteria for business panels.  (a)
2.4 	To be eligible for a business panel on a logo sign panel, a
2.5 	business establishment must:
2.6 	(1) be open for business;
2.7 	(2) have a sign on site that both identifies the business
2.8 	and is visible to motorists;
2.9 	(3) be open to everyone, regardless of race, religion,
2.10 	color, age, sex, national origin, creed, marital status, sexual
2.11 	orientation, or disability;
2.12 	(4) not impose a cover charge or otherwise require
2.13 	customers to purchase additional products or services; and
2.14 	(5) meet the appropriate criteria in paragraphs (b) to (e).
2.15 	(b) Gas businesses must provide vehicle services including
2.16 	fuel and oil; restroom facilities and drinking water;
2.17 	continuous, staffed operation at least 12 hours a day, seven
2.18 	days a week; and public access to a telephone.
2.19 	(c) Food businesses must serve at least two meals a day
2.20 	during normal mealtimes of breakfast, lunch, and dinner; provide
2.21 	a continuous, staffed food service operation at least ten hours
2.22 	a day, seven days a week except holidays as defined in section
2.23 	645.44, subdivision 5, and except as provided for seasonal food
2.24 	service businesses; provide seating capacity for at least 20
2.25 	people; serve meals prepared on the premises;and possess any
2.26 	required state or local licensing or approval. Reheated,
2.27 	prepackaged, ready-to-eat food is not "food prepared on the
2.28 	premises." Seasonal food service businesses must provide a
2.29 	continuous, staffed food service operation at least ten hours a
2.30 	day, seven days a week, during their months of operation.
2.31 	(d) Lodging businesses must include sleeping
2.32 	accommodations, provide public access to a telephone, and
2.33 	possess any required state or local licensing or approval.
2.34 	(e) Camping businesses must include sites for camping,
2.35 	include parking accommodations for each campsite, provide
2.36 	sanitary facilities and drinking water, and possess any required
3.1 	state or local licensing or approval.
3.2 	(f) Businesses that do not meet the appropriate criteria in
3.3 	paragraphs (b) to (e) but that have a signed lease as of January
3.4 	1, 1998, may retain the business panel until December 31, 2005,
3.5 	or until they withdraw from the program, whichever occurs first,
3.6 	provided they continue to meet the criteria in effect in the
3.7 	department's contract with the logo sign vendor on August 1,
3.8 	1995.  After December 31, 2005, or after withdrawing from the
3.9 	program, a business must meet the appropriate criteria in
3.10 	paragraphs (a) to (e) to qualify for a business panel.
3.11 	(g) Seasonal businesses must indicate to motorists when
3.12 	they are open for business by either putting the full months of
3.13 	operation directly on the business panel or by having a "closed"
3.14 	plaque applied to the business panel when the business is closed
3.15 	for the season.
3.16 	(h) The maximum distance that an eligible business in
3.17 	Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
3.18 	county can be located from the interchange is:  for gas
3.19 	businesses, one mile; for food businesses, two miles; for
3.20 	lodging businesses, three miles; and for camping businesses, ten
3.21 	miles.
3.22 	(i) The maximum distance that an eligible business in any
3.23 	other county can be located from the interchange shall not
3.24 	exceed 15 miles in either direction.
3.25 	(j) Logo sign panels must be erected so that motorists
3.26 	approaching an interchange view the panels in the following
3.27 	order:  camping, lodging, food, gas.
3.28 	(k) If there is insufficient space on a logo sign panel to
3.29 	display all eligible businesses for a specific type of service,
3.30 	the businesses closest to the interchange have priority over
3.31 	businesses farther away from the interchange.

3.32 	Sec. 2. Minnesota Statutes 2004, section 162.02,
3.33 	subdivision 2, is amended to read:
3.34 		Subd. 2.Rules; advisory committee.  (a) The rules shall
3.35 	be made and promulgated by the commissioner acting with the
3.36 	advice of a committee which shall be selected by the several
4.1 	county boards acting through the officers of the statewide
4.2 	association of county commissioners.  The committee shall be
4.3 	composed of nine members so selected that each member shall be
4.4 	from a different state highway construction district.  Not more
4.5 	than five of the nine members of the committee shall be county
4.6 	commissioners.  The remaining members shall be county highway
4.7 	engineers.  In the event that agreement cannot be reached on any
4.8 	rule, the commissioner's determination shall be final.  The
4.9 	rules shall be printed and copies thereof shall be forwarded to
4.10 	the county engineers of the several counties. For the purposes
4.11 	of this section, the expedited process for adopting rules
4.12 	established in section 14.389 may be used.
4.13 	(b) Notwithstanding section 15.059, subdivision 5, the
4.14 	committee does not expire.

4.15 	Sec. 3. Minnesota Statutes 2004, section 162.02,
4.16 	subdivision 3a, is amended to read:
4.17 		Subd. 3a.Variances from rules and engineering
4.18 	standards.  The commissioner may grant variances from the rules
4.19 	and from the engineering standards developed pursuant to section
4.20 	162.021 or 162.07, subdivision 2.  A political subdivision in
4.21 	which a county state-aid highway is located or is proposed to be
4.22 	located may submit a written request to the commissioner for a
4.23 	variance for that highway.  The commissioner shall publish
4.24 	notice of the request in the State Register and give notice to
4.25 	all persons known to the commissioner to have an interest in the
4.26 	matter.  The commissioner may grant or deny the variance within
4.27 	30 days of providing notice of the request.  If a written
4.28 	objection to the request is received within 20 seven days of
4.29 	providing notice, the variance shall be granted or denied only
4.30 	after a contested case hearing has been held on the request.  If
4.31 	no timely objection is received and the variance is denied
4.32 	without hearing, the political subdivision may request, within
4.33 	30 days of receiving notice of denial, and shall be granted a
4.34 	contested case hearing.  For purposes of this subdivision,
4.35 	"political subdivision" includes (1) an agency of a political
4.36 	subdivision which has jurisdiction over parks, and (2) a
5.1 	regional park authority.

5.2 	Sec. 4. Minnesota Statutes 2004, section 162.09,
5.3 	subdivision 2, is amended to read:
5.4 		Subd. 2.Rules; advisory committee.  (a) The rules shall
5.5 	be made and promulgated by the commissioner acting with the
5.6 	advice of a committee which shall be selected by the governing
5.7 	bodies of such cities, acting through the officers of the
5.8 	statewide association of municipal officials.  The committee
5.9 	shall be composed of 12 members, so selected that there shall be
5.10 	one member from each state highway construction district and in
5.11 	addition one member from each city of the first class.  Not more
5.12 	than six members of the committee shall be elected officials of
5.13 	the cities.  The remaining members of the committee shall be
5.14 	city engineers.  In the event that agreement cannot be reached
5.15 	on any rule the commissioner's determination shall be final.
5.16 	The rules shall be printed and copies thereof shall be forwarded
5.17 	to the clerks and engineers of the cities. For the purposes of
5.18 	this section, the expedited process for adopting rules
5.19 	established in section 14.389 may be used.
5.20 	(b) Notwithstanding section 15.059, subdivision 5, the
5.21 	committee does not expire.

5.22 	Sec. 5. Minnesota Statutes 2004, section 162.09,
5.23 	subdivision 3a, is amended to read:
5.24 		Subd. 3a.Variances from rules and engineering
5.25 	standards.  The commissioner may grant variances from the rules
5.26 	and from the engineering standards developed pursuant to section
5.27 	162.13, subdivision 2.  A political subdivision in which a
5.28 	municipal state-aid street is located or is proposed to be
5.29 	located may submit a written request to the commissioner for a
5.30 	variance for that street.  The commissioner shall publish notice
5.31 	of the request in the State Register and give notice to all
5.32 	persons known to the commissioner to have an interest in the
5.33 	matter.  The commissioner may grant or deny the variance within
5.34 	30 days of providing notice of the request.  If a written
5.35 	objection to the request is received within 20 seven days of
5.36 	providing notice, the variance shall be granted or denied only
6.1 	after a contested case hearing has been held on the request.  If
6.2 	no timely objection is received and the variance is denied
6.3 	without hearing, the political subdivision may request, within
6.4 	30 days of receiving notice of denial, and shall be granted a
6.5 	contested case hearing.  For purposes of this subdivision,
6.6 	"political subdivision" includes (1) an agency of a political
6.7 	subdivision which has jurisdiction over parks, and (2) a
6.8 	regional park authority.

6.9 	Sec. 6. Minnesota Statutes 2004, section 162.14,
6.10 	subdivision 6, is amended to read:
6.11 		Subd. 6.Advances.  Any such city may make advances from
6.12 	any funds available to it for the purpose of expediting the
6.13 	construction, reconstruction, improvement, or maintenance of its
6.14 	municipal state-aid street system; provided that such advances
6.15 	shall not exceed the city's total estimated apportionment for
6.16 	the three years following the year the advance is made.
6.17 	Advances made by any such city shall be repaid out of subsequent
6.18 	apportionments made to such city in accordance with the
6.19 	commissioner's rules.

6.20 	Sec. 7. [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
6.21 	STATE.
6.22 	When a county state-aid highway route is so located that in
6.23 	order to achieve the designated objectives the commissioner
6.24 	determines that it is necessary to construct the highway across
6.25 	a portion of another county or state, the county initiating the
6.26 	construction is authorized to spend county state-aid highway
6.27 	funds for that purpose in the same manner as other expenditures
6.28 	for county state-aid highway purposes are made.  No part of that
6.29 	highway may be constructed in another county until both counties
6.30 	approve the construction.

6.31 	Sec. 8. [162.091] CONSTRUCTION ACROSS ANOTHER
6.32 	MUNICIPALITY OR STATE.
6.33 	When a municipal state-aid street route is so located that
6.34 	in order to achieve the designated objectives the commissioner
6.35 	determines that it is necessary to construct the street across a
6.36 	portion of another municipality or state, the municipality
7.1 	initiating the construction is authorized to spend municipal
7.2 	state-aid street funds for that purpose in the same manner as
7.3 	other expenditures for municipal state-aid street purposes are
7.4 	made.  No part of that street may be constructed in another
7.5 	municipality until both municipalities approve the construction.

7.6 	Sec. 9. Minnesota Statutes 2004, section 169.06,
7.7 	subdivision 5, is amended to read:
7.8 		Subd. 5.Traffic-control signal.  (a) Whenever traffic is
7.9 	controlled by traffic-control signals exhibiting different
7.10 	colored lights, or colored lighted arrows, successively one at a
7.11 	time or in combination, only the colors Green, Red, and Yellow
7.12 	shall be used, except for special pedestrian signals carrying a
7.13 	word or legend, and said .  The traffic-control signal lights
7.14 	shall or colored lighted arrows indicate and apply to drivers of
7.15 	vehicles and pedestrians as follows:
7.16 	(1) Green indication:
7.17 	(i) Vehicular traffic facing a circular green signal may
7.18 	proceed straight through or turn right or left unless a sign at
7.19 	such place prohibits either such turn.  But vehicular traffic,
7.20 	including vehicles turning right or left, shall yield the
7.21 	right-of-way to other vehicles and to pedestrians lawfully
7.22 	within the intersection or adjacent crosswalk at the time such 
7.23 	this signal is exhibited.
7.24 	(ii) Vehicular traffic facing a green arrow signal, shown
7.25 	alone or in combination with another indication, may cautiously
7.26 	enter the intersection only to make the movement indicated by
7.27 	such the arrow, or such other movement as is permitted by other
7.28 	indications shown at the same time.  Such vehicular traffic
7.29 	shall yield the right-of-way to pedestrians lawfully within an
7.30 	adjacent crosswalk and to other traffic lawfully using the
7.31 	intersection.
7.32 	(iii) Unless otherwise directed by a pedestrian-control
7.33 	signal as provided in subdivision 6, pedestrians facing any
7.34 	green signal, except when the sole green signal is a turn arrow,
7.35 	may proceed across the roadway within any marked or unmarked
7.36 	crosswalk. Every driver of a vehicle shall yield the
8.1 	right-of-way to such pedestrian, except that the pedestrian
8.2 	shall yield the right-of-way to vehicles lawfully within the
8.3 	intersection at the time that the green signal indication is
8.4 	first shown.
8.5 	(2) Steady yellow indication:
8.6 	(i) Vehicular traffic facing a circular yellow signal is
8.7 	thereby warned that the related green movement is being
8.8 	terminated or that a red indication will be exhibited
8.9 	immediately thereafter when vehicular traffic shall must not
8.10 	enter the intersection, except for the continued movement
8.11 	allowed by any green arrow indication simultaneously exhibited.
8.12 	(ii) Pedestrians facing a circular yellow signal, unless
8.13 	otherwise directed by a pedestrian-control signal as provided in
8.14 	subdivision 6, are thereby advised that there is insufficient
8.15 	time to cross the roadway before a red indication is shown and
8.16 	no pedestrian shall then start to cross the roadway.
8.17 	(iii) Vehicular traffic facing a steady yellow arrow signal
8.18 	is thereby warned that the protected vehicular movement
8.19 	permitted by the corresponding prior green arrow indication is
8.20 	being terminated.
8.21 	(3) Steady red indication:
8.22 	(i) Vehicular traffic facing a circular red signal alone
8.23 	shall must stop at a clearly marked stop line,but,if none,
8.24 	before entering the crosswalk on the near side of the
8.25 	intersection,or,if none, then before entering the intersection
8.26 	and shall remain standing until a green indication is shown,
8.27 	except as follows:  (A) the driver of a vehicle which is stopped
8.28 	as close as practicable at the entrance to the crosswalk on the
8.29 	near side of the intersection or, if none, then at the entrance
8.30 	to the intersection in obedience to a red or stop signal, and
8.31 	with the intention of making a right turn may make such the 
8.32 	right turn, after stopping, unless an official sign has been
8.33 	erected prohibiting such movement, but shall yield the
8.34 	right-of-way to pedestrians and other traffic lawfully
8.35 	proceeding as directed by the signal at said that intersection;
8.36 	or (B) the driver of a vehicle on a one-way street which
9.1 	intersects intersecting another one-way street on which traffic
9.2 	moves to the left shall stop in obedience to a red or stop
9.3 	signal and may then make a left turn into said the one-way
9.4 	street, unless an official sign has been erected prohibiting the
9.5 	movement, but shall yield the right-of-way to pedestrians and
9.6 	other traffic lawfully proceeding as directed by the signal at
9.7 	said that intersection.
9.8 	(ii) Unless otherwise directed by a pedestrian-control
9.9 	signal as provided in subdivision 6, pedestrians facing a steady
9.10 	red signal alone shall not enter the roadway.
9.11 	(iii) Vehicular traffic facing a steady red arrow signal,
9.12 	with the intention of making a movement indicated by the arrow,
9.13 	shall must stop at a clearly marked stop line,but,if none,
9.14 	before entering the crosswalk on the near side of the
9.15 	intersection,or,if none, then before entering the intersection
9.16 	and shall must remain standing until a permissive signal
9.17 	indication permitting the movement indicated by the red arrow is
9.18 	displayed, except as follows:  when an official sign has been
9.19 	erected permitting a turn on a red arrow signal, the vehicular
9.20 	traffic facing a red arrow signal indication is permitted to
9.21 	enter the intersection to turn right, or to turn left from a
9.22 	one-way street into a one-way street on which traffic moves to
9.23 	the left, after stopping, but must yield the right-of-way to
9.24 	pedestrians and other traffic lawfully proceeding as directed by
9.25 	the signal at that intersection.
9.26 	(b) In the event an official traffic-control signal is
9.27 	erected and maintained at a place other than an intersection,
9.28 	the provisions of this section are applicable except those which
9.29 	can have no application.  Any stop required shall must be made
9.30 	at a sign or marking on the pavement indicating where the
9.31 	stop shall must be made, but in the absence of any such sign or
9.32 	marking the stop shall must be made at the signal.
9.33 	(c) When a traffic-control signal indication or indications
9.34 	placed to control a certain movement or lane are so identified
9.35 	by placing a sign near the indication or indications, no other
9.36 	traffic-control signal indication or indications within the
10.1 	intersection shall control controls vehicular traffic for
10.2 	such that movement or lane.

10.3 	Sec. 10. Minnesota Statutes 2004, section 169.06,
10.4 	subdivision 6, is amended to read:
10.5 		Subd. 6.Pedestrian control signal.  (a) Whenever special
10.6 	pedestrian-control signals exhibiting the words "Walk" or "Don't
10.7 	Walk" or symbols of a "walking person" or "upraised hand" are in
10.8 	place such , the signals shall or symbols indicate as follows:
10.9 	(1) A steady "Walk," flashing or steady.  Pedestrians 
10.10 	signal or the symbol of a "walking person" indicates that a
10.11 	pedestrian facing such either of these signals may proceed
10.12 	across the roadway in the direction of the signal, possibly in
10.13 	conflict with turning vehicles. Every driver of a vehicle shall
10.14 	yield the right-of-way to such pedestrian except that the
10.15 	pedestrian shall yield the right-of-way to vehicles lawfully
10.16 	within the intersection at the time that either signal
10.17 	indication is first shown.
10.18 	(2) A "Don't Walk," signal or the symbol of an "upraised
10.19 	hand," flashing or steady.  No , indicates that a pedestrian
10.20 	shall not start to cross the roadway in the direction of such
10.21 	signals either signal, but any pedestrian who has partially
10.22 	crossed on the "Walk" or "walking person" signal indication 
10.23 	shall proceed to a sidewalk or safety island while the "Don't
10.24 	Walk" signal is showing.
10.25 	(b) A pedestrian crossing a roadway in conformity with this
10.26 	section is lawfully within the intersection and, when in a
10.27 	crosswalk, is lawfully within the crosswalk.

10.28 	Sec. 11. Minnesota Statutes 2004, section 169.28,
10.29 	subdivision 2, is amended to read:
10.30 		Subd. 2.Exempt crossing.  (a) The commissioner may
10.31 	designate a crossing as an exempt crossing if the crossing is:
10.32 	(1) if the crossing is on a rail line on which service has
10.33 	been abandoned; or 
10.34 	(2) if the crossing is on a rail line that carries fewer
10.35 	than five trains each year, traveling at speeds of ten miles per
10.36 	hour or less; or 
11.1 	(3) as agreed to by the operating railroad and the
11.2 	Department of Transportation, following a diagnostic review of
11.3 	the crossing.
11.4 	(b) The commissioner shall direct the railroad to erect at
11.5 	the crossing signs bearing the word "Exempt" that conform to
11.6 	section 169.06.  The installation or presence of an exempt sign
11.7 	does not relieve a driver of the duty to use due care.  A train
11.8 	must not proceed across an exempt crossing unless a police
11.9 	officer is present to direct traffic or a railroad employee is
11.10 	on the ground to warn traffic until the train enters the
11.11 	crossing.
11.12 	(c) A vehicle that must stop at grade crossings under
11.13 	subdivision 1 is not required to stop at a marked exempt
11.14 	crossing unless directed otherwise by a police officer or a
11.15 	railroad employee.

11.16 	Sec. 12. Minnesota Statutes 2004, section 174.86,
11.17 	subdivision 5, is amended to read:
11.18 		Subd. 5.Commuter rail corridor coordinating committee.
 11.19 	(a) A Commuter Rail Corridor Coordinating Committee shall be
11.20 	established to advise the commissioner on issues relating to the
11.21 	alternatives analysis, environmental review, advanced corridor
11.22 	planning, preliminary engineering, final design, implementation
11.23 	method, construction of commuter rail, public involvement, land
11.24 	use, service, and safety.  The Commuter Rail Corridor
11.25 	Coordinating Committee shall consist of:
11.26 	(1) one member representing each significant funding
11.27 	partner in whose jurisdiction the line or lines are located;
11.28 	(2) one member appointed by each county in which the
11.29 	corridors are located;
11.30 	(3) one member appointed by each city in which advanced
11.31 	corridor plans indicate that a station may be located;
11.32 	(4) two members appointed by the commissioner, one of whom
11.33 	shall be designated by the commissioner as the chair of the
11.34 	committee;
11.35 	(5) one member appointed by each metropolitan planning
11.36 	organization through which the commuter rail line may pass; and
12.1 	(6) one member appointed by the president of the University
12.2 	of Minnesota, if a designated corridor provides direct service
12.3 	to the university.
12.4 	(b) A joint powers board existing on April 1, 1999,
12.5 	consisting of local governments along a commuter rail corridor,
12.6 	shall perform the functions set forth in paragraph (a) in place
12.7 	of the committee.
12.8 	(c) Notwithstanding section 15.059, subdivision 5, the
12.9 	committee does not expire.
12.10 	
EFFECTIVE DATE. This section is effective retroactively
12.11 	from June 30, 2003.  All actions taken in reliance on Minnesota
12.12 	Statutes, section 15.059 or 174.86, are ratified by the
12.13 	enactment of this section.

12.14 	Sec. 13. Minnesota Statutes 2004, section 219.166, is
12.15 	amended to read:
12.16 	219.166 ESTABLISHMENT OF QUIET ZONES.
12.17 	A county, statutory or home rule charter city, or town may
12.18 	by ordinance establish a defined apply to the Federal Railroad
12.19 	Administration for the establishment of a "quiet zone" in which
12.20 	the sounding of horns, whistles, or other audible warnings by
12.21 	locomotives is regulated or prohibited. A quiet zone
12.22 	established under this section must consist of at least one-half
12.23 	mile of railroad right-of-way.All quiet zones, regulations,
12.24 	and ordinances adopted under this section must conform to
12.25 	federal law and the regulations of the Federal Railroad
12.26 	Administration under United States Code, title 49, section 20153.

12.27 	Sec. 14. Minnesota Statutes 2004, section 219.567, is
12.28 	amended to read:
12.29 	219.567 FAILURE TO RING BELL.
12.30 	An engineer driving a locomotive on a railway who fails (1) 
12.31 	to ring the bell or sound the whistle on the locomotive, or have
12.32 	it rung or sounded, at least 80 rods from a place where the
12.33 	railway crosses a traveled road or street on the same level,
12.34 	except in cities, or (2) to continue ringing the bell or
12.35 	sounding the whistle at intervals until the locomotive and
12.36 	attached train have completely crossed the road or street,in
13.1 	accordance with Federal Railroad Administration regulations
13.2 	under United States Code, title 49, section 20153,is guilty of
13.3 	a misdemeanor.

13.4 	Sec. 15. RULE CHANGE; INSTRUCTION TO REVISOR.
 13.5 	The revisor of statutes shall change Minnesota Rules, part
13.6 	8820.3300, subpart 2, to require that comments be directed to
13.7 	the commissioner of transportation in conformity with the same
13.8 	period allowed for written objections to be received by the
13.9 	commissioner under this act's amendments to Minnesota Statutes
13.10 	2004, sections 162.02, subdivision 3a, and 162.09, subdivision
13.11 	3a.  The rule change is effective the same day as the effective
13.12 	date of this act's amendments to Minnesota Statutes 2004,
13.13 	sections 162.02, subdivision 3a, and 162.09, subdivision 3a.

13.14 	ARTICLE 2
13.15 	TRANSPORTATION POLICY

13.16 	Section 1. Minnesota Statutes 2004, section 160.232, is
13.17 	amended to read:
13.18 	160.232 MOWING DITCHES OUTSIDE CITIES.
13.19 	(a) In order to provide enhanced roadside habitat for
13.20 	nesting birds and other small wildlife,road authorities may not
13.21 	mow or till the right-of-way of a highway located outside of a
13.22 	home rule charter or statutory city except as allowed in this
13.23 	section and section 160.23.
13.24 	(b) On any highway, the first eight feet away from the road
13.25 	surface, or shoulder if one exists, may be mowed at any time.
13.26 	(c) An entire right-of-way may be mowed after July 31.
13.27 	From August 31 to the following July 31, the entire right-of-way
13.28 	may only be mowed if necessary for safety reasons, and may not
13.29 	be mowed to a height of less than 12 inches.
13.30 	(d) A right-of-way may be mowed as necessary to maintain
13.31 	sight distance for safety and may be mowed at other times under
13.32 	rules of the commissioner, or by ordinance of a local road
13.33 	authority not conflicting with the rules of the commissioner.
13.34 	(e) A right-of-way may be mowed, burned, or tilled to
13.35 	prepare the right-of-way for the establishment of permanent
13.36 	vegetative cover or for prairie vegetation management.
14.1 	(f) When feasible, road authorities are encouraged to
14.2 	utilize low maintenance, native vegetation that reduces the need
14.3 	to mow, provides wildlife habitat, and maintains public safety.
14.4 	(g) The commissioner of natural resources shall cooperate
14.5 	with the commissioner of transportation to provide enhanced
14.6 	roadside habitat for nesting birds and other small wildlife.

14.7 	Sec. 2. Minnesota Statutes 2004, section 161.14,
14.8 	subdivision 25, is amended to read:
14.9 		Subd. 25.Paul bunyan expressway.  That portion of Trunk
14.10 	Highway marked 371 from Little Falls to its intersection with
14.11 	Trunk Highway marked 2 in Cass Lake, except for that portion
14.12 	named in subdivision 45, and that portion of Trunk Highway
14.13 	marked 2 from its intersection with Trunk Highway marked 371 in
14.14 	Cass Lake to Bemidji, is named and designated the "Paul Bunyan
14.15 	Expressway."  The commissioner shall adopt a suitable marking
14.16 	design to mark this highway and shall erect the appropriate
14.17 	signs.

14.18 	Sec. 3. Minnesota Statutes 2004, section 161.14, is
14.19 	amended by adding a subdivision to read:
14.20 		Subd. 50.Purple heart memorial highway. (a) Except for
14.21 	that portion designated under subdivision 45, the route signed
14.22 	as Trunk Highway 371 on the effective date of this subdivision,
14.23 	from its intersection with U. S. Highway 10 near the city of
14.24 	Little Falls to its intersection with U. S. Highway 2 in the
14.25 	city of Cass Lake, is named and designated the "Purple Heart
14.26 	Memorial Highway." 
14.27 	(b) Subject to the provisions of section 161.139, the
14.28 	commissioner shall adopt a suitable marking design to mark the
14.29 	highway and shall erect the appropriate signs.

14.30 	Sec. 4. Minnesota Statutes 2004, section 161.14, is
14.31 	amended by adding a subdivision to read:
14.32 		Subd. 51.Veterans memorial bridge. The interstate
14.33 	bridge on marked Trunk Highway 10 connecting the city of
14.34 	Moorhead with the city of Fargo, North Dakota, is named and
14.35 	designated the Veterans Memorial Bridge.  The commissioner of
14.36 	transportation shall adopt a suitable marking design to mark
15.1 	this bridge and erect appropriate signs, subject to section
15.2 	161.139.

15.3 	Sec. 5. Minnesota Statutes 2004, section 161.14, is
15.4 	amended by adding a subdivision to read:
15.5 		Subd. 52.Biauswah bridge. The bridge over the St. Louis
15.6 	River that is part of Legislative Route No. 185, marked as Trunk
15.7 	Highway 23 on the effective date of this section, is named and
15.8 	designated "Biauswah Bridge In Honor of Native American
15.9 	Veterans."  After consulting with the Fond du Lac Band of Lake
15.10 	Superior Chippewa, the commissioner of transportation shall
15.11 	adopt a suitable marking design to memorialize this bridge and
15.12 	shall erect the appropriate signs, subject to section 161.139.

15.13 	Sec. 6. Minnesota Statutes 2004, section 169.01,
15.14 	subdivision 75, is amended to read:
15.15 		Subd. 75.Commercial motor vehicle.  (a) "Commercial
15.16 	motor vehicle" means a motor vehicle or combination of motor
15.17 	vehicles used to transport passengers or property if the motor
15.18 	vehicle:
15.19 	(1) has a gross vehicle weight of more than 26,000 pounds;
15.20 	(2) has a towed unit with a gross vehicle weight of more
15.21 	than 10,000 pounds and the combination of vehicles has a
15.22 	combined gross vehicle weight of more than 26,000 pounds;
15.23 	(3) is a bus;
15.24 	(4) is of any size and is used in the transportation of
15.25 	hazardous materials, except for those vehicles having a gross
15.26 	vehicle weight of 26,000 pounds or less while carrying in bulk
15.27 	tanks a total of not more than 200 gallons of petroleum products
15.28 	and liquid fertilizer that are required to be placarded under
15.29 	Code of Federal Regulations, title 49, parts 100-185; or
15.30 	(5) is outwardly equipped and identified as a school bus,
15.31 	except for type A-I and type III school buses as defined in
15.32 	subdivision 6.
15.33 	(b) For purposes of chapter 169A:
15.34 	(1) a commercial motor vehicle does not include a farm
15.35 	truck, fire-fighting equipment, or recreational equipment being
15.36 	operated by a person within the scope of section 171.02,
16.1 	subdivision 2, paragraph (b); and
16.2 	(2) a commercial motor vehicle includes a vehicle capable
16.3 	of or designed to meet the standards described in paragraph (a),
16.4 	clause (2), whether or not the towed unit is attached to the
16.5 	truck-tractor at the time of the violation or stop.
16.6 	
EFFECTIVE DATE. This section is effective the day
16.7 	following final enactment.

16.8 	Sec. 7. Minnesota Statutes 2004, section 169.18,
16.9 	subdivision 4, is amended to read:
16.10 		Subd. 4.Passing on the right.  The driver of a vehicle
16.11 	may overtake and pass upon the right of another vehicle only
16.12 	upon the following conditions:
16.13 	(1) when the vehicle overtaken is making or about to make a
16.14 	left turn;
16.15 	(2) upon a street or highway with unobstructed pavement not
16.16 	occupied by parked vehicles of sufficient width for two or more
16.17 	lines of moving vehicles in each direction;
16.18 	(3) upon a one-way street, or upon any roadway on which
16.19 	traffic is restricted to one direction of movement, where the
16.20 	roadway is free from obstructions and of sufficient width for
16.21 	two or more lines of moving vehicles;
16.22 	(4) when the driver of a vehicle may overtake and pass
16.23 	another vehicle upon the right only under conditions permitting
16.24 	such movement in safety.  In no event shall such movement be
16.25 	made by driving onto the shoulder, whether paved or unpaved, or 
16.26 	off the pavement or main-traveled portion of the roadway.

16.27 	Sec. 8. Minnesota Statutes 2004, section 169.448, is
16.28 	amended by adding a subdivision to read:
16.29 		Subd. 4.Day activity center buses. Notwithstanding
16.30 	subdivision 1, a vehicle used to transport adults to and from a
16.31 	day activity center may be equipped with prewarning flashing
16.32 	amber signals and a stop-signal arm, and the operator of the
16.33 	vehicle may activate this equipment, under the following
16.34 	circumstances:
16.35 	(1) the operator possesses a commercial driver's license
16.36 	with a school bus endorsement;
17.1 	(2) the vehicle is engaged in picking up or dropping off
17.2 	adults at locations predesignated by the day activity center
17.3 	that owns or leases the bus;
17.4 	(3) the vehicle is identified as a "day activity center
17.5 	bus" in letters at least eight inches high on the front and rear
17.6 	top of the bus; and 
17.7 	(4) the name, address, and telephone number of the owner
17.8 	and operator of the bus is identified on each front door of the
17.9 	bus in letters not less than three inches high.
17.10 	The provisions of section 169.444 relating to duties of
17.11 	care of a motorist to a school bus, and violations thereof,
17.12 	apply to a vehicle described in this section when the vehicle is
17.13 	operated in conformity with this subdivision.  The provisions of
17.14 	section 169.443 relating to bus driver's duties apply to a
17.15 	vehicle described in this section except those that by their
17.16 	nature have no application.
17.17 	
EFFECTIVE DATE. This section is effective the day
17.18 	following final enactment.

17.19 	Sec. 9. Minnesota Statutes 2004, section 169.522, is
17.20 	amended to read:
17.21 	169.522 SLOW-MOVING VEHICLE, SIGN REQUIRED.
17.22 		Subdivision 1.Displaying emblem; rules. (a) All
17.23 	animal-drawn vehicles, motorized golf carts when operated on
17.24 	designated roadways pursuant to section 169.045, implements of
17.25 	husbandry, and other machinery, including all road construction
17.26 	machinery, which are designed for operation at a speed of 30
17.27 	miles per hour or less shall , must display a triangular
17.28 	slow-moving vehicle emblem, except (1) when being used in actual
17.29 	construction and maintenance work and traveling within the
17.30 	limits of a construction area which is marked in accordance with
17.31 	requirements of the Manual on Uniform Traffic Control Devices,
17.32 	as set forth in section 169.06, or (2) for a towed implement of
17.33 	husbandry that is empty and that is not self-propelled, in which
17.34 	case it may be towed at lawful speeds greater than 30 miles per
17.35 	hour without removing the slow-moving vehicle emblem.  The
17.36 	emblem shall must consist of a fluorescent yellow-orange or
18.1 	illuminated red-orange triangle with a dark red reflective
18.2 	border and be mounted so as to be visible from a distance of not
18.3 	less than 600 feet to the rear.  When a primary power unit
18.4 	towing an implement of husbandry or other machinery displays a
18.5 	slow-moving vehicle emblem visible from a distance of 600 feet
18.6 	to the rear, it shall is not be necessary to display a similar
18.7 	emblem on the secondary unit. After January 1, 1975,All
18.8 	slow-moving vehicle emblems sold in this state shall must be so
18.9 	designed that when properly mounted they are visible from a
18.10 	distance of not less than 600 feet to the rear when directly in
18.11 	front of lawful lower beam of headlamps on a motor vehicle.  The
18.12 	commissioner of public safety shall adopt standards and
18.13 	specifications for the design and position of mounting the
18.14 	slow-moving vehicle emblem.  Such standards and
18.15 	specifications shall must be adopted by rule in accordance with
18.16 	the Administrative Procedure Act. A violation of this section
18.17 	shall not be admissible evidence in any civil cause of action
18.18 	arising prior to January 1, 1970.
18.19 	(b) An alternate slow-moving vehicle emblem consisting of a
18.20 	dull black triangle with a white reflective border may be used
18.21 	after obtaining a permit from the commissioner under rules of
18.22 	the commissioner.  A person with a permit to use an alternate
18.23 	slow-moving vehicle emblem must:
18.24 	(1) carry in the vehicle a regular slow-moving vehicle
18.25 	emblem and display the emblem when operating a vehicle between
18.26 	sunset and sunrise, and at any other time when visibility is
18.27 	impaired by weather, smoke, fog, or other conditions; and
18.28 	(2) permanently affix to the rear of the slow-moving
18.29 	vehicle at least 72 square inches of reflective tape that
18.30 	reflects the color red.
18.31 		Subd. 2.Prohibition on use. The use of this emblem
18.32 	shall be is restricted to the slow-moving vehicles specified in
18.33 	subdivision 1 and its use on any other type of vehicle or
18.34 	stationary object on the highway is prohibited.
18.35 		Subd. 3.Display required. No person shall sell, lease,
18.36 	rent, or operate any slow-moving vehicle, as defined in
19.1 	subdivision 1, except motorized golf carts and except those
19.2 	units designed to be completely mounted on a primary power unit,
19.3 	which is manufactured or assembled on or after July 1, 1967,
19.4 	unless such the vehicle is equipped with a slow-moving vehicle
19.5 	emblem-mounting device as specified in subdivision 1.  Provided
19.6 	however, no a slow-moving vehicle shall must not be operated
19.7 	without such slow-moving vehicle emblem after January 1, 1968.

19.8 	Sec. 10. Minnesota Statutes 2004, section 169.733, is
19.9 	amended to read:
19.10 	169.733 WHEEL FLAPS ON TRUCK AND TRAILER.
19.11 		Subdivision 1.Vehicles generally. Every truck,
19.12 	truck-tractor, trailer, semitrailer, pole trailer, and rear-end
19.13 	dump truck, excepting rear-end dump farm trucks and military
19.14 	vehicles of the United States, shall must be provided with wheel
19.15 	flaps or other suitable protection above and behind the rearmost
19.16 	wheels of the vehicle or combination of vehicles to prevent, as
19.17 	far as practicable, such wheels from throwing dirt, water, or
19.18 	other materials on the windshields of following vehicles which
19.19 	follow. Such The flaps or protectors shall must be at least
19.20 	as wide as the tires they are protecting and shall have a ground
19.21 	clearance of not more than one-fifth of the horizontal distance
19.22 	from the center of the rearmost axle to the flap under any
19.23 	conditions of loading or operation of the motor nine inches from
19.24 	the ground when the vehicle is empty.
19.25 		Subd. 2.Vehicle with conveyor belt. For a dump truck or
19.26 	truck with a rigid box fastened to its frame and having a
19.27 	conveyor belt or chain in the bottom of the vehicle which that 
19.28 	moves the cargo to the rear end of the vehicle, the flaps shall 
19.29 	must be mounted as far to the rear of the vehicle as practicable
19.30 	and shall have a ground clearance of not more than 18 inches
19.31 	when the vehicle is loaded.
19.32 		Subd. 3.Bottom-dump vehicle. In addition to meeting the
19.33 	requirements of subdivision 1,a bottom-dump cargo vehicle
19.34 	transporting sand, gravel, aggregate, dirt, lime rock, silica,
19.35 	or similar material must be equipped with flaps that are mounted
19.36 	to the rear of the axles, cover the entire width of the vehicle,
20.1 	and a center flap between the wheel flaps, which must have a
20.2 	ground clearance of six inches or less when the vehicle is fully
20.3 	loaded.
20.4 		Subd. 4.Alternative requirements. If the motor vehicle
20.5 	is so designed and constructed that the above requirements are
20.6 	accomplished by means of body construction or other means of
20.7 	enclosure, then no such protectors or flaps shall be are 
20.8 	required.
20.9 		Subd. 5.Extended flaps. If the rear wheels are not
20.10 	covered at the top by fenders, body or other parts of the
20.11 	vehicle, the flap or other protective means shall must be
20.12 	extended at least to a point directly above the center of the
20.13 	rearmost axle.
20.14 		Subd. 6.Lamps or wiring. Lamps or wiring shall not be
20.15 	attached to fender flaps.

20.16 	Sec. 11. Minnesota Statutes 2004, section 169.824,
20.17 	subdivision 2, is amended to read:
20.18 		Subd. 2.Gross vehicle weight of all axles.  (a)
20.19 	Notwithstanding the provisions of section 169.85, the gross
20.20 	vehicle weight of all axles of a vehicle or combination of
20.21 	vehicles shall not exceed:
20.22 	(1) 80,000 pounds for any vehicle or combination of
20.23 	vehicles on all state trunk highways as defined in section
20.24 	160.02, subdivision 29, and for all routes designated under
20.25 	section 169.832, subdivision 11;
20.26 	(2) 73,280 pounds for any vehicle or combination of
20.27 	vehicles with five axles or less on all routes, other than state
20.28 	trunk highways and routes that are designated under section
20.29 	169.832, subdivision 11, except that a vehicle needing
20.30 	reasonable access to a terminal or facilities for food, fuel,
20.31 	repairs, and rest, located within three miles of a ten-ton
20.32 	route, may not exceed 80,000 pounds.  "Terminal" means any
20.33 	location where freight either originates, terminates, or is
20.34 	handled in the transportation process, or where commercial motor
20.35 	carriers maintain operating facilities; and
20.36 	(3) 80,000 pounds for any vehicle or combination of
21.1 	vehicles with six or more axles on all routes, other than state
21.2 	trunk highways and routes that are designated under section
21.3 	169.832, subdivision 11.
21.4 	(b) The maximum weights specified in this section for five
21.5 	consecutive axles shall not apply to a four-axle ready-mix
21.6 	concrete truck which was equipped with a fifth axle prior to
21.7 	June 1, 1981.  The maximum gross weight on four or fewer
21.8 	consecutive axles of vehicles excepted by this clause shall not
21.9 	exceed any maximum weight specified for four or fewer
21.10 	consecutive axles in this section.

21.11 	Sec. 12. Minnesota Statutes 2004, section 169.85,
21.12 	subdivision 1, is amended to read:
21.13 		Subdivision 1.Driver to stop for weighing.  (a) The
21.14 	driver of a vehicle that has been lawfully stopped may be
21.15 	required by an officer to submit the vehicle and load to a
21.16 	weighing by means of portable or stationary scales.
21.17 	(b) In addition, the officer may require that the vehicle
21.18 	be driven to the nearest available scales, but only if:
21.19 	(1) the distance to the scales is no further than five
21.20 	miles, or if the distance from the point where the vehicle is
21.21 	stopped to the vehicle's destination is not increased by more
21.22 	than ten miles as a result of proceeding to the nearest
21.23 	available scales; and
21.24 	(2) if the vehicle is a commercial motor vehicle, no more
21.25 	than two other commercial motor vehicles are waiting to be
21.26 	inspected at the scale.
21.27 	(c) Official traffic control devices as authorized by
21.28 	section 169.06 may be used to direct the driver to the nearest
21.29 	scale.
21.30 	(d) When a truck weight enforcement operation is conducted
21.31 	by means of portable or stationary scales and ,signs giving
21.32 	notice of the operation are must be posted within the highway
21.33 	right-of-way and adjacent to the roadway within two miles of the
21.34 	operation,.The driver of a truck or combination of vehicles
21.35 	registered for or weighing in excess of 12,000 pounds shall
21.36 	proceed to the scale site and submit the vehicle to weighing and
22.1 	inspection.

22.2 	Sec. 13. Minnesota Statutes 2004, section 169.85,
22.3 	subdivision 6, is amended to read:
22.4 		Subd. 6.Officer defined.  When used in this section, the
22.5 	word "officer" means a peace officer or member of the State
22.6 	Patrol,an employee of the Department of Public Safety described
22.7 	in section 299D.06, or a peace officer or person under the
22.8 	officer's direction and control employed by a local unit of
22.9 	government who is trained in weight enforcement by the
22.10 	Department of Public Safety.

22.11 	Sec. 14. Minnesota Statutes 2004, section 171.01,
22.12 	subdivision 22, is amended to read:
22.13 		Subd. 22.Commercial motor vehicle.  "Commercial motor
22.14 	vehicle" means a motor vehicle or combination of motor vehicles
22.15 	used to transport passengers or property if the motor vehicle:
22.16 	(1) has a gross vehicle weight of more than 26,000 pounds;
22.17 	(2) has a towed unit with a gross vehicle weight of more
22.18 	than 10,000 pounds and the combination of vehicles has a
22.19 	combined gross vehicle weight of more than 26,000 pounds;
22.20 	(3) is a bus;
22.21 	(4) is of any size and is used in the transportation of
22.22 	hazardous materials, except for those vehicles having a gross
22.23 	vehicle weight of 26,000 pounds or less and carrying in bulk
22.24 	tanks a total of not more than 200 gallons of liquid fertilizer
22.25 	and petroleum products that are required to be placarded under
22.26 	Code of Federal Regulations, title 49, parts 100-185; or
22.27 	(5) is outwardly equipped and identified as a school bus,
22.28 	except for school buses defined in section 169.01, subdivision
22.29 	6, clause (5).
22.30 	
EFFECTIVE DATE. This section is effective the day
22.31 	following final enactment.

22.32 	Sec. 15. Minnesota Statutes 2004, section 171.05,
22.33 	subdivision 1, is amended to read:
22.34 		Subdivision 1.Person 18 or more years of age. (a) Any
22.35 	person who is 18 or more years of age and who, except for a lack
22.36 	of instruction in operating a motor vehicle, would otherwise be
23.1 	qualified to obtain a class D driver's license under this
23.2 	chapter, may apply for an instruction permit and the department
23.3 	shall issue such the permit entitling .  The instruction permit
23.4 	entitles the applicant, while having such permit in immediate
23.5 	possession,to drive a motor vehicle for which a class D license
23.6 	is valid upon the highways for a period of one year, but such
23.7 	person must be two years if the permit holder:
23.8 	(1) has the permit in immediate possession; and 
23.9 	(2) is driving the vehicle while accompanied by an adult
23.10 	licensed driver who is actually occupying a seat beside the
23.11 	driver.
23.12 	(b) Any license of a lower class may be used as an
23.13 	instruction permit for to operate a vehicle requiring a higher
23.14 	class license for a period of six months after passage of the
23.15 	written test or tests required for the higher class and when the
23.16 	licensee is accompanied by and receiving instruction from a
23.17 	holder of the appropriate higher class license.  A copy of the
23.18 	record of examination taken for the higher class license must be
23.19 	carried by the driver while using such the lower class license
23.20 	as an instruction permit.

23.21 	Sec. 16. Minnesota Statutes 2004, section 171.05,
23.22 	subdivision 2, is amended to read:
23.23 		Subd. 2.Person less than 18 years of age.  (a)
23.24 	Notwithstanding any provision in subdivision 1 to the contrary,
23.25 	the department may issue an instruction permit to an applicant
23.26 	who is 15, 16, or 17 years of age and who:
23.27 	(1) has completed a course of driver education in another
23.28 	state, has a previously issued valid license from another state,
23.29 	or is enrolled in either:
23.30 	(i) a public, private, or commercial driver education
23.31 	program that is approved by the commissioner of public safety
23.32 	and that includes classroom and behind-the-wheel training; or
23.33 	(ii) an approved behind-the-wheel driver education program
23.34 	when the student is receiving full-time instruction in a home
23.35 	school within the meaning of sections 120A.22 and 120A.24, the
23.36 	student is working toward a home-school diploma, the student's
24.1 	status as a home-school student has been certified by the
24.2 	superintendent of the school district in which the student
24.3 	resides, and the student is taking home-classroom driver
24.4 	training with classroom materials approved by the commissioner
24.5 	of public safety;
24.6 	(2) has completed the classroom phase of instruction in the
24.7 	driver education program;
24.8 	(3) has passed a test of the applicant's eyesight;
24.9 	(4) has passed a department-administered test of the
24.10 	applicant's knowledge of traffic laws;
24.11 	(5) has completed the required application, which must be
24.12 	approved by (i) either parent when both reside in the same
24.13 	household as the minor applicant or, if otherwise, then (ii) the
24.14 	parent or spouse of the parent having custody or, in the event
24.15 	there is no court order for custody, then (iii) the parent or
24.16 	spouse of the parent with whom the minor is living or, if items
24.17 	(i) to (iii) do not apply, then (iv) the guardian having custody
24.18 	of the minor or, in the event a person under the age of 18 has
24.19 	no living father, mother, or guardian, or is married or
24.20 	otherwise legally emancipated, then (v) the applicant's adult
24.21 	spouse, adult close family member, or adult employer; provided,
24.22 	that the approval required by this clause contains a
24.23 	verification of the age of the applicant and the identity of the
24.24 	parent, guardian, adult spouse, adult close family member, or
24.25 	adult employer; and
24.26 	(6) has paid the fee required in section 171.06,
24.27 	subdivision 2.
24.28 	(b) The instruction permit is valid for one year two years 
24.29 	from the date of application and may be renewed upon payment of
24.30 	a fee equal to the fee for issuance of an instruction permit
24.31 	under section 171.06, subdivision 2.

24.32 	Sec. 17. Minnesota Statutes 2004, section 171.30,
24.33 	subdivision 1, is amended to read:
24.34 		Subdivision 1.Conditions of issuance.  (a) In any case
24.35 	where a person's license has been suspended under section
24.36 	171.18, 171.173, or 171.186, or revoked under section 169.792,
25.1 	169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
25.2 	may issue a limited license to the driver including under the
25.3 	following conditions:
25.4 	(1) if the driver's livelihood or attendance at a chemical
25.5 	dependency treatment or counseling program depends upon the use
25.6 	of the driver's license;
25.7 	(2) if the use of a driver's license by a homemaker is
25.8 	necessary to prevent the substantial disruption of the
25.9 	education, medical, or nutritional needs of the family of the
25.10 	homemaker; or
25.11 	(3) if attendance at a postsecondary institution of
25.12 	education by an enrolled student of that institution depends
25.13 	upon the use of the driver's license.
25.14 	(b) The commissioner in issuing a limited license may
25.15 	impose such conditions and limitations as in the commissioner's
25.16 	judgment are necessary to the interests of the public safety and
25.17 	welfare including reexamination as to the driver's
25.18 	qualifications.  The license may be limited to the operation of
25.19 	particular vehicles, to particular classes and times of
25.20 	operation, and to particular conditions of traffic.  The
25.21 	commissioner may require that an applicant for a limited license
25.22 	affirmatively demonstrate that use of public transportation or
25.23 	carpooling as an alternative to a limited license would be a
25.24 	significant hardship.
25.25 	(c) For purposes of this subdivision, "homemaker" refers to
25.26 	the person primarily performing the domestic tasks in a
25.27 	household of residents consisting of at least the person and the
25.28 	person's dependent child or other dependents.
25.29 	(d) The limited license issued by the commissioner shall
25.30 	clearly indicate the limitations imposed and the driver
25.31 	operating under the limited license shall have the license in
25.32 	possession at all times when operating as a driver.
25.33 	(e) In determining whether to issue a limited license, the
25.34 	commissioner shall consider the number and the seriousness of
25.35 	prior convictions and the entire driving record of the driver
25.36 	and shall consider the number of miles driven by the driver
26.1 	annually.
26.2 	(f) If the person's driver's license or permit to drive has
26.3 	been revoked under section 169.792 or 169.797, the commissioner
26.4 	may only issue a limited license to the person after the person
26.5 	has presented an insurance identification card, policy, or
26.6 	written statement indicating that the driver or owner has
26.7 	insurance coverage satisfactory to the commissioner of public
26.8 	safety.  The commissioner of public safety may require the
26.9 	insurance identification card provided to satisfy this
26.10 	subdivision be certified by the insurance company to be
26.11 	noncancelable for a period not to exceed 12 months.
26.12 	(g) The limited license issued by the commissioner to a
26.13 	person under section 171.186, subdivision 4, must expire 90 days
26.14 	after the date it is issued.  The commissioner must not issue a
26.15 	limited license to a person who previously has been issued a
26.16 	limited license under section 171.186, subdivision 4.
26.17 	(h) The commissioner shall not issue a limited driver's
26.18 	license to any person described in section 171.04, subdivision
26.19 	1, clause (6), (7), (8), (10), (11), or (14).
26.20 	(i) The commissioner shall not issue a class A, class B, or
26.21 	class C limited license.

26.22 	Sec. 18. ROUSSAIN CEMETERY; DESIGNATION.
 26.23 	On agreement of the Fond du Lac Band of Lake Superior
26.24 	Chippewa and the city of Duluth, the city shall name and
26.25 	dedicate the cemetery that is on land leased to the band by the
26.26 	city as "Roussain Cemetery."  After consulting with the Fond du
26.27 	Lac Band, the city shall adopt a suitable marking design to
26.28 	memorialize the cemetery and erect the appropriate signs or
26.29 	memorials on assurance of the availability of noncity funds
26.30 	sufficient to pay all costs related to designing, erecting, and
26.31 	preserving the signs or memorials.

26.32 	EFFECTIVE DATE. This section is effective the day after
26.33 	the governing body of Duluth and its chief clerical officer
26.34 	comply with Minnesota Statutes, section 645.021, subdivisions 2
26.35 	and 3.

26.36 	Sec. 19. REPEALER.
 27.1 	Minnesota Statutes 2004, sections 168.831, 168.832,
27.2 	168.833, 168.834, 168.835, 168.836, and 168.837, are repealed.