1.1                          A bill for an act 
  1.2             relating to transportation; changing criteria for logo 
  1.3             signs; allowing hybrid vehicles in high-occupancy 
  1.4             vehicle lanes; changing administrative highway and 
  1.5             vehicle provisions; revising definitions; regulating 
  1.6             motorized foot scooters; conforming statute to federal 
  1.7             law; modifying traffic regulations and vehicle 
  1.8             equipment requirements; regulating disability van 
  1.9             parking; prohibiting certain drivers from using 
  1.10            cellular phones while driving; changing child safety 
  1.11            restraint and seat belt requirements; making seat belt 
  1.12            violation a primary offense; imposing driving 
  1.13            restrictions on provisional license holders; modifying 
  1.14            vehicle weight provisions; amending definition of 
  1.15            class D driver's license; restricting use of driver's 
  1.16            license personal information; requiring chapter on 
  1.17            future needs in state aviation system plan; 
  1.18            establishing advisory council on aviation planning; 
  1.19            extending commuter rail corridor coordinating 
  1.20            committee and adding member; prohibiting certain 
  1.21            quotas; modifying aeronautics provisions; establishing 
  1.22            safety zones at international airport; changing train 
  1.23            speed in city of Orr; deactivating certain ramp 
  1.24            meters; amending Minnesota Statutes 2004, sections 
  1.25            160.80, subdivision 1a; 162.02, subdivisions 2, 3a; 
  1.26            162.09, subdivisions 2, 3a; 162.14, subdivision 6; 
  1.27            168.011, subdivisions 3, 4, 5, 5a, 6, 7, by adding 
  1.28            subdivisions; 168.012, subdivision 1; 168.16; 168.185; 
  1.29            168.31, subdivision 5; 169.01, subdivisions 75, 81, by 
  1.30            adding subdivisions; 169.06, subdivisions 5, 6, by 
  1.31            adding a subdivision; 169.09, by adding a subdivision; 
  1.32            169.14, subdivisions 2, 4, 5, 5a, by adding 
  1.33            subdivisions; 169.28, subdivision 2; 169.345, 
  1.34            subdivision 1; 169.346, subdivisions 1, 2; 169.448, by 
  1.35            adding a subdivision; 169.522; 169.685, subdivision 5; 
  1.36            169.686, subdivision 1; 169.71, subdivision 1; 
  1.37            169.733; 169.81, subdivision 3c; 169.824, subdivision 
  1.38            2; 169.85, subdivisions 1, 6; 169.86, subdivision 5; 
  1.39            169.87, subdivision 5; 171.01, subdivision 22; 171.02, 
  1.40            subdivision 2; 171.05, subdivision 2b; 171.055, 
  1.41            subdivision 2; 171.12, subdivision 7; 171.17, 
  1.42            subdivision 1; 171.30, subdivision 1; 174.03, by 
  1.43            adding a subdivision; 174.86, subdivision 5; 219.166; 
  1.44            219.567; 299D.08; 360.305, subdivision 4; 360.55, 
  1.45            subdivisions 2, 3, 4, 4a; 360.58; 360.59, subdivisions 
  1.46            2, 5, 7, 8; 360.63, subdivision 2; 360.66, by adding a 
  2.1             subdivision; 360.67, subdivision 4; 394.22, 
  2.2             subdivision 12; 394.361, subdivisions 1, 3; 462.352, 
  2.3             subdivision 10; 462.355, subdivision 4; 462.359, 
  2.4             subdivisions 1, 3; 473.123, subdivisions 2a, 3; 
  2.5             473.604, subdivision 1; proposing coding for new law 
  2.6             in Minnesota Statutes, chapters 160; 162; 169; 174; 
  2.7             repealing Minnesota Statutes 2004, sections 168.011, 
  2.8             subdivision 19; 168.15, subdivision 2; 360.59, 
  2.9             subdivisions 4, 9. 
  2.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.11     Section 1.  Minnesota Statutes 2004, section 160.80, 
  2.12  subdivision 1a, is amended to read: 
  2.13     Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
  2.14  To be eligible for a business panel on a logo sign panel, a 
  2.15  business establishment must: 
  2.16     (1) be open for business; 
  2.17     (2) have a sign on site that both identifies the business 
  2.18  and is visible to motorists; 
  2.19     (3) be open to everyone, regardless of race, religion, 
  2.20  color, age, sex, national origin, creed, marital status, sexual 
  2.21  orientation, or disability; 
  2.22     (4) not impose a cover charge or otherwise require 
  2.23  customers to purchase additional products or services; and 
  2.24     (5) meet the appropriate criteria in paragraphs (b) to (e). 
  2.25     (b) Gas businesses must provide vehicle services including 
  2.26  fuel and oil; restroom facilities and drinking water; 
  2.27  continuous, staffed operation at least 12 hours a day, seven 
  2.28  days a week; and public access to a telephone. 
  2.29     (c) Food businesses must serve at least two meals a day 
  2.30  during normal mealtimes of breakfast, lunch, and dinner; provide 
  2.31  a continuous, staffed food service operation at least ten hours 
  2.32  a day, seven days a week except holidays as defined in section 
  2.33  645.44, subdivision 5, and except as provided for seasonal food 
  2.34  service businesses; provide seating capacity for at least 20 
  2.35  people; serve meals prepared on the premises; and possess any 
  2.36  required state or local licensing or approval.  Reheated, 
  2.37  prepackaged, ready-to-eat food is not "food prepared on the 
  2.38  premises."  Seasonal food service businesses must provide a 
  2.39  continuous, staffed food service operation at least ten hours a 
  2.40  day, seven days a week, during their months of operation. 
  3.1      (d) Lodging businesses must include sleeping 
  3.2   accommodations, provide public access to a telephone, and 
  3.3   possess any required state or local licensing or approval. 
  3.4      (e) Camping businesses must include sites for camping, 
  3.5   include parking accommodations for each campsite, provide 
  3.6   sanitary facilities and drinking water, and possess any required 
  3.7   state or local licensing or approval. 
  3.8      (f) Businesses that do not meet the appropriate criteria in 
  3.9   paragraphs (b) to (e) but that have a signed lease as of January 
  3.10  1, 1998, may retain the business panel until December 31, 2005, 
  3.11  or until they withdraw from the program, whichever occurs first, 
  3.12  provided they continue to meet the criteria in effect in the 
  3.13  department's contract with the logo sign vendor on August 1, 
  3.14  1995.  After December 31, 2005, or after withdrawing from the 
  3.15  program, a business must meet the appropriate criteria in 
  3.16  paragraphs (a) to (e) to qualify for a business panel. 
  3.17     (g) Seasonal businesses must indicate to motorists when 
  3.18  they are open for business by either putting the full months of 
  3.19  operation directly on the business panel or by having a "closed" 
  3.20  plaque applied to the business panel when the business is closed 
  3.21  for the season. 
  3.22     (h) The maximum distance that an eligible business in 
  3.23  Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
  3.24  county can be located from the interchange is:  for gas 
  3.25  businesses, one mile; for food businesses, two miles; for 
  3.26  lodging businesses, three miles; and for camping businesses, ten 
  3.27  miles. 
  3.28     (i) The maximum distance that an eligible business in any 
  3.29  other county can be located from the interchange shall not 
  3.30  exceed 15 miles in either direction. 
  3.31     (j) Logo sign panels must be erected so that motorists 
  3.32  approaching an interchange view the panels in the following 
  3.33  order:  camping, lodging, food, gas. 
  3.34     (k) If there is insufficient space on a logo sign panel to 
  3.35  display all eligible businesses for a specific type of service, 
  3.36  the businesses closest to the interchange have priority over 
  4.1   businesses farther away from the interchange. 
  4.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.3   following final enactment. 
  4.4      Sec. 2.  [160.94] [USE OF HIGHWAY LANES BY HYBRID 
  4.5   VEHICLES.] 
  4.6      Subdivision 1.  [HYBRID VEHICLE.] For the purposes of this 
  4.7   section, "hybrid vehicle" means a motor vehicle that: 
  4.8      (1) has a hybrid propulsion system that operates both with 
  4.9   an internal combustion engine and on electric propulsion; 
  4.10     (2) has a fuel efficiency of greater than 28 miles per 
  4.11  gallon in highway use and 33 miles per gallon in city use, as 
  4.12  certified by the United States Environmental Protection Agency; 
  4.13  and 
  4.14     (3) conforms to any requirements for such a vehicle in 
  4.15  federal law or regulation. 
  4.16     Subd. 2.  [USE OF HOV LANES BY HYBRID VEHICLES.] Unless 
  4.17  otherwise prohibited by federal law or regulation, and with the 
  4.18  approval of the Federal Highway Administration, the commissioner 
  4.19  shall: 
  4.20     (1) allow an operator of a single-occupant, hybrid vehicle 
  4.21  to use any high-occupancy vehicle lane on the trunk highway 
  4.22  system, regardless of occupancy requirements established for 
  4.23  other types of vehicles; and 
  4.24     (2) allow the operator of a hybrid vehicle to use a lane of 
  4.25  a trunk highway, other than a toll bridge, on which a toll is 
  4.26  imposed for certain vehicles, without payment of such a toll. 
  4.27     Subd. 3.  [DECALS.] The commissioner shall issue to the 
  4.28  owner of a hybrid vehicle upon request of the owner and upon 
  4.29  payment of a fee of $15, a distinctive decal or other identifier 
  4.30  to be affixed to the vehicle, clearly identifying the vehicle as 
  4.31  a hybrid vehicle.  A person operating a vehicle lawfully 
  4.32  displaying such a decal has the privileges granted by the 
  4.33  commissioner under subdivision 2. 
  4.34     Subd. 4.  [VIOLATION.] A person may not operate a vehicle 
  4.35  that displays a decal or other identifier issued under this 
  4.36  section in a high-occupancy vehicle lane or toll lane if that 
  5.1   decal or identifier was not issued for that vehicle.  A 
  5.2   violation of this subdivision is a misdemeanor. 
  5.3      Subd. 5.  [EXPIRATION.] This section expires July 31, 2007. 
  5.4      Sec. 3.  Minnesota Statutes 2004, section 162.02, 
  5.5   subdivision 2, is amended to read: 
  5.6      Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  5.7   be made and promulgated by the commissioner acting with the 
  5.8   advice of a committee which shall be selected by the several 
  5.9   county boards acting through the officers of the statewide 
  5.10  association of county commissioners.  The committee shall be 
  5.11  composed of nine members so selected that each member shall be 
  5.12  from a different state highway construction district.  Not more 
  5.13  than five of the nine members of the committee shall be county 
  5.14  commissioners.  The remaining members shall be county highway 
  5.15  engineers.  In the event that agreement cannot be reached on any 
  5.16  rule, the commissioner's determination shall be final.  The 
  5.17  rules shall be printed and copies thereof shall be forwarded to 
  5.18  the county engineers of the several counties.  For the purposes 
  5.19  of this section, the expedited process for adopting rules 
  5.20  established in section 14.389 may be used. 
  5.21     (b) Notwithstanding section 15.059, subdivision 5, the 
  5.22  committee does not expire. 
  5.23     Sec. 4.  Minnesota Statutes 2004, section 162.02, 
  5.24  subdivision 3a, is amended to read: 
  5.25     Subd. 3a.  [VARIANCES FROM RULES AND ENGINEERING 
  5.26  STANDARDS.] The commissioner may grant variances from the rules 
  5.27  and from the engineering standards developed pursuant to section 
  5.28  162.021 or 162.07, subdivision 2.  A political subdivision in 
  5.29  which a county state-aid highway is located or is proposed to be 
  5.30  located may submit a written request to the commissioner for a 
  5.31  variance for that highway.  The commissioner shall publish 
  5.32  notice of the request in the State Register and give notice to 
  5.33  all persons known to the commissioner to have an interest in the 
  5.34  matter.  The commissioner may grant or deny the variance within 
  5.35  30 days of providing notice of the request.  If a written 
  5.36  objection to the request is received within 20 seven days of 
  6.1   providing notice, the variance shall be granted or denied only 
  6.2   after a contested case hearing has been held on the request.  If 
  6.3   no timely objection is received and the variance is denied 
  6.4   without hearing, the political subdivision may request, within 
  6.5   30 days of receiving notice of denial, and shall be granted a 
  6.6   contested case hearing.  For purposes of this subdivision, 
  6.7   "political subdivision" includes (1) an agency of a political 
  6.8   subdivision which has jurisdiction over parks, and (2) a 
  6.9   regional park authority. 
  6.10     Sec. 5.  [162.031] [CONSTRUCTION ACROSS ANOTHER COUNTY OR 
  6.11  STATE.] 
  6.12     When a county state-aid highway route is so located that in 
  6.13  order to achieve the designated objectives the commissioner 
  6.14  determines that it is necessary to construct the highway across 
  6.15  a portion of another county or state, the county initiating the 
  6.16  construction is authorized to spend county state-aid highway 
  6.17  funds for that purpose in the same manner as other expenditures 
  6.18  for county state-aid highway purposes are made.  No part of that 
  6.19  highway may be constructed in another county until both counties 
  6.20  approve the construction. 
  6.21     Sec. 6.  Minnesota Statutes 2004, section 162.09, 
  6.22  subdivision 2, is amended to read: 
  6.23     Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
  6.24  be made and promulgated by the commissioner acting with the 
  6.25  advice of a committee which shall be selected by the governing 
  6.26  bodies of such cities, acting through the officers of the 
  6.27  statewide association of municipal officials.  The committee 
  6.28  shall be composed of 12 members, so selected that there shall be 
  6.29  one member from each state highway construction district and in 
  6.30  addition one member from each city of the first class.  Not more 
  6.31  than six members of the committee shall be elected officials of 
  6.32  the cities.  The remaining members of the committee shall be 
  6.33  city engineers.  In the event that agreement cannot be reached 
  6.34  on any rule the commissioner's determination shall be final.  
  6.35  The rules shall be printed and copies thereof shall be forwarded 
  6.36  to the clerks and engineers of the cities.  For the purposes of 
  7.1   this section, the expedited process for adopting rules 
  7.2   established in section 14.389 may be used. 
  7.3      (b) Notwithstanding section 15.059, subdivision 5, the 
  7.4   committee does not expire. 
  7.5      Sec. 7.  Minnesota Statutes 2004, section 162.09, 
  7.6   subdivision 3a, is amended to read: 
  7.7      Subd. 3a.  [VARIANCES FROM RULES AND ENGINEERING 
  7.8   STANDARDS.] The commissioner may grant variances from the rules 
  7.9   and from the engineering standards developed pursuant to section 
  7.10  162.13, subdivision 2.  A political subdivision in which a 
  7.11  municipal state-aid street is located or is proposed to be 
  7.12  located may submit a written request to the commissioner for a 
  7.13  variance for that street.  The commissioner shall publish notice 
  7.14  of the request in the State Register and give notice to all 
  7.15  persons known to the commissioner to have an interest in the 
  7.16  matter.  The commissioner may grant or deny the variance within 
  7.17  30 days of providing notice of the request.  If a written 
  7.18  objection to the request is received within 20 seven days of 
  7.19  providing notice, the variance shall be granted or denied only 
  7.20  after a contested case hearing has been held on the request.  If 
  7.21  no timely objection is received and the variance is denied 
  7.22  without hearing, the political subdivision may request, within 
  7.23  30 days of receiving notice of denial, and shall be granted a 
  7.24  contested case hearing.  For purposes of this subdivision, 
  7.25  "political subdivision" includes (1) an agency of a political 
  7.26  subdivision which has jurisdiction over parks, and (2) a 
  7.27  regional park authority. 
  7.28     Sec. 8.  [162.091] [CONSTRUCTION ACROSS ANOTHER 
  7.29  MUNICIPALITY OR STATE.] 
  7.30     When a municipal state-aid street route is so located that 
  7.31  in order to achieve the designated objectives the commissioner 
  7.32  determines that it is necessary to construct the street across a 
  7.33  portion of another municipality or state, the municipality 
  7.34  initiating the construction is authorized to spend municipal 
  7.35  state-aid street funds for that purpose in the same manner as 
  7.36  other expenditures for municipal state-aid street purposes are 
  8.1   made.  No part of that street may be constructed in another 
  8.2   municipality until both municipalities approve the construction. 
  8.3      Sec. 9.  Minnesota Statutes 2004, section 162.14, 
  8.4   subdivision 6, is amended to read: 
  8.5      Subd. 6.  [ADVANCES.] Any such city may make advances from 
  8.6   any funds available to it for the purpose of expediting the 
  8.7   construction, reconstruction, improvement, or maintenance of its 
  8.8   municipal state-aid street system; provided that such advances 
  8.9   shall not exceed the city's total estimated apportionment for 
  8.10  the three years following the year the advance is made.  
  8.11  Advances made by any such city shall be repaid out of subsequent 
  8.12  apportionments made to such city in accordance with the 
  8.13  commissioner's rules. 
  8.14     Sec. 10.  Minnesota Statutes 2004, section 168.011, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 2a.  [COMMISSIONER.] "Commissioner" means the 
  8.17  commissioner of the Minnesota Department of Public Safety. 
  8.18     Sec. 11.  Minnesota Statutes 2004, section 168.011, 
  8.19  subdivision 3, is amended to read: 
  8.20     Subd. 3.  [HIGHWAY.] A "Highway" is any public thoroughfare 
  8.21  for vehicles, including streets in cities has the meaning given 
  8.22  in section 169.01, subdivision 29. 
  8.23     Sec. 12.  Minnesota Statutes 2004, section 168.011, 
  8.24  subdivision 4, is amended to read: 
  8.25     Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
  8.26  self-propelled vehicle designed and originally manufactured to 
  8.27  operate primarily upon public roads and on highways, and not 
  8.28  operated exclusively upon railroad tracks.  It includes any 
  8.29  vehicle propelled or drawn by a self-propelled vehicle and 
  8.30  includes vehicles known as trackless trolleys that are propelled 
  8.31  by electric power obtained from overhead trolley wires but not 
  8.32  operated upon rails.  It does not include snowmobiles, 
  8.33  manufactured homes, or park trailers.  
  8.34     (b) "Motor vehicle" also includes an all-terrain vehicle, 
  8.35  as defined in section 84.92, subdivision 8, that only if the 
  8.36  all-terrain vehicle (1) has at least four wheels, (2) is owned 
  9.1   and operated by a physically disabled person, and (3) displays 
  9.2   both physically disabled license plates and a physically 
  9.3   disabled certificate issued under section 169.345, subdivision 3.
  9.4      (c) "Motor vehicle" does not include an all-terrain vehicle 
  9.5   as defined in section 84.92, subdivision 8; except (1) an 
  9.6   all-terrain vehicle described in paragraph (b), or (2) an 
  9.7   all-terrain vehicle licensed as a motor vehicle before August 1, 
  9.8   1985.  The owner may continue to license an all-terrain vehicle 
  9.9   described in clause (2) as a motor vehicle until it is conveyed 
  9.10  or otherwise transferred to another owner, is destroyed, or 
  9.11  fails to comply with the registration and licensing requirements 
  9.12  of this chapter. 
  9.13     (d) "Motor vehicle" does not include an electric personal 
  9.14  assistive mobility device as defined in section 169.01, 
  9.15  subdivision 90. 
  9.16     Sec. 13.  Minnesota Statutes 2004, section 168.011, 
  9.17  subdivision 5, is amended to read: 
  9.18     Subd. 5.  [OWNER.] "Owner" means any person, firm, 
  9.19  association, or corporation owning or renting leasing a motor 
  9.20  vehicle, or having the exclusive use thereof of the vehicle, 
  9.21  under a lease or otherwise, for a period of greater than 30 days.
  9.22     Sec. 14.  Minnesota Statutes 2004, section 168.011, 
  9.23  subdivision 5a, is amended to read: 
  9.24     Subd. 5a.  [REGISTERED OWNER.] "Registered owner" means any 
  9.25  person, firm, association, or corporation, other than a secured 
  9.26  party, having title to a motor vehicle.  If a passenger 
  9.27  automobile, as defined in subdivision 7, is under lease for a 
  9.28  term of 180 days or more, the lessee is deemed to be the 
  9.29  registered owner, for purposes of registration only,; provided 
  9.30  that the application for renewal of the registration of a 
  9.31  passenger automobile described in this subdivision shall be is 
  9.32  sent to the lessor. 
  9.33     Sec. 15.  Minnesota Statutes 2004, section 168.011, 
  9.34  subdivision 6, is amended to read: 
  9.35     Subd. 6.  [TAX, FEE.] "Tax" or "fee" means the annual 
  9.36  registration tax imposed on motor vehicles in lieu of all other 
 10.1   taxes thereon, except wheelage taxes, so-called, which may be 
 10.2   imposed by any city, and except gross earnings taxes paid by 
 10.3   companies subject or made subject thereto.  Such The annual tax 
 10.4   shall be deemed is both a property tax and a highway use tax and 
 10.5   shall be on the basis of the calendar year. 
 10.6      Sec. 16.  Minnesota Statutes 2004, section 168.011, 
 10.7   subdivision 7, is amended to read: 
 10.8      Subd. 7.  [PASSENGER AUTOMOBILE.] (a) "Passenger automobile"
 10.9   means any motor vehicle designed and used for carrying not more 
 10.10  than 15 persons individuals including the driver. 
 10.11     (b) "Passenger automobile" does not include motorcycles, 
 10.12  motor scooters, and buses described in subdivision 9, paragraph 
 10.13  (a), clause (2) buses, or school buses. 
 10.14     (c) For purposes of taxation only, "Passenger automobile" 
 10.15  includes pickup trucks and vans, including those vans designed 
 10.16  to carry passengers, with a manufacturer's nominal rated 
 10.17  carrying capacity of one ton, but does not include commuter vans 
 10.18  as defined in section 168.126. 
 10.19     Sec. 17.  Minnesota Statutes 2004, section 168.011, is 
 10.20  amended by adding a subdivision to read: 
 10.21     Subd. 37.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" has 
 10.22  the meaning given in section 84.92, subdivision 8. 
 10.23     Sec. 18.  Minnesota Statutes 2004, section 168.011, is 
 10.24  amended by adding a subdivision to read: 
 10.25     Subd. 38.  [PERSON.] "Person" has the meaning given in 
 10.26  section 168A.01, subdivision 14. 
 10.27     Sec. 19.  Minnesota Statutes 2004, section 168.011, is 
 10.28  amended by adding a subdivision to read: 
 10.29     Subd. 39.  [VEHICLE.] "Vehicle" has the meaning given in 
 10.30  section 168A.01, subdivision 24. 
 10.31     Sec. 20.  Minnesota Statutes 2004, section 168.012, 
 10.32  subdivision 1, is amended to read: 
 10.33     Subdivision 1.  [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE 
 10.34  DISPLAY.] (a) The following vehicles are exempt from the 
 10.35  provisions of this chapter requiring payment of tax and 
 10.36  registration fees, except as provided in subdivision 1c:  
 11.1      (1) vehicles owned and used solely in the transaction of 
 11.2   official business by the federal government, the state, or any 
 11.3   political subdivision; 
 11.4      (2) vehicles owned and used exclusively by educational 
 11.5   institutions and used solely in the transportation of pupils to 
 11.6   and from those institutions; 
 11.7      (3) vehicles used solely in driver education programs at 
 11.8   nonpublic high schools; 
 11.9      (4) vehicles owned by nonprofit charities and used 
 11.10  exclusively to transport disabled persons for educational 
 11.11  purposes; 
 11.12     (5) ambulances owned by ambulance services licensed under 
 11.13  section 144E.10, the general appearance of which is 
 11.14  unmistakable; and 
 11.15     (6) motorized foot scooters as defined in section 169.01, 
 11.16  subdivision 4c; and 
 11.17     (7) vehicles owned by a commercial driving school licensed 
 11.18  under section 171.34, or an employee of a commercial driving 
 11.19  school licensed under section 171.34, and the vehicle is used 
 11.20  exclusively for driver education and training. 
 11.21     (b) Vehicles owned by the federal government, municipal 
 11.22  fire apparatuses including fire-suppression support vehicles, 
 11.23  police patrols, and ambulances, the general appearance of which 
 11.24  is unmistakable, are not required to register or display number 
 11.25  plates.  
 11.26     (c) Unmarked vehicles used in general police work, liquor 
 11.27  investigations, or arson investigations, and passenger 
 11.28  automobiles, pickup trucks, and buses owned or operated by the 
 11.29  Department of Corrections, must be registered and must display 
 11.30  appropriate license number plates, furnished by the registrar at 
 11.31  cost.  Original and renewal applications for these license 
 11.32  plates authorized for use in general police work and for use by 
 11.33  the Department of Corrections must be accompanied by a 
 11.34  certification signed by the appropriate chief of police if 
 11.35  issued to a police vehicle, the appropriate sheriff if issued to 
 11.36  a sheriff's vehicle, the commissioner of corrections if issued 
 12.1   to a Department of Corrections vehicle, or the appropriate 
 12.2   officer in charge if issued to a vehicle of any other law 
 12.3   enforcement agency.  The certification must be on a form 
 12.4   prescribed by the commissioner and state that the vehicle will 
 12.5   be used exclusively for a purpose authorized by this section.  
 12.6      (d) Unmarked vehicles used by the Departments of Revenue 
 12.7   and Labor and Industry, fraud unit, in conducting seizures or 
 12.8   criminal investigations must be registered and must display 
 12.9   passenger vehicle classification license number plates, 
 12.10  furnished at cost by the registrar.  Original and renewal 
 12.11  applications for these passenger vehicle license plates must be 
 12.12  accompanied by a certification signed by the commissioner of 
 12.13  revenue or the commissioner of labor and industry.  The 
 12.14  certification must be on a form prescribed by the commissioner 
 12.15  and state that the vehicles will be used exclusively for the 
 12.16  purposes authorized by this section. 
 12.17     (e) Unmarked vehicles used by the Division of Disease 
 12.18  Prevention and Control of the Department of Health must be 
 12.19  registered and must display passenger vehicle classification 
 12.20  license number plates.  These plates must be furnished at cost 
 12.21  by the registrar.  Original and renewal applications for these 
 12.22  passenger vehicle license plates must be accompanied by a 
 12.23  certification signed by the commissioner of health.  The 
 12.24  certification must be on a form prescribed by the commissioner 
 12.25  and state that the vehicles will be used exclusively for the 
 12.26  official duties of the Division of Disease Prevention and 
 12.27  Control.  
 12.28     (f) Unmarked vehicles used by staff of the Gambling Control 
 12.29  Board in gambling investigations and reviews must be registered 
 12.30  and must display passenger vehicle classification license number 
 12.31  plates.  These plates must be furnished at cost by the 
 12.32  registrar.  Original and renewal applications for these 
 12.33  passenger vehicle license plates must be accompanied by a 
 12.34  certification signed by the board chair.  The certification must 
 12.35  be on a form prescribed by the commissioner and state that the 
 12.36  vehicles will be used exclusively for the official duties of the 
 13.1   Gambling Control Board.  
 13.2      (g) All other motor vehicles must be registered and display 
 13.3   tax-exempt number plates, furnished by the registrar at cost, 
 13.4   except as provided in subdivision 1c.  All vehicles required to 
 13.5   display tax-exempt number plates must have the name of the state 
 13.6   department or political subdivision, nonpublic high school 
 13.7   operating a driver education program, or licensed commercial 
 13.8   driving school, plainly displayed on both sides of the vehicle; 
 13.9   except that each state hospital and institution for the mentally 
 13.10  ill and mentally retarded may have one vehicle without the 
 13.11  required identification on the sides of the vehicle, and county 
 13.12  social service agencies may have vehicles used for child and 
 13.13  vulnerable adult protective services without the required 
 13.14  identification on the sides of the vehicle.  This identification 
 13.15  must be in a color giving contrast with that of the part of the 
 13.16  vehicle on which it is placed and must endure throughout the 
 13.17  term of the registration.  The identification must not be on a 
 13.18  removable plate or placard and must be kept clean and visible at 
 13.19  all times; except that a removable plate or placard may be 
 13.20  utilized on vehicles leased or loaned to a political subdivision 
 13.21  or to a nonpublic high school driver education program. 
 13.22     Sec. 21.  Minnesota Statutes 2004, section 168.16, is 
 13.23  amended to read: 
 13.24     168.16 [REGISTRATION TAX REFUND; APPROPRIATION.] 
 13.25     (a) After the registration tax upon any motor vehicle has 
 13.26  been paid for any year registration period, refund must be made 
 13.27  for errors made in computing the registration tax or fees and 
 13.28  for the error on the part of an owner who may in error have 
 13.29  registered a motor vehicle that was not before, nor at the time 
 13.30  of registration, nor at any time thereafter during the current 
 13.31  past year preceding registration period, subject to registration 
 13.32  tax in this state as provided by section 168.012. 
 13.33     (b) Unless otherwise provided in this chapter, a claim for 
 13.34  a refund of an overpayment of registration tax must be filed 
 13.35  within 3-1/2 years from the date of payment. 
 13.36     The refund must be made from any fund in possession of the 
 14.1   registrar and deducted from the registrar's monthly report to 
 14.2   the commissioner of finance.  A detailed report of the refund 
 14.3   must accompany the report. 
 14.4      (c) The former registered owner of a transferred vehicle, 
 14.5   by an assignment in writing endorsed upon the registration 
 14.6   certificate and delivered to the registrar commissioner within 
 14.7   the time provided in this subdivision, shall assign, except for 
 14.8   vehicles registered under section 168.187, to the new owner the 
 14.9   right to have the tax paid by the former registered owner 
 14.10  accredited to the new owner who duly registers the vehicle 
 14.11  unless the registration stickers are surrendered to the 
 14.12  commissioner before the first day of the new registration period.
 14.13     (d) Any owner at is entitled to a refund of the unused 
 14.14  portion of the registration tax paid on the owner's vehicle upon 
 14.15  filing a claim, verified by the commissioner, if the time of 
 14.16  such occurrence, whose vehicle is: 
 14.17     (1) declared by an insurance company to be a total loss due 
 14.18  to flood or tornado damage, permanently destroyed, due to 
 14.19  accident, fire, or an act of God as defined in section 115B.02; 
 14.20  or 
 14.21     (2) sold to the federal government, the state, or a 
 14.22  political subdivision of the state, shall upon filing a verified 
 14.23  claim be entitled to a refund of the unused portion of the tax 
 14.24  paid upon the vehicle, computed as follows:. 
 14.25     (1) if the vehicle is registered under the calendar year 
 14.26  system of registration, the refund is computed pro rata by the 
 14.27  month, 1/12 of the annual tax paid for each month of the year 
 14.28  remaining after the month in which the plates and certificate 
 14.29  were returned to the registrar; 
 14.30     (2) if the vehicle is registered under the monthly series 
 14.31  system of registration, the amount of 
 14.32     (e) The refund is must be equal to the sum of the amounts 
 14.33  of the license fee remaining registration tax attributable to 
 14.34  those months remaining in for the licensing registration period 
 14.35  after the month in which the plates and certificate of 
 14.36  registration or title were returned to the registrar 
 15.1   commissioner. 
 15.2      (b) (f) There is hereby appropriated to the persons 
 15.3   entitled to a refund, from the fund or account in the state 
 15.4   treasury to which the money was credited, an amount sufficient 
 15.5   to make the refund and payment.  
 15.6      Sec. 22.  Minnesota Statutes 2004, section 168.185, is 
 15.7   amended to read: 
 15.8      168.185 [USDOT NUMBERS.] 
 15.9      (a) An owner of a truck or truck-tractor having a gross 
 15.10  vehicle weight of more than 10,000 pounds, as defined in section 
 15.11  169.01, subdivision 46, other than a farm truck, shall report to 
 15.12  the registrar at the time of registration its USDOT carrier 
 15.13  number.  A person subject to this paragraph who does not have a 
 15.14  USDOT number shall apply for the number at the time of 
 15.15  registration by completing a form MCS-150 Motor Carrier 
 15.16  Identification Report, issued by the Federal Motor Carrier 
 15.17  Safety Administration, or comparable document as determined by 
 15.18  the registrar.  The registrar shall not assign a USDOT carrier 
 15.19  number to a vehicle owner who is not subject to this paragraph. 
 15.20     (b) Assigned USDOT numbers need not be displayed on the 
 15.21  outside of the vehicle, but must be made available upon request 
 15.22  of an authorized agent of the registrar, peace officer, other 
 15.23  employees of the State Patrol authorized in chapter 299D, or 
 15.24  employees of the Minnesota Department of Transportation.  The 
 15.25  vehicle owner shall notify the registrar if there is a change to 
 15.26  the owner's USDOT number. 
 15.27     (c) If an owner fails to report or apply for a USDOT 
 15.28  number, the registrar shall suspend the owner's registration. 
 15.29     (d) Until October 1, 2003, paragraphs (a) to (c) do not 
 15.30  apply to an agricultural fertilizer or agricultural chemical 
 15.31  retailer while exclusively engaged in delivering fertilizer or 
 15.32  agricultural chemicals to a farmer for on-farm use. 
 15.33     Sec. 23.  Minnesota Statutes 2004, section 168.31, 
 15.34  subdivision 5, is amended to read: 
 15.35     Subd. 5.  [REFUND.] For the annual registration tax paid on 
 15.36  any vehicle before the calendar year registration period for 
 16.1   which that tax was assessed, the owner of the vehicle who paid 
 16.2   the tax shall be is entitled to full refund if such vehicle is 
 16.3   permanently destroyed or removed from the state before the 
 16.4   calendar year for which the tax was paid or if it is not used at 
 16.5   all during the calendar year for which the tax was paid, and the 
 16.6   owner makes affidavit concerning the nonuse as provided by 
 16.7   section 168.012 the registration stickers are surrendered before 
 16.8   the first day of the new registration period. 
 16.9      Sec. 24.  Minnesota Statutes 2004, section 169.01, is 
 16.10  amended by adding a subdivision to read: 
 16.11     Subd. 4c.  [MOTORIZED FOOT SCOOTER.] "Motorized foot 
 16.12  scooter" means a device with no more than two ten-inch or 
 16.13  smaller diameter wheels that has handlebars, is designed to be 
 16.14  stood or sat upon by the operator, and is powered by an internal 
 16.15  combustion engine or electric motor that is capable of 
 16.16  propelling the device with or without human propulsion.  An 
 16.17  electric personal assistive mobility device, a motorized 
 16.18  bicycle, an electric-assisted bicycle, or a motorcycle is not a 
 16.19  motorized foot scooter. 
 16.20     Sec. 25.  Minnesota Statutes 2004, section 169.01, 
 16.21  subdivision 75, is amended to read: 
 16.22     Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
 16.23  motor vehicle" means a motor vehicle or combination of motor 
 16.24  vehicles used to transport passengers or property if the motor 
 16.25  vehicle: 
 16.26     (1) has a gross vehicle weight of more than 26,000 pounds; 
 16.27     (2) has a towed unit with a gross vehicle weight of more 
 16.28  than 10,000 pounds and the combination of vehicles has a 
 16.29  combined gross vehicle weight of more than 26,000 pounds; 
 16.30     (3) is a bus; 
 16.31     (4) is of any size and is used in the transportation of 
 16.32  hazardous materials, except for those vehicles having a gross 
 16.33  vehicle weight of 26,000 pounds or less while carrying in bulk 
 16.34  tanks a total of not more than 200 gallons of petroleum products 
 16.35  and liquid fertilizer that are required to be placarded under 
 16.36  Code of Federal Regulations, title 49, parts 100-185; or 
 17.1      (5) is outwardly equipped and identified as a school bus, 
 17.2   except for type A-I and type III school buses as defined in 
 17.3   subdivision 6. 
 17.4      (b) For purposes of chapter 169A: 
 17.5      (1) a commercial motor vehicle does not include a farm 
 17.6   truck, fire-fighting equipment, or recreational equipment being 
 17.7   operated by a person within the scope of section 171.02, 
 17.8   subdivision 2, paragraph (b); and 
 17.9      (2) a commercial motor vehicle includes a vehicle capable 
 17.10  of or designed to meet the standards described in paragraph (a), 
 17.11  clause (2), whether or not the towed unit is attached to the 
 17.12  truck-tractor at the time of the violation or stop. 
 17.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 17.14  following final enactment. 
 17.15     Sec. 26.  Minnesota Statutes 2004, section 169.01, 
 17.16  subdivision 81, is amended to read: 
 17.17     Subd. 81.  [RESIDENTIAL ROADWAY.] "Residential roadway" 
 17.18  means a street or portion of a street that is less than one-half 
 17.19  mile in length and is functionally classified as a local street 
 17.20  by the road authority having jurisdiction. 
 17.21     Sec. 27.  Minnesota Statutes 2004, section 169.01, is 
 17.22  amended by adding a subdivision to read: 
 17.23     Subd. 91.  [SCHOOL ZONE.] "School zone" means that section 
 17.24  of a street or highway that abuts the grounds of a school where 
 17.25  children have access to the street or highway from the school 
 17.26  property or where an established school crossing is located; 
 17.27  provided, the school advance sign prescribed by the Manual on 
 17.28  Uniform Traffic Control Devices adopted by the commissioner of 
 17.29  transportation pursuant to section 169.06 is in place.  All 
 17.30  signs erected by local authorities to designate speed limits in 
 17.31  school zones must conform to the Manual on Uniform Traffic 
 17.32  Control Devices. 
 17.33     Sec. 28.  Minnesota Statutes 2004, section 169.06, 
 17.34  subdivision 5, is amended to read: 
 17.35     Subd. 5.  [TRAFFIC-CONTROL SIGNAL.] (a) Whenever traffic is 
 17.36  controlled by traffic-control signals exhibiting different 
 18.1   colored lights, or colored lighted arrows, successively one at a 
 18.2   time or in combination, only the colors Green, Red, and Yellow 
 18.3   shall be used, except for special pedestrian signals carrying a 
 18.4   word or legend, and said.  The traffic-control signal lights 
 18.5   shall or colored lighted arrows indicate and apply to drivers of 
 18.6   vehicles and pedestrians as follows: 
 18.7      (1) Green indication: 
 18.8      (i) Vehicular traffic facing a circular green signal may 
 18.9   proceed straight through or turn right or left unless a sign at 
 18.10  such place prohibits either such turn.  But vehicular traffic, 
 18.11  including vehicles turning right or left, shall yield the 
 18.12  right-of-way to other vehicles and to pedestrians lawfully 
 18.13  within the intersection or adjacent crosswalk at the time such 
 18.14  this signal is exhibited.  
 18.15     (ii) Vehicular traffic facing a green arrow signal, shown 
 18.16  alone or in combination with another indication, may cautiously 
 18.17  enter the intersection only to make the movement indicated by 
 18.18  such the arrow, or such other movement as is permitted by other 
 18.19  indications shown at the same time.  Such vehicular traffic 
 18.20  shall yield the right-of-way to pedestrians lawfully within an 
 18.21  adjacent crosswalk and to other traffic lawfully using the 
 18.22  intersection.  
 18.23     (iii) Unless otherwise directed by a pedestrian-control 
 18.24  signal as provided in subdivision 6, pedestrians facing any 
 18.25  green signal, except when the sole green signal is a turn arrow, 
 18.26  may proceed across the roadway within any marked or unmarked 
 18.27  crosswalk.  Every driver of a vehicle shall yield the 
 18.28  right-of-way to such pedestrian, except that the pedestrian 
 18.29  shall yield the right-of-way to vehicles lawfully within the 
 18.30  intersection at the time that the green signal indication is 
 18.31  first shown. 
 18.32     (2) Steady yellow indication: 
 18.33     (i) Vehicular traffic facing a circular yellow signal is 
 18.34  thereby warned that the related green movement is being 
 18.35  terminated or that a red indication will be exhibited 
 18.36  immediately thereafter when vehicular traffic shall must not 
 19.1   enter the intersection, except for the continued movement 
 19.2   allowed by any green arrow indication simultaneously exhibited.  
 19.3      (ii) Pedestrians facing a circular yellow signal, unless 
 19.4   otherwise directed by a pedestrian-control signal as provided in 
 19.5   subdivision 6, are thereby advised that there is insufficient 
 19.6   time to cross the roadway before a red indication is shown and 
 19.7   no pedestrian shall then start to cross the roadway.  
 19.8      (iii) Vehicular traffic facing a steady yellow arrow signal 
 19.9   is thereby warned that the protected vehicular movement 
 19.10  permitted by the corresponding prior green arrow indication is 
 19.11  being terminated.  
 19.12     (3) Steady red indication: 
 19.13     (i) Vehicular traffic facing a circular red signal alone 
 19.14  shall must stop at a clearly marked stop line, but, if none, 
 19.15  before entering the crosswalk on the near side of the 
 19.16  intersection, or, if none, then before entering the intersection 
 19.17  and shall remain standing until a green indication is shown, 
 19.18  except as follows:  (A) the driver of a vehicle which is stopped 
 19.19  as close as practicable at the entrance to the crosswalk on the 
 19.20  near side of the intersection or, if none, then at the entrance 
 19.21  to the intersection in obedience to a red or stop signal, and 
 19.22  with the intention of making a right turn may make such the 
 19.23  right turn, after stopping, unless an official sign has been 
 19.24  erected prohibiting such movement, but shall yield the 
 19.25  right-of-way to pedestrians and other traffic lawfully 
 19.26  proceeding as directed by the signal at said that intersection; 
 19.27  or (B) the driver of a vehicle on a one-way street which 
 19.28  intersects intersecting another one-way street on which traffic 
 19.29  moves to the left shall stop in obedience to a red or stop 
 19.30  signal and may then make a left turn into said the one-way 
 19.31  street, unless an official sign has been erected prohibiting the 
 19.32  movement, but shall yield the right-of-way to pedestrians and 
 19.33  other traffic lawfully proceeding as directed by the signal at 
 19.34  said that intersection; or (C) the driver of a vehicle on a 
 19.35  metered ramp may proceed without stopping despite a red signal 
 19.36  when there are no other vehicles on the ramp or on any 
 20.1   intersecting ramp, and no vehicle passed the meter during the 
 20.2   previous green signal.  
 20.3      (ii) Unless otherwise directed by a pedestrian-control 
 20.4   signal as provided in subdivision 6, pedestrians facing a steady 
 20.5   red signal alone shall not enter the roadway.  
 20.6      (iii) Vehicular traffic facing a steady red arrow signal, 
 20.7   with the intention of making a movement indicated by the arrow, 
 20.8   shall must stop at a clearly marked stop line, but, if none, 
 20.9   before entering the crosswalk on the near side of the 
 20.10  intersection, or, if none, then before entering the intersection 
 20.11  and shall must remain standing until a permissive signal 
 20.12  indication permitting the movement indicated by the red arrow is 
 20.13  displayed, except as follows:  when an official sign has been 
 20.14  erected permitting a turn on a red arrow signal, the vehicular 
 20.15  traffic facing a red arrow signal indication is permitted to 
 20.16  enter the intersection to turn right, or to turn left from a 
 20.17  one-way street into a one-way street on which traffic moves to 
 20.18  the left, after stopping, but must yield the right-of-way to 
 20.19  pedestrians and other traffic lawfully proceeding as directed by 
 20.20  the signal at that intersection.  
 20.21     (b) In the event an official traffic-control signal is 
 20.22  erected and maintained at a place other than an intersection, 
 20.23  the provisions of this section are applicable except those which 
 20.24  can have no application.  Any stop required shall must be made 
 20.25  at a sign or marking on the pavement indicating where the 
 20.26  stop shall must be made, but in the absence of any such sign or 
 20.27  marking the stop shall must be made at the signal. 
 20.28     (c) When a traffic-control signal indication or indications 
 20.29  placed to control a certain movement or lane are so identified 
 20.30  by placing a sign near the indication or indications, no other 
 20.31  traffic-control signal indication or indications within the 
 20.32  intersection shall control controls vehicular traffic for 
 20.33  such that movement or lane. 
 20.34     Sec. 29.  Minnesota Statutes 2004, section 169.06, is 
 20.35  amended by adding a subdivision to read: 
 20.36     Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
 21.1   purposes of this subdivision, "traffic signal-override device" 
 21.2   means a device mounted in a motor vehicle that permits 
 21.3   activation of a traffic signal-override system described in 
 21.4   subdivision 5a. 
 21.5      (b) No person may operate a motor vehicle that contains a 
 21.6   traffic signal-override device, other than: 
 21.7      (1) an authorized emergency vehicle described in section 
 21.8   169.01, subdivision 5, clause (1), (2), or (3); 
 21.9      (2) a signal maintenance vehicle of a road authority; or 
 21.10     (3) a vehicle authorized to contain such a device by order 
 21.11  of the commissioner of public safety, including, but not limited 
 21.12  to, a vehicle engaged in providing regular-route public transit. 
 21.13     (c) No person may possess a traffic signal-override device, 
 21.14  other than: 
 21.15     (1) a person authorized to operate a vehicle described in 
 21.16  paragraph (b), but only for use in such a vehicle; 
 21.17     (2) a person authorized by a road authority to perform 
 21.18  signal maintenance, while engaged in such maintenance; or 
 21.19     (3) a person authorized by order of the commissioner of 
 21.20  public safety to possess such a device, but only to the extent 
 21.21  authorized in the order. 
 21.22     (d) A violation of this subdivision is a misdemeanor. 
 21.23     Sec. 30.  Minnesota Statutes 2004, section 169.06, 
 21.24  subdivision 6, is amended to read: 
 21.25     Subd. 6.  [PEDESTRIAN CONTROL SIGNAL.] (a) Whenever special 
 21.26  pedestrian-control signals exhibiting the words "Walk" or "Don't 
 21.27  Walk" or symbols of a "walking person" or "upraised hand" are in 
 21.28  place such, the signals shall or symbols indicate as follows: 
 21.29     (1) A steady "Walk," flashing or steady.  Pedestrians 
 21.30  signal or the symbol of a "walking person" indicates that a 
 21.31  pedestrian facing such either of these signals may proceed 
 21.32  across the roadway in the direction of the signal, possibly in 
 21.33  conflict with turning vehicles.  Every driver of a vehicle shall 
 21.34  yield the right-of-way to such pedestrian except that the 
 21.35  pedestrian shall yield the right-of-way to vehicles lawfully 
 21.36  within the intersection at the time that either signal 
 22.1   indication is first shown. 
 22.2      (2) A "Don't Walk," signal or the symbol of an "upraised 
 22.3   hand," flashing or steady.  No, indicates that a pedestrian 
 22.4   shall not start to cross the roadway in the direction of such 
 22.5   signals either signal, but any pedestrian who has partially 
 22.6   crossed on the "Walk" or "walking person" signal indication 
 22.7   shall proceed to a sidewalk or safety island while the "Don't 
 22.8   Walk" signal is showing. 
 22.9      (b) A pedestrian crossing a roadway in conformity with this 
 22.10  section is lawfully within the intersection and, when in a 
 22.11  crosswalk, is lawfully within the crosswalk. 
 22.12     Sec. 31.  Minnesota Statutes 2004, section 169.09, is 
 22.13  amended by adding a subdivision to read: 
 22.14     Subd. 14a.  [VIOLATION; PENALTY FOR OWNER OR LESSEE.] (a) 
 22.15  If a motor vehicle is operated in violation of subdivision 1, 2, 
 22.16  3, 4, 5, 6, 7, or 10, the owner of the vehicle, or for a leased 
 22.17  motor vehicle the lessee of the vehicle, is guilty of a petty 
 22.18  misdemeanor. 
 22.19     (b) The owner or lessee may not be fined under paragraph 
 22.20  (a) if (1) another person is convicted for that violation or (2) 
 22.21  the motor vehicle was stolen at the time of the violation. 
 22.22     (c) Paragraph (a) does not apply to a lessor of a motor 
 22.23  vehicle if the lessor keeps a record of the name and address of 
 22.24  the lessee.  
 22.25     (d) Paragraph (a) does not prohibit or limit the 
 22.26  prosecution of a motor vehicle operator for violating 
 22.27  subdivision 1, 2, 3, 4, 5, 6, 7, or 10.  
 22.28     (e) A violation under paragraph (a) does not constitute 
 22.29  grounds for revocation or suspension of the owner's or lessee's 
 22.30  driver's license.  
 22.31     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2005, 
 22.32  and applies to offenses committed on or after that date. 
 22.33     Sec. 32.  Minnesota Statutes 2004, section 169.14, is 
 22.34  amended by adding a subdivision to read: 
 22.35     Subd. 1a.  [LICENSE REVOCATION.] The driver's license of a 
 22.36  person who violates any speed limit established in this section, 
 23.1   by driving in excess of 100 miles per hour, is revoked for six 
 23.2   months under section 171.17, or for a longer minimum period of 
 23.3   time applicable under section 169A.53, 169A.54, or 171.174. 
 23.4      Sec. 33.  Minnesota Statutes 2004, section 169.14, 
 23.5   subdivision 2, is amended to read: 
 23.6      Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
 23.7   exists the following speeds shall be lawful, but any speeds in 
 23.8   excess of such limits shall be prima facie evidence that the 
 23.9   speed is not reasonable or prudent and that it is unlawful; 
 23.10  except that the speed limit within any municipality shall be a 
 23.11  maximum limit and any speed in excess thereof shall be unlawful: 
 23.12     (1) 30 miles per hour in an urban district or on a town 
 23.13  road in a rural residential district; 
 23.14     (2) 65 miles per hour on noninterstate freeways and 
 23.15  expressways, as defined in section 160.02, subdivision 19; 
 23.16     (3) 55 miles per hour in locations other than those 
 23.17  specified in this section; 
 23.18     (4) 70 miles per hour on interstate highways outside the 
 23.19  limits of any urbanized area with a population of greater than 
 23.20  50,000 as defined by order of the commissioner of 
 23.21  transportation; 
 23.22     (5) 65 miles per hour on interstate highways inside the 
 23.23  limits of any urbanized area with a population of greater than 
 23.24  50,000 as defined by order of the commissioner of 
 23.25  transportation; 
 23.26     (6) ten miles per hour in alleys; and 
 23.27     (7) 25 miles per hour in residential roadways if adopted by 
 23.28  the road authority having jurisdiction over the residential 
 23.29  roadway 25 miles per hour in school zones.  
 23.30     (b) A speed limit adopted under paragraph (a), clause (7), 
 23.31  is not effective unless the road authority has erected signs 
 23.32  designating the speed limit and indicating the beginning and end 
 23.33  of the residential roadway on which the speed limit applies. 
 23.34     (c) For purposes of this subdivision, "rural residential 
 23.35  district" means the territory contiguous to and including any 
 23.36  town road within a subdivision or plat of land that is built up 
 24.1   with dwelling houses at intervals of less than 300 feet for a 
 24.2   distance of one-quarter mile or more. 
 24.3      (c) Notwithstanding section 609.0331 or 609.101 or other 
 24.4   law to the contrary, a person who violates a speed limit 
 24.5   established in this subdivision, or a speed limit designated on 
 24.6   an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by 
 24.7   driving 20 miles per hour or more in excess of the applicable 
 24.8   speed limit, is assessed an additional surcharge equal to the 
 24.9   amount of the fine imposed for the speed violation, but not less 
 24.10  than $25. 
 24.11     Sec. 34.  Minnesota Statutes 2004, section 169.14, 
 24.12  subdivision 4, is amended to read: 
 24.13     Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 
 24.14  as provided in subdivision 5a, on determining upon the basis of 
 24.15  an engineering and traffic investigation that any speed set 
 24.16  forth in this section is greater or less than is reasonable or 
 24.17  safe under the conditions found to exist on any trunk highway or 
 24.18  upon any part thereof, the commissioner may erect appropriate 
 24.19  signs designating a reasonable and safe speed limit thereat, 
 24.20  which speed limit shall be becomes effective when such the signs 
 24.21  are erected there.  Any speeds speed in excess of such these 
 24.22  limits shall be is prima facie evidence that the speed is not 
 24.23  reasonable or prudent and that it is unlawful; except that any 
 24.24  speed limit within any municipality shall be or within any 
 24.25  school zone is a maximum limit and any speed in excess thereof 
 24.26  shall be of that limit is unlawful.  On determining upon that 
 24.27  basis that a part of the trunk highway system outside a 
 24.28  municipality should be a zone of maximum speed limit, the 
 24.29  commissioner may establish that part as such a zone by erecting 
 24.30  appropriate signs showing the beginning and end of the zone, 
 24.31  designating a reasonable and safe speed therefor, which may be 
 24.32  different than the speed set forth in this section, and that it 
 24.33  is a zone of maximum speed limit.  The speed so designated by 
 24.34  the commissioner within any such zone shall be is a maximum 
 24.35  speed limit, and speed in excess of such that limit shall be is 
 24.36  unlawful.  The commissioner may in the same manner from time to 
 25.1   time alter the boundary of such a zone and the speed limit 
 25.2   therein or eliminate such the zone. 
 25.3      Sec. 35.  Minnesota Statutes 2004, section 169.14, 
 25.4   subdivision 5, is amended to read: 
 25.5      Subd. 5.  [ZONING WITHIN LOCAL AREA.] Except as otherwise 
 25.6   provided in subdivision 5f for residential roadways, when local 
 25.7   authorities believe that the existing speed limit upon any 
 25.8   street or highway, or part thereof, within their respective 
 25.9   jurisdictions and not a part of the trunk highway system is 
 25.10  greater or less than is reasonable or safe under existing 
 25.11  conditions, they may request the commissioner to authorize, upon 
 25.12  the basis of an engineering and traffic investigation, the 
 25.13  erection of appropriate signs designating what speed is 
 25.14  reasonable and safe, and the commissioner may authorize the 
 25.15  erection of appropriate signs designating a reasonable and safe 
 25.16  speed limit thereat, which speed limit shall be effective when 
 25.17  such signs are erected.  Any speeds in excess of these speed 
 25.18  limits shall be prima facie evidence that the speed is not 
 25.19  reasonable or prudent and that it is unlawful; except that any 
 25.20  speed limit within any municipality shall be a maximum limit and 
 25.21  any speed in excess thereof shall be unlawful.  Alteration of 
 25.22  speed limits on streets and highways shall be made only upon 
 25.23  authority of the commissioner except as provided in subdivision 
 25.24  5a. 
 25.25     Sec. 36.  Minnesota Statutes 2004, section 169.14, 
 25.26  subdivision 5a, is amended to read: 
 25.27     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 
 25.28  local authorities authority, with the agreement of a school 
 25.29  board or nonpublic school administration, may establish a school 
 25.30  speed limit that is less than 25 miles per hour within a school 
 25.31  zone of a public or nonpublic school upon the basis of an 
 25.32  engineering and traffic investigation as prescribed by the 
 25.33  commissioner of transportation located on a street or highway 
 25.34  within the jurisdiction of the local authority.  The 
 25.35  establishment of a school speed limit that is more than or less 
 25.36  than 25 miles per hour on any trunk highway shall must be with 
 26.1   the consent by agreement of the commissioner of transportation 
 26.2   with the school board or, in the case of a nonpublic school, 
 26.3   with the school's administrator.  Such School speed limits shall 
 26.4   be are in effect when children are present, going to or leaving 
 26.5   school during opening or closing hours or during school recess 
 26.6   periods.  The school speed limit shall not be lower than 15 
 26.7   miles per hour and shall not be more than 30 miles per hour 
 26.8   below the established speed limit on an affected street or 
 26.9   highway. 
 26.10     (b) The school speed limit shall be becomes effective upon 
 26.11  the erection of appropriate signs designating the speed and 
 26.12  indicating the beginning and end of the reduced speed zone.  Any 
 26.13  speed in excess of such the posted school speed limit is 
 26.14  unlawful.  All such These signs shall must be erected by the 
 26.15  local authorities on those streets and highways under their 
 26.16  respective jurisdictions and by the commissioner of 
 26.17  transportation on trunk highways. 
 26.18     (c) For the purpose of this subdivision, "school zone" 
 26.19  means that section of a street or highway which abuts the 
 26.20  grounds of a school where children have access to the street or 
 26.21  highway from the school property or where an established school 
 26.22  crossing is located provided the school advance sign prescribed 
 26.23  by the manual on uniform traffic control devices adopted by the 
 26.24  commissioner of transportation pursuant to section 169.06 is in 
 26.25  place.  All signs erected by local authorities to designate 
 26.26  speed limits in school zones shall conform to the Manual on 
 26.27  Uniform Control Devices. 
 26.28     (d) Notwithstanding section 609.0331 or 609.101 or other 
 26.29  law to the contrary, a person who violates a speed limit 
 26.30  established under this subdivision is assessed an additional 
 26.31  surcharge equal to the amount of the fine imposed for the 
 26.32  violation, but not less than $25. 
 26.33     Sec. 37.  Minnesota Statutes 2004, section 169.14, is 
 26.34  amended by adding a subdivision to read: 
 26.35     Subd. 5f.  [RESIDENTIAL ROADWAY ZONING.] When a road 
 26.36  authority believes that the existing speed limit upon any 
 27.1   residential roadway, or part thereof, within its jurisdiction, 
 27.2   is greater than is reasonable or safe under existing conditions, 
 27.3   it may: 
 27.4      (1) adopt a speed limit of 25 miles per hour; or 
 27.5      (2) establish and adopt a speed limit that is reasonable 
 27.6   and safe, taking into account the results of an engineering and 
 27.7   traffic investigation conducted by the road authority. 
 27.8      The speed limit on the residential roadway is effective 
 27.9   when the road authority erects appropriate signs designating the 
 27.10  speed limit and indicating the beginning and end of the portion 
 27.11  of the residential roadway to which the speed limit applies.  
 27.12  Any speed in excess of this speed limit is prima facie evidence 
 27.13  that the speed is not reasonable and prudent and that it is 
 27.14  unlawful; except that any speed limit within any municipality 
 27.15  shall be a maximum limit and any speed in excess of the speed 
 27.16  limit is unlawful. 
 27.17     Sec. 38.  [169.225] [MOTORIZED FOOT SCOOTER.] 
 27.18     Subdivision 1.  [APPLICATION OF TRAFFIC LAWS.] Every person 
 27.19  operating a motorized foot scooter shall have all rights and 
 27.20  duties applicable to the operator of a bicycle, except in 
 27.21  respect to those provisions relating expressly to motorized foot 
 27.22  scooters and in respect to those provisions of law that by their 
 27.23  nature cannot reasonably be applied to motorized foot scooters.  
 27.24     Subd. 2.  [SIDEWALK AND PASSENGER PROHIBITION.] No person 
 27.25  may operate a motorized foot scooter upon a sidewalk, except 
 27.26  when necessary to enter or leave adjacent property.  No person 
 27.27  may operate a motorized foot scooter that is carrying any person 
 27.28  other than the operator.  
 27.29     Subd. 3.  [MINIMUM AGE FOR OPERATOR.] No person under the 
 27.30  age of 12 years may operate a motorized foot scooter.  
 27.31     Subd. 4.  [PROTECTIVE HEADGEAR.] No person under the age of 
 27.32  18 years may operate a motorized foot scooter without wearing 
 27.33  properly fitted and fastened protective headgear that complies 
 27.34  with standards established by the commissioner of public safety. 
 27.35     Subd. 5.  [REQUIRED LIGHTING EQUIPMENT.] A motorized foot 
 27.36  scooter must be equipped with a headlight and a taillight that 
 28.1   comply with standards established by the commissioner of public 
 28.2   safety if the vehicle is operated under conditions when vehicle 
 28.3   lights are required by law.  
 28.4      Subd. 6.  [OPERATION REQUIREMENTS AND PROHIBITIONS.] (a) A 
 28.5   person operating a motorized foot scooter on a roadway shall 
 28.6   ride as close as practicable to the right-hand curb or edge of 
 28.7   the roadway, except in the following situations: 
 28.8      (1) when overtaking and passing another vehicle proceeding 
 28.9   in the same direction; 
 28.10     (2) when preparing for a left turn, in which case the 
 28.11  operator shall stop and dismount at the right-hand curb or right 
 28.12  edge of the roadway, and shall complete the turn by crossing the 
 28.13  roadway on foot, subject to restrictions placed by law on 
 28.14  pedestrians; or 
 28.15     (3) when reasonably necessary to avoid impediments or 
 28.16  conditions that make it unsafe to continue along the right-hand 
 28.17  curb or edge, including, but not limited to, fixed or moving 
 28.18  objects, vehicles, bicycles, pedestrians, animals, surface 
 28.19  hazards, or narrow lanes. 
 28.20     (b) A person may operate a motorized foot scooter on a 
 28.21  bicycle path, bicycle lane, bicycle trail, or bikeway that is 
 28.22  not reserved for the exclusive use of nonmotorized traffic, 
 28.23  unless the local authority or governing body having jurisdiction 
 28.24  over that path, lane, trail, or bikeway prohibits operation by 
 28.25  law. 
 28.26     Sec. 39.  Minnesota Statutes 2004, section 169.28, 
 28.27  subdivision 2, is amended to read: 
 28.28     Subd. 2.  [EXEMPT CROSSING.] (a) The commissioner may 
 28.29  designate a crossing as an exempt crossing if the crossing is: 
 28.30     (1) if the crossing is on a rail line on which service has 
 28.31  been abandoned; or 
 28.32     (2) if the crossing is on a rail line that carries fewer 
 28.33  than five trains each year, traveling at speeds of ten miles per 
 28.34  hour or less; or 
 28.35     (3) as agreed to by the operating railroad and the 
 28.36  Department of Transportation, following a diagnostic review of 
 29.1   the crossing. 
 29.2      (b) The commissioner shall direct the railroad to erect at 
 29.3   the crossing signs bearing the word "Exempt" that conform to 
 29.4   section 169.06.  The installation or presence of an exempt sign 
 29.5   does not relieve a driver of the duty to use due care.  A train 
 29.6   must not proceed across an exempt crossing unless a police 
 29.7   officer is present to direct traffic or a railroad employee is 
 29.8   on the ground to warn traffic until the train enters the 
 29.9   crossing. 
 29.10     (c) A vehicle that must stop at grade crossings under 
 29.11  subdivision 1 is not required to stop at a marked exempt 
 29.12  crossing unless directed otherwise by a police officer or a 
 29.13  railroad employee. 
 29.14     Sec. 40.  Minnesota Statutes 2004, section 169.345, 
 29.15  subdivision 1, is amended to read: 
 29.16     Subdivision 1.  [SCOPE OF PRIVILEGE.] (a) Except as 
 29.17  provided to the contrary in paragraph (c) or (d), a vehicle that 
 29.18  prominently displays the certificate authorized by this section 
 29.19  or that bears license plates issued under section 168.021, may 
 29.20  be parked by or solely for the benefit of a physically disabled 
 29.21  person: 
 29.22     (1) in a designated parking space for disabled persons, as 
 29.23  provided in section 169.346; 
 29.24     (2) in a metered parking space without obligation to pay 
 29.25  the meter fee and without time restrictions unless time 
 29.26  restrictions are separately posted on official signs; and 
 29.27     (3) without time restrictions in a nonmetered space where 
 29.28  parking is otherwise allowed for passenger vehicles but 
 29.29  restricted to a maximum period of time and which does not 
 29.30  specifically prohibit the exercise of disabled parking 
 29.31  privileges in that space.  
 29.32  A person may park a vehicle for a physically disabled person in 
 29.33  a parking space described in clause (1) or (2) only when 
 29.34  actually transporting the physically disabled person for the 
 29.35  sole benefit of that person and when the parking space is within 
 29.36  a reasonable distance from the drop-off point. 
 30.1      (b) For purposes of this subdivision, a certificate is 
 30.2   prominently displayed if it is displayed so that it may be 
 30.3   viewed from the front and rear of the vehicle by hanging it from 
 30.4   the rearview mirror attached to the front windshield of the 
 30.5   vehicle, section 169.71, subdivision 1, to the contrary 
 30.6   notwithstanding.  If there is no rearview mirror or if the 
 30.7   certificate holder's disability precludes placing the 
 30.8   certificate on the mirror, the placard must be displayed on the 
 30.9   dashboard on the driver's side of the vehicle.  No part of the 
 30.10  certificate may be obscured. 
 30.11     (c) Notwithstanding paragraph (a), clauses (1), (2), and 
 30.12  (3), this section does not permit parking in areas prohibited by 
 30.13  sections section 169.32 and or 169.34, in designated no parking 
 30.14  spaces, in designated "van permit only" disability parking 
 30.15  spaces without the sticker issued under paragraph (d), or in 
 30.16  parking spaces reserved for other specified purposes or 
 30.17  vehicles.  A local governmental unit may, by ordinance, prohibit 
 30.18  parking on any street or highway to create a fire lane, or to 
 30.19  accommodate heavy traffic during morning and afternoon rush 
 30.20  hours and these ordinances also apply to physically disabled 
 30.21  persons. 
 30.22     (d) In addition to the parking authority granted under 
 30.23  paragraph (a), a motor vehicle displaying a special 
 30.24  purple-on-white label or sticker in the top corner of the 
 30.25  windshield on the driver's side, which is used exclusively by a 
 30.26  physically disabled person requiring extra space alongside the 
 30.27  vehicle for a wheelchair or similar conveyance when accessing or 
 30.28  leaving the vehicle, and only that motor vehicle, may be parked 
 30.29  by or solely for the benefit of that person in a parking space 
 30.30  for disabled persons designated as "van permit only."  The 
 30.31  commissioner of public safety, after consultation with the state 
 30.32  Council on Disability, shall design this special purple-on-white 
 30.33  label or sticker for issuance to disabled persons whom the 
 30.34  commissioner considers eligible to use "van permit only" parking 
 30.35  spaces.  
 30.36     <b>[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED</b> 
 31.1   <b>VIOLATOR.]</b> This section is effective August 1, 2005, for 
 31.2   handicapped parking offenses committed on or after that date; 
 31.3   except that, from August 1, 2005, through July 31, 2006, a 
 31.4   physically disabled person who parks a vehicle and does not 
 31.5   violate Minnesota Statutes, section 169.346, subdivision 1, 
 31.6   paragraph (a), clause (3), but does violate Minnesota Statutes, 
 31.7   section 169.346, subdivision 1, paragraph (b), as amended by 
 31.8   this act, must be issued only a warning citation accompanied by 
 31.9   an information brochure about the offense. 
 31.10     Sec. 41.  Minnesota Statutes 2004, section 169.346, 
 31.11  subdivision 1, is amended to read: 
 31.12     Subdivision 1.  [DISABILITY PARKING SPACE PROHIBITIONS.] 
 31.13  (a) A person shall not: 
 31.14     (1) park a motor vehicle in or obstruct access to a parking 
 31.15  space designated and reserved for the physically disabled, on 
 31.16  either private or public property; 
 31.17     (2) park a motor vehicle in or obstruct access to an area 
 31.18  designated by a local governmental unit as a transfer zone for 
 31.19  disabled persons; 
 31.20     (3) exercise the parking privilege provided in section 
 31.21  169.345, unless:  
 31.22     (i) that person is a physically disabled person as defined 
 31.23  in section 169.345, subdivision 2, or the person is transporting 
 31.24  or parking a vehicle for a physically disabled person; and 
 31.25     (ii) the vehicle visibly displays one of the following:  a 
 31.26  license plate issued under section 168.021, a certificate issued 
 31.27  under section 169.345, a temporary permit valid for 30 days 
 31.28  issued under section 168.021 or 169.345, or an equivalent 
 31.29  certificate, insignia, or license plate issued by another state, 
 31.30  a foreign country, or one of its political subdivisions; or 
 31.31     (4) park a motor vehicle in an area used as a regular route 
 31.32  transit stopping point where a transit vehicle that is 
 31.33  accessible to the physically disabled regularly stops and a sign 
 31.34  that bears the international symbol of access in white on blue 
 31.35  is posted.  A sign posted under this clause may display other 
 31.36  information relating to the regular route transit service.  For 
 32.1   purposes of this clause, an area used as a regular route transit 
 32.2   stopping point consists of the 80 feet immediately preceding the 
 32.3   sign described in this clause. 
 32.4      (b) A person, whether disabled or not, shall not park a 
 32.5   motor vehicle that is not displaying the special purple-on-white 
 32.6   label or sticker issued under section 169.345, subdivision 1, 
 32.7   paragraph (d), in a parking space designated as "van permit 
 32.8   only."  A person who violates this paragraph is guilty of a 
 32.9   misdemeanor and subject to a penalty under subdivision 3. 
 32.10     <b>[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED</b> 
 32.11  <b>VIOLATOR.]</b> This section is effective August 1, 2005, for 
 32.12  handicapped parking offenses committed on or after that date; 
 32.13  except that, from August 1, 2005, through July 31, 2006, a 
 32.14  physically disabled person who parks a vehicle and does not 
 32.15  violate Minnesota Statutes, section 169.346, subdivision 1, 
 32.16  paragraph (a), clause (3), but does violate Minnesota Statutes, 
 32.17  section 169.346, subdivision 1, paragraph (b), as amended by 
 32.18  this act, must be issued only a warning citation accompanied by 
 32.19  an information brochure about the offense. 
 32.20     Sec. 42.  Minnesota Statutes 2004, section 169.346, 
 32.21  subdivision 2, is amended to read: 
 32.22     Subd. 2.  [DISABILITY PARKING SPACE SIGNS.] (a) Parking 
 32.23  spaces reserved for physically disabled persons must be 
 32.24  designated and identified by the posting of signs incorporating 
 32.25  the international symbol of access in white on blue and 
 32.26  indicating that violators are subject to a fine of up to $200.  
 32.27     (b) Parking spaces reserved only for physically disabled 
 32.28  persons operating or being transported in motor vehicles that 
 32.29  display the special purple-on-white label or sticker affixed to 
 32.30  the van's windshield in the top corner on the driver's side, 
 32.31  must be designated and identified with an additional 
 32.32  purple-on-white "van permit only" sign attached to the signs 
 32.33  described in paragraph (a). 
 32.34     (c) These parking spaces are reserved for disabled persons 
 32.35  with vehicles displaying the required certificate, license 
 32.36  plates, temporary permit valid for 30 days, or insignia and, for 
 33.1   motor vehicles parking in "van permit only" spaces, displaying 
 33.2   the special purple-on-white label or sticker.  Signs sold 
 33.3      (d) After August 1, 1991 2005, signs posted for parking 
 33.4   spaces reserved for physically disabled persons in parking areas 
 33.5   or lots providing more than 100 total parking spaces must 
 33.6   conform to the design requirements in this paragraph paragraphs 
 33.7   (a) and (b); except that a "van accessible" sign sold before 
 33.8   August 2, 2005, conforms to this subdivision if the owner 
 33.9   attaches a purple-on-white label or sticker that reads "van 
 33.10  permit only" and that completely covers the words "van 
 33.11  accessible."  The owner of a parking lot or area consisting of 
 33.12  100 or fewer total parking spaces is not required to provide a 
 33.13  parking space designated as "van permit only" but shall continue 
 33.14  to provide any "van accessible" spaces provided before August 2, 
 33.15  2005.  
 33.16     (b) (e) For purposes of this subdivision, a parking space 
 33.17  that is clearly identified as reserved for physically disabled 
 33.18  persons by a permanently posted sign that does not meet all 
 33.19  design standards, is considered designated and reserved for 
 33.20  physically disabled persons.  A sign posted for the purpose of 
 33.21  this section must be visible from inside a vehicle parked in the 
 33.22  space, be kept clear of snow or other obstructions which block 
 33.23  its visibility, and be nonmovable or only movable by authorized 
 33.24  persons. 
 33.25     <b>[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED</b> 
 33.26  <b>VIOLATOR.]</b> This section is effective August 1, 2005, for 
 33.27  handicapped parking offenses committed on or after that date; 
 33.28  except that, from August 1, 2005, through July 31, 2006, a 
 33.29  physically disabled person who parks a vehicle and does not 
 33.30  violate Minnesota Statutes, section 169.346, subdivision 1, 
 33.31  paragraph (a), clause (3), but does violate Minnesota Statutes, 
 33.32  section 169.346, subdivision 1, paragraph (b), as amended by 
 33.33  this act, must be issued only a warning citation accompanied by 
 33.34  an information brochure about the offense. 
 33.35     Sec. 43.  Minnesota Statutes 2004, section 169.448, is 
 33.36  amended by adding a subdivision to read: 
 34.1      Subd. 4.  [DAY ACTIVITY CENTER BUSES.] Notwithstanding 
 34.2   subdivision 1, a vehicle used to transport adults to and from a 
 34.3   day activity center may be equipped with prewarning flashing 
 34.4   amber signals and a stop-signal arm, and the operator of the 
 34.5   vehicle may activate this equipment, under the following 
 34.6   circumstances: 
 34.7      (1) the operator possesses a commercial driver's license 
 34.8   with a school bus endorsement; 
 34.9      (2) the vehicle is engaged in picking up or dropping off 
 34.10  adults at locations predesignated by the day activity center 
 34.11  that owns or leases the bus; 
 34.12     (3) the vehicle is identified as a "day activity center 
 34.13  bus" in letters at least eight inches high on the front and rear 
 34.14  top of the bus; and 
 34.15     (4) the name, address, and telephone number of the owner 
 34.16  and operator of the bus is identified on each front door of the 
 34.17  bus in letters not less than three inches high. 
 34.18     The provisions of section 169.444 relating to duties of 
 34.19  care of a motorist to a school bus, and violations thereof, 
 34.20  apply to a vehicle described in this section when the vehicle is 
 34.21  operated in conformity with this subdivision.  The provisions of 
 34.22  section 169.443 relating to bus driver's duties apply to a 
 34.23  vehicle described in this section except those that by their 
 34.24  nature have no application. 
 34.25     Sec. 44.  [169.472] [USE OF MOBILE TELEPHONES.] 
 34.26     Subdivision 1.  [PROHIBITION.] No person may operate a 
 34.27  cellular or wireless telephone, whether handheld or hands free, 
 34.28  while operating a bus, while the bus is in motion. 
 34.29     Subd. 2.  [DEFENSE.] It is an affirmative defense against a 
 34.30  charge of violating subdivision 1 for a person to produce 
 34.31  evidence that the mobile telephone was used for the purpose of 
 34.32  contacting the following in response to an emergency: 
 34.33     (1) a 911 or other emergency telephone number; 
 34.34     (2) a hospital, clinic, or doctor's office; 
 34.35     (3) an ambulance service provider; 
 34.36     (4) a fire department or law enforcement agency; or 
 35.1      (5) a first aid squad. 
 35.2      Sec. 45.  Minnesota Statutes 2004, section 169.522, is 
 35.3   amended to read: 
 35.4      169.522 [SLOW-MOVING VEHICLE, SIGN REQUIRED.] 
 35.5      Subdivision 1.  [DISPLAYING EMBLEM; RULES.] (a) All 
 35.6   animal-drawn vehicles, motorized golf carts when operated on 
 35.7   designated roadways pursuant to section 169.045, implements of 
 35.8   husbandry, and other machinery, including all road construction 
 35.9   machinery, which are designed for operation at a speed of 30 
 35.10  miles per hour or less shall, must display a triangular 
 35.11  slow-moving vehicle emblem, except (1) when being used in actual 
 35.12  construction and maintenance work and traveling within the 
 35.13  limits of a construction area which is marked in accordance with 
 35.14  requirements of the Manual on Uniform Traffic Control Devices, 
 35.15  as set forth in section 169.06, or (2) for a towed implement of 
 35.16  husbandry that is empty and that is not self-propelled, in which 
 35.17  case it may be towed at lawful speeds greater than 30 miles per 
 35.18  hour without removing the slow-moving vehicle emblem.  The 
 35.19  emblem shall must consist of a fluorescent yellow-orange or 
 35.20  illuminated red-orange triangle with a dark red reflective 
 35.21  border and be mounted so as to be visible from a distance of not 
 35.22  less than 600 feet to the rear.  When a primary power unit 
 35.23  towing an implement of husbandry or other machinery displays a 
 35.24  slow-moving vehicle emblem visible from a distance of 600 feet 
 35.25  to the rear, it shall is not be necessary to display a similar 
 35.26  emblem on the secondary unit.  After January 1, 1975, All 
 35.27  slow-moving vehicle emblems sold in this state shall must be so 
 35.28  designed that when properly mounted they are visible from a 
 35.29  distance of not less than 600 feet to the rear when directly in 
 35.30  front of lawful lower beam of headlamps on a motor vehicle.  The 
 35.31  commissioner of public safety shall adopt standards and 
 35.32  specifications for the design and position of mounting the 
 35.33  slow-moving vehicle emblem.  Such standards and 
 35.34  specifications shall must be adopted by rule in accordance with 
 35.35  the Administrative Procedure Act.  A violation of this section 
 35.36  shall not be admissible evidence in any civil cause of action 
 36.1   arising prior to January 1, 1970. 
 36.2      (b) An alternate slow-moving vehicle emblem consisting of a 
 36.3   dull black triangle with a white reflective border may be used 
 36.4   after obtaining a permit from the commissioner under rules of 
 36.5   the commissioner.  A person with a permit to use an alternate 
 36.6   slow-moving vehicle emblem must: 
 36.7      (1) carry in the vehicle a regular slow-moving vehicle 
 36.8   emblem and display the emblem when operating a vehicle between 
 36.9   sunset and sunrise, and at any other time when visibility is 
 36.10  impaired by weather, smoke, fog, or other conditions; and 
 36.11     (2) permanently affix to the rear of the slow-moving 
 36.12  vehicle at least 72 square inches of reflective tape that 
 36.13  reflects the color red. 
 36.14     Subd. 2.  [PROHIBITION ON USE.] The use of this emblem 
 36.15  shall be is restricted to the slow-moving vehicles specified in 
 36.16  subdivision 1 and its use on any other type of vehicle or 
 36.17  stationary object on the highway is prohibited. 
 36.18     Subd. 3.  [DISPLAY REQUIRED.] No person shall sell, lease, 
 36.19  rent, or operate any slow-moving vehicle, as defined in 
 36.20  subdivision 1, except motorized golf carts and except those 
 36.21  units designed to be completely mounted on a primary power unit, 
 36.22  which is manufactured or assembled on or after July 1, 1967, 
 36.23  unless such the vehicle is equipped with a slow-moving vehicle 
 36.24  emblem-mounting device as specified in subdivision 1.  Provided 
 36.25  however, no a slow-moving vehicle shall must not be operated 
 36.26  without such slow-moving vehicle emblem after January 1, 1968. 
 36.27     Sec. 46.  Minnesota Statutes 2004, section 169.685, 
 36.28  subdivision 5, is amended to read: 
 36.29     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
 36.30  vehicle operator, when transporting a child under the age of 
 36.31  four nine and weighing less than 80 pounds on the streets and 
 36.32  highways of this state in a motor vehicle equipped with 
 36.33  factory-installed seat belts, shall equip and install for use in 
 36.34  the motor vehicle, according to the manufacturer's instructions, 
 36.35  a child passenger restraint system meeting federal motor vehicle 
 36.36  safety standards.  
 37.1      (b) No motor vehicle operator who is operating a motor 
 37.2   vehicle on the streets and highways of this state may transport 
 37.3   a child under the age of four nine and weighing less than 80 
 37.4   pounds in a seat of a motor vehicle equipped with a 
 37.5   factory-installed seat belt, unless the child is properly 
 37.6   fastened in the child passenger restraint system.  The driver of 
 37.7   a vehicle shall additionally restrain children under the age of 
 37.8   nine as follows: 
 37.9      (1) a child less than one year of age weighing less than 20 
 37.10  pounds must be properly restrained in a rear-facing child 
 37.11  restraint system; 
 37.12     (2) a child under the age of nine and weighing 80 pounds or 
 37.13  more must be restrained in a properly adjusted seat belt system; 
 37.14     (3) a child under the age of nine must sit in the back seat 
 37.15  unless the vehicle has no forward-facing back seat, all seating 
 37.16  positions in the back are being used by children under the age 
 37.17  of nine, or the child restraint cannot be installed properly in 
 37.18  the back seat; and 
 37.19     (4) a child under the age of nine and weighing 40 pounds or 
 37.20  more may wear a lap-only seat belt in the rear seat if there are 
 37.21  no shoulder belts in the back seat or if all of the shoulder 
 37.22  belts in the back seat are being used by children weighing 40 
 37.23  pounds or more and under the age of 16. 
 37.24     (c) An operator of a pickup truck or sports utility vehicle 
 37.25  who transports a child under the age of nine shall transport the 
 37.26  child within the vehicle's passenger compartment. 
 37.27     (d) Any motor vehicle operator who violates this 
 37.28  subdivision is guilty of a petty misdemeanor and may be 
 37.29  sentenced to pay a fine of not more than $50.  The fine for the 
 37.30  first violation may be waived or the amount reduced if the motor 
 37.31  vehicle operator produces evidence that within 14 days after the 
 37.32  date of the violation a child passenger restraint system meeting 
 37.33  federal motor vehicle safety standards was purchased or obtained 
 37.34  for the exclusive use of the operator.  
 37.35     (c) (e) The fines collected for violations of this 
 37.36  subdivision must be deposited in the state treasury and credited 
 38.1   to a special account to be known as the Minnesota child 
 38.2   passenger restraint and education account. 
 38.3      When issuing a citation for violation of this section, an 
 38.4   officer shall provide to the vehicle operator written 
 38.5   information identifying a source of no-cost child-restraint 
 38.6   equipment for individuals in financial need, if the vehicle does 
 38.7   not contain child-restraint equipment. 
 38.8      Sec. 47.  Minnesota Statutes 2004, section 169.686, 
 38.9   subdivision 1, is amended to read: 
 38.10     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) Except as 
 38.11  provided in section 169.685, subdivision 5, a properly adjusted 
 38.12  and fastened seat belt, including both the shoulder and lap belt 
 38.13  when the vehicle is so equipped, shall be worn by: 
 38.14     (1) the driver and passengers of a passenger vehicle or 
 38.15  commercial motor vehicle; 
 38.16     (2) a passenger riding in the front seat of a passenger 
 38.17  vehicle or commercial motor vehicle; and 
 38.18     (3) a passenger riding in any seat of a passenger vehicle 
 38.19  who is older than three but younger than 11 years of age. 
 38.20     (b) A person who is 15 years of age or older and who 
 38.21  violates paragraph (a), clause (1) or (2), is subject to a fine 
 38.22  of $25 $50.  The driver of the passenger vehicle or commercial 
 38.23  motor vehicle in which the violation occurred is subject to a 
 38.24  $25 $50 fine for a violation of paragraph (a), clause (2) or 
 38.25  (3), by a child of the driver passenger under the age of 15 or 
 38.26  any child under the age of 11.  A peace officer may not issue a 
 38.27  citation for a violation of this section unless the officer 
 38.28  lawfully stopped or detained the driver of the motor vehicle for 
 38.29  a moving violation other than a violation involving motor 
 38.30  vehicle equipment.  The Department of Public Safety shall not 
 38.31  record a violation of this subdivision on a person's driving 
 38.32  record. 
 38.33     Sec. 48.  Minnesota Statutes 2004, section 169.71, 
 38.34  subdivision 1, is amended to read: 
 38.35     Subdivision 1.  [PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a)
 38.36  A person shall not drive or operate any motor vehicle with: 
 39.1      (1) a windshield cracked or discolored to an extent to 
 39.2   limit or obstruct proper vision, or, except for law enforcement 
 39.3   vehicles, with; 
 39.4      (2) any objects suspended between the driver and the 
 39.5   windshield, other than sun visors and rear vision rearview 
 39.6   mirrors,; or with 
 39.7      (3) any sign, poster, or other nontransparent material upon 
 39.8   the front windshield, sidewings, or side or rear windows of such 
 39.9   the vehicle, other than a certificate or other paper required to 
 39.10  be so displayed by law, or authorized by the state director of 
 39.11  the Division of Emergency Management, or the commissioner of 
 39.12  public safety.  
 39.13     (b) Paragraph (a), clauses (2) and (3), do not apply to law 
 39.14  enforcement vehicles. 
 39.15     (c) Paragraph (a), clause (2), does not apply to authorized 
 39.16  emergency vehicles. 
 39.17     Sec. 49.  Minnesota Statutes 2004, section 169.733, is 
 39.18  amended to read: 
 39.19     169.733 [WHEEL FLAPS ON TRUCK AND TRAILER.] 
 39.20     Subdivision 1.  [VEHICLES GENERALLY.] Every truck, 
 39.21  truck-tractor, trailer, semitrailer, pole trailer, and rear-end 
 39.22  dump truck, excepting rear-end dump farm trucks and military 
 39.23  vehicles of the United States, shall must be provided with wheel 
 39.24  flaps or other suitable protection above and behind the rearmost 
 39.25  wheels of the vehicle or combination of vehicles to prevent, as 
 39.26  far as practicable, such wheels from throwing dirt, water, or 
 39.27  other materials on the windshields of following vehicles which 
 39.28  follow.  Such The flaps or protectors shall must be at least 
 39.29  as wide as the tires they are protecting and shall have a ground 
 39.30  clearance of not more than one-fifth of the horizontal distance 
 39.31  from the center of the rearmost axle to the flap under any 
 39.32  conditions of loading or operation of the motor nine inches from 
 39.33  the ground when the vehicle is empty.  
 39.34     Subd. 2.  [VEHICLE WITH CONVEYOR BELT.] For a dump truck or 
 39.35  truck with a rigid box fastened to its frame and having a 
 39.36  conveyor belt or chain in the bottom of the vehicle which that 
 40.1   moves the cargo to the rear end of the vehicle, the flaps shall 
 40.2   must be mounted as far to the rear of the vehicle as practicable 
 40.3   and shall have a ground clearance of not more than 18 inches 
 40.4   when the vehicle is loaded. 
 40.5      Subd. 3.  [BOTTOM-DUMP VEHICLE.] In addition to meeting the 
 40.6   requirements of subdivision 1, a bottom-dump cargo vehicle 
 40.7   transporting sand, gravel, aggregate, dirt, lime rock, silica, 
 40.8   or similar material must be equipped with flaps that are mounted 
 40.9   to the rear of the axles, cover the entire width of the vehicle, 
 40.10  and a center flap between the wheel flaps, which must have a 
 40.11  ground clearance of six inches or less when the vehicle is fully 
 40.12  loaded.  
 40.13     Subd. 4.  [ALTERNATIVE REQUIREMENTS.] If the motor vehicle 
 40.14  is so designed and constructed that the above requirements are 
 40.15  accomplished by means of body construction or other means of 
 40.16  enclosure, then no such protectors or flaps shall be are 
 40.17  required. 
 40.18     Subd. 5.  [EXTENDED FLAPS.] If the rear wheels are not 
 40.19  covered at the top by fenders, body or other parts of the 
 40.20  vehicle, the flap or other protective means shall must be 
 40.21  extended at least to a point directly above the center of the 
 40.22  rearmost axle. 
 40.23     Subd. 6.  [LAMPS OR WIRING.] Lamps or wiring shall not be 
 40.24  attached to fender flaps. 
 40.25     Sec. 50.  Minnesota Statutes 2004, section 169.81, 
 40.26  subdivision 3c, is amended to read: 
 40.27     Subd. 3c.  [RECREATIONAL VEHICLE COMBINATION.] 
 40.28  Notwithstanding subdivision 3, a recreational vehicle 
 40.29  combination may be operated without a permit if: 
 40.30     (1) the combination does not consist of more than three 
 40.31  vehicles, and the towing rating of the pickup truck is equal to 
 40.32  or greater than the total weight of all vehicles being towed; 
 40.33     (2) the combination does not exceed 60 70 feet in length; 
 40.34     (3) the camper-semitrailer middle vehicle in the 
 40.35  combination does not exceed 28 feet in length; 
 40.36     (4) the operator of the combination is at least 18 years of 
 41.1   age; 
 41.2      (5) the trailer carrying a watercraft, motorcycle, 
 41.3   motorized bicycle, off-highway motorcycle, snowmobile, or 
 41.4   all-terrain vehicle meets all requirements of law; 
 41.5      (6) the trailers in the combination are connected to the 
 41.6   pickup truck and each other in conformity with section 169.82; 
 41.7   and 
 41.8      (7) the combination is not operated within the seven-county 
 41.9   metropolitan area, as defined in section 473.121, subdivision 2, 
 41.10  during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 
 41.11  p.m. on Mondays through Fridays. 
 41.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 41.13  following final enactment. 
 41.14     Sec. 51.  Minnesota Statutes 2004, section 169.824, 
 41.15  subdivision 2, is amended to read: 
 41.16     Subd. 2. [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 
 41.17  Notwithstanding the provisions of section 169.85, the gross 
 41.18  vehicle weight of all axles of a vehicle or combination of 
 41.19  vehicles shall not exceed:  
 41.20     (1) 80,000 pounds for any vehicle or combination of 
 41.21  vehicles on all state trunk highways as defined in section 
 41.22  160.02, subdivision 29, and for all routes designated under 
 41.23  section 169.832, subdivision 11; 
 41.24     (2) 88,000 pounds for any vehicle or combination of 
 41.25  vehicles with six or more axles while exclusively engaged in 
 41.26  hauling livestock on all state trunk highways other than 
 41.27  interstate highways, if the vehicle has a permit under section 
 41.28  169.86, subdivision 5, paragraph (k); 
 41.29     (3) 73,280 pounds for any vehicle or combination of 
 41.30  vehicles with five axles or less on all routes, other than state 
 41.31  trunk highways and routes that are designated under section 
 41.32  169.832, subdivision 11, except that a vehicle needing 
 41.33  reasonable access to a terminal or facilities for food, fuel, 
 41.34  repairs, and rest, located within three miles of a ten-ton 
 41.35  route, may not exceed 80,000 pounds.  "Terminal" means any 
 41.36  location where freight either originates, terminates, or is 
 42.1   handled in the transportation process, or where commercial motor 
 42.2   carriers maintain operating facilities; and 
 42.3      (3) (4) 80,000 pounds for any vehicle or combination of 
 42.4   vehicles with six or more axles on all routes, other than state 
 42.5   trunk highways and routes that are designated under section 
 42.6   169.832, subdivision 11.  
 42.7      (b) The maximum weights specified in this section for five 
 42.8   consecutive axles shall not apply to a four-axle ready-mix 
 42.9   concrete truck which was equipped with a fifth axle prior to 
 42.10  June 1, 1981.  The maximum gross weight on four or fewer 
 42.11  consecutive axles of vehicles excepted by this clause shall not 
 42.12  exceed any maximum weight specified for four or fewer 
 42.13  consecutive axles in this section. 
 42.14     Sec. 52.  Minnesota Statutes 2004, section 169.85, 
 42.15  subdivision 1, is amended to read: 
 42.16     Subdivision 1.  [DRIVER TO STOP FOR WEIGHING.] (a) The 
 42.17  driver of a vehicle that has been lawfully stopped may be 
 42.18  required by an officer to submit the vehicle and load to a 
 42.19  weighing by means of portable or stationary scales.  
 42.20     (b) In addition, the officer may require that the vehicle 
 42.21  be driven to the nearest available scales, but only if: 
 42.22     (1) the distance to the scales is no further than five 
 42.23  miles, or if the distance from the point where the vehicle is 
 42.24  stopped to the vehicle's destination is not increased by more 
 42.25  than ten miles as a result of proceeding to the nearest 
 42.26  available scales; and 
 42.27     (2) if the vehicle is a commercial motor vehicle, no more 
 42.28  than two other commercial motor vehicles are waiting to be 
 42.29  inspected at the scale.  
 42.30     (c) Official traffic control devices as authorized by 
 42.31  section 169.06 may be used to direct the driver to the nearest 
 42.32  scale.  
 42.33     (d) When a truck weight enforcement operation is conducted 
 42.34  by means of portable or stationary scales and, signs giving 
 42.35  notice of the operation are must be posted within the highway 
 42.36  right-of-way and adjacent to the roadway within two miles of the 
 43.1   operation,.  The driver of a truck or combination of vehicles 
 43.2   registered for or weighing in excess of 12,000 pounds shall 
 43.3   proceed to the scale site and submit the vehicle to weighing and 
 43.4   inspection. 
 43.5      Sec. 53.  Minnesota Statutes 2004, section 169.85, 
 43.6   subdivision 6, is amended to read: 
 43.7      Subd. 6.  [OFFICER DEFINED.] When used in this section, the 
 43.8   word "officer" means a peace officer or member of the State 
 43.9   Patrol, an employee of the Department of Public Safety described 
 43.10  in section 299D.06, or a peace officer or person under the 
 43.11  officer's direction and control employed by a local unit of 
 43.12  government who is trained in weight enforcement by the 
 43.13  Department of Public Safety. 
 43.14     Sec. 54.  Minnesota Statutes 2004, section 169.86, 
 43.15  subdivision 5, is amended to read: 
 43.16     Subd. 5.  [FEE; PROCEEDS DEPOSITED; APPROPRIATION.] The 
 43.17  commissioner, with respect to highways under the commissioner's 
 43.18  jurisdiction, may charge a fee for each permit issued.  All such 
 43.19  fees for permits issued by the commissioner of transportation 
 43.20  shall be deposited in the state treasury and credited to the 
 43.21  trunk highway fund.  Except for those annual permits for which 
 43.22  the permit fees are specified elsewhere in this chapter, the 
 43.23  fees shall be: 
 43.24     (a) $15 for each single trip permit. 
 43.25     (b) $36 for each job permit.  A job permit may be issued 
 43.26  for like loads carried on a specific route for a period not to 
 43.27  exceed two months.  "Like loads" means loads of the same 
 43.28  product, weight, and dimension. 
 43.29     (c) $60 for an annual permit to be issued for a period not 
 43.30  to exceed 12 consecutive months.  Annual permits may be issued 
 43.31  for: 
 43.32     (1) motor vehicles used to alleviate a temporary crisis 
 43.33  adversely affecting the safety or well-being of the public; 
 43.34     (2) motor vehicles which travel on interstate highways and 
 43.35  carry loads authorized under subdivision 1a; 
 43.36     (3) motor vehicles operating with gross weights authorized 
 44.1   under section 169.826, subdivision 1a; 
 44.2      (4) special pulpwood vehicles described in section 169.863; 
 44.3      (5) motor vehicles bearing snowplow blades not exceeding 
 44.4   ten feet in width; and 
 44.5      (6) noncommercial transportation of a boat by the owner or 
 44.6   user of the boat. 
 44.7      (d) $120 for an oversize annual permit to be issued for a 
 44.8   period not to exceed 12 consecutive months.  Annual permits may 
 44.9   be issued for:  
 44.10     (1) mobile cranes; 
 44.11     (2) construction equipment, machinery, and supplies; 
 44.12     (3) manufactured homes; 
 44.13     (4) implements of husbandry when the movement is not made 
 44.14  according to the provisions of paragraph (i); 
 44.15     (5) double-deck buses; 
 44.16     (6) commercial boat hauling; and 
 44.17     (7) three-vehicle combinations consisting of two empty, 
 44.18  newly manufactured trailers for cargo, horses, or livestock, not 
 44.19  to exceed 28-1/2 feet per trailer; provided, however, the permit 
 44.20  allows the vehicles to be moved from a trailer manufacturer to a 
 44.21  trailer dealer only while operating on twin-trailer routes 
 44.22  designated under section 169.81, subdivision 3, paragraph (c).  
 44.23     (e) For vehicles which have axle weights exceeding the 
 44.24  weight limitations of sections 169.822 to 169.829, an additional 
 44.25  cost added to the fees listed above.  However, this paragraph 
 44.26  applies to any vehicle described in section 168.013, subdivision 
 44.27  3, paragraph (b), but only when the vehicle exceeds its gross 
 44.28  weight allowance set forth in that paragraph, and then the 
 44.29  additional cost is for all weight, including the allowance 
 44.30  weight, in excess of the permitted maximum axle weight.  The 
 44.31  additional cost is equal to the product of the distance traveled 
 44.32  times the sum of the overweight axle group cost factors shown in 
 44.33  the following chart:  
 44.34                 Overweight Axle Group Cost Factors 
 44.35  Weight (pounds)         Cost Per Mile For Each Group Of:
 44.36  exceeding       Two consec-     Three consec-   Four consec-
 45.1   weight          utive axles     utive axles     utive axles
 45.2   limitations     spaced within   spaced within   spaced within
 45.3   on axles        8 feet or less  9 feet or less  14 feet or less 
 45.4        0-2,000    .12             .05             .04
 45.5    2,001-4,000    .14             .06             .05
 45.6    4,001-6,000    .18             .07             .06
 45.7    6,001-8,000    .21             .09             .07
 45.8    8,001-10,000   .26             .10             .08
 45.9   10,001-12,000   .30             .12             .09
 45.10  12,001-14,000   Not permitted   .14             .11
 45.11  14,001-16,000   Not permitted   .17             .12
 45.12  16,001-18,000   Not permitted   .19             .15
 45.13  18,001-20,000   Not permitted   Not permitted   .16
 45.14  20,001-22,000   Not permitted   Not permitted   .20
 45.15  The amounts added are rounded to the nearest cent for each axle 
 45.16  or axle group.  The additional cost does not apply to paragraph 
 45.17  (c), clauses (1) and (3).  
 45.18  For a vehicle found to exceed the appropriate maximum permitted 
 45.19  weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
 45.20  a ton, over the permitted maximum weight is imposed in addition 
 45.21  to the normal permit fee.  Miles must be calculated based on the 
 45.22  distance already traveled in the state plus the distance from 
 45.23  the point of detection to a transportation loading site or 
 45.24  unloading site within the state or to the point of exit from the 
 45.25  state. 
 45.26     (f) As an alternative to paragraph (e), an annual permit 
 45.27  may be issued for overweight, or oversize and overweight, 
 45.28  construction equipment, machinery, and supplies.  The fees for 
 45.29  the permit are as follows:  
 45.30  Gross Weight (pounds) of Vehicle          Annual Permit Fee
 45.31       90,000 or less                             $200
 45.32       90,001 - 100,000                           $300
 45.33      100,001 - 110,000                           $400
 45.34      110,001 - 120,000                           $500
 45.35      120,001 - 130,000                           $600
 45.36      130,001 - 140,000                           $700
 46.1       140,001 - 145,000                           $800
 46.2   If the gross weight of the vehicle is more than 145,000 pounds 
 46.3   the permit fee is determined under paragraph (e). 
 46.4      (g) For vehicles which exceed the width limitations set 
 46.5   forth in section 169.80 by more than 72 inches, an additional 
 46.6   cost equal to $120 added to the amount in paragraph (a) when the 
 46.7   permit is issued while seasonal load restrictions pursuant to 
 46.8   section 169.87 are in effect. 
 46.9      (h) $85 for an annual permit to be issued for a period not 
 46.10  to exceed 12 months, for refuse-compactor vehicles that carry a 
 46.11  gross weight of not more than:  22,000 pounds on a single rear 
 46.12  axle; 38,000 pounds on a tandem rear axle; or, subject to 
 46.13  section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
 46.14  axle.  A permit issued for up to 46,000 pounds on a tridem rear 
 46.15  axle must limit the gross vehicle weight to not more than 62,000 
 46.16  pounds. 
 46.17     (i) For vehicles exclusively transporting implements of 
 46.18  husbandry, an annual permit fee of $24.  A vehicle operated 
 46.19  under a permit authorized by this paragraph may be moved at the 
 46.20  discretion of the permit holder without prior route approval by 
 46.21  the commissioner if: 
 46.22     (1) the total width of the transporting vehicle, including 
 46.23  load, does not exceed 14 feet; 
 46.24     (2) the vehicle is operated only between sunrise and 30 
 46.25  minutes after sunset, and is not operated at any time after 
 46.26  12:00 noon on Sundays or holidays; 
 46.27     (3) the vehicle is not operated when visibility is impaired 
 46.28  by weather, fog, or other conditions that render persons and 
 46.29  other vehicles not clearly visible at 500 feet; 
 46.30     (4) the vehicle displays at the front and rear of the load 
 46.31  or vehicle a pair of flashing amber lights, as provided in 
 46.32  section 169.59, subdivision 4, whenever the overall width of the 
 46.33  vehicle exceeds 126 inches; and 
 46.34     (5) the vehicle is not operated on a trunk highway with a 
 46.35  surfaced roadway width of less than 24 feet unless such 
 46.36  operation is authorized by the permit. 
 47.1   A permit under this paragraph authorizes movements of the 
 47.2   permitted vehicle on an interstate highway, and movements of 75 
 47.3   miles or more on other highways. 
 47.4      (j) $300 for a motor vehicle described in section 
 47.5   169.8261.  The fee under this paragraph must be deposited as 
 47.6   follows: 
 47.7      (1) in fiscal years 2005 through 2010: 
 47.8      (i) the first $50,000 in each fiscal year must be deposited 
 47.9   in the trunk highway fund for costs related to administering the 
 47.10  permit program and inspecting and posting bridges; 
 47.11     (ii) all remaining money in each fiscal year must be 
 47.12  deposited in a bridge inspection and signing account in the 
 47.13  special revenue fund.  Money in the account is appropriated to 
 47.14  the commissioner for: 
 47.15     (A) inspection of local bridges and identification of local 
 47.16  bridges to be posted, including contracting with a consultant 
 47.17  for some or all of these functions; and 
 47.18     (B) erection of weight-posting signs on local bridges; and 
 47.19     (2) in fiscal year 2011 and subsequent years must be 
 47.20  deposited in the trunk highway fund. 
 47.21     (k) $200 for an annual permit for a vehicle operating under 
 47.22  authority of section 169.824, subdivision 2, paragraph (a), 
 47.23  clause (2). 
 47.24     Sec. 55.  Minnesota Statutes 2004, section 169.87, 
 47.25  subdivision 5, is amended to read: 
 47.26     Subd. 5.  [UTILITY VEHICLES.] (a) Weight restrictions 
 47.27  imposed by the commissioner under subdivision subdivisions 1 and 
 47.28  2 do not apply to a two-axle or three-axle utility vehicle that 
 47.29  does not exceed a weight of 20,000 pounds per single axle and 
 47.30  36,000 pounds gross vehicle weight for a two-axle vehicle or 
 47.31  48,000 pounds gross vehicle weight for a three-axle vehicle, if 
 47.32  the vehicle is owned by: 
 47.33     (1) a public utility as defined in section 216B.02; 
 47.34     (2) a municipality or municipal utility that operates the 
 47.35  vehicle for its municipal electric, gas, or water system; or 
 47.36     (3) a cooperative electric association organized under 
 48.1   chapter 308A. 
 48.2      (b) The exemption in this subdivision applies only when the 
 48.3   vehicle is performing service restoration or other work 
 48.4   necessary to prevent an imminent loss of service. 
 48.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 48.6   following final enactment. 
 48.7      Sec. 56.  Minnesota Statutes 2004, section 171.01, 
 48.8   subdivision 22, is amended to read: 
 48.9      Subd. 22.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
 48.10  vehicle" means a motor vehicle or combination of motor vehicles 
 48.11  used to transport passengers or property if the motor vehicle: 
 48.12     (1) has a gross vehicle weight of more than 26,000 pounds; 
 48.13     (2) has a towed unit with a gross vehicle weight of more 
 48.14  than 10,000 pounds and the combination of vehicles has a 
 48.15  combined gross vehicle weight of more than 26,000 pounds; 
 48.16     (3) is a bus; 
 48.17     (4) is of any size and is used in the transportation of 
 48.18  hazardous materials, except for those vehicles having a gross 
 48.19  vehicle weight of 26,000 pounds or less and carrying in bulk 
 48.20  tanks a total of not more than 200 gallons of liquid fertilizer 
 48.21  and petroleum products that are required to be placarded under 
 48.22  Code of Federal Regulations, title 49, parts 100-185; or 
 48.23     (5) is outwardly equipped and identified as a school bus, 
 48.24  except for school buses defined in section 169.01, subdivision 
 48.25  6, clause (5). 
 48.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 48.27  following final enactment. 
 48.28     Sec. 57.  Minnesota Statutes 2004, section 171.02, 
 48.29  subdivision 2, is amended to read: 
 48.30     Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
 48.31  EXEMPTIONS.] (a) Drivers' licenses shall be classified according 
 48.32  to the types of vehicles which may be driven by the holder of 
 48.33  each type or class of license.  The commissioner may, as 
 48.34  appropriate, subdivide the classes listed in this subdivision 
 48.35  and issue licenses classified accordingly.  Except as provided 
 48.36  in subdivision 2a, no class of license shall be valid to operate 
 49.1   a motorcycle, school bus, tank vehicle, double-trailer or 
 49.2   triple-trailer combination, vehicle transporting hazardous 
 49.3   materials, or bus, unless so endorsed. 
 49.4   There shall be four general classes of licenses as follows: 
 49.5      (b) Class D; valid for: 
 49.6      (1) operating all farm trucks when operated by (i) the 
 49.7   owner, (ii) an immediate family member of the owner, (iii) an 
 49.8   employee of the owner not primarily employed to operate the farm 
 49.9   truck, within 150 miles of the farm, or (iv) an employee of the 
 49.10  owner employed during harvest to operate the farm truck for the 
 49.11  first, continuous transportation of agricultural products from 
 49.12  the production site or on-farm storage site to any other 
 49.13  location within 50 miles of that site; 
 49.14     (2) operating fire trucks and emergency fire equipment, 
 49.15  whether or not in excess of 26,000 pounds gross vehicle weight, 
 49.16  when operated by a firefighter while on duty, or by a tiller 
 49.17  operator employed by a fire department who drives the rear 
 49.18  portion of a midmount aerial ladder truck; 
 49.19     (3) operating recreational equipment as defined in section 
 49.20  168.011, subdivision 25, that is operated for personal use; 
 49.21     (4) operating all single-unit vehicles except vehicles with 
 49.22  a gross vehicle weight of more than 26,000 pounds, vehicles 
 49.23  designed to carry more than 15 passengers including the driver, 
 49.24  and vehicles that carry hazardous materials; and 
 49.25     (5) notwithstanding paragraph (c), operating a type A 
 49.26  school bus without a school bus endorsement if: 
 49.27     (i) the bus has a gross vehicle weight of 10,000 pounds or 
 49.28  less; 
 49.29     (ii) the bus is designed to transport 15 or fewer 
 49.30  passengers, including the driver; and 
 49.31     (iii) the requirements of subdivision 2a, paragraph (b), 
 49.32  are satisfied, as determined by the commissioner. 
 49.33  The holder of a class D license may also tow; 
 49.34     (6) operating any vehicle or combination of vehicles when 
 49.35  operated by a licensed peace officer while on duty; and 
 49.36     (7) towing vehicles if the combination of vehicles has a 
 50.1   gross vehicle weight of 26,000 pounds or less. 
 50.2      (c) Class C; valid for:  
 50.3      (1) operating class D vehicles; 
 50.4      (2) with a hazardous materials endorsement, transporting 
 50.5   hazardous materials in class D vehicles; and 
 50.6      (3) with a school bus endorsement, operating school buses 
 50.7   designed to transport 15 or fewer passengers, including the 
 50.8   driver. 
 50.9      (d) Class B; valid for: 
 50.10     (1) operating all vehicles in class C, and class D 
 50.11  vehicles, and all other single-unit vehicles including, with a 
 50.12  passenger endorsement, buses.  The holder of a class B license 
 50.13  may tow; and 
 50.14     (2) towing only vehicles with a gross vehicle weight of 
 50.15  10,000 pounds or less. 
 50.16     (e) Class A; valid for operating any vehicle or combination 
 50.17  of vehicles. 
 50.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 50.19  following final enactment. 
 50.20     Sec. 58.  Minnesota Statutes 2004, section 171.05, 
 50.21  subdivision 2b, is amended to read: 
 50.22     Subd. 2b.  [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.] 
 50.23  (a) This subdivision applies to persons who have applied for and 
 50.24  received an instruction permit under subdivision 2. 
 50.25     (b) The permit holder may, with the permit in possession, 
 50.26  operate a motor vehicle, but must be accompanied by and be under 
 50.27  the supervision of a certified driver education instructor, the 
 50.28  permit holder's parent or guardian, or another licensed driver 
 50.29  age 21 or older.  The supervisor must occupy the seat beside the 
 50.30  permit holder. 
 50.31     (c) The permit holder may operate a motor vehicle only when 
 50.32  every occupant under the age of 18 15 has a seat belt or child 
 50.33  passenger restraint system properly fastened according to 
 50.34  sections 169.685 and 169.686.  A person who violates this 
 50.35  paragraph is subject to a fine of $25 $50.  A peace officer may 
 50.36  not issue a citation for a violation of this paragraph unless 
 51.1   the officer lawfully stopped or detained the driver of the motor 
 51.2   vehicle for a moving violation as defined in section 171.04, 
 51.3   subdivision 1 A passenger who is at least 15 years of age is 
 51.4   subject to the requirements and penalty of section 169.686.  The 
 51.5   commissioner shall not record a violation of this paragraph on a 
 51.6   person's driving record. 
 51.7      (d) The permit holder may not operate a vehicle while 
 51.8   communicating over, or otherwise operating, a cellular or 
 51.9   wireless telephone, whether handheld or hands free.  The permit 
 51.10  holder may assert as an affirmative defense that the violation 
 51.11  was made for the sole purpose of obtaining emergency assistance 
 51.12  to prevent a crime about to be committed, or in the reasonable 
 51.13  belief that a person's life or safety was in danger. 
 51.14     (e) The permit holder must maintain a driving record free 
 51.15  of convictions for moving violations, as defined in section 
 51.16  171.04, subdivision 1, and free of convictions for violation of 
 51.17  section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 
 51.18  169A.53.  If the permit holder drives a motor vehicle in 
 51.19  violation of the law, the commissioner shall suspend, cancel, or 
 51.20  revoke the permit in accordance with the statutory section 
 51.21  violated. 
 51.22     Sec. 59.  Minnesota Statutes 2004, section 171.055, 
 51.23  subdivision 2, is amended to read: 
 51.24     Subd. 2.  [USE OF PROVISIONAL LICENSE.] (a) A provisional 
 51.25  license holder may operate a motor vehicle only when every 
 51.26  occupant under the age of 18 15 has a seat belt or child 
 51.27  passenger restraint system properly fastened according to 
 51.28  sections 169.685 and 169.686.  A person who violates this 
 51.29  paragraph is subject to a fine of $25 $50.  A peace officer may 
 51.30  not issue a citation for a violation of this paragraph unless 
 51.31  the officer lawfully stopped or detained the driver of the motor 
 51.32  vehicle for a moving violation as defined in section 171.04.  A 
 51.33  passenger who is at least 15 years of age is subject to the 
 51.34  requirements and penalty of section 169.686.  The commissioner 
 51.35  shall not record a violation of this paragraph on a person's 
 51.36  driving record. 
 52.1      (b) A provisional license holder may not operate a motor 
 52.2   vehicle: 
 52.3      (1) during the first six months of provisional licensure, 
 52.4   with more than one passenger, except family members; or 
 52.5      (2) between the hours of midnight and 5:00 a.m. 
 52.6      (c) A provisional license holder may not operate a vehicle 
 52.7   while communicating over, or otherwise operating, a cellular or 
 52.8   wireless telephone, whether handheld or hands free.  The 
 52.9   provisional license holder may assert as an affirmative defense 
 52.10  that the violation was made for the sole purpose of obtaining 
 52.11  emergency assistance to prevent a crime about to be committed, 
 52.12  or in the reasonable belief that a person's life or safety was 
 52.13  in danger. 
 52.14     (d) If the holder of a provisional license during the 
 52.15  period of provisional licensing incurs (1) a conviction for a 
 52.16  violation of section 169A.20, 169A.33, 169A.35, or sections 
 52.17  169A.50 to 169A.53, (2) a conviction for a crash-related moving 
 52.18  violation as defined in section 171.04, or (3) more than one 
 52.19  conviction for a moving violation that is not crash related, the 
 52.20  person may not be issued a driver's license until 12 consecutive 
 52.21  months have expired since the date of the conviction or until 
 52.22  the person reaches the age of 18 years, whichever occurs first. 
 52.23     Sec. 60.  Minnesota Statutes 2004, section 171.12, 
 52.24  subdivision 7, is amended to read: 
 52.25     Subd. 7.  [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 
 52.26  for a driver's license or a Minnesota identification card may 
 52.27  request that the applicant's residence address be classified as 
 52.28  private data on individuals, as defined in section 13.02, 
 52.29  subdivision 12.  The commissioner shall grant the classification 
 52.30  upon receipt of a signed statement by the individual that the 
 52.31  classification is required for the safety of the applicant or 
 52.32  the applicant's family, if the statement also provides a valid, 
 52.33  existing address where the applicant consents to receive service 
 52.34  of process.  The commissioner shall use the mailing address in 
 52.35  place of the residence address in all documents and notices 
 52.36  pertaining to the driver's license or identification card.  The 
 53.1   residence address and any information provided in the 
 53.2   classification request, other than the mailing address, are 
 53.3   private data on individuals and may be provided to requesting 
 53.4   law enforcement agencies, probation and parole agencies, and 
 53.5   public authorities, as defined in section 518.54, subdivision 9. 
 53.6      (b) An applicant for a driver's license or a Minnesota 
 53.7   identification card must be informed in a clear and conspicuous 
 53.8   manner on the forms for the issuance or renewal that the 
 53.9   applicant's personal information may be disclosed to any person 
 53.10  who makes a request for the personal information, and that 
 53.11  except for uses permitted by United States Code, title 18, 
 53.12  section 2721, subsection (b), the applicant may prohibit 
 53.13  disclosure of the personal information by so indicating on the 
 53.14  form. 
 53.15     (c) An applicant for a driver's license or a Minnesota 
 53.16  identification card must be also informed in a clear and 
 53.17  conspicuous manner on forms that the applicant's personal 
 53.18  information may be used, rented, or sold solely for bulk 
 53.19  distribution by organizations for business purposes, including 
 53.20  surveys, marketing, or solicitation.  The commissioner shall 
 53.21  implement methods and procedures that enable the applicant to 
 53.22  request that bulk surveys, marketing, or solicitation not be 
 53.23  directed to the applicant.  If the applicant so requests, the 
 53.24  commissioner shall implement the request in a timely manner and 
 53.25  the personal information may not be so used. 
 53.26     (d) To the extent permitted by United States Code, title 
 53.27  18, section 2721, data on individuals provided to obtain a 
 53.28  Minnesota identification card or a driver's license is public 
 53.29  data on individuals and shall must be disclosed as permitted by 
 53.30  United States Code, title 18, section 2721, subsection (b). 
 53.31     (e) A person shall not retain any information from 
 53.32  magnetically, electronically, or otherwise scanning a driver's 
 53.33  license, permit, or state identification card, except the 
 53.34  document holder's name; date of birth; driver's license, permit, 
 53.35  or state identification card number; and document expiration 
 53.36  date.  A person shall not use any of this retained information 
 54.1   for advertising or marketing purposes.  A person shall not sell 
 54.2   and shall not otherwise disseminate the retained information to 
 54.3   any third party for any purpose, including any marketing, 
 54.4   advertising, or promotional activities, except that retained 
 54.5   information may be provided under a court order or as authorized 
 54.6   elsewhere in law. 
 54.7      Sec. 61.  Minnesota Statutes 2004, section 171.17, 
 54.8   subdivision 1, is amended to read: 
 54.9      Subdivision 1.  [OFFENSES.] (a) The department shall 
 54.10  immediately revoke the license of a driver upon receiving a 
 54.11  record of the driver's conviction of: 
 54.12     (1) manslaughter resulting from the operation of a motor 
 54.13  vehicle or criminal vehicular homicide or injury under section 
 54.14  609.21; 
 54.15     (2) a violation of section 169A.20 or 609.487; 
 54.16     (3) a felony in the commission of which a motor vehicle was 
 54.17  used; 
 54.18     (4) failure to stop and disclose identity and render aid, 
 54.19  as required under section 169.09, in the event of a motor 
 54.20  vehicle accident, resulting in the death or personal injury of 
 54.21  another; 
 54.22     (5) perjury or the making of a false affidavit or statement 
 54.23  to the department under any law relating to the ownership or 
 54.24  operation of a motor vehicle; 
 54.25     (6) except as this section otherwise provides, three 
 54.26  charges of violating within a period of 12 months any of the 
 54.27  provisions of chapter 169 or of the rules or municipal 
 54.28  ordinances enacted in conformance with chapter 169, for which 
 54.29  the accused may be punished upon conviction by imprisonment; 
 54.30     (7) two or more violations, within five years, of the 
 54.31  misdemeanor offense described in section 169.444, subdivision 2, 
 54.32  paragraph (a); 
 54.33     (8) the gross misdemeanor offense described in section 
 54.34  169.444, subdivision 2, paragraph (b); or 
 54.35     (9) an offense in another state that, if committed in this 
 54.36  state, would be grounds for revoking the driver's license; or 
 55.1      (10) a violation of an applicable speed limit by a person 
 55.2   driving in excess of 100 miles per hour.  The person's license 
 55.3   must be revoked for six months for a violation of this clause, 
 55.4   or for a longer minimum period of time applicable under section 
 55.5   169A.53, 169A.54, or 171.174. 
 55.6      (b) The department shall immediately revoke the school bus 
 55.7   endorsement of a driver upon receiving a record of the driver's 
 55.8   conviction of the misdemeanor offense described in section 
 55.9   169.443, subdivision 7. 
 55.10     Sec. 62.  Minnesota Statutes 2004, section 171.30, 
 55.11  subdivision 1, is amended to read: 
 55.12     Subdivision 1.  [CONDITIONS OF ISSUANCE.] (a) In any case 
 55.13  where a person's license has been suspended under section 
 55.14  171.18, 171.173, or 171.186, or revoked under section 169.792, 
 55.15  169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner 
 55.16  may issue a limited license to the driver including under the 
 55.17  following conditions:  
 55.18     (1) if the driver's livelihood or attendance at a chemical 
 55.19  dependency treatment or counseling program depends upon the use 
 55.20  of the driver's license; 
 55.21     (2) if the use of a driver's license by a homemaker is 
 55.22  necessary to prevent the substantial disruption of the 
 55.23  education, medical, or nutritional needs of the family of the 
 55.24  homemaker; or 
 55.25     (3) if attendance at a postsecondary institution of 
 55.26  education by an enrolled student of that institution depends 
 55.27  upon the use of the driver's license.  
 55.28     (b) The commissioner in issuing a limited license may 
 55.29  impose such conditions and limitations as in the commissioner's 
 55.30  judgment are necessary to the interests of the public safety and 
 55.31  welfare including reexamination as to the driver's 
 55.32  qualifications.  The license may be limited to the operation of 
 55.33  particular vehicles, to particular classes and times of 
 55.34  operation, and to particular conditions of traffic.  The 
 55.35  commissioner may require that an applicant for a limited license 
 55.36  affirmatively demonstrate that use of public transportation or 
 56.1   carpooling as an alternative to a limited license would be a 
 56.2   significant hardship.  
 56.3      (c) For purposes of this subdivision, "homemaker" refers to 
 56.4   the person primarily performing the domestic tasks in a 
 56.5   household of residents consisting of at least the person and the 
 56.6   person's dependent child or other dependents. 
 56.7      (d) The limited license issued by the commissioner shall 
 56.8   clearly indicate the limitations imposed and the driver 
 56.9   operating under the limited license shall have the license in 
 56.10  possession at all times when operating as a driver. 
 56.11     (e) In determining whether to issue a limited license, the 
 56.12  commissioner shall consider the number and the seriousness of 
 56.13  prior convictions and the entire driving record of the driver 
 56.14  and shall consider the number of miles driven by the driver 
 56.15  annually. 
 56.16     (f) If the person's driver's license or permit to drive has 
 56.17  been revoked under section 169.792 or 169.797, the commissioner 
 56.18  may only issue a limited license to the person after the person 
 56.19  has presented an insurance identification card, policy, or 
 56.20  written statement indicating that the driver or owner has 
 56.21  insurance coverage satisfactory to the commissioner of public 
 56.22  safety.  The commissioner of public safety may require the 
 56.23  insurance identification card provided to satisfy this 
 56.24  subdivision be certified by the insurance company to be 
 56.25  noncancelable for a period not to exceed 12 months. 
 56.26     (g) The limited license issued by the commissioner to a 
 56.27  person under section 171.186, subdivision 4, must expire 90 days 
 56.28  after the date it is issued.  The commissioner must not issue a 
 56.29  limited license to a person who previously has been issued a 
 56.30  limited license under section 171.186, subdivision 4. 
 56.31     (h) The commissioner shall not issue a limited driver's 
 56.32  license to any person described in section 171.04, subdivision 
 56.33  1, clause (6), (7), (8), (10), (11), or (14). 
 56.34     (i) The commissioner shall not issue a class A, class B, or 
 56.35  class C limited license. 
 56.36     Sec. 63.  Minnesota Statutes 2004, section 174.03, is 
 57.1   amended by adding a subdivision to read: 
 57.2      Subd. 2a.  [STATE AVIATION PLAN.] (a) Each revision of the 
 57.3   state aviation system plan must comply with the Federal Aviation 
 57.4   Administration requirements and include a supplemental chapter.  
 57.5   The supplemental chapter must include the following: 
 57.6      (1) an analysis of the projected commercial aviation needs 
 57.7   of the state over the next 20 years; 
 57.8      (2) a description of the present capacity, function, and 
 57.9   levels of activity at each commercial service airport as 
 57.10  designated by the Federal Aviation Administration, each airport 
 57.11  that the commissioner determines is likely to become a 
 57.12  commercial service airport in the next 20 years, and any other 
 57.13  airport that the commissioner determines should be included by 
 57.14  reason of commercial passenger or cargo service levels; and 
 57.15     (3) a description of the capacity, function, and levels of 
 57.16  activity that each airport identified in clause (2) must have in 
 57.17  order to carry out the plan's goal and objectives and meet the 
 57.18  needs described under clause (1). 
 57.19     (b) In assessing aviation needs and the capacity, function, 
 57.20  and level of activity at any airport, the plan must consider 
 57.21  both commercial passenger service and cargo service. 
 57.22     Sec. 64.  [174.032] [ADVISORY COUNCIL ON AVIATION 
 57.23  PLANNING.] 
 57.24     Subdivision 1.  [ADVISORY COUNCIL CREATED.] (a) The 
 57.25  commissioner shall create an advisory council on aviation 
 57.26  planning to advise the commissioner on the supplemental chapter 
 57.27  of the state aviation system plan.  The council consists of the 
 57.28  following members appointed by the commissioner except where 
 57.29  otherwise provided: 
 57.30     (1) one member of the Metropolitan Airports Commission; 
 57.31     (2) one representative of major commercial airlines; 
 57.32     (3) one representative of independent pilots who fly for 
 57.33  small business; 
 57.34     (4) one representative of the air cargo industry; 
 57.35     (5) two representatives of the business community unrelated 
 57.36  to aviation, one of whom must reside within the seven-county 
 58.1   metropolitan area and one of whom must reside outside that area; 
 58.2      (6) one representative of environmental interests; 
 58.3      (7) one employee of the Department of Transportation's 
 58.4   Office of Aeronautics; 
 58.5      (8) two representatives of neighborhoods that are 
 58.6   significantly affected by airplane noise appointed by community 
 58.7   representatives on the Noise Oversight Committee; 
 58.8      (9) one representative of tier-two airports (St. Cloud, 
 58.9   Duluth, Willmar, and Rochester); 
 58.10     (10) one member of the senate committee having jurisdiction 
 58.11  over transportation policy, appointed by the chair of that 
 58.12  committee; 
 58.13     (11) one member of the house of representatives committee 
 58.14  having jurisdiction over transportation policy, appointed by the 
 58.15  chair of that committee; 
 58.16     (12) one representative of the local Airline Service Action 
 58.17  Committee; 
 58.18     (13) one representative of the Citizens League of the Twin 
 58.19  Cities; 
 58.20     (14) one representative of the Association of Minnesota 
 58.21  Counties; 
 58.22     (15) one representative of the League of Minnesota Cities; 
 58.23     (16) one representative of the Minnesota Department of 
 58.24  Employment and Economic Development; and 
 58.25     (17) one representative of the Metropolitan Council. 
 58.26     (b) Members of the advisory council serve at the pleasure 
 58.27  of the appointing authority.  Members shall serve without 
 58.28  compensation. 
 58.29     Subd. 2.  [ADVISORY COUNCIL DUTIES.] (a) The advisory 
 58.30  council on aviation planning shall advise the commissioner on 
 58.31  the aviation planning chapter of the state aviation system 
 58.32  plan.  The advisory council shall assist in the development of 
 58.33  the state aviation system plan by reviewing the work and making 
 58.34  recommendations.  The state aviation system plan must consist of:
 58.35     (1) an inventory of airport facilities, based aircraft and 
 58.36  operations; 
 59.1      (2) a forecast of aviation activities; 
 59.2      (3) a needs assessment to determine improvements needed and 
 59.3   recommendations for each airport by five-year, ten-year, and 
 59.4   20-year forecast periods; 
 59.5      (4) present and anticipated capacity needs of commercial 
 59.6   service airports, including limitations on expanding the 
 59.7   capacity of individual commercial service airports imposed by 
 59.8   state or local regulations, safety or environmental concerns, 
 59.9   and land uses near the airport that are incompatible with 
 59.10  airport operations; 
 59.11     (5) the needs of Minnesota residents and businesses for 
 59.12  passenger and cargo service, from both a statewide and regional 
 59.13  perspective; 
 59.14     (6) anticipated changes in commercial aircraft types and 
 59.15  characteristics; 
 59.16     (7) noise and other environmental impacts of aviation at 
 59.17  commercial service airports; 
 59.18     (8) trends in the aviation and airline industries; and 
 59.19     (9) relationship between aviation and other forms of 
 59.20  transportation covered by the state transportation plan. 
 59.21     (b) The advisory council may also make recommendations to 
 59.22  the commissioner, the Metropolitan Airports Commission, and the 
 59.23  legislature concerning the policy steps needed to implement the 
 59.24  chapter. 
 59.25     Subd. 3.  [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 
 59.26  The commissioner shall appoint the first advisory council by 
 59.27  July 1, 2005.  The council shall submit any recommendations it 
 59.28  makes to the legislature by January 15, 2006.  The terms of all 
 59.29  members of the advisory council serving on July 1, 2005, expire 
 59.30  on January 1, 2007. 
 59.31     (b) The commissioner shall appoint and convene a new 
 59.32  advisory council not less than two years before the date on 
 59.33  which each revision of the state aviation system plan is 
 59.34  required under section 174.03, subdivision 1a.  Each such 
 59.35  advisory council must consist of members as prescribed in 
 59.36  subdivision 1, who shall serve on the same terms as set forth 
 60.1   under subdivision 1.  Each such advisory council expires on the 
 60.2   date on which the revision of the state aviation system plan 
 60.3   becomes final. 
 60.4      Sec. 65.  Minnesota Statutes 2004, section 174.86, 
 60.5   subdivision 5, is amended to read: 
 60.6      Subd. 5.  [COMMUTER RAIL CORRIDOR COORDINATING COMMITTEE.] 
 60.7   (a) A Commuter Rail Corridor Coordinating Committee shall be 
 60.8   established to advise the commissioner on issues relating to the 
 60.9   alternatives analysis, environmental review, advanced corridor 
 60.10  planning, preliminary engineering, final design, implementation 
 60.11  method, construction of commuter rail, public involvement, land 
 60.12  use, service, and safety.  The Commuter Rail Corridor 
 60.13  Coordinating Committee shall consist of: 
 60.14     (1) one member representing each significant funding 
 60.15  partner in whose jurisdiction the line or lines are located; 
 60.16     (2) one member appointed by each county in which the 
 60.17  corridors are located; 
 60.18     (3) one member appointed by each city in which advanced 
 60.19  corridor plans indicate that a station may be located; 
 60.20     (4) two members appointed by the commissioner, one of whom 
 60.21  shall be designated by the commissioner as the chair of the 
 60.22  committee; 
 60.23     (5) one member appointed by each metropolitan planning 
 60.24  organization through which the commuter rail line may pass; and 
 60.25     (6) one member appointed by the president of the University 
 60.26  of Minnesota, if a designated corridor provides direct service 
 60.27  to the university; and 
 60.28     (7) one member appointed by the commissioner who represents 
 60.29  railroad union labor. 
 60.30     (b) A joint powers board existing on April 1, 1999, 
 60.31  consisting of local governments along a commuter rail corridor, 
 60.32  shall perform the functions set forth in paragraph (a) in place 
 60.33  of the committee. 
 60.34     (c) Notwithstanding section 15.059, subdivision 5, the 
 60.35  committee does not expire. 
 60.36     <b>[EFFECTIVE DATE.]</b> This section is effective retroactively 
 61.1   from June 30, 2003.  All actions taken in reliance on Minnesota 
 61.2   Statutes, section 15.059 or 174.86, are ratified by the 
 61.3   enactment of this section. 
 61.4      Sec. 66.  Minnesota Statutes 2004, section 219.166, is 
 61.5   amended to read: 
 61.6      219.166 [ESTABLISHMENT OF QUIET ZONES.] 
 61.7      A county, statutory or home rule charter city, or town may 
 61.8   by ordinance establish a defined apply to the Federal Railroad 
 61.9   Administration for the establishment of a "quiet zone" in which 
 61.10  the sounding of horns, whistles, or other audible warnings by 
 61.11  locomotives is regulated or prohibited.  A quiet zone 
 61.12  established under this section must consist of at least one-half 
 61.13  mile of railroad right-of-way.  All quiet zones, regulations, 
 61.14  and ordinances adopted under this section must conform to 
 61.15  federal law and the regulations of the Federal Railroad 
 61.16  Administration under United States Code, title 49, section 20153.
 61.17     Sec. 67.  Minnesota Statutes 2004, section 219.567, is 
 61.18  amended to read: 
 61.19     219.567 [FAILURE TO RING BELL.] 
 61.20     An engineer driving a locomotive on a railway who fails (1) 
 61.21  to ring the bell or sound the whistle on the locomotive, or have 
 61.22  it rung or sounded, at least 80 rods from a place where the 
 61.23  railway crosses a traveled road or street on the same level, 
 61.24  except in cities, or (2) to continue ringing the bell or 
 61.25  sounding the whistle at intervals until the locomotive and 
 61.26  attached train have completely crossed the road or street, in 
 61.27  accordance with Federal Railroad Administration regulations 
 61.28  under United States Code, title 49, section 20153, is guilty of 
 61.29  a misdemeanor. 
 61.30     Sec. 68.  Minnesota Statutes 2004, section 299D.08, is 
 61.31  amended to read: 
 61.32     299D.08 [TRAFFIC CITATION QUOTA PROHIBITED.] 
 61.33     The State Patrol or a law enforcement agency shall not 
 61.34  order, mandate, require, or suggest to a patrol trooper, 
 61.35  commercial vehicle inspector, or law compliance representative 
 61.36  that the patrol trooper, inspector, or representative issue a 
 62.1   certain number of traffic citations on a daily, weekly, monthly, 
 62.2   quarterly, or yearly quota basis. 
 62.3      Sec. 69.  Minnesota Statutes 2004, section 360.305, 
 62.4   subdivision 4, is amended to read: 
 62.5      Subd. 4.  [COSTS ALLOCATED; LOCAL CONTRIBUTION; HANGAR 
 62.6   CONSTRUCTION ACCOUNT.] (a) Except as otherwise provided in this 
 62.7   subdivision, the commissioner of transportation shall require as 
 62.8   a condition of assistance by the state that the political 
 62.9   subdivision, municipality, or public corporation make a 
 62.10  substantial contribution to the cost of the construction, 
 62.11  improvement, maintenance, or operation of the airport, in 
 62.12  connection with which the assistance of the state is sought.  
 62.13  These costs are referred to as project costs.  
 62.14     (b) For any airport, whether key, intermediate, or landing 
 62.15  strip, where only state and local funds are to be used, the 
 62.16  contribution shall be not less than one-fifth of the sum of: 
 62.17     (1) the project costs; 
 62.18     (2) acquisition costs of the land and clear zones, which 
 62.19  are referred to as acquisition costs. 
 62.20     (c) For any airport where federal, state, and local funds 
 62.21  are to be used, the contribution shall not be less than five 
 62.22  percent of the sum of the project costs and acquisition costs. 
 62.23     (d) The commissioner may pay the total cost of radio and 
 62.24  navigational aids. 
 62.25     (e) Notwithstanding paragraph (b) or (c), the commissioner 
 62.26  may pay all of the project costs of a new landing strip, but not 
 62.27  an intermediate airport or key airport, or may pay an amount 
 62.28  equal to the federal funds granted and used for a new landing 
 62.29  strip plus all of the remaining project costs; but the total 
 62.30  amount paid by the commissioner for the project costs of a new 
 62.31  landing strip, unless specifically authorized by an act 
 62.32  appropriating funds for the new landing strip, shall not exceed 
 62.33  $200,000. 
 62.34     (f) Notwithstanding paragraph (b) or (c), the commissioner 
 62.35  may pay all the project costs for research and development 
 62.36  projects, including, but not limited to noise abatement; 
 63.1   provided that in no event shall the sums expended under this 
 63.2   paragraph exceed five percent of the amount appropriated for 
 63.3   construction grants.  
 63.4      (g) To receive aid under this section for project costs or 
 63.5   for acquisition costs, the municipality must enter into an 
 63.6   agreement with the commissioner giving assurance that the 
 63.7   airport will be operated and maintained in a safe, serviceable 
 63.8   manner for aeronautical purposes only for the use and benefit of 
 63.9   the public: 
 63.10     (1) for 20 years after the date that any state funds for 
 63.11  project costs are received by the municipality; and 
 63.12     (2) for 99 years after the date that any state funds for 
 63.13  acquisition costs are received by the municipality.  If any land 
 63.14  acquired with state funds ceases to be used for aviation 
 63.15  purposes, the municipality shall repay the state airports fund 
 63.16  the same percentage of the appraised value of the property as 
 63.17  that percentage of the costs of acquisition and participation 
 63.18  provided by the state to acquire the land. 
 63.19  The agreement may contain other conditions as the commissioner 
 63.20  deems reasonable. 
 63.21     (h) The commissioner shall establish a hangar construction 
 63.22  revolving account, which shall be used for the purpose of 
 63.23  financing the construction of hangar buildings to be constructed 
 63.24  by municipalities owning airports.  All municipalities owning 
 63.25  airports are authorized to enter into contracts for the 
 63.26  construction of hangars, and contracts with the commissioner for 
 63.27  the financing of hangar construction for an amount and period of 
 63.28  time as may be determined by the commissioner and municipality.  
 63.29  All receipts from the financing contracts shall be deposited in 
 63.30  the hangar construction revolving account and are reappropriated 
 63.31  for the purpose of financing construction of hangar buildings.  
 63.32  The commissioner may pay from the hangar construction revolving 
 63.33  account 80 percent of the cost of financing construction of 
 63.34  hangar buildings.  For purposes of this clause paragraph, the 
 63.35  construction of hangars shall include their design.  The 
 63.36  commissioner shall transfer up to $4,400,000 from the state 
 64.1   airports fund to the hangar construction revolving account. 
 64.2      (i) The commissioner may pay a portion of the purchase 
 64.3   price of any airport maintenance and safety equipment and of the 
 64.4   actual airport snow removal costs incurred by any municipality.  
 64.5   The portion to be paid by the state shall not exceed two-thirds 
 64.6   of the cost of the purchase price or snow removal.  To receive 
 64.7   aid a municipality must enter into an agreement of the type 
 64.8   referred to in paragraph (g). 
 64.9      (j) This subdivision shall apply applies only to project 
 64.10  costs or acquisition costs of municipally owned airports which 
 64.11  are incurred after June 1, 1971. 
 64.12     Sec. 70.  Minnesota Statutes 2004, section 360.55, 
 64.13  subdivision 2, is amended to read: 
 64.14     Subd. 2.  [TRANSACTING OFFICIAL BUSINESS.] Aircraft owned 
 64.15  and used solely in the transaction of official business by 
 64.16  representatives of foreign powers, by the federal government, or 
 64.17  by the state or any municipality thereof shall be are exempt 
 64.18  from the provisions of sections 360.54 to 360.67 requiring the 
 64.19  payment of a tax, but all such aircraft, except those owned by 
 64.20  representatives of foreign powers or by the federal government, 
 64.21  shall must be registered as required by sections 360.54 to 
 64.22  360.67 and shall display tax-exempt number plates, labels, or 
 64.23  stamps furnished by the commissioner at cost.  The exemption 
 64.24  herein provided shall does not apply to any aircraft except 
 64.25  those owned by representatives of foreign powers or by the 
 64.26  federal government and except such those aircraft as may be used 
 64.27  in general police work, unless the name of the state department 
 64.28  or the municipality owning such the aircraft shall be is plainly 
 64.29  printed on both sides thereof in letters of a size and character 
 64.30  to be prescribed by the commissioner. 
 64.31     Sec. 71.  Minnesota Statutes 2004, section 360.55, 
 64.32  subdivision 3, is amended to read: 
 64.33     Subd. 3.  [CIVIL AIR PATROL.] Any aircraft owned and used 
 64.34  solely in the transaction of official business by any unit of 
 64.35  the civil air patrol created by Public Law 476, 79th Congress, 
 64.36  Public Law 557, 80th Congress, or acts amendatory thereto, 
 65.1   whether or not the title to such the aircraft is retained by the 
 65.2   federal government or vested in such unit unconditionally, shall 
 65.3   be is exempt from the provisions of sections 360.54 to 360.57 
 65.4   requiring the payment of tax, but all such aircraft shall must 
 65.5   be registered as required by sections 360.54 to 360.57 and shall 
 65.6   display tax-exempt number plates, labels or stamps furnished by 
 65.7   the commissioner at cost. 
 65.8      Sec. 72.  Minnesota Statutes 2004, section 360.55, 
 65.9   subdivision 4, is amended to read: 
 65.10     Subd. 4.  [COLLECTOR'S AIRCRAFT; SPECIAL PLATES.] (a) For 
 65.11  purposes of this subdivision: 
 65.12     (1) "antique aircraft" means an aircraft constructed by the 
 65.13  original manufacturer, or its licensee, on or before December 
 65.14  31, 1945, with the exception of certain pre-World War II 
 65.15  aircraft models that had only a small post-war production, such 
 65.16  as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 
 65.17     (2) "classic aircraft" means an aircraft constructed by the 
 65.18  original manufacturer, or its licensee, on or after January 1, 
 65.19  1946, and has a first year of life that precedes the date of 
 65.20  registration by at least 50 years. 
 65.21     (b) If an antique or classic aircraft is owned and operated 
 65.22  solely as a collector's item, its owner may list it for taxation 
 65.23  and registration as follows:  A sworn affidavit shall must be 
 65.24  executed stating (1) the name and address of the owner, (2) the 
 65.25  name and address of the person from whom purchased, (3) the 
 65.26  aircraft's make of the aircraft, year and, model number of the 
 65.27  aircraft, the federal aircraft registration number, the and 
 65.28  manufacturer's identification number, and (4) that the aircraft 
 65.29  is owned and operated solely as a collector's item and not for 
 65.30  general transportation or commercial operations purposes.  The 
 65.31  affidavit shall must be filed with the commissioner along with a 
 65.32  fee of $25.  
 65.33     (c) Upon satisfaction that the affidavit is true and 
 65.34  correct, the commissioner shall issue to the applicant special 
 65.35  number plates, decalcomania labels, or stamps bearing the 
 65.36  inscription "Classic" or "Antique," "Minnesota" and the 
 66.1   registration number but no date a registration certificate.  The 
 66.2   special number plates, decalcomania labels, or stamps 
 66.3   are registration certificate is valid without renewal as long as 
 66.4   the owner operates the aircraft solely as a collector's item. 
 66.5      (d) Should an antique or classic aircraft be operated other 
 66.6   than as a collector's item, the special number plates, 
 66.7   decalcomania labels, or stamps shall be registration certificate 
 66.8   becomes void and removed, and the owner shall list the aircraft 
 66.9   for taxation and registration in accordance with the other 
 66.10  provisions of sections 360.511 to 360.67.  
 66.11     (e) Upon the sale of an antique or classic aircraft, the 
 66.12  new owner must list the aircraft for taxation and registration 
 66.13  in accordance with the provisions of this subdivision, including 
 66.14  the payment of a $25 fee to obtain new special plates or payment 
 66.15  of a $5 fee to retain and transfer the existing special plates 
 66.16  registration to the name of the new owner, or the other 
 66.17  provisions of sections 360.511 to 360.67, whichever is 
 66.18  applicable. 
 66.19     (f) In the event of defacement, loss, or destruction of the 
 66.20  special number plates, decalcomania labels, or 
 66.21  stamps registration certificate, and upon receiving and filing a 
 66.22  sworn affidavit of the aircraft owner setting forth the 
 66.23  circumstances, together with any defaced plates, labels, or 
 66.24  stamps and a fee of $5, the commissioner shall issue a 
 66.25  replacement plates, labels, or stamps certificate.  The 
 66.26  commissioner shall note on the records the issue of replacement 
 66.27  number and shall proceed to cancel the original plates, labels, 
 66.28  or stamps. 
 66.29     Sec. 73.  Minnesota Statutes 2004, section 360.55, 
 66.30  subdivision 4a, is amended to read: 
 66.31     Subd. 4a.  [RECREATIONAL AIRCRAFT; CLASSIC LICENSE.] (a) An 
 66.32  aircraft that has a base price for tax purposes under section 
 66.33  360.531 of $10,000 or less, and that is owned and operated 
 66.34  solely for recreational purposes, may be listed for taxation and 
 66.35  registration by executing a sworn affidavit stating (1) the name 
 66.36  and address of the owner, (2) the name and address of the person 
 67.1   from whom purchased, (3) the aircraft's make, year, model 
 67.2   number, federal aircraft registration number, and manufacturer's 
 67.3   identification number, and (4) that the aircraft is owned and 
 67.4   operated solely as a recreational aircraft and not for 
 67.5   commercial operational purposes.  The affidavit must be filed 
 67.6   with the commissioner along with an annual $25 fee. 
 67.7      (b) On being satisfied that the affidavit is true and 
 67.8   correct, the commissioner shall issue to the applicant a decal 
 67.9   registration certificate.  
 67.10     (c) Should the aircraft be operated other than as a 
 67.11  recreational aircraft, the owner shall list the aircraft for 
 67.12  taxation and registration and pay the appropriate registration 
 67.13  fee under sections 360.511 to 360.67.  
 67.14     (d) If the aircraft is sold, the new owner shall list the 
 67.15  aircraft for taxation and registration under this subdivision, 
 67.16  including the payment of the annual $25 fee, or under sections 
 67.17  360.511 to 360.67, whichever is applicable. 
 67.18     Sec. 74.  Minnesota Statutes 2004, section 360.58, is 
 67.19  amended to read: 
 67.20     360.58 [OPERATION WITHOUT REGISTRATION OR PAYMENT.] 
 67.21     No aircraft Except as exempted by sections 360.54 and 
 67.22  360.55, a person shall not use or be operated operate an 
 67.23  aircraft in the air space over this state or upon any of the 
 67.24  airports thereof in the tax period of January 1, 1966, to and 
 67.25  including June 30, 1967, or in any fiscal year thereafter of 
 67.26  this state until it shall have the aircraft has been registered 
 67.27  as required in sections 360.54 to 360.67 and the aircraft tax 
 67.28  and fees herein provided shall have been paid and the number 
 67.29  plates, labels, or stamps issued therefor shall be duly 
 67.30  displayed on such aircraft.  A purchaser of a new aircraft may 
 67.31  operate the aircraft without such plates, labels, or stamps upon 
 67.32  securing from the commissioner, or any person designated by the 
 67.33  commissioner for that purpose, a permit to operate such aircraft 
 67.34  pending the issuance of plates, such permit shall be valid for 
 67.35  not more than 15 days.  
 67.36     Sec. 75.  Minnesota Statutes 2004, section 360.59, 
 68.1   subdivision 2, is amended to read: 
 68.2      Subd. 2.  [AGENT OR LIENOR MAY LIST.] Any act required 
 68.3   herein of an owner may be performed in the owner's behalf by a 
 68.4   duly authorized agent.  Any person having a lien upon, or claim 
 68.5   to, any aircraft may pay any tax due thereon to prevent the 
 68.6   penalty for delayed registration from accruing, but the 
 68.7   registration certificate and number plates shall not be issued 
 68.8   until legal ownership is definitely determined. 
 68.9      Sec. 76.  Minnesota Statutes 2004, section 360.59, 
 68.10  subdivision 5, is amended to read: 
 68.11     Subd. 5.  [COMMISSIONER TO APPROVE.] The commissioner shall 
 68.12  approve applications and issue number plates for any aircraft.  
 68.13  When an applicant is listing the same aircraft for taxation and 
 68.14  registration for the second and succeeding time the registration 
 68.15  certificate issued for the prior year need not be delivered to 
 68.16  the commissioner; but in case of a transfer or sale the 
 68.17  registration certificate therefor issued or proof of loss 
 68.18  thereof by sworn statement shall be delivered to the 
 68.19  commissioner.  The commissioner shall be satisfied from the 
 68.20  records that all taxes and fees due hereunder shall have been 
 68.21  paid, and endorsements upon said certificate or sworn proof of 
 68.22  loss in writing signed by the seller and purchaser, shall 
 68.23  furnish proof that the applicant for registration is paying or 
 68.24  receiving credit for the tax upon the aircraft of which the 
 68.25  applicant is the rightful possessor. 
 68.26     Sec. 77.  Minnesota Statutes 2004, section 360.59, 
 68.27  subdivision 7, is amended to read: 
 68.28     Subd. 7.  [TRANSFER OF OWNERSHIP.] Upon the transfer of 
 68.29  ownership,; the destruction, theft, or dismantling as such,; 
 68.30  or the permanent removal by the owner thereof from this state, 
 68.31  of any aircraft registered in accordance with the provisions of 
 68.32  sections 360.511 to 360.67, the right of the owner of such the 
 68.33  aircraft to use the registration certificate and number plates 
 68.34  assigned such the aircraft shall expire, and such certificate 
 68.35  and any existing plates shall be, by such expires.  The 
 68.36  owner, shall forthwith returned return the certificate with 
 69.1   transportation prepaid to the commissioner with a signed notice 
 69.2   of the date and manner of termination of ownership, giving the 
 69.3   name and post office address, with street and number, if in a 
 69.4   city, of the person to whom transferred; provided, however, that 
 69.5   whenever the ownership of an aircraft shall be transferred to 
 69.6   another who shall forthwith register the same in that person's 
 69.7   name, the commissioner may permit the manual delivery of such 
 69.8   plates to the new owner of such aircraft.  On becoming the owner 
 69.9   by gift, trade, or purchase of any aircraft for which a 
 69.10  registration certificate has been theretofore issued under the 
 69.11  provisions of sections 360.511 to 360.67, a person, including a 
 69.12  dealer or manufacturer, shall, within seven days after acquiring 
 69.13  ownership, join with the registered owner in transmitting with 
 69.14  an application the said registration certificate with the 
 69.15  assignment and notice of sale duly executed upon the reverse 
 69.16  side thereof, or in case of loss of such the certificate, with 
 69.17  such proof of loss by sworn statements in writing as shall be 
 69.18  satisfactory to the commissioner.  Upon the transfer of any 
 69.19  aircraft by a manufacturer or dealer, for use within the state, 
 69.20  whether by sale, lease, or otherwise, such the manufacturer or 
 69.21  dealer shall, within seven days after such the transfer, 
 69.22  transmit the transferee's application for registration thereof 
 69.23  and such.  The manufacturer or dealer shall each month file with 
 69.24  the commissioner a notice or report containing the date of 
 69.25  such the transfer, a description of such the aircraft, and the 
 69.26  name, street and number of residence, if in a city, and post 
 69.27  office address of the transferee. 
 69.28     Sec. 78.  Minnesota Statutes 2004, section 360.59, 
 69.29  subdivision 8, is amended to read: 
 69.30     Subd. 8.  [AMENDMENT, SUSPENSION, MODIFICATION, 
 69.31  REVOCATION.] All registrations and issue of number plates shall 
 69.32  be are subject to amendment, suspension, modification, or 
 69.33  revocation by the commissioner summarily for any violation of or 
 69.34  neglect to comply with the provisions of sections 360.511 to 
 69.35  360.67.  In any case where the proper registration of an 
 69.36  aircraft is dependent upon procuring information entailing such 
 70.1   delay as to unreasonably deprive the owner of the use of the 
 70.2   aircraft, the commissioner may issue a tax receipt and plates 
 70.3   conditionally.  In any case when revoking a registration for 
 70.4   cause, the commissioner shall have has the authority to demand 
 70.5   the return of the number plates and registration certificate 
 70.6   and, if necessary, to seize the number plates issued for such 
 70.7   registration. 
 70.8      Sec. 79.  Minnesota Statutes 2004, section 360.63, 
 70.9   subdivision 2, is amended to read: 
 70.10     Subd. 2.  [DEALERS' PLATES AIRCRAFT DEMONSTRATION.] Any 
 70.11  licensed aircraft dealer may apply to the commissioner for one 
 70.12  or more aircraft dealers' plates.  A charge of $15 shall be made 
 70.13  for each such plate.  Any aircraft owned by said an aircraft 
 70.14  dealer, licensed under this section, may be used for the purpose 
 70.15  of demonstration or for any purpose incident to the usual 
 70.16  conduct and operation of business as an aircraft dealer; 
 70.17  provided aircraft dealers' plates are conspicuously attached to 
 70.18  the aircraft when so used, and provided said the aircraft has 
 70.19  been first listed with the commissioner on an aircraft 
 70.20  withholding form provided by the commissioner. 
 70.21     Sec. 80.  Minnesota Statutes 2004, section 360.66, is 
 70.22  amended by adding a subdivision to read: 
 70.23     Subd. 3.  [SAFETY ZONES AND LAND USE.] Notwithstanding any 
 70.24  contrary law in this chapter, Minnesota Rules, part 8800.2400, 
 70.25  or any administrative order, state safety zone A for the south 
 70.26  end of runway 17-35 at the Minneapolis-St. Paul International 
 70.27  Airport extends from the end of the primary surface a distance 
 70.28  of 500 feet on each side of the extended runway centerline 
 70.29  extending outward 4,667 feet.  Zone A must not contain 
 70.30  buildings, temporary structures, exposed transmission lines, or 
 70.31  other similar land use structural hazards, and is restricted to 
 70.32  those uses that will not create, attract, or bring together an 
 70.33  assembly of persons in zone A.  Permitted uses include, but are 
 70.34  not limited to, seasonal crops, horticulture, raising of 
 70.35  livestock, animal husbandry, wildlife habitat, light outdoor 
 70.36  nonspectator recreation, cemeteries, and automobile parking.  
 71.1   Existing structures found within safety zone A are deemed to be 
 71.2   safety hazards so severe that they must be prohibited and 
 71.3   removed.  Any parcel of land that is partially in safety zone A 
 71.4   and is more than 50 percent outside safety zone A is exempt from 
 71.5   these requirements.  State safety zone B for the south end of 
 71.6   runway 17-35 at the Minneapolis-St. Paul International Airport 
 71.7   is consistent with the requirements of Minnesota Rules, part 
 71.8   8800.2400, and includes any land that otherwise would have been 
 71.9   in safety zone A under a strict application of the rule and 
 71.10  must, at a minimum, meet the density requirements and prohibited 
 71.11  uses in those rules. 
 71.12     Sec. 81.  Minnesota Statutes 2004, section 360.67, 
 71.13  subdivision 4, is amended to read: 
 71.14     Subd. 4.  [FRAUD.] Any person who: 
 71.15     (1) uses any number plates, label, or stamp or registration 
 71.16  certificate upon or in connection with any aircraft except the 
 71.17  one for which the same were duly issued, or upon any such 
 71.18  aircraft after the certificate, plates, label, or stamp or the 
 71.19  right to use the same have expired, or retains in possession or 
 71.20  fails to surrender as provided in sections 360.511 to 360.67 any 
 71.21  such number plates, label, stamp, or registration certificate; 
 71.22     (2) displays, or causes to be displayed, or has in 
 71.23  possession any canceled, revoked, suspended, or fraudulently 
 71.24  obtained or stolen registration plates, label, or stamp; 
 71.25     (3) lends the person's registration plates, label, or stamp 
 71.26  to any person or knowingly permits the use thereof by another; 
 71.27     (4) displays or represents as the person's own any 
 71.28  registration plates, label, or stamp not issued to the person; 
 71.29  provided, this shall not apply to any legal change of ownership 
 71.30  of the aircraft to which the plates, label, or stamp are 
 71.31  attached; 
 71.32     (5) uses a false or fictitious name or address or 
 71.33  description of the aircraft, engine number, or frame number in 
 71.34  any application for registration of an aircraft or knowingly 
 71.35  makes a false statement or knowingly conceals a material fact or 
 71.36  otherwise commits a fraud in any such application; or 
 72.1      (6) defaces or alters any registration certificate or 
 72.2   number plates or retains the same in possession after the same 
 72.3   have been defaced or altered, 
 72.4   shall be is guilty of a misdemeanor. 
 72.5      Sec. 82.  Minnesota Statutes 2004, section 394.22, 
 72.6   subdivision 12, is amended to read: 
 72.7      Subd. 12.  [OFFICIAL MAP.] "Official map" means a map 
 72.8   adopted in accordance with section 394.361, which may show 
 72.9   existing county roads and county state-aid highways, proposed 
 72.10  future county roads and highways, the area needed for widening 
 72.11  existing county roads and highways, and existing and future 
 72.12  state trunk highway rights-of-way.  An official map may also 
 72.13  show the location of existing public land and facilities and 
 72.14  other land needed for future public purposes, including public 
 72.15  facilities such as parks, playgrounds, schools, and other public 
 72.16  buildings, civic centers, airports, and travel service 
 72.17  facilities.  When requested in accordance with section 394.32, 
 72.18  subdivision 3, an official map may include existing and planned 
 72.19  public land uses within incorporated areas. 
 72.20     Sec. 83.  Minnesota Statutes 2004, section 394.361, 
 72.21  subdivision 1, is amended to read: 
 72.22     Subdivision 1.  [FUTURE PUBLIC USES.] Land that is needed 
 72.23  for future street and highway purposes, or for aviation 
 72.24  purposes, and as sites for other necessary public facilities and 
 72.25  services is frequently diverted to nonpublic uses which that 
 72.26  could have been located on other lands without hardship or 
 72.27  inconvenience to the owners.  When this happens, public uses of 
 72.28  land may be denied or may be obtained later only at prohibitive 
 72.29  cost or at the expense of dislocating the owners and occupants 
 72.30  of the land.  Identification on official maps of land needed for 
 72.31  future public uses permits both the public and private property 
 72.32  owners to adjust their building plans equitably and conveniently 
 72.33  before investments are made which that will make such 
 72.34  adjustments difficult to accomplish.  
 72.35     Sec. 84.  Minnesota Statutes 2004, section 394.361, 
 72.36  subdivision 3, is amended to read: 
 73.1      Subd. 3.  [EFFECT.] After an official map has been adopted 
 73.2   and filed, the issuance of land use or zoning permits or 
 73.3   approvals by the county shall be is subject to the provisions of 
 73.4   this section.  Whenever any street or highway is widened or 
 73.5   improved or any new street is opened, or interests in lands for 
 73.6   other public purposes, including aviation purposes, are acquired 
 73.7   by the county, it is not required in such proceedings to pay for 
 73.8   any building or structure placed without a permit or approval or 
 73.9   in violation of conditions of a permit or approval within the 
 73.10  limits of the mapped street or highway or outside of any 
 73.11  building line that may have been established upon the existing 
 73.12  street or within any area thus identified for public purposes, 
 73.13  including aviation purposes.  The adoption of official maps does 
 73.14  not give the county any right, title, or interest in areas 
 73.15  identified for public purposes thereon, but the adoption of a 
 73.16  map does authorize the county to acquire such these interests 
 73.17  without paying compensation for buildings or structures erected 
 73.18  in such those areas without a permit or approval or in violation 
 73.19  of the conditions of a permit or approval.  The provisions of 
 73.20  This subdivision shall does not apply to buildings or structures 
 73.21  in existence prior to the filing of the official map. 
 73.22     Sec. 85.  Minnesota Statutes 2004, section 462.352, 
 73.23  subdivision 10, is amended to read: 
 73.24     Subd. 10.  [OFFICIAL MAP.] "Official map" means a map 
 73.25  adopted in accordance with section 462.359, which may show 
 73.26  existing and proposed future streets, roads, and highways, and 
 73.27  airports of the municipality and county, the area needed for 
 73.28  widening of existing streets, roads, and highways of the 
 73.29  municipality and county, and existing and future county state 
 73.30  aid highways and state trunk highway rights-of-way.  An official 
 73.31  map may also show the location of existing and future public 
 73.32  land and facilities within the municipality.  In counties in the 
 73.33  metropolitan area as defined in section 473.121, official maps 
 73.34  may for a period of up to five years designate the boundaries of 
 73.35  areas reserved for purposes of soil conservation, water supply 
 73.36  conservation, flood control, and surface water drainage and 
 74.1   removal, including appropriate regulations protecting such those 
 74.2   areas against encroachment by buildings, or other physical 
 74.3   structures or facilities. 
 74.4      Sec. 86.  Minnesota Statutes 2004, section 462.355, 
 74.5   subdivision 4, is amended to read: 
 74.6      Subd. 4.  [INTERIM ORDINANCE.] If a municipality is 
 74.7   conducting studies or has authorized a study to be conducted or 
 74.8   has held or has scheduled a hearing for the purpose of 
 74.9   considering adoption or amendment of a comprehensive plan or 
 74.10  official controls as defined in section 462.352, subdivision 15, 
 74.11  or if new territory for which plans or controls have not been 
 74.12  adopted is annexed to a municipality, the governing body of the 
 74.13  municipality may adopt an interim ordinance applicable to all or 
 74.14  part of its jurisdiction for the purpose of protecting the 
 74.15  planning process and the health, safety and welfare of its 
 74.16  citizens.  The interim ordinance may regulate, restrict, or 
 74.17  prohibit any use, development, or subdivision within the 
 74.18  jurisdiction or a portion thereof for a period not to exceed one 
 74.19  year from the date it is effective.  The period of an interim 
 74.20  ordinance applicable to an area that is affected by a city's 
 74.21  master plan for a municipal airport may be extended for such 
 74.22  additional periods as the municipality may deem appropriate, not 
 74.23  exceeding a total additional period of 18 months in the case 
 74.24  where the Minnesota Department of Transportation has requested a 
 74.25  city to review its master plan for a municipal airport prior to 
 74.26  August 1, 2004.  In all other cases, no interim ordinance may 
 74.27  halt, delay, or impede a subdivision which that has been given 
 74.28  preliminary approval, nor may any interim ordinance extend the 
 74.29  time deadline for agency action set forth in section 15.99 with 
 74.30  respect to any application filed prior to the effective date of 
 74.31  the interim ordinance.  The governing body of the municipality 
 74.32  may extend the interim ordinance after a public hearing and 
 74.33  written findings have been adopted based upon one or more of the 
 74.34  conditions in clause (1), (2), or (3).  The public hearing must 
 74.35  be held at least 15 days but not more than 30 days before the 
 74.36  expiration of the interim ordinance, and notice of the hearing 
 75.1   must be published at least ten days before the hearing.  The 
 75.2   interim ordinance may be extended for the following conditions 
 75.3   and durations, but, except as provided in clause (3), an interim 
 75.4   ordinance may not be extended more than an additional 18 months: 
 75.5      (1) up to an additional 120 days following the receipt of 
 75.6   the final approval or review by a federal, state, or 
 75.7   metropolitan agency when the approval is required by law and the 
 75.8   review or approval has not been completed and received by the 
 75.9   municipality at least 30 days before the expiration of the 
 75.10  interim ordinance; 
 75.11     (2) up to an additional 120 days following the completion 
 75.12  of any other process required by a state statute, federal law, 
 75.13  or court order, when the process is not completed at least 30 
 75.14  days before the expiration of the interim ordinance; or 
 75.15     (3) up to an additional one year if the municipality has 
 75.16  not adopted a comprehensive plan under this section at the time 
 75.17  the interim ordinance is enacted. 
 75.18     Sec. 87.  Minnesota Statutes 2004, section 462.359, 
 75.19  subdivision 1, is amended to read: 
 75.20     Subdivision 1.  [STATEMENT OF PURPOSE.] Land that is needed 
 75.21  for future street purposes or for aviation purposes and as sites 
 75.22  for other necessary public facilities and services is frequently 
 75.23  diverted to nonpublic uses which that could have been located on 
 75.24  other lands without hardship or inconvenience to the owners.  
 75.25  When this happens, public uses of land may be denied or may be 
 75.26  obtained later only at prohibitive cost or at the expense of 
 75.27  dislocating the owners and occupants of the land.  
 75.28  Identification on an official map of land needed for future 
 75.29  public uses permits both the public and private property owners 
 75.30  to adjust their building plans equitably and conveniently before 
 75.31  investments are made which that will make such adjustments 
 75.32  difficult to accomplish.  
 75.33     Sec. 88.  Minnesota Statutes 2004, section 462.359, 
 75.34  subdivision 3, is amended to read: 
 75.35     Subd. 3.  [EFFECT.] After an official map has been adopted 
 75.36  and filed, the issuance of building permits by the municipality 
 76.1   shall be is subject to the provisions of this section.  Whenever 
 76.2   any street or highway is widened or improved or any new street 
 76.3   is opened, or interests in lands for other public purposes, 
 76.4   including aviation purposes, are acquired by the municipality, 
 76.5   it is not required in such proceedings to pay for any building 
 76.6   or structure placed without a permit or in violation of 
 76.7   conditions of a permit within the limits of the mapped street or 
 76.8   outside of any building line that may have been established upon 
 76.9   the existing street or within any area thus identified for 
 76.10  public purposes.  The adoption of an official map does not give 
 76.11  the municipality any right, title, or interest in areas 
 76.12  identified for public purposes thereon, but the adoption of the 
 76.13  map does authorize the municipality to acquire such interests 
 76.14  without paying compensation for buildings or structures erected 
 76.15  in such those areas without a permit or in violation of the 
 76.16  conditions of a permit.  
 76.17     Sec. 89.  Minnesota Statutes 2004, section 473.123, 
 76.18  subdivision 2a, is amended to read: 
 76.19     Subd. 2a.  [TERMS.] Following each apportionment of council 
 76.20  districts, as provided under subdivision 3a, council members 
 76.21  must be appointed from newly drawn districts as provided in 
 76.22  subdivision 3a.  At the time of appointment, each council 
 76.23  member, other than the chair, must reside in the council 
 76.24  district represented and must have resided in the council 
 76.25  district for at least six months and in the state for at least 
 76.26  one year immediately preceding the appointment.  Each council 
 76.27  district must be represented by one member of the council.  The 
 76.28  terms of members end with the term of the governor, except that 
 76.29  all terms expire on the effective date of the next 
 76.30  apportionment.  A member serves at the pleasure of the 
 76.31  governor.  A member shall continue to serve the member's 
 76.32  district until a successor is appointed and qualified; except 
 76.33  that, following each apportionment, the member shall continue to 
 76.34  serve at large until the governor appoints 16 council members, 
 76.35  one from each of the newly drawn council districts as provided 
 76.36  under subdivision 3a, to serve terms as provided under this 
 77.1   section.  The appointment to the council must be made by the 
 77.2   first Monday in March of the year in which the term ends.  
 77.3      <b>[EFFECTIVE DATE; APPLICATION.]</b> This section applies in the 
 77.4   counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 77.5   Washington and is effective for appointments made on or after 
 77.6   January 1, 2007. 
 77.7      Sec. 90.  Minnesota Statutes 2004, section 473.123, 
 77.8   subdivision 3, is amended to read: 
 77.9      Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 
 77.10  Sixteen members must be appointed by the governor from districts 
 77.11  defined by this section.  At the time of appointment, each 
 77.12  council member must reside in the council district 
 77.13  represented and must have resided in the council district for at 
 77.14  least six months and in the state for at least one year 
 77.15  immediately preceding the appointment.  Each council district 
 77.16  must be represented by one member of the council. 
 77.17     (b) In addition to the notice required by section 15.0597, 
 77.18  subdivision 4, notice of vacancies and expiration of terms must 
 77.19  be published in newspapers of general circulation in the 
 77.20  metropolitan area and the appropriate districts.  The governing 
 77.21  bodies of the statutory and home rule charter cities, counties, 
 77.22  and towns having territory in the district for which a member is 
 77.23  to be appointed must be notified in writing.  The notices must 
 77.24  describe the appointments process and invite participation and 
 77.25  recommendations on the appointment.  
 77.26     (c) The governor shall create a nominating committee, 
 77.27  composed of seven metropolitan citizens appointed by the 
 77.28  governor, to nominate persons for appointment to the council 
 77.29  from districts.  Three of the committee members must be local 
 77.30  elected officials.  Following the submission of applications as 
 77.31  provided under section 15.0597, subdivision 5, the nominating 
 77.32  committee shall conduct public meetings, after appropriate 
 77.33  notice, to accept statements from or on behalf of persons who 
 77.34  have applied or been nominated for appointment and to allow 
 77.35  consultation with and secure the advice of the public and local 
 77.36  elected officials.  The committee shall hold the meeting on each 
 78.1   appointment in the district or in a reasonably convenient and 
 78.2   accessible location in the part of the metropolitan area in 
 78.3   which the district is located.  The committee may consolidate 
 78.4   meetings.  Following the meetings, the committee shall submit to 
 78.5   the governor a list of nominees for each appointment.  The 
 78.6   governor is not required to appoint from the list.  
 78.7      (d) Before making an appointment, the governor shall 
 78.8   consult with all members of the legislature from the council 
 78.9   district for which the member is to be appointed.  
 78.10     (e) Appointments to the council are subject to the advice 
 78.11  and consent of the senate as provided in section 15.066. 
 78.12     (f) Members of the council must be appointed to reflect 
 78.13  fairly the various demographic, political, and other interests 
 78.14  in the metropolitan area and the districts.  
 78.15     (g) Members of the council must be persons knowledgeable 
 78.16  about urban and metropolitan affairs. 
 78.17     (h) Any vacancy in the office of a council member shall 
 78.18  immediately be filled for the unexpired term.  In filling a 
 78.19  vacancy, the governor may forgo the requirements of paragraph 
 78.20  (c) if the governor has made appointments in full compliance 
 78.21  with the requirements of this subdivision within the preceding 
 78.22  12 months. 
 78.23     <b>[EFFECTIVE DATE; APPLICATION.]</b> This section applies in the 
 78.24  counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 78.25  Washington and is effective for appointments made on or after 
 78.26  January 1, 2007. 
 78.27     Sec. 91.  Minnesota Statutes 2004, section 473.604, 
 78.28  subdivision 1, is amended to read: 
 78.29     Subdivision 1.  [COMPOSITION.] The commission consists of: 
 78.30     (1) the mayor of each of the cities, or a qualified voter 
 78.31  appointed by the mayor, for the term of office as mayor; 
 78.32     (2) eight members, appointed by the governor from each of 
 78.33  the following agency districts: 
 78.34     (i) district A, consisting of council districts 1 and 2; 
 78.35     (ii) district B, consisting of council districts 3 and 4; 
 78.36     (iii) district C, consisting of council districts 5 and 6; 
 79.1      (iv) district D, consisting of council districts 7 and 8; 
 79.2      (v) district E, consisting of council districts 9 and 10; 
 79.3      (vi) district F, consisting of council districts 11 and 12; 
 79.4      (vii) district G, consisting of council districts 13 and 
 79.5   14; and 
 79.6      (viii) district H, consisting of council districts 15 and 
 79.7   16. 
 79.8   At the time of appointment, each member shall be a resident of 
 79.9   the district represented and must have been a resident of the 
 79.10  council district for at least six months and of the state for at 
 79.11  least one year immediately preceding the appointment.  Before 
 79.12  making an appointment, the governor shall consult with each 
 79.13  member of the legislature from the district for which the member 
 79.14  is to be appointed, to solicit the legislator's recommendation 
 79.15  on the appointment; 
 79.16     (3) four members appointed by the governor from outside of 
 79.17  the metropolitan area to reflect fairly the various regions and 
 79.18  interests throughout the state that are affected by the 
 79.19  operation of the commission's major airport and airport system.  
 79.20  Two of these members must be residents of statutory or home rule 
 79.21  charter cities, towns, or counties containing an airport 
 79.22  designated by the commissioner of transportation as a key 
 79.23  airport.  The other two must be residents of statutory or home 
 79.24  rule charter cities, towns, or counties containing an airport 
 79.25  designated by the commissioner of transportation as an 
 79.26  intermediate airport.  The members must be appointed by the 
 79.27  governor as follows:  one for a term of one year, one for a term 
 79.28  of two years, one for a term of three years, and one for a term 
 79.29  of four years.  All of the terms start on July 1, 1989.  The 
 79.30  successors of each member must be appointed to four-year terms 
 79.31  commencing on the first Monday in January of each fourth year 
 79.32  after the expiration of the original term.  Before making an 
 79.33  appointment, the governor shall consult each member of the 
 79.34  legislature representing the municipality or county from which 
 79.35  the member is to be appointed, to solicit the legislator's 
 79.36  recommendation on the appointment; and 
 80.1      (4) a chair appointed by the governor for a term of four 
 80.2   years.  The chair may be removed at the pleasure of the governor.
 80.3      <b>[EFFECTIVE DATE; APPLICATION.]</b> This section applies in the 
 80.4   counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 80.5   Washington and is effective for appointments made on or after 
 80.6   January 1, 2007. 
 80.7      Sec. 92.  [ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES 
 80.8   FOR HENNEPIN COUNTY.] 
 80.9      Notwithstanding Minnesota Statutes, section 168.33, and 
 80.10  rules adopted by the commissioner of public safety, limiting 
 80.11  sites for the office of deputy registrar based on either the 
 80.12  distance to an existing deputy registrar office or the annual 
 80.13  volume of transactions processed by any deputy registrar within 
 80.14  Hennepin County before or after the proposed appointment, the 
 80.15  commissioner of public safety shall appoint a new deputy 
 80.16  registrar of motor vehicles for Hennepin County to operate a new 
 80.17  full-service Office of Deputy Registrar, with full authority to 
 80.18  function as a registration and motor vehicle tax collection 
 80.19  bureau, at the Midtown Exchange Building in the city of 
 80.20  Minneapolis.  All other provisions regarding the appointment and 
 80.21  operation of a deputy registrar of motor vehicles under 
 80.22  Minnesota Statutes, section 168.33, and Minnesota Rules, chapter 
 80.23  7406, apply to the office. 
 80.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 80.25  following final enactment. 
 80.26     Sec. 93.  [CHILD PASSENGER RESTRAINT LAW AWARENESS 
 80.27  CAMPAIGN.] 
 80.28     The commissioner of public safety shall conduct a child 
 80.29  passenger restraint law awareness campaign by developing and 
 80.30  distributing education materials, making public service 
 80.31  announcements through mass media throughout the state, and 
 80.32  implementing other education and awareness activities to educate 
 80.33  the public about state laws concerning child restraint in 
 80.34  vehicles and to inform individuals in financial need how to 
 80.35  obtain child restraint systems at no cost. 
 80.36     Sec. 94.  [MAXIMUM SPEED IN CITY OF ORR.] 
 81.1      In order to eliminate or reduce local safety hazards, a 
 81.2   railway corporation may not permit a train to be operated at a 
 81.3   speed in excess of 30 miles per hour while any portion of the 
 81.4   engine or train is within the limits of the city of Orr in St. 
 81.5   Louis County. 
 81.6      <b>[EFFECTIVE DATE; LOCAL APPROVAL.]</b> This section is effective 
 81.7   the day after the governing body of the city of Orr and its 
 81.8   chief clerical officer comply with Minnesota Statutes, section 
 81.9   645.021, subdivisions 2 and 3. 
 81.10     Sec. 95.  [RAMP METERS DEACTIVATED.] 
 81.11     (a) Based on the "Twin Cities Ramp Meter Evaluation," 
 81.12  published pursuant to Laws 2000, chapter 479, article 1, section 
 81.13  8, on pertinent camera-surveillance observations of the Traffic 
 81.14  Management Center, and on other traffic management evaluations 
 81.15  and findings of the Department of Transportation, the 
 81.16  commissioner of transportation shall deactivate, by August 1, 
 81.17  2005, the 100 access ramp meters in the seven-county 
 81.18  metropolitan area found by the commissioner to be the least 
 81.19  effective or beneficial in cost and time for controlling traffic 
 81.20  congestion. 
 81.21     (b) On August 1, 2005, any money appropriated for the 
 81.22  operation and support of those 100 meters cancels to the fund 
 81.23  from which appropriated. 
 81.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 81.25  following final enactment. 
 81.26     Sec. 96.  [RULE CHANGE; INSTRUCTION TO REVISOR.] 
 81.27     The revisor of statutes shall change Minnesota Rules, part 
 81.28  8820.3300, subpart 2, to require that comments be directed to 
 81.29  the commissioner of transportation in conformity with the same 
 81.30  period allowed for written objections to be received by the 
 81.31  commissioner under this act's amendments to Minnesota Statutes 
 81.32  2004, sections 162.02, subdivision 3a, and 162.09, subdivision 
 81.33  3a.  The rule change is effective the same day as the effective 
 81.34  date of this act's amendments to Minnesota Statutes 2004, 
 81.35  sections 162.02, subdivision 3a, and 162.09, subdivision 3a. 
 81.36     Sec. 97.  [REPEALER.] 
 82.1      Minnesota Statutes 2004, sections 168.011, subdivision 19; 
 82.2   168.15, subdivision 2; and 360.59, subdivisions 4 and 9, are 
 82.3   repealed.