1.1 	A bill for an act
1.2 	relating to transportation; modifying provisions
1.3 	relating to Department of Transportation
1.4 	responsibilities, the state mail system, streets and
1.5 	highways, motor vehicles, commercial motor vehicles
1.6 	and transportation, traffic accidents, government data
1.7 	practices, traffic and parking regulations, Department
1.8 	of Public Safety responsibilities, drivers' licenses
1.9 	and training, state identification cards, railroads
1.10 	and grade crossings, state airports and aviation,
1.11 	commuter rail corridors, law enforcement quotas, motor
1.12 	fuel prices, Metropolitan Council membership and
1.13 	responsibilities, public transit, common real property
1.14 	ownership association responsibilities, Metropolitan
1.15 	Airports Commission responsibilities, wetland
1.16 	replacement near the city of Cologne, the vehicle
1.17 	insurance sampling program, the National Veterans
1.18 	Wheelchair Games, permits, and fees; making technical
1.19 	corrections to certain transportation funding
1.20 	provisions, if enacted; making technical and
1.21 	clarifying changes; amending Minnesota Statutes 2004,
1.22 	sections 13.44, subdivision 3; 16B.49; 117.036;
1.23 	160.80, subdivision 1a; 160.93, subdivision 4;
1.24 	161.368; 161.442; 162.02, subdivisions 2, 3a; 162.09,
1.25 	subdivisions 2, 3a; 162.14, subdivision 6; 168.011,
1.26 	subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding
1.27 	subdivisions; 168.012, subdivision 1; 168.031;
1.28 	168.091, subdivision 1; 168.15, subdivision 1; 168.16;
1.29 	168.185; 168.27, by adding a subdivision; 168.31,
1.30 	subdivision 5; 168.346; 168A.04, by adding a
1.31 	subdivision; 168A.20, by adding a subdivision; 169.01,
1.32 	subdivisions 75, 76, 81, by adding subdivisions;
1.33 	169.06, subdivisions 5, 6, by adding a subdivision;
1.34 	169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11,
1.35 	12, 14, 15, by adding subdivisions; 169.14,
1.36 	subdivisions 2, 4, 5, 5a, by adding subdivisions;
1.37 	169.28, subdivision 2; 169.345, subdivision 1;
1.38 	169.346, subdivisions 1, 2; 169.448, by adding a
1.39 	subdivision; 169.522; 169.685, subdivisions 5, 6;
1.40 	169.686, subdivision 1; 169.71, subdivision 1;
1.41 	169.733; 169.81, subdivision 3c; 169.824, subdivision
1.42 	2; 169.85, subdivisions 1, 6; 169.86, subdivision 5;
1.43 	169.87, subdivisions 4, 5; 169.99, subdivision 1b;
1.44 	169A.52, subdivision 3; 171.01, subdivisions 22, 35,
1.45 	47, by adding a subdivision; 171.02; 171.03; 171.04,
1.46 	subdivision 2; 171.05, subdivisions 1, 2, 2b; 171.055,
2.1 	subdivision 2; 171.07, subdivisions 1, 3; 171.09;
2.2 	171.12, subdivisions 3, 6, 7; 171.165, subdivisions 1,
2.3 	2, 6; 171.17, subdivision 1; 171.30, subdivision 1;
2.4 	174.03, by adding a subdivision; 174.86, subdivision
2.5 	5; 192.502, subdivision 2; 197.65; 219.166; 219.567;
2.6 	296A.07, subdivision 3, as amended, if enacted;
2.7 	296A.08, subdivision 2, as amended, if enacted;
2.8 	297A.94, as amended, if enacted; 297B.09, subdivision
2.9 	1, as amended, if enacted; 299D.08; 360.66, by adding
2.10 	a subdivision; 473.123, subdivisions 2a, 3; 473.446,
2.11 	subdivision 3; 473.4461; 473.604, subdivision 1;
2.12 	515B.1-107; 515B.3-102; proposing coding for new law
2.13 	in Minnesota Statutes, chapters 160; 162; 169; 171;
2.14 	174; repealing Minnesota Statutes 2004, sections
2.15 	168.011, subdivision 19; 168.15, subdivision 2;
2.16 	169.09, subdivision 10; 170.55; 171.165, subdivisions
2.17 	3, 4, 4a, 4b; 325D.01, subdivisions 11, 12; 325D.71;
2.18 	Minnesota Rules, part 7503.2400.
2.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.20 	ARTICLE 1
2.21 	TRANSPORTATION POLICY

2.22 	Section 1. Minnesota Statutes 2004, section 13.44,
2.23 	subdivision 3, is amended to read:
2.24 		Subd. 3.Real property; appraisal data.  (a) [
2.25 	CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or
2.26 	appraised values of individual parcels of real property which 
2.27 	that are made by personnel of the state, its agencies and
2.28 	departments,or a political subdivision or by independent
2.29 	appraisers acting for the state, its agencies and departments,
2.30 	or a political subdivision for the purpose of selling or
2.31 	acquiring land through purchase or condemnation are classified
2.32 	as confidential data on individuals or protected nonpublic data.
2.33 	(b) [PRIVATE OR NONPUBLIC DATA.] Appraised values of
2.34 	individual parcels of real property that are made by appraisers
2.35 	working for fee owners or contract purchasers who have received
2.36 	an offer to purchase their property from the state or a
2.37 	political subdivision are classified as private data on
2.38 	individuals or nonpublic data.
2.39 	(c) [PUBLIC DATA.] The data made confidential or protected
2.40 	nonpublic by the provisions of under paragraph (a) shall or made
2.41 	private or nonpublic under paragraph (b) become public upon the
2.42 	occurrence of any of the following:
2.43 	(1) the negotiating parties exchange appraisals;
2.44 	(2) the data are submitted to a court-appointed
3.1 	condemnation commissioner;
3.2 	(3) (2) the data are presented in court in condemnation
3.3 	proceedings; or 
3.4 	(4) (3) the negotiating parties enter into an agreement for
3.5 	the purchase and sale of the property; or 
3.6 	(5) the data are submitted to the owner under section
3.7 	117.036.
3.8 	
EFFECTIVE DATE. This section is effective the day
3.9 	following final enactment.

3.10 	Sec. 2. Minnesota Statutes 2004, section 16B.49, is
3.11 	amended to read:
3.12 	16B.49 CENTRAL MAILING SYSTEM.
3.13 	(a) The commissioner shall maintain and operate for state
3.14 	agencies, departments, institutions, and offices a central mail
3.15 	handling unit.  Official, outgoing mail for units in St. Paul
3.16 	must be delivered unstamped to the unit.  The unit shall also
3.17 	operate an interoffice mail distribution system.  The department
3.18 	may add personnel and acquire equipment that may be necessary to
3.19 	operate the unit efficiently and cost-effectively.  Account must
3.20 	be kept of the postage required on that mail, which is then a
3.21 	proper charge against the agency delivering the mail.  To
3.22 	provide funds for the payment of postage, each agency shall make
3.23 	advance payments to the commissioner sufficient to cover its
3.24 	postage obligations for at least 60 days.  For purposes of this
3.25 	section, the Minnesota State Colleges and Universities is a
3.26 	state agency.
3.27 	(b) Notwithstanding paragraph (a) or section 16C.09, the
3.28 	commissioner may approve the performance of mail-related
3.29 	functions by an agency outside the state's central mail-handling
3.30 	unit if the agency demonstrates it furthers program
3.31 	effectiveness, better use of services, greater efficiency, or
3.32 	greater economy in state government.

3.33 	Sec. 3. Minnesota Statutes 2004, section 117.036, is
3.34 	amended to read:
3.35 	117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE
3.36 	TO ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.
4.1 		Subdivision 1.Application. This section applies to the
4.2 	acquisition of property for public highways, streets, roads,
4.3 	alleys, airports, mass transit facilities, or for other
4.4 	transportation facilities or purposes.
4.5 		Subd. 2.Appraisal. (a) Before commencing an eminent
4.6 	domain proceeding under this chapter acquiring an interest in
4.7 	real property, the acquiring authority must obtain at least one
4.8 	appraisal for the property proposed to be acquired.  In making
4.9 	the appraisal, the appraiser must confer with one or more of the
4.10 	fee owners or contract purchasers of the property, if reasonably
4.11 	possible. Notwithstanding section 13.44 or any other law to the
4.12 	contrary, the acquiring authority must provide the fee owner or
4.13 	contract purchaser with a copy of the current appraisal at least
4.14 	20 days before presenting a petition under section 117.055, the
4.15 	acquiring authority must provide the owner with a copy of the
4.16 	appraisal and inform the owner of the owner's fee owner or
4.17 	contract purchaser of the right to obtain an appraisal under
4.18 	this section. Upon request, the acquiring authority must make
4.19 	available to the fee owner or contract purchaser all appraisals
4.20 	of the property.
4.21 	(b) The fee owner or contract purchaser may obtain an
4.22 	appraisal by a qualified appraiser of the property proposed to
4.23 	be acquired.  The fee owner or contract purchaser is entitled to
4.24 	reimbursement for the reasonable costs of the appraisal from the
4.25 	acquiring authority up to a maximum of $1,500 within 30 days
4.26 	after the if the fee owner or contract purchaser:
4.27 	(1) submits to the acquiring authority a copy of the
4.28 	appraisal and the information necessary for reimbursement,
4.29 	provided that the owner does so ;
4.30 	(2) requests reimbursement within 60 90 days after the
4.31 	owner receives receiving the appraisal from the authority under
4.32 	paragraph (a); and 
4.33 	(3) ensures that the appraisal is conducted in accordance
4.34 	with the Uniform Standards of Professional Appraisal Practice.
4.35 	The acquiring authority must pay the reimbursement to the fee
4.36 	owner or contract purchaser within 30 days after receiving a
5.1 	copy of the appraisal and the reimbursement information.  Upon
5.2 	agreement between the acquiring authority and either the fee
5.3 	owner or contract purchaser, the acquiring authority may pay the
5.4 	reimbursement up to $1,500 directly to the appraiser.
5.5 		Subd. 3.Negotiation. In addition to the appraisal
5.6 	requirements under subdivision 2, before commencing an eminent
5.7 	domain proceeding, the acquiring authority must make a good
5.8 	faith attempt to negotiate personally with the fee owner or
5.9 	contract purchaser of the property in order to acquire the
5.10 	property by direct purchase instead of the use of eminent domain
5.11 	proceedings.  In making this negotiation, the acquiring
5.12 	authority must consider the appraisals in its possession,
5.13 	including any appraisal obtained and furnished by the fee owner
5.14 	or contract purchaser if available,and other information that
5.15 	may be relevant to a determination of damages under this chapter.
5.16 	Subd. 4.[CONDEMNATION COMMISSIONERS' HEARING.] (a)
5.17 	Notwithstanding section 13.44, an owner's appraisal may not be
5.18 	used or considered in a condemnation commissioners' hearing
5.19 	conducted under section 117.085, nor may the owner's appraiser
5.20 	testify, unless a copy of the owner's appraiser's written report
5.21 	is provided to the acquiring authority at least five days before
5.22 	the hearing.
5.23 	(b) Notwithstanding section 13.44, the acquiring
5.24 	authority's appraisal may not be used or considered in a
5.25 	condemnation commissioners' hearing conducted under section
5.26 	117.085, nor may the acquiring authority's appraiser testify,
5.27 	unless a copy of the acquiring authority's appraiser's written
5.28 	report is provided to the owner or contract purchaser at least
5.29 	five days before the hearing.

5.30 	Sec. 4. Minnesota Statutes 2004, section 160.80,
5.31 	subdivision 1a, is amended to read:
5.32 		Subd. 1a.Eligibility criteria for business panels.  (a)
5.33 	To be eligible for a business panel on a logo sign panel, a
5.34 	business establishment must:
5.35 	(1) be open for business;
5.36 	(2) have a sign on site that both identifies the business
6.1 	and is visible to motorists;
6.2 	(3) be open to everyone, regardless of race, religion,
6.3 	color, age, sex, national origin, creed, marital status, sexual
6.4 	orientation, or disability;
6.5 	(4) not impose a cover charge or otherwise require
6.6 	customers to purchase additional products or services; and
6.7 	(5) meet the appropriate criteria in paragraphs (b) to (e).
6.8 	(b) Gas businesses must provide vehicle services including
6.9 	fuel and oil; restroom facilities and drinking water;
6.10 	continuous, staffed operation at least 12 hours a day, seven
6.11 	days a week; and public access to a telephone.
6.12 	(c) Food businesses must serve at least two meals a day
6.13 	during normal mealtimes of breakfast, lunch, and dinner; provide
6.14 	a continuous, staffed food service operation at least ten hours
6.15 	a day, seven days a week except holidays as defined in section
6.16 	645.44, subdivision 5, and except as provided for seasonal food
6.17 	service businesses; provide seating capacity for at least 20
6.18 	people; serve meals prepared on the premises;and possess any
6.19 	required state or local licensing or approval. Reheated,
6.20 	prepackaged, ready-to-eat food is not "food prepared on the
6.21 	premises." Seasonal food service businesses must provide a
6.22 	continuous, staffed food service operation at least ten hours a
6.23 	day, seven days a week, during their months of operation.
6.24 	(d) Lodging businesses must include sleeping
6.25 	accommodations, provide public access to a telephone, and
6.26 	possess any required state or local licensing or approval.
6.27 	(e) Camping businesses must include sites for camping,
6.28 	include parking accommodations for each campsite, provide
6.29 	sanitary facilities and drinking water, and possess any required
6.30 	state or local licensing or approval.
6.31 	(f) Businesses that do not meet the appropriate criteria in
6.32 	paragraphs (b) to (e) but that have a signed lease as of January
6.33 	1, 1998, may retain the business panel until December 31, 2005,
6.34 	or until they withdraw from the program, whichever occurs first,
6.35 	provided they continue to meet the criteria in effect in the
6.36 	department's contract with the logo sign vendor on August 1,
7.1 	1995.  After December 31, 2005, or after withdrawing from the
7.2 	program, a business must meet the appropriate criteria in
7.3 	paragraphs (a) to (e) to qualify for a business panel.
7.4 	(g) Seasonal businesses must indicate to motorists when
7.5 	they are open for business by either putting the full months of
7.6 	operation directly on the business panel or by having a "closed"
7.7 	plaque applied to the business panel when the business is closed
7.8 	for the season.
7.9 	(h) The maximum distance that an eligible business in
7.10 	Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
7.11 	county can be located from the interchange is:  for gas
7.12 	businesses, one mile; for food businesses, two miles; for
7.13 	lodging businesses, three miles; and for camping businesses, ten
7.14 	miles.
7.15 	(i) The maximum distance that an eligible business in any
7.16 	other county can be located from the interchange shall not
7.17 	exceed 15 miles in either direction.
7.18 	(j) Logo sign panels must be erected so that motorists
7.19 	approaching an interchange view the panels in the following
7.20 	order:  camping, lodging, food, gas.
7.21 	(k) If there is insufficient space on a logo sign panel to
7.22 	display all eligible businesses for a specific type of service,
7.23 	the businesses closest to the interchange have priority over
7.24 	businesses farther away from the interchange.
7.25 	
EFFECTIVE DATE. This section is effective the day
7.26 	following final enactment.

7.27 	Sec. 5. Minnesota Statutes 2004, section 160.93,
7.28 	subdivision 4, is amended to read:
7.29 		Subd. 4.Prohibition.  No person may operate a
7.30 	single-occupant vehicle in a designated high-occupancy vehicle
7.31 	lane except in compliance with the requirements of the
7.32 	commissioner. The commissioner shall designate off-peak hours,
7.33 	during which user fees may not be charged for the use of
7.34 	high-occupancy vehicle lanes that are not separated by a
7.35 	physical barrier from unrestricted lanes.A person who violates
7.36 	this subdivision is guilty of a petty misdemeanor and is subject
8.1 	to sections 169.89, subdivisions 1, 2, and 4, and 169.891 and
8.2 	any other provision of chapter 169 applicable to the commission
8.3 	of a petty misdemeanor traffic offense.

8.4 	Sec. 6. [160.94] USE OF HIGHWAY LANES BY HYBRID
8.5 	VEHICLES.
8.6 		Subdivision 1.Hybrid vehicle. For the purposes of this
8.7 	section, "hybrid vehicle" means a motor vehicle that:
8.8 	(1) has a hybrid propulsion system that operates both with
8.9 	an internal combustion engine and on electric propulsion;
8.10 	(2) has a fuel efficiency of greater than 28 miles per
8.11 	gallon in highway use and 33 miles per gallon in city use, as
8.12 	certified by the United States Environmental Protection Agency;
8.13 	and 
8.14 	(3) conforms to any requirements for such a vehicle in
8.15 	federal law or regulation.
8.16 		Subd. 2.Use of hov lanes by hybrid vehicles. Unless
8.17 	otherwise prohibited by federal law or regulation, and with the
8.18 	approval of the Federal Highway Administration, the commissioner
8.19 	shall:
8.20 	(1) allow an operator of a single-occupant, hybrid vehicle
8.21 	to use any high-occupancy vehicle lane on the trunk highway
8.22 	system, regardless of occupancy requirements established for
8.23 	other types of vehicles; and 
8.24 	(2) allow the operator of a hybrid vehicle to use a lane of
8.25 	a trunk highway, other than a toll bridge, on which a toll is
8.26 	imposed for certain vehicles, without payment of such a toll.
8.27 		Subd. 3.Decals. The commissioner shall issue to the
8.28 	owner of a hybrid vehicle upon request of the owner and upon
8.29 	payment of a fee of $15, a distinctive decal or other identifier
8.30 	to be affixed to the vehicle, clearly identifying the vehicle as
8.31 	a hybrid vehicle.  A person operating a vehicle lawfully
8.32 	displaying such a decal has the privileges granted by the
8.33 	commissioner under subdivision 2.
8.34 		Subd. 4.Violation. A person may not operate a vehicle
8.35 	that displays a decal or other identifier issued under this
8.36 	section in a high-occupancy vehicle lane or toll lane if that
9.1 	decal or identifier was not issued for that vehicle.  A
9.2 	violation of this subdivision is a misdemeanor.
9.3 		Subd. 5.Expiration. This section expires July 31, 2007.

9.4 	Sec. 7. Minnesota Statutes 2004, section 161.368, is
9.5 	amended to read:
9.6 	161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.
9.7 	On behalf of the state, the commissioner may enter into
9.8 	cost-sharing agreements with Indian tribal authorities for the
9.9 	purpose of providing maintenance, design, and construction to
9.10 	highways on tribal lands.  These agreements may include (1) a
9.11 	provision for waiver of immunity from suit by a party to the
9.12 	contract on the part of the tribal authority with respect to any
9.13 	controversy arising out of the contract and (2) a provision
9.14 	conferring jurisdiction on state district courts to hear such a
9.15 	controversy.

9.16 	Sec. 8. Minnesota Statutes 2004, section 161.442, is
9.17 	amended to read:
9.18 	161.442 RECONVEYANCE TO FORMER OWNER.
9.19 	Notwithstanding sections 161.23, 161.41, 161.411, 161.43,
9.20 	161.44, or any other statute, the commissioner of
9.21 	transportation, with the consent of the owner, or for good cause
9.22 	and with the consent of the court,may transfer, sell, or convey
9.23 	real property including fixtures, and interests in real property
9.24 	including easements, to the owner from whom the property was
9.25 	acquired by the state for trunk highway purposes through a
9.26 	pending eminent domain action.  The transfer of title may be by
9.27 	stipulation, partial dismissal, bill of sale, or conveyance.
9.28 	Any resulting change in the state's acquisition must be
9.29 	explained in the final certificate for that action.  This
9.30 	provision does not confer on a landowner the right to compel a
9.31 	reconveyance without the consent of the commissioner.

9.32 	EFFECTIVE DATE. This section is effective the day
9.33 	following final enactment.

9.34 	Sec. 9. Minnesota Statutes 2004, section 162.02,
9.35 	subdivision 2, is amended to read:
9.36 		Subd. 2.Rules; advisory committee.  (a) The rules shall
10.1 	be made and promulgated by the commissioner acting with the
10.2 	advice of a committee which shall be selected by the several
10.3 	county boards acting through the officers of the statewide
10.4 	association of county commissioners.  The committee shall be
10.5 	composed of nine members so selected that each member shall be
10.6 	from a different state highway construction district.  Not more
10.7 	than five of the nine members of the committee shall be county
10.8 	commissioners.  The remaining members shall be county highway
10.9 	engineers.  In the event that agreement cannot be reached on any
10.10 	rule, the commissioner's determination shall be final.  The
10.11 	rules shall be printed and copies thereof shall be forwarded to
10.12 	the county engineers of the several counties. For the purposes
10.13 	of this section, the expedited process for adopting rules
10.14 	established in section 14.389 may be used.
10.15 	(b) Notwithstanding section 15.059, subdivision 5, the
10.16 	committee does not expire.

10.17 	Sec. 10. Minnesota Statutes 2004, section 162.02,
10.18 	subdivision 3a, is amended to read:
10.19 		Subd. 3a.Variances from rules and engineering
10.20 	standards.  The commissioner may grant variances from the rules
10.21 	and from the engineering standards developed pursuant to section
10.22 	162.021 or 162.07, subdivision 2.  A political subdivision in
10.23 	which a county state-aid highway is located or is proposed to be
10.24 	located may submit a written request to the commissioner for a
10.25 	variance for that highway.  The commissioner shall publish
10.26 	notice of the request in the State Register and give notice to
10.27 	all persons known to the commissioner to have an interest in the
10.28 	matter.  The commissioner may grant or deny the variance within
10.29 	30 days of providing notice of the request.  If a written
10.30 	objection to the request is received within 20 seven days of
10.31 	providing notice, the variance shall be granted or denied only
10.32 	after a contested case hearing has been held on the request.  If
10.33 	no timely objection is received and the variance is denied
10.34 	without hearing, the political subdivision may request, within
10.35 	30 days of receiving notice of denial, and shall be granted a
10.36 	contested case hearing.  For purposes of this subdivision,
11.1 	"political subdivision" includes (1) an agency of a political
11.2 	subdivision which has jurisdiction over parks, and (2) a
11.3 	regional park authority.

11.4 	Sec. 11. [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
11.5 	STATE.
11.6 	When a county state-aid highway route is so located that in
11.7 	order to achieve the designated objectives the commissioner
11.8 	determines that it is necessary to construct the highway across
11.9 	a portion of another county or state, the county initiating the
11.10 	construction is authorized to spend county state-aid highway
11.11 	funds for that purpose in the same manner as other expenditures
11.12 	for county state-aid highway purposes are made.  No part of that
11.13 	highway may be constructed in another county until both counties
11.14 	approve the construction.

11.15 	Sec. 12. Minnesota Statutes 2004, section 162.09,
11.16 	subdivision 2, is amended to read:
11.17 		Subd. 2.Rules; advisory committee.  (a) The rules shall
11.18 	be made and promulgated by the commissioner acting with the
11.19 	advice of a committee which shall be selected by the governing
11.20 	bodies of such cities, acting through the officers of the
11.21 	statewide association of municipal officials.  The committee
11.22 	shall be composed of 12 members, so selected that there shall be
11.23 	one member from each state highway construction district and in
11.24 	addition one member from each city of the first class.  Not more
11.25 	than six members of the committee shall be elected officials of
11.26 	the cities.  The remaining members of the committee shall be
11.27 	city engineers.  In the event that agreement cannot be reached
11.28 	on any rule the commissioner's determination shall be final.
11.29 	The rules shall be printed and copies thereof shall be forwarded
11.30 	to the clerks and engineers of the cities. For the purposes of
11.31 	this section, the expedited process for adopting rules
11.32 	established in section 14.389 may be used.
11.33 	(b) Notwithstanding section 15.059, subdivision 5, the
11.34 	committee does not expire.

11.35 	Sec. 13. Minnesota Statutes 2004, section 162.09,
11.36 	subdivision 3a, is amended to read:
12.1 		Subd. 3a.Variances from rules and engineering
12.2 	standards.  The commissioner may grant variances from the rules
12.3 	and from the engineering standards developed pursuant to section
12.4 	162.13, subdivision 2.  A political subdivision in which a
12.5 	municipal state-aid street is located or is proposed to be
12.6 	located may submit a written request to the commissioner for a
12.7 	variance for that street.  The commissioner shall publish notice
12.8 	of the request in the State Register and give notice to all
12.9 	persons known to the commissioner to have an interest in the
12.10 	matter.  The commissioner may grant or deny the variance within
12.11 	30 days of providing notice of the request.  If a written
12.12 	objection to the request is received within 20 seven days of
12.13 	providing notice, the variance shall be granted or denied only
12.14 	after a contested case hearing has been held on the request.  If
12.15 	no timely objection is received and the variance is denied
12.16 	without hearing, the political subdivision may request, within
12.17 	30 days of receiving notice of denial, and shall be granted a
12.18 	contested case hearing.  For purposes of this subdivision,
12.19 	"political subdivision" includes (1) an agency of a political
12.20 	subdivision which has jurisdiction over parks, and (2) a
12.21 	regional park authority.

12.22 	Sec. 14. [162.091] CONSTRUCTION ACROSS ANOTHER
12.23 	MUNICIPALITY OR STATE.
12.24 	When a municipal state-aid street route is so located that
12.25 	in order to achieve the designated objectives the commissioner
12.26 	determines that it is necessary to construct the street across a
12.27 	portion of another municipality or state, the municipality
12.28 	initiating the construction is authorized to spend municipal
12.29 	state-aid street funds for that purpose in the same manner as
12.30 	other expenditures for municipal state-aid street purposes are
12.31 	made.  No part of that street may be constructed in another
12.32 	municipality until both municipalities approve the construction.

12.33 	Sec. 15. Minnesota Statutes 2004, section 162.14,
12.34 	subdivision 6, is amended to read:
12.35 		Subd. 6.Advances.  Any such city may make advances from
12.36 	any funds available to it for the purpose of expediting the
13.1 	construction, reconstruction, improvement, or maintenance of its
13.2 	municipal state-aid street system; provided that such advances
13.3 	shall not exceed the city's total estimated apportionment for
13.4 	the three years following the year the advance is made.
13.5 	Advances made by any such city shall be repaid out of subsequent
13.6 	apportionments made to such city in accordance with the
13.7 	commissioner's rules.

13.8 	Sec. 16. Minnesota Statutes 2004, section 168.011, is
13.9 	amended by adding a subdivision to read:
13.10 		Subd. 2a.Commissioner. "Commissioner" means the
13.11 	commissioner of the Minnesota Department of Public Safety.

13.12 	Sec. 17. Minnesota Statutes 2004, section 168.011,
13.13 	subdivision 3, is amended to read:
13.14 		Subd. 3.Highway. A "Highway" is any public thoroughfare
13.15 	for vehicles, including streets in cities has the meaning given
13.16 	in section 169.01, subdivision 29.

13.17 	Sec. 18. Minnesota Statutes 2004, section 168.011,
13.18 	subdivision 4, is amended to read:
13.19 		Subd. 4.Motor vehicle.  (a) "Motor vehicle" means any
13.20 	self-propelled vehicle designed and originally manufactured to
13.21 	operate primarily upon public roads and on highways, and not
13.22 	operated exclusively upon railroad tracks.  It includes any
13.23 	vehicle propelled or drawn by a self-propelled vehicle and
13.24 	includes vehicles known as trackless trolleys that are propelled
13.25 	by electric power obtained from overhead trolley wires but not
13.26 	operated upon rails.  It does not include snowmobiles,
13.27 	manufactured homes, or park trailers.
13.28 	(b) "Motor vehicle" also includes an all-terrain vehicle,
13.29 	as defined in section 84.92, subdivision 8, that only if the
13.30 	all-terrain vehicle (1) has at least four wheels, (2) is owned
13.31 	and operated by a physically disabled person, and (3) displays
13.32 	both physically disabled license plates and a physically
13.33 	disabled certificate issued under section 169.345, subdivision 3.
13.34 	(c) "Motor vehicle" does not include an all-terrain vehicle
13.35 	as defined in section 84.92, subdivision 8;except (1) an
13.36 	all-terrain vehicle described in paragraph (b), or (2) an
14.1 	all-terrain vehicle licensed as a motor vehicle before August 1,
14.2 	1985.  The owner may continue to license an all-terrain vehicle
14.3 	described in clause (2) as a motor vehicle until it is conveyed
14.4 	or otherwise transferred to another owner, is destroyed, or
14.5 	fails to comply with the registration and licensing requirements
14.6 	of this chapter.
14.7 	(d) "Motor vehicle" does not include an electric personal
14.8 	assistive mobility device as defined in section 169.01,
14.9 	subdivision 90.

14.10 	Sec. 19. Minnesota Statutes 2004, section 168.011,
14.11 	subdivision 5, is amended to read:
14.12 		Subd. 5.Owner.  "Owner" means any person, firm,
14.13 	association, or corporation owning or renting leasing a motor 
14.14 	vehicle, or having the exclusive use thereof of the vehicle,
14.15 	under a lease or otherwise, for a period of greater than 30 days.

14.16 	Sec. 20. Minnesota Statutes 2004, section 168.011,
14.17 	subdivision 5a, is amended to read:
14.18 		Subd. 5a.Registered owner.  "Registered owner" means any
14.19 	person, firm, association, or corporation,other than a secured
14.20 	party, having title to a motor vehicle.  If a passenger
14.21 	automobile, as defined in subdivision 7,is under lease for a
14.22 	term of 180 days or more, the lessee is deemed to be the
14.23 	registered owner, for purposes of registration only,;provided
14.24 	that the application for renewal of the registration of a
14.25 	passenger automobile described in this subdivision shall be is 
14.26 	sent to the lessor.

14.27 	Sec. 21. Minnesota Statutes 2004, section 168.011,
14.28 	subdivision 6, is amended to read:
14.29 		Subd. 6.Tax, fee.  "Tax" or "fee" means the annual
14.30 	registration tax imposed on motor vehicles in lieu of all other
14.31 	taxes thereon, except wheelage taxes, so-called,which may be
14.32 	imposed by any city,and except gross earnings taxes paid by
14.33 	companies subject or made subject thereto. Such The annual tax
14.34 	shall be deemed is both a property tax and a highway use tax and
14.35 	shall be on the basis of the calendar year.

14.36 	Sec. 22. Minnesota Statutes 2004, section 168.011,
15.1 	subdivision 7, is amended to read:
15.2 		Subd. 7.Passenger automobile. (a) "Passenger automobile"
15.3 	means any motor vehicle designed and used for carrying not more
15.4 	than 15 persons individuals including the driver.
15.5 	(b) "Passenger automobile" does not include motorcycles,
15.6 	motor scooters, and buses described in subdivision 9, paragraph
15.7 	(a), clause (2) buses, or school buses.
15.8 	(c) For purposes of taxation only, " Passenger automobile " 
15.9 	includes pickup trucks and vans, including those vans designed
15.10 	to carry passengers,with a manufacturer's nominal rated
15.11 	carrying capacity of one ton, but does not include commuter vans
15.12 	as defined in section 168.126.

15.13 	Sec. 23. Minnesota Statutes 2004, section 168.011,
15.14 	subdivision 25, is amended to read:
15.15 		Subd. 25.Recreational equipment vehicle.  (a)
15.16 	"Recreational equipment vehicle " means travel trailers including
15.17 	those which that telescope or fold down, chassis-mounted
15.18 	campers, house cars,motor homes, tent trailers, slip-in
15.19 	campers,and converted buses that provide temporary human living
15.20 	quarters. A 
15.21 	(b) "Recreational vehicle " is considered to provide
15.22 	temporary living quarters if it a vehicle that:
15.23 	(1) is not used as the residence of the owner or occupant;
15.24 	(2) is used for temporary living quarters by the owner or
15.25 	occupant while engaged in recreational or vacation activities;
15.26 	and
15.27 	(3) is either self-propelled or towed on the public streets
15.28 	or highways incidental to the recreational or vacation
15.29 	activities.
15.30 	(b) For the purposes of this subdivision, a Subd. 25a.
15.31 	[MOTOR HOME.] " Motor home " means a unit recreational vehicle 
15.32 	designed to provide temporary living quarters,.  The motor home
15.33 	has a living unit built into as an integral part of, or
15.34 	permanently attached to the chassis of, a self-propelled motor
15.35 	vehicle chassis or van.
15.36 	(a) A motor home must contain permanently installed,
16.1 	independent,life-support systems which that meet the American
16.2 	National Standards Institute standard number A119.2 for
16.3 	recreational vehicles and provide at least four of the following
16.4 	facilities, two of which must be from the systems listed in
16.5 	clauses (1), (5), and (6):  (1) a cooking facility with liquid
16.6 	propane gas supply, (2) a refrigerator, (3) a self-contained
16.7 	toilet or a toilet connected to a plumbing system with a 
16.8 	connection for external water disposal, (4) a heating or air
16.9 	conditioning system separate from the motor vehicle engine, (5)
16.10 	a potable water supply system including a sink with a faucet
16.11 	either self-contained or with connections for an external
16.12 	source, and (6) a separate 110-125 volt volts electrical power
16.13 	supply.
16.14 	(b) For purposes of this subdivision, "permanently
16.15 	installed" means built into or attached as an integral part of a
16.16 	chassis or van, and designed not to be removed except for repair
16.17 	or replacement.  A system which that is readily removable or
16.18 	held in place by clamps or tie-downs is not permanently
16.19 	installed.
16.20 	(c) Motor homes include but are not limited to, the
16.21 	following a:
16.22 	(1) type A motor home-, which is a raw chassis upon which
16.23 	is built a driver's compartment and an entire body that provides
16.24 	temporary living quarters as defined described in this 
16.25 	paragraph (a);
16.26 	(2) type B motor home-, which is a van-type vehicle van 
16.27 	that conforms to the motor home definition description in this 
16.28 	paragraph (a) and has been completed or altered by the a 
16.29 	final-stage manufacturer; and
16.30 	(3) type C motor home-, which is an incomplete vehicle
16.31 	upon which is permanently attached a body designed to provide
16.32 	temporary living quarters as defined described in this 
16.33 	paragraph (a).
16.34 	(d) A motor vehicle with a slip-in campers are camper or
16.35 	other removable equipment that is mounted into or on a motor 
16.36 	vehicle commonly known as a pickup truck, in the pickup box,
17.1 	either by bolting through the floor of the pickup box or by
17.2 	firmly clamping to the side of the pickup box.  The vehicle
17.3 	may is not a motor home, is not a recreational vehicle, and must 
17.4 	not be registered as a recreational vehicle under section
17.5 	168.013.

17.6 	Sec. 24. Minnesota Statutes 2004, section 168.011, is
17.7 	amended by adding a subdivision to read:
17.8 		Subd. 37.All-terrain vehicle. "All-terrain vehicle" has
17.9 	the meaning given in section 84.92, subdivision 8.

17.10 	Sec. 25. Minnesota Statutes 2004, section 168.011, is
17.11 	amended by adding a subdivision to read:
17.12 		Subd. 38.Person. "Person" has the meaning given in
17.13 	section 168A.01, subdivision 14.

17.14 	Sec. 26. Minnesota Statutes 2004, section 168.011, is
17.15 	amended by adding a subdivision to read:
17.16 		Subd. 39.Vehicle. "Vehicle" has the meaning given in
17.17 	section 168A.01, subdivision 24.

17.18 	Sec. 27. Minnesota Statutes 2004, section 168.011, is
17.19 	amended by adding a subdivision to read:
17.20 		Subd. 40.Commissioner. "Commissioner" means the
17.21 	commissioner of the Minnesota Department of Public Safety.

17.22 	Sec. 28. Minnesota Statutes 2004, section 168.011, is
17.23 	amended by adding a subdivision to read:
17.24 		Subd. 41.State. "State" means a state of the United
17.25 	States, the District of Columbia, Puerto Rico, the United States
17.26 	Virgin Islands, or any territory or insular possession subject
17.27 	to the jurisdiction of the United States.

17.28 	Sec. 29. Minnesota Statutes 2004, section 168.012,
17.29 	subdivision 1, is amended to read:
17.30 		Subdivision 1.Vehicles exempt from tax, fees, or plate
17.31 	display.  (a) The following vehicles are exempt from the
17.32 	provisions of this chapter requiring payment of tax and
17.33 	registration fees, except as provided in subdivision 1c:
17.34 	(1) vehicles owned and used solely in the transaction of
17.35 	official business by the federal government, the state, or any
17.36 	political subdivision;
18.1 	(2) vehicles owned and used exclusively by educational
18.2 	institutions and used solely in the transportation of pupils to
18.3 	and from those institutions;
18.4 	(3) vehicles used solely in driver education programs at
18.5 	nonpublic high schools;
18.6 	(4) vehicles owned by nonprofit charities and used
18.7 	exclusively to transport disabled persons for charitable,
18.8 	religious, or educational purposes;
18.9 	(5) ambulances owned by ambulance services licensed under
18.10 	section 144E.10, the general appearance of which is
18.11 	unmistakable; and 
18.12 	(6) motorized foot scooters as defined in section 169.01,
18.13 	subdivision 4c; and 
18.14 	(7) vehicles owned by a commercial driving school licensed
18.15 	under section 171.34, or an employee of a commercial driving
18.16 	school licensed under section 171.34, and the vehicle is used
18.17 	exclusively for driver education and training.
18.18 	(b) Vehicles owned by the federal government, municipal
18.19 	fire apparatuses including fire-suppression support vehicles,
18.20 	police patrols, and ambulances, the general appearance of which
18.21 	is unmistakable, are not required to register or display number
18.22 	plates.
18.23 	(c) Unmarked vehicles used in general police work, liquor
18.24 	investigations, or arson investigations, and passenger
18.25 	automobiles, pickup trucks, and buses owned or operated by the
18.26 	Department of Corrections, must be registered and must display
18.27 	appropriate license number plates, furnished by the registrar at
18.28 	cost.  Original and renewal applications for these license
18.29 	plates authorized for use in general police work and for use by
18.30 	the Department of Corrections must be accompanied by a
18.31 	certification signed by the appropriate chief of police if
18.32 	issued to a police vehicle, the appropriate sheriff if issued to
18.33 	a sheriff's vehicle, the commissioner of corrections if issued
18.34 	to a Department of Corrections vehicle, or the appropriate
18.35 	officer in charge if issued to a vehicle of any other law
18.36 	enforcement agency.  The certification must be on a form
19.1 	prescribed by the commissioner and state that the vehicle will
19.2 	be used exclusively for a purpose authorized by this section.
19.3 	(d) Unmarked vehicles used by the Departments of Revenue
19.4 	and Labor and Industry, fraud unit, in conducting seizures or
19.5 	criminal investigations must be registered and must display
19.6 	passenger vehicle classification license number plates,
19.7 	furnished at cost by the registrar.  Original and renewal
19.8 	applications for these passenger vehicle license plates must be
19.9 	accompanied by a certification signed by the commissioner of
19.10 	revenue or the commissioner of labor and industry.  The
19.11 	certification must be on a form prescribed by the commissioner
19.12 	and state that the vehicles will be used exclusively for the
19.13 	purposes authorized by this section.
19.14 	(e) Unmarked vehicles used by the Division of Disease
19.15 	Prevention and Control of the Department of Health must be
19.16 	registered and must display passenger vehicle classification
19.17 	license number plates.  These plates must be furnished at cost
19.18 	by the registrar.  Original and renewal applications for these
19.19 	passenger vehicle license plates must be accompanied by a
19.20 	certification signed by the commissioner of health.  The
19.21 	certification must be on a form prescribed by the commissioner
19.22 	and state that the vehicles will be used exclusively for the
19.23 	official duties of the Division of Disease Prevention and
19.24 	Control.
19.25 	(f) Unmarked vehicles used by staff of the Gambling Control
19.26 	Board in gambling investigations and reviews must be registered
19.27 	and must display passenger vehicle classification license number
19.28 	plates.  These plates must be furnished at cost by the
19.29 	registrar.  Original and renewal applications for these
19.30 	passenger vehicle license plates must be accompanied by a
19.31 	certification signed by the board chair.  The certification must
19.32 	be on a form prescribed by the commissioner and state that the
19.33 	vehicles will be used exclusively for the official duties of the
19.34 	Gambling Control Board.
19.35 	(g) All other motor vehicles must be registered and display
19.36 	tax-exempt number plates, furnished by the registrar at cost,
20.1 	except as provided in subdivision 1c.  All vehicles required to
20.2 	display tax-exempt number plates must have the name of the state
20.3 	department or political subdivision, nonpublic high school
20.4 	operating a driver education program, or licensed commercial
20.5 	driving school, plainly displayed on both sides of the vehicle;
20.6 	except that each state hospital and institution for the mentally
20.7 	ill and mentally retarded may have one vehicle without the
20.8 	required identification on the sides of the vehicle, and county
20.9 	social service agencies may have vehicles used for child and
20.10 	vulnerable adult protective services without the required
20.11 	identification on the sides of the vehicle.  This identification
20.12 	must be in a color giving contrast with that of the part of the
20.13 	vehicle on which it is placed and must endure throughout the
20.14 	term of the registration.  The identification must not be on a
20.15 	removable plate or placard and must be kept clean and visible at
20.16 	all times; except that a removable plate or placard may be
20.17 	utilized on vehicles leased or loaned to a political subdivision
20.18 	or to a nonpublic high school driver education program.

20.19 	Sec. 30. Minnesota Statutes 2004, section 168.031, is
20.20 	amended to read:
20.21 	168.031 REGISTRATION EXEMPTION; ACTIVE MILITARY-RELATED 
20.22 	SERVICE.
20.23 	(a) The motor vehicle of any person who engages in active
20.24 	military service in time of war or other emergency declared by
20.25 	proper authority in any branch or unit of the military or naval
20.26 	forces of the United States armed forces shall be exempt from
20.27 	the motor vehicle registration tax during the period of such
20.28 	active service and for 40 90 days immediately thereafter if the
20.29 	owner has filed , before, during, or within 90 days after
20.30 	completion of that active service, files with the registrar of
20.31 	motor vehicles a written application for exemption with such
20.32 	proof of military service as the registrar may have required and
20.33 	if the motor vehicle is not operated on a public highway within
20.34 	the state during the requested period of exemption, except by
20.35 	the owner while on furlough or leave of absence from the
20.36 	military.
21.1 	(b) The motor vehicle of any disabled war veteran, which
21.2 	vehicle has been furnished free, in whole or in part, by the
21.3 	United States government to said disabled veteran, shall be
21.4 	exempt from the motor vehicle registration tax.  The motor
21.5 	vehicle owned and registered by a former prisoner of war that
21.6 	bears the "EX-POW" plates is exempt from the motor vehicle
21.7 	registration tax.
21.8 	(c) For purposes of this section, the term "active service"
21.9 	shall have the meaning given this term in section 190.05,
21.10 	subdivisions 5b and 5c, but excludes service performed
21.11 	exclusively for purposes of:
21.12 	(1) annual training and other periodic inactive duty
21.13 	training for National Guard and other reserve members;
21.14 	(2) special training periodically made available to
21.15 	National Guard and other reserve members;
21.16 	(3) service performed in accordance with section 190.08,
21.17 	subdivision 3; and 
21.18 	(4) service performed as part of the active guard/reserve
21.19 	program pursuant to United States Code, title 32, section
21.20 	502(f), or other applicable authority.

21.21 	EFFECTIVE DATE. This section is effective the day
21.22 	following final enactment and applies to persons serving in
21.23 	active military service on or after that date.

21.24 	Sec. 31. Minnesota Statutes 2004, section 168.091,
21.25 	subdivision 1, is amended to read:
21.26 		Subdivision 1.Nonresident buyer. (a) Upon payment of a
21.27 	fee of $1, the registrar commissioner may issue a permit to a
21.28 	nonresident purchasing a new or used motor vehicle in this state
21.29 	for the sole purpose of allowing such nonresident to remove the
21.30 	vehicle to be removed from this state for registration in
21.31 	another state or country. Such 
21.32 	(b) The permit shall be is in lieu of any other
21.33 	registration or taxation for use of the highways and shall be is 
21.34 	valid for a period of 31 days from the date of sale, trade, or
21.35 	gift.
21.36 	(c) The permit shall must be available in such form an
22.1 	electronic format as the registrar may determine and, whenever
22.2 	practicable, shall be determined by the commissioner.
22.3 	(d) If the sale, gift, or trade information is
22.4 	electronically transmitted to the commissioner by a dealer or
22.5 	deputy registrar of motor vehicles, the $1 fee is waived.
22.6 	(e) The permit must be posted upon the left side of the
22.7 	inside rear window of the vehicle or, if not practicable, where
22.8 	it is plainly visible to law enforcement.  Each such 
22.9 	permit shall be is valid only for the vehicle for which the
22.10 	permit was issued.

22.11 	Sec. 32. Minnesota Statutes 2004, section 168.15,
22.12 	subdivision 1, is amended to read:
22.13 		Subdivision 1.Transfer of ownership.  (a) Upon the
22.14 	transfer of ownership, destruction, theft, dismantling, or
22.15 	permanent removal by the owner from this state of any motor 
22.16 	vehicle registered in accordance with this chapter, the right of
22.17 	the owner of the vehicle to use the registration certificate and
22.18 	number plates assigned to the vehicle expires.
22.19 	(b) When the ownership of a motor vehicle is transferred to
22.20 	another resident of person required to register the vehicle in 
22.21 	this state, the transferor shall surrender the registration
22.22 	plates, unless otherwise provided for in this chapter, and 
22.23 	assign the registration tax paid to the credit of the transferee
22.24 	unless the registration stickers are surrendered to the
22.25 	commissioner before the first day of the new registration period.
22.26 	(c) When seeking to become the owner by gift, trade, or
22.27 	purchase of any vehicle for which a registration certificate has
22.28 	been issued under this chapter, a person shall join with the
22.29 	registered owner in transmitting with the application for
22.30 	transfer of ownership,the registration certificate, with the
22.31 	assignment and notice of sale duly executed upon the reverse
22.32 	side, or,.
22.33 	(d) In case of loss of the title or certificate of
22.34 	registration of a vehicle not subject to section 325E.15, the
22.35 	person shall make application to the commissioner with proof of
22.36 	loss by sworn statement, in writing, and satisfactory to the
23.1 	registrar of the title as specified in section 168A.09 and
23.2 	assign a notice of sale of the vehicle on the application for
23.3 	title as specified in section 168A.04.
23.4 	(e) Upon the transfer of any motor vehicle by a
23.5 	manufacturer or dealer, for use within the state, whether by
23.6 	sale, lease, or otherwise, the manufacturer or dealer transferor 
23.7 	shall, within ten days after the transfer, file with the
23.8 	registrar commissioner (1) a notice or report containing the
23.9 	date of transfer, a description of the motor vehicle, and the
23.10 	transferee's name, street and number of residence, if in a city,
23.11 	and post office residence address in the state or if not a
23.12 	natural person then the transferee's business and mailing
23.13 	address, and shall also transmit with it (2) the transferee's
23.14 	application for registration.

23.15 	Sec. 33. Minnesota Statutes 2004, section 168.16, is
23.16 	amended to read:
23.17 	168.16  REGISTRATION TAX REFUND; APPROPRIATION.
23.18 	(a) After the registration tax upon any motor vehicle has
23.19 	been paid for any year registration period, refund must be made
23.20 	for errors made in computing the registration tax or fees and
23.21 	for the error on the part of an owner who may in error have
23.22 	registered a motor vehicle that was not before, nor at the time
23.23 	of registration, nor at any time thereafter during the current
23.24 	past year preceding registration period, subject to registration 
23.25 	tax in this state as provided by section 168.012.
23.26 	(b) Unless otherwise provided in this chapter, a claim for
23.27 	a refund of an overpayment of registration tax must be filed
23.28 	within 3-1/2 years from the date of payment.
23.29 	The refund must be made from any fund in possession of the
23.30 	registrar and deducted from the registrar's monthly report to
23.31 	the commissioner of finance.  A detailed report of the refund
23.32 	must accompany the report.
23.33 	(c) The former registered owner of a transferred vehicle,
23.34 	by an assignment in writing endorsed upon the registration
23.35 	certificate and delivered to the registrar commissioner within
23.36 	the time provided in this subdivision, shall assign, except for
24.1 	vehicles registered under section 168.187, to the new owner the
24.2 	right to have the tax paid by the former registered owner
24.3 	accredited to the new owner who duly registers the vehicle
24.4 	unless the registration stickers are surrendered to the
24.5 	commissioner before the first day of the new registration period.
24.6 	(d) Any owner at is entitled to a refund of the unused
24.7 	portion of the registration tax paid on the owner's vehicle upon
24.8 	filing a claim, verified by the commissioner, if the time of
24.9 	such occurrence, whose vehicle is:
24.10 	(1) declared by an insurance company to be a total loss due
24.11 	to flood or tornado damage,permanently destroyed,due to
24.12 	accident, fire, or an act of God as defined in section 115B.02;
24.13 	or
24.14 	(2) sold to the federal government, the state, or a
24.15 	political subdivision of the state, shall upon filing a verified
24.16 	claim be entitled to a refund of the unused portion of the tax
24.17 	paid upon the vehicle, computed as follows:.
24.18 	(1) if the vehicle is registered under the calendar year
24.19 	system of registration, the refund is computed pro rata by the
24.20 	month, 1/12 of the annual tax paid for each month of the year
24.21 	remaining after the month in which the plates and certificate
24.22 	were returned to the registrar;
24.23 	(2) if the vehicle is registered under the monthly series
24.24 	system of registration, the amount of 
24.25 	(e) The refund is must be equal to the sum of the amounts
24.26 	of the license fee remaining registration tax attributable to
24.27 	those months remaining in for the licensing registration period
24.28 	after the month in which the plates and certificate of
24.29 	registration or title were returned to the registrar 
24.30 	commissioner.
24.31 	(b) (f) There is hereby appropriated to the persons
24.32 	entitled to a refund, from the fund or account in the state
24.33 	treasury to which the money was credited, an amount sufficient
24.34 	to make the refund and payment.

24.35 	Sec. 34. Minnesota Statutes 2004, section 168.185, is
24.36 	amended to read:
25.1 	168.185 USDOT NUMBERS.
25.2 	(a) An owner of a truck or truck-tractor having a gross
25.3 	vehicle weight of more than 10,000 pounds, as defined in section
25.4 	169.01, subdivision 46, other than a farm truck that is not used
25.5 	in interstate commerce, shall report to the registrar at the
25.6 	time of registration its USDOT carrier number.  A person subject
25.7 	to this paragraph who does not have a USDOT number shall apply
25.8 	for the number at the time of registration by completing a form
25.9 	MCS-150 Motor Carrier Identification Report, issued by the
25.10 	Federal Motor Carrier Safety Administration, or comparable
25.11 	document as determined by the registrar. The registrar shall
25.12 	not assign a USDOT carrier number to a vehicle owner who is not
25.13 	subject to this paragraph.
25.14 	(b) Assigned USDOT numbers need not be displayed on the
25.15 	outside of the vehicle, but must be made available upon request
25.16 	of an authorized agent of the registrar, peace officer, other
25.17 	employees of the State Patrol authorized in chapter 299D, or
25.18 	employees of the Minnesota Department of Transportation.  The
25.19 	vehicle owner shall notify the registrar if there is a change to
25.20 	the owner's USDOT number.
25.21 	(c) If an owner fails to report or apply for a USDOT
25.22 	number, the registrar shall suspend the owner's registration.
25.23 	(d) Until October 1, 2003, paragraphs (a) to (c) do not
25.24 	apply to an agricultural fertilizer or agricultural chemical
25.25 	retailer while exclusively engaged in delivering fertilizer or
25.26 	agricultural chemicals to a farmer for on-farm use.

25.27 	Sec. 35. Minnesota Statutes 2004, section 168.27, is
25.28 	amended by adding a subdivision to read:
25.29 		Subd. 28.E85 label. A licensed motor vehicle dealer who
25.30 	offers for sale a vehicle that may be operated on E85 fuel,
25.31 	within the meaning of section 296A.01, subdivision 19, must
25.32 	affix to the vehicle a temporary label on the window or
25.33 	windshield that identifies the automobile as capable of
25.34 	operating on E85.  The label must bear a logo approved by the
25.35 	commissioner of commerce.

25.36 	Sec. 36. Minnesota Statutes 2004, section 168.31,
26.1 	subdivision 5, is amended to read:
26.2 		Subd. 5.Refund.  For the annual registration tax paid on
26.3 	any vehicle before the calendar year registration period for
26.4 	which that tax was assessed, the owner of the vehicle who paid
26.5 	the tax shall be is entitled to full refund if such vehicle is
26.6 	permanently destroyed or removed from the state before the
26.7 	calendar year for which the tax was paid or if it is not used at
26.8 	all during the calendar year for which the tax was paid, and the
26.9 	owner makes affidavit concerning the nonuse as provided by
26.10 	section 168.012the registration stickers are surrendered before
26.11 	the first day of the new registration period.

26.12 	Sec. 37. Minnesota Statutes 2004, section 168.346, is
26.13 	amended to read:
26.14 	168.346 PRIVACY OF NAME OR RESIDENCE ADDRESS PERSONAL
26.15 	INFORMATION.
26.16 	(a) The registered owner of a motor vehicle may request in
26.17 	writing that the owner's residence address or name and residence
26.18 	address be classified as private data on individuals, as defined
26.19 	in section 13.02, subdivision 12.  The commissioner shall grant
26.20 	the classification upon receipt of a signed statement by the
26.21 	owner that the classification is required for the safety of the
26.22 	owner or the owner's family, if the statement also provides a
26.23 	valid, existing address where the owner consents to receive
26.24 	service of process.  The commissioner shall use the mailing
26.25 	address in place of the residence address in all documents and
26.26 	notices pertaining to the motor vehicle.  The residence address
26.27 	or name and residence address and any information provided in
26.28 	the classification request, other than the mailing address, are
26.29 	private data on individuals and may be provided to requesting
26.30 	law enforcement agencies, probation and parole agencies, and
26.31 	public authorities, as defined in section 518.54, subdivision
26.32 	9.Subdivision 1.[VEHICLE REGISTRATION DATA; FEDERAL
26.33 	COMPLIANCE.] (a) Data on an individual provided to register a
26.34 	vehicle is classified as provided by United States Code, title
26.35 	18, section 2721, subsection (a).
26.36 	(b) An individual The registered owner of a motor vehicle
27.1 	must be informed in a clear and conspicuous manner on the forms
27.2 	for issuance or renewal of titles and registrations, that the
27.3 	owner's personal information who is an individual may be
27.4 	disclosed consent in writing to the commissioner to disclose the
27.5 	individual's personal information exempted by United States
27.6 	Code, title 18, section 2721, subsection (a),to any person who
27.7 	makes a written request for the personal information, and that,
27.8 	except for uses permitted by United States Code, title 18,
27.9 	section 2721, subsection (b),.  If the registered owner may
27.10 	prohibit disclosure of the personal information by so indicating
27.11 	on the form is an individual and so authorizes disclosure, the
27.12 	commissioner shall implement the request. For purposes of this
27.13 	paragraph, access by requesters making requests described in
27.14 	section 168.345, subdivision 4, is deemed to be related to
27.15 	public safety.
27.16 	(c) At the time of registration or renewal,If authorized
27.17 	by the individual registered owner of a motor vehicle must also
27.18 	be informed in a clear and conspicuous manner on forms that as
27.19 	indicated in paragraph (b),the registered owner's personal
27.20 	information may be used, rented, or sold solely for bulk
27.21 	distribution by organizations for business purposes including
27.22 	surveys, marketing, and or solicitation. The commissioner shall
27.23 	implement methods and procedures that enable the registered
27.24 	owner to request that bulk surveys, marketing, or solicitation
27.25 	not be directed to the owner.  If the registered owner so
27.26 	requests, the commissioner shall implement the request in a
27.27 	timely manner and the personal information may not be so used.
27.28 	(d) Subd. 2.[PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
27.29 	SAFETY.] The commissioner shall disclose personal information
27.30 	when the use is related to the operation or use of a motor 
27.31 	vehicle or to public safety.  The use of personal information is
27.32 	related to public safety if it concerns the physical safety or
27.33 	security of drivers, vehicles, pedestrians, or property.  The
27.34 	commissioner may refuse to disclose data under this paragraph 
27.35 	subdivision when the commissioner concludes that the requester
27.36 	is likely to use the data for illegal, improper, or
28.1 	noninvestigative purposes.
28.2 	(e) To the extent permitted by United States Code, title
28.3 	18, section 2721, data on individuals provided to register a
28.4 	motor vehicle is public data on individuals and shall be
28.5 	disclosed as permitted by United States Code, title 18, section
28.6 	2721, subsection (b).Subd. 3.[PRIVACY CLASSIFICATION FOR
28.7 	PERSONAL SAFETY.] The registered owner of a vehicle who is an
28.8 	individual may request, in writing, that the registered owner's
28.9 	residence address or name and residence address be classified as
28.10 	"private data on individuals," as defined in section 13.02,
28.11 	subdivision 12.  The commissioner shall grant the classification
28.12 	on receipt of a signed statement by the registered owner that
28.13 	the classification is required for the safety of the registered
28.14 	owner or the registered owner's family, if the statement also
28.15 	provides a valid, existing address where the registered owner
28.16 	consents to receive service of process.  The commissioner shall
28.17 	use the service of process mailing address in place of the
28.18 	registered owner's residence address in all documents and
28.19 	notices pertaining to the vehicle.  The residence address or
28.20 	name and residence address and any information provided in the
28.21 	classification request, other than the individual's service for
28.22 	process mailing address, are private data on individuals but may
28.23 	be provided to requesting law enforcement agencies, probation
28.24 	and parole agencies, and public authorities, as defined in
28.25 	section 518.54, subdivision 9.

28.26 	Sec. 38. Minnesota Statutes 2004, section 168A.04, is
28.27 	amended by adding a subdivision to read:
28.28 		Subd. 2a.Alternate mailing address. If the United
28.29 	States Postal Service will not deliver mail to the residence
28.30 	address of a registered owner who is an individual as listed on
28.31 	the title application, then the registered owner must provide
28.32 	verification from the United States Postal Service that mail
28.33 	will not be delivered to the registered owner's residence
28.34 	address and that mail will be delivered to a specified alternate
28.35 	mailing address.  When an applicant provides an alternate
28.36 	mailing address under this subdivision, the commissioner shall
29.1 	use the alternate mailing address in lieu of the residence
29.2 	address for all notices and mailings to the registered owner.

29.3 	Sec. 39. Minnesota Statutes 2004, section 168A.20, is
29.4 	amended by adding a subdivision to read:
29.5 		Subd. 5.Satisfaction of automobile lien seven years old;
29.6 	release. (a) A security interest perfected under this chapter
29.7 	expires seven years from the perfection date for a passenger
29.8 	automobile, as defined in section 168.011, subdivision 7.
29.9 	(b) A lien holder may notify the department in writing or
29.10 	in a format approved by the department during the sixth year of
29.11 	the lien, no later than 90 days in advance of the seven-year
29.12 	anniversary, if the lien will not be satisfied during this
29.13 	registration period and the lien must be extended up to seven
29.14 	additional years as requested by the lien holder.

29.15 	Sec. 40. Minnesota Statutes 2004, section 169.01, is
29.16 	amended by adding a subdivision to read:
29.17 		Subd. 4c.Motorized foot scooter. "Motorized foot
29.18 	scooter" means a device with no more than two ten-inch or
29.19 	smaller diameter wheels that has handlebars, is designed to be
29.20 	stood or sat upon by the operator, and is powered by an internal
29.21 	combustion engine or electric motor that is capable of
29.22 	propelling the device with or without human propulsion.  An
29.23 	electric personal assistive mobility device, a motorized
29.24 	bicycle, an electric-assisted bicycle, or a motorcycle is not a
29.25 	motorized foot scooter.

29.26 	Sec. 41. Minnesota Statutes 2004, section 169.01,
29.27 	subdivision 75, is amended to read:
29.28 		Subd. 75.Commercial motor vehicle.  (a) "Commercial
29.29 	motor vehicle" means a motor vehicle or combination of motor
29.30 	vehicles used to transport passengers or property if the motor
29.31 	vehicle:
29.32 	(1) has a gross vehicle weight of more than 26,000 pounds;
29.33 	(2) has a towed unit with a gross vehicle weight of more
29.34 	than 10,000 pounds and the combination of vehicles has a
29.35 	combined gross vehicle weight of more than 26,000 pounds;
29.36 	(3) is a bus;
30.1 	(4) is of any size and is used in the transportation of
30.2 	hazardous materials, except for those vehicles having a gross
30.3 	vehicle weight of 26,000 pounds or less while carrying in bulk
30.4 	tanks a total of not more than 200 gallons of petroleum products
30.5 	and liquid fertilizer that are required to be placarded under
30.6 	Code of Federal Regulations, title 49, parts 100-185; or
30.7 	(5) is outwardly equipped and identified as a school bus,
30.8 	except for type A-I and type III school buses as defined in
30.9 	subdivision 6.
30.10 	(b) For purposes of chapter 169A:
30.11 	(1) a commercial motor vehicle does not include a farm
30.12 	truck, fire-fighting equipment,an authorized emergency vehicle,
30.13 	or a recreational equipment vehicle being operated by a person
30.14 	within the scope of section 171.02, subdivision 2, paragraph
30.15 	(b); and
30.16 	(2) a commercial motor vehicle includes a vehicle capable
30.17 	of or designed to meet the standards described in paragraph (a),
30.18 	clause (2), whether or not the towed unit is attached to the
30.19 	truck-tractor at the time of the violation or stop.
30.20 	
EFFECTIVE DATE. This section is effective the day
30.21 	following final enactment.

30.22 	Sec. 42. Minnesota Statutes 2004, section 169.01,
30.23 	subdivision 76, is amended to read:
30.24 		Subd. 76.Hazardous materials.  "Hazardous materials"
30.25 	means those materials found to be hazardous for the purposes of
30.26 	the federal Hazardous Materials Transportation Act and that
30.27 	require the motor vehicle to be placarded under Code of Federal
30.28 	Regulations, title 49, part 172, subpart F parts 100-185.

30.29 	Sec. 43. Minnesota Statutes 2004, section 169.01,
30.30 	subdivision 81, is amended to read:
30.31 		Subd. 81.Residential roadway.  "Residential roadway"
30.32 	means a street or portion of a street that is less than one-half
30.33 	mile in length and is functionally classified as a local street
30.34 	by the road authority having jurisdiction.

30.35 	Sec. 44. Minnesota Statutes 2004, section 169.01, is
30.36 	amended by adding a subdivision to read:
31.1 		Subd. 91.School zone. "School zone" means that section
31.2 	of a street or highway that abuts the grounds of a school where
31.3 	children have access to the street or highway from the school
31.4 	property or where an established school crossing is located;
31.5 	provided, the school advance sign prescribed by the Manual on
31.6 	Uniform Traffic Control Devices adopted by the commissioner of
31.7 	transportation pursuant to section 169.06 is in place.  All
31.8 	signs erected by local authorities to designate speed limits in
31.9 	school zones must conform to the Manual on Uniform Traffic
31.10 	Control Devices.

31.11 	Sec. 45. Minnesota Statutes 2004, section 169.06,
31.12 	subdivision 5, is amended to read:
31.13 		Subd. 5.Traffic-control signal.  (a) Whenever traffic is
31.14 	controlled by traffic-control signals exhibiting different
31.15 	colored lights, or colored lighted arrows, successively one at a
31.16 	time or in combination, only the colors Green, Red, and Yellow
31.17 	shall be used, except for special pedestrian signals carrying a
31.18 	word or legend, and said .  The traffic-control signal lights
31.19 	shall or colored lighted arrows indicate and apply to drivers of
31.20 	vehicles and pedestrians as follows:
31.21 	(1) Green indication:
31.22 	(i) Vehicular traffic facing a circular green signal may
31.23 	proceed straight through or turn right or left unless a sign at
31.24 	such place prohibits either such turn.  But vehicular traffic,
31.25 	including vehicles turning right or left, shall yield the
31.26 	right-of-way to other vehicles and to pedestrians lawfully
31.27 	within the intersection or adjacent crosswalk at the time such 
31.28 	this signal is exhibited.
31.29 	(ii) Vehicular traffic facing a green arrow signal, shown
31.30 	alone or in combination with another indication, may cautiously
31.31 	enter the intersection only to make the movement indicated by
31.32 	such the arrow, or such other movement as is permitted by other
31.33 	indications shown at the same time.  Such vehicular traffic
31.34 	shall yield the right-of-way to pedestrians lawfully within an
31.35 	adjacent crosswalk and to other traffic lawfully using the
31.36 	intersection.
32.1 	(iii) Unless otherwise directed by a pedestrian-control
32.2 	signal as provided in subdivision 6, pedestrians facing any
32.3 	green signal, except when the sole green signal is a turn arrow,
32.4 	may proceed across the roadway within any marked or unmarked
32.5 	crosswalk. Every driver of a vehicle shall yield the
32.6 	right-of-way to such pedestrian, except that the pedestrian
32.7 	shall yield the right-of-way to vehicles lawfully within the
32.8 	intersection at the time that the green signal indication is
32.9 	first shown.
32.10 	(2) Steady yellow indication:
32.11 	(i) Vehicular traffic facing a circular yellow signal is
32.12 	thereby warned that the related green movement is being
32.13 	terminated or that a red indication will be exhibited
32.14 	immediately thereafter when vehicular traffic shall must not
32.15 	enter the intersection, except for the continued movement
32.16 	allowed by any green arrow indication simultaneously exhibited.
32.17 	(ii) Pedestrians facing a circular yellow signal, unless
32.18 	otherwise directed by a pedestrian-control signal as provided in
32.19 	subdivision 6, are thereby advised that there is insufficient
32.20 	time to cross the roadway before a red indication is shown and
32.21 	no pedestrian shall then start to cross the roadway.
32.22 	(iii) Vehicular traffic facing a steady yellow arrow signal
32.23 	is thereby warned that the protected vehicular movement
32.24 	permitted by the corresponding prior green arrow indication is
32.25 	being terminated.
32.26 	(3) Steady red indication:
32.27 	(i) Vehicular traffic facing a circular red signal alone
32.28 	shall must stop at a clearly marked stop line,but,if none,
32.29 	before entering the crosswalk on the near side of the
32.30 	intersection,or,if none, then before entering the intersection
32.31 	and shall remain standing until a green indication is shown,
32.32 	except as follows:  (A) the driver of a vehicle which is stopped
32.33 	as close as practicable at the entrance to the crosswalk on the
32.34 	near side of the intersection or, if none, then at the entrance
32.35 	to the intersection in obedience to a red or stop signal, and
32.36 	with the intention of making a right turn may make such the 
33.1 	right turn, after stopping, unless an official sign has been
33.2 	erected prohibiting such movement, but shall yield the
33.3 	right-of-way to pedestrians and other traffic lawfully
33.4 	proceeding as directed by the signal at said that intersection;
33.5 	or (B) the driver of a vehicle on a one-way street which
33.6 	intersects intersecting another one-way street on which traffic
33.7 	moves to the left shall stop in obedience to a red or stop
33.8 	signal and may then make a left turn into said the one-way
33.9 	street, unless an official sign has been erected prohibiting the
33.10 	movement, but shall yield the right-of-way to pedestrians and
33.11 	other traffic lawfully proceeding as directed by the signal at
33.12 	said that intersection; or (C) the driver of a vehicle on a
33.13 	metered ramp may proceed without stopping despite a red signal
33.14 	when there are no other vehicles on the ramp or on any
33.15 	intersecting ramp, and no vehicle passed the meter during the
33.16 	previous green signal.
33.17 	(ii) Unless otherwise directed by a pedestrian-control
33.18 	signal as provided in subdivision 6, pedestrians facing a steady
33.19 	red signal alone shall not enter the roadway.
33.20 	(iii) Vehicular traffic facing a steady red arrow signal,
33.21 	with the intention of making a movement indicated by the arrow,
33.22 	shall must stop at a clearly marked stop line,but,if none,
33.23 	before entering the crosswalk on the near side of the
33.24 	intersection,or,if none, then before entering the intersection
33.25 	and shall must remain standing until a permissive signal
33.26 	indication permitting the movement indicated by the red arrow is
33.27 	displayed, except as follows:  when an official sign has been
33.28 	erected permitting a turn on a red arrow signal, the vehicular
33.29 	traffic facing a red arrow signal indication is permitted to
33.30 	enter the intersection to turn right, or to turn left from a
33.31 	one-way street into a one-way street on which traffic moves to
33.32 	the left, after stopping, but must yield the right-of-way to
33.33 	pedestrians and other traffic lawfully proceeding as directed by
33.34 	the signal at that intersection.
33.35 	(b) In the event an official traffic-control signal is
33.36 	erected and maintained at a place other than an intersection,
34.1 	the provisions of this section are applicable except those which
34.2 	can have no application.  Any stop required shall must be made
34.3 	at a sign or marking on the pavement indicating where the
34.4 	stop shall must be made, but in the absence of any such sign or
34.5 	marking the stop shall must be made at the signal.
34.6 	(c) When a traffic-control signal indication or indications
34.7 	placed to control a certain movement or lane are so identified
34.8 	by placing a sign near the indication or indications, no other
34.9 	traffic-control signal indication or indications within the
34.10 	intersection shall control controls vehicular traffic for
34.11 	such that movement or lane.

34.12 	Sec. 46. Minnesota Statutes 2004, section 169.06, is
34.13 	amended by adding a subdivision to read:
34.14 		Subd. 5b.Possession of override device. (a) For
34.15 	purposes of this subdivision, "traffic signal-override device"
34.16 	means a device mounted in a motor vehicle that permits
34.17 	activation of a traffic signal-override system described in
34.18 	subdivision 5a.
34.19 	(b) No person may operate a motor vehicle that contains a
34.20 	traffic signal-override device, other than:
34.21 	(1) an authorized emergency vehicle described in section
34.22 	169.01, subdivision 5, clause (1), (2), or (3);
34.23 	(2) a signal maintenance vehicle of a road authority; or 
34.24 	(3) a vehicle authorized to contain such a device by order
34.25 	of the commissioner of public safety, including, but not limited
34.26 	to, a vehicle engaged in providing regular-route public transit.
34.27 	(c) No person may possess a traffic signal-override device,
34.28 	other than:
34.29 	(1) a person authorized to operate a vehicle described in
34.30 	paragraph (b), but only for use in such a vehicle;
34.31 	(2) a person authorized by a road authority to perform
34.32 	signal maintenance, while engaged in such maintenance; or 
34.33 	(3) a person authorized by order of the commissioner of
34.34 	public safety to possess such a device, but only to the extent
34.35 	authorized in the order.
34.36 	(d) A violation of this subdivision is a misdemeanor.

35.1 	Sec. 47. Minnesota Statutes 2004, section 169.06,
35.2 	subdivision 6, is amended to read:
35.3 		Subd. 6.Pedestrian control signal.  (a) Whenever special
35.4 	pedestrian-control signals exhibiting the words "Walk" or "Don't
35.5 	Walk" or symbols of a "walking person" or "upraised hand" are in
35.6 	place such , the signals shall or symbols indicate as follows:
35.7 	(1) A steady "Walk," flashing or steady.  Pedestrians 
35.8 	signal or the symbol of a "walking person" indicates that a
35.9 	pedestrian facing such either of these signals may proceed
35.10 	across the roadway in the direction of the signal, possibly in
35.11 	conflict with turning vehicles. Every driver of a vehicle shall
35.12 	yield the right-of-way to such pedestrian except that the
35.13 	pedestrian shall yield the right-of-way to vehicles lawfully
35.14 	within the intersection at the time that either signal
35.15 	indication is first shown.
35.16 	(2) A "Don't Walk," signal or the symbol of an "upraised
35.17 	hand," flashing or steady.  No , indicates that a pedestrian
35.18 	shall not start to cross the roadway in the direction of such
35.19 	signals either signal, but any pedestrian who has partially
35.20 	crossed on the "Walk" or "walking person" signal indication 
35.21 	shall proceed to a sidewalk or safety island while the "Don't
35.22 	Walk" signal is showing.
35.23 	(b) A pedestrian crossing a roadway in conformity with this
35.24 	section is lawfully within the intersection and, when in a
35.25 	crosswalk, is lawfully within the crosswalk.

35.26 	Sec. 48. Minnesota Statutes 2004, section 169.09,
35.27 	subdivision 1, is amended to read:
35.28 		Subdivision 1.Driver to stop for accident with
35.29 	person individual.  The driver of any motor vehicle involved in
35.30 	an accident resulting in immediately demonstrable bodily injury
35.31 	to or death of any person individual shall immediately stop the
35.32 	vehicle at the scene of the accident, or as close to the scene
35.33 	as possible,but shall then return to and in every event,shall
35.34 	remain at,the scene of the accident,until the driver has
35.35 	fulfilled the requirements of this chapter section as to the
35.36 	giving of information.  The stop shall must be made without
36.1 	unnecessarily obstructing traffic.

36.2 	Sec. 49. Minnesota Statutes 2004, section 169.09,
36.3 	subdivision 2, is amended to read:
36.4 		Subd. 2.Driver to stop for accident to property.  The
36.5 	driver of any motor vehicle involved in an accident to a vehicle
36.6 	which is driven or attended by any person individual shall
36.7 	immediately stop such the motor vehicle at the scene of such the 
36.8 	accident, or as close thereto to the accident as possible,but
36.9 	shall forthwith return to,and in every event shall remain at,
36.10 	the scene of the accident,until the driver has fulfilled the
36.11 	requirements of this chapter section as to the giving of
36.12 	information. Every such The stop shall must be made without
36.13 	unnecessarily obstructing traffic more than is necessary.

36.14 	Sec. 50. Minnesota Statutes 2004, section 169.09,
36.15 	subdivision 3, is amended to read:
36.16 		Subd. 3.Driver to give information.  (a) The driver of
36.17 	any motor vehicle involved in an accident resulting in bodily
36.18 	injury to or death of any person individual, or damage to any
36.19 	vehicle which is driven or attended by any person individual,
36.20 	shall stop and give the driver's name, address, and date of
36.21 	birth and the registration plate number of the vehicle being
36.22 	driven, and .  The driver shall, upon request and if available,
36.23 	exhibit the driver's license or permit to drive to the person 
36.24 	individual struck or the driver or occupant of or person 
36.25 	individual attending any vehicle collided with.  The driver also
36.26 	shall give the information and upon request exhibit the license
36.27 	or permit to any police peace officer at the scene of the
36.28 	accident or who is investigating the accident.  The driver shall
36.29 	render reasonable assistance to any person individual injured in
36.30 	the accident.
36.31 	(b) If not given at the scene of the accident, the driver,
36.32 	within 72 hours thereafter after the accident, shall give upon ,
36.33 	on request to any person individual involved in the accident or
36.34 	to a peace officer investigating the accident,the name and
36.35 	address of the insurer providing automobile vehicle liability
36.36 	insurance coverage, and the local insurance agent for the
37.1 	insurer.

37.2 	Sec. 51. Minnesota Statutes 2004, section 169.09,
37.3 	subdivision 4, is amended to read:
37.4 		Subd. 4.Collision with unattended vehicle.  The driver
37.5 	of any motor vehicle which that collides with and damages any
37.6 	vehicle which that is unattended shall immediately stop and
37.7 	either locate and notify the driver or owner of the vehicle of
37.8 	the name and address of the driver and registered owner of the
37.9 	vehicle striking the unattended vehicle, shall report the this 
37.10 	same information to a police peace officer, or shall leave in a
37.11 	conspicuous place in or secured to the vehicle struck,a written
37.12 	notice giving the name and address of the driver and of
37.13 	the registered owner of the vehicle doing the striking.

37.14 	Sec. 52. Minnesota Statutes 2004, section 169.09,
37.15 	subdivision 5, is amended to read:
37.16 		Subd. 5.Notify owner of damaged property.  The driver of
37.17 	any vehicle involved in an accident resulting only in damage to
37.18 	fixtures legally upon or adjacent to a highway shall take
37.19 	reasonable steps to locate and notify the owner or person in
37.20 	charge of such the property of such that fact and ,of the
37.21 	driver's name and address,and of the registration plate number
37.22 	of the vehicle being driven and shall, upon request and if
37.23 	available, exhibit the driver's or chauffeur's license, and make
37.24 	report of such the accident in every case.  The report shall 
37.25 	must be made in the same manner as a report made pursuant to
37.26 	subdivision 7.

37.27 	Sec. 53. Minnesota Statutes 2004, section 169.09,
37.28 	subdivision 6, is amended to read:
37.29 		Subd. 6.notify police notice of personal injury.  The
37.30 	driver of a vehicle involved in an accident resulting in bodily
37.31 	injury to or death of any person individual shall, after
37.32 	compliance with the provisions of this section,and by the
37.33 	quickest means of communication, give notice of the accident to
37.34 	the local police department,if the accident occurs within a
37.35 	municipality, or to a State Patrol officer if the accident
37.36 	occurs on a trunk highway, or to the office of the sheriff of
38.1 	the county.

38.2 	Sec. 54. Minnesota Statutes 2004, section 169.09,
38.3 	subdivision 7, is amended to read:
38.4 		Subd. 7.Accident report to commissioner. (a) The driver
38.5 	of a vehicle involved in an accident resulting in bodily injury
38.6 	to or death of any person individual or total property damage to
38.7 	an apparent extent of $1,000 or more, shall forward a written
38.8 	report of the accident to the commissioner of public safety
38.9 	within ten days thereof of the accident.  On the required
38.10 	report, the driver shall provide the commissioner with the name
38.11 	and policy number of the insurer providing vehicle
38.12 	liability insurance coverage at the time of the accident.
38.13 	(b) On determining that the original report of any driver
38.14 	of a vehicle involved in an accident of which report must be
38.15 	made as provided in this section is insufficient, the
38.16 	commissioner of public safety may require the driver to file
38.17 	supplementary reports information.

38.18 	Sec. 55. Minnesota Statutes 2004, section 169.09,
38.19 	subdivision 8, is amended to read:
38.20 		Subd. 8.Officer to report accident to commissioner.
 38.21 	A law enforcement peace officer who, in the regular course of
38.22 	duty, investigates a motor vehicle an accident that must be
38.23 	reported under this section shall, within ten days after the
38.24 	date of the accident, forward an electronic or written report of
38.25 	the accident to as prescribed by the commissioner of public
38.26 	safety.

38.27 	Sec. 56. Minnesota Statutes 2004, section 169.09,
38.28 	subdivision 9, is amended to read:
38.29 		Subd. 9.Accident report forms format.  The Department 
38.30 	commissioner of public safety shall prepare electronic or
38.31 	written forms prescribe the format for the accident reports
38.32 	required under this section.  Upon request the
38.33 	department commissioner shall supply make available the forms 
38.34 	format to police departments, coroners, sheriffs, garages, and
38.35 	other suitable agencies or individuals. The forms must be
38.36 	appropriate with respect to the persons required to make the
39.1 	reports and the purposes to be served.The electronic or
39.2 	written report forms to be completed by persons individuals 
39.3 	involved in accidents and by investigating peace officers
39.4 	must call for sufficiently detailed information to disclose with
39.5 	reference to a traffic accident the causes, existing conditions
39.6 	then existing, and the persons individuals and vehicles involved.

39.7 	Sec. 57. Minnesota Statutes 2004, section 169.09,
39.8 	subdivision 11, is amended to read:
39.9 		Subd. 11.Coroner to report death.  Every coroner or
39.10 	other official performing like functions shall report in writing
39.11 	to the Department commissioner of public safety the death of any
39.12 	person individual within the coroner's jurisdiction as the
39.13 	result of an accident involving a motor vehicle and the
39.14 	circumstances of the accident.  The report shall must be made
39.15 	within 15 days after the death.
39.16 	In the case of drivers killed in motor vehicle accidents
39.17 	and of the death of pedestrians 16 years of age or older, who
39.18 	die within four hours after an accident, the coroner or other
39.19 	official performing like functions shall examine the body and
39.20 	shall make tests as are necessary to determine the presence and
39.21 	percentage concentration of alcohol, and drugs if feasible, in
39.22 	the blood of the victim.  This information shall must be
39.23 	included in each report submitted pursuant to the provisions of
39.24 	this subdivision and shall be tabulated on a monthly basis by
39.25 	the Department commissioner of public safety.  This information
39.26 	may be used only for statistical purposes which that do not
39.27 	reveal the identity of the deceased.

39.28 	Sec. 58. Minnesota Statutes 2004, section 169.09,
39.29 	subdivision 12, is amended to read:
39.30 		Subd. 12.Garage to report bullet damage.  The
39.31 	person individual in charge of any garage or repair shop to
39.32 	which is brought any motor vehicle which that shows evidence of
39.33 	having been struck by any bullet shall immediately report to the
39.34 	local police or sheriff and to the commissioner of public safety
39.35 	within 24 hours after such motor the vehicle is received, giving
39.36 	the engine number if any, registration plate number,and the
40.1 	name and address of the registered owner or operator of such the 
40.2 	vehicle.

40.3 	Sec. 59. Minnesota Statutes 2004, section 169.09,
40.4 	subdivision 14, is amended to read:
40.5 		Subd. 14.Penalties.  (a) The driver of any vehicle who
40.6 	violates subdivision 1 or 6 and who did not cause the accident
40.7 	is punishable as follows:
40.8 	(1) if the accident results in the death of any person 
40.9 	individual, the driver is guilty of a felony and may be
40.10 	sentenced to imprisonment for not more than three years, or to
40.11 	payment of a fine of not more than $5,000, or both;
40.12 	(2) if the accident results in great bodily harm to any
40.13 	person individual, as defined in section 609.02, subdivision 8,
40.14 	the driver is guilty of a felony and may be sentenced to
40.15 	imprisonment for not more than two years, or to payment of a
40.16 	fine of not more than $4,000, or both; or
40.17 	(3) if the accident results in substantial bodily harm to
40.18 	any person individual, as defined in section 609.02, subdivision
40.19 	7a, the driver may be sentenced to imprisonment for not more
40.20 	than one year, or to payment of a fine of not more than $3,000,
40.21 	or both.
40.22 	(b) The driver of any vehicle involved in an accident not
40.23 	resulting in substantial bodily harm or death who violates
40.24 	subdivision 1 or 6 may be sentenced to imprisonment for not more
40.25 	than one year, or to payment of a fine of not more than $3,000,
40.26 	or both.
40.27 	(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
40.28 	10,11, or 12 is guilty of a misdemeanor.
40.29 	(d) The attorney in the jurisdiction in which the violation
40.30 	occurred who is responsible for prosecution of misdemeanor
40.31 	violations of this section shall also be responsible for
40.32 	prosecution of gross misdemeanor violations of this section.

40.33 	Sec. 60. Minnesota Statutes 2004, section 169.09, is
40.34 	amended by adding a subdivision to read:
40.35 		Subd. 14a.Violation; penalty for owner or lessee. (a)
40.36 	If a motor vehicle is operated in violation of subdivision 1, 2,
41.1 	3, 4, 5, 6, 7, or 10, the owner of the vehicle, or for a leased
41.2 	motor vehicle the lessee of the vehicle, is guilty of a petty
41.3 	misdemeanor.
41.4 	(b) The owner or lessee may not be fined under paragraph
41.5 	(a) if (1) another person is convicted for that violation or (2)
41.6 	the motor vehicle was stolen at the time of the violation.
41.7 	(c) Paragraph (a) does not apply to a lessor of a motor
41.8 	vehicle if the lessor keeps a record of the name and address of
41.9 	the lessee.
41.10 	(d) Paragraph (a) does not prohibit or limit the
41.11 	prosecution of a motor vehicle operator for violating
41.12 	subdivision 1, 2, 3, 4, 5, 6, 7, or 10.
41.13 	(e) A violation under paragraph (a) does not constitute
41.14 	grounds for revocation or suspension of the owner's or lessee's
41.15 	driver's license.
41.16 	
EFFECTIVE DATE. This section is effective August 1, 2005,
41.17 	and applies to offenses committed on or after that date.

41.18 	Sec. 61. Minnesota Statutes 2004, section 169.09,
41.19 	subdivision 15, is amended to read:
41.20 		Subd. 15.Defense.  It is an affirmative defense to
41.21 	prosecution under subdivisions 1, 2, and 6 that the driver left
41.22 	the scene of the accident to take any person individual 
41.23 	suffering immediately demonstrable bodily injury in the accident
41.24 	to receive emergency medical care if the driver of the involved
41.25 	vehicle gives notice to a law enforcement agency as required by
41.26 	subdivision 6 as soon as reasonably feasible after the emergency
41.27 	medical care has been undertaken.

41.28 	Sec. 62. Minnesota Statutes 2004, section 169.09, is
41.29 	amended by adding a subdivision to read:
41.30 		Subd. 16.Commissioner as agent for service of
41.31 	process. The use and operation by a resident of this state or
41.32 	the resident's agent, or by a nonresident or the nonresident's
41.33 	agent, of a motor vehicle within the state of Minnesota, is
41.34 	deemed an irrevocable appointment by the resident if absent from
41.35 	this state continuously for six months or more following an
41.36 	accident, or by the nonresident at any time, of the commissioner
42.1 	of public safety to be the resident's or nonresident's true and
42.2 	lawful attorney upon whom may be served all legal process in any
42.3 	action or proceeding against the resident or nonresident or the
42.4 	executor, administrator, or personal representative of the
42.5 	resident or nonresident growing out of the use and operation of
42.6 	a motor vehicle within this state, resulting in damages or loss
42.7 	to person or property, whether the damage or loss occurs on a
42.8 	highway or on abutting public or private property.  This
42.9 	appointment is binding upon the nonresident's executor,
42.10 	administrator, or personal representative.  The use or operation
42.11 	of a motor vehicle by the resident or nonresident is a
42.12 	signification of agreement that any process in any action
42.13 	against the resident or nonresident or executor, administrator,
42.14 	or personal representative of the resident or nonresident that
42.15 	is so served has the same legal force and validity as if served
42.16 	upon the resident or nonresident personally or on the executor,
42.17 	administrator, or personal representative of the resident or
42.18 	nonresident.  Service of process must be made by serving a copy
42.19 	thereof upon the commissioner or by filing a copy in the
42.20 	commissioner's office, together with payment of a fee of $20,
42.21 	and is deemed sufficient service upon the absent resident or the
42.22 	nonresident or the executor, administrator, or personal
42.23 	representative of the resident or nonresident; provided that,
42.24 	notice of service and a copy of the process are within ten days
42.25 	thereafter sent by mail by the plaintiff to the defendant at the
42.26 	defendant's last known address and that the plaintiff's
42.27 	affidavit of compliance with the provisions of this chapter is
42.28 	attached to the summons.

42.29 	Sec. 63. Minnesota Statutes 2004, section 169.09, is
42.30 	amended by adding a subdivision to read:
42.31 		Subd. 17.Continuance of court proceeding; costs. The
42.32 	court in which the action is pending may order a continuance as
42.33 	may be necessary to afford the defendant reasonable opportunity
42.34 	to defend the action, not exceeding 90 days from the date of
42.35 	filing of the action in that court.  The fee of $20 paid by the
42.36 	plaintiff to the commissioner at the time of service of the
43.1 	proceedings must be taxed in the plaintiff's cost if the
43.2 	plaintiff prevails in the suit.  The commissioner shall keep a
43.3 	record of all processes so served, which must show the day and
43.4 	hour of service.

43.5 	Sec. 64. Minnesota Statutes 2004, section 169.14, is
43.6 	amended by adding a subdivision to read:
43.7 		Subd. 1a.License revocation. The driver's license of a
43.8 	person who violates any speed limit established in this section,
43.9 	by driving in excess of 100 miles per hour, is revoked for six
43.10 	months under section 171.17, or for a longer minimum period of
43.11 	time applicable under section 169A.53, 169A.54, or 171.174.

43.12 	Sec. 65. Minnesota Statutes 2004, section 169.14,
43.13 	subdivision 2, is amended to read:
43.14 		Subd. 2.Speed limits.  (a) Where no special hazard
43.15 	exists the following speeds shall be lawful, but any speeds in
43.16 	excess of such limits shall be prima facie evidence that the
43.17 	speed is not reasonable or prudent and that it is unlawful;
43.18 	except that the speed limit within any municipality shall be a
43.19 	maximum limit and any speed in excess thereof shall be unlawful:
43.20 	(1) 30 miles per hour in an urban district or on a town
43.21 	road in a rural residential district;
43.22 	(2) 65 miles per hour on noninterstate freeways and
43.23 	expressways, as defined in section 160.02, subdivision 19;
43.24 	(3) 55 miles per hour in locations other than those
43.25 	specified in this section;
43.26 	(4) 70 miles per hour on interstate highways outside the
43.27 	limits of any urbanized area with a population of greater than
43.28 	50,000 as defined by order of the commissioner of
43.29 	transportation;
43.30 	(5) 65 miles per hour on interstate highways inside the
43.31 	limits of any urbanized area with a population of greater than
43.32 	50,000 as defined by order of the commissioner of
43.33 	transportation;
43.34 	(6) ten miles per hour in alleys; and
43.35 	(7) 25 miles per hour in residential roadways if adopted by
43.36 	the road authority having jurisdiction over the residential
44.1 	roadway 25 miles per hour in school zones.
44.2 	(b) A speed limit adopted under paragraph (a), clause (7),
44.3 	is not effective unless the road authority has erected signs
44.4 	designating the speed limit and indicating the beginning and end
44.5 	of the residential roadway on which the speed limit applies.
44.6 	(c) For purposes of this subdivision, "rural residential
44.7 	district" means the territory contiguous to and including any
44.8 	town road within a subdivision or plat of land that is built up
44.9 	with dwelling houses at intervals of less than 300 feet for a
44.10 	distance of one-quarter mile or more.
44.11 	(c) Notwithstanding section 609.0331 or 609.101 or other
44.12 	law to the contrary, a person who violates a speed limit
44.13 	established in this subdivision, or a speed limit designated on
44.14 	an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by
44.15 	driving 20 miles per hour or more in excess of the applicable
44.16 	speed limit, is assessed an additional surcharge equal to the
44.17 	amount of the fine imposed for the speed violation, but not less
44.18 	than $25.

44.19 	Sec. 66. Minnesota Statutes 2004, section 169.14,
44.20 	subdivision 4, is amended to read:
44.21 		Subd. 4.Establishment of zones by commissioner. Except
44.22 	as provided in subdivision 5a,on determining upon the basis of
44.23 	an engineering and traffic investigation that any speed set
44.24 	forth in this section is greater or less than is reasonable or
44.25 	safe under the conditions found to exist on any trunk highway or
44.26 	upon any part thereof, the commissioner may erect appropriate
44.27 	signs designating a reasonable and safe speed limit thereat,
44.28 	which speed limit shall be becomes effective when such the signs
44.29 	are erected there.  Any speeds speed in excess of such these 
44.30 	limits shall be is prima facie evidence that the speed is not
44.31 	reasonable or prudent and that it is unlawful; except that any
44.32 	speed limit within any municipality shall be or within any
44.33 	school zone is a maximum limit and any speed in excess thereof
44.34 	shall be of that limit is unlawful.  On determining upon that
44.35 	basis that a part of the trunk highway system outside a
44.36 	municipality should be a zone of maximum speed limit, the
45.1 	commissioner may establish that part as such a zone by erecting
45.2 	appropriate signs showing the beginning and end of the zone,
45.3 	designating a reasonable and safe speed therefor, which may be
45.4 	different than the speed set forth in this section, and that it
45.5 	is a zone of maximum speed limit.  The speed so designated by
45.6 	the commissioner within any such zone shall be is a maximum
45.7 	speed limit, and speed in excess of such that limit shall be is 
45.8 	unlawful.  The commissioner may in the same manner from time to
45.9 	time alter the boundary of such a zone and the speed limit
45.10 	therein or eliminate such the zone.

45.11 	Sec. 67. Minnesota Statutes 2004, section 169.14,
45.12 	subdivision 5, is amended to read:
45.13 		Subd. 5.Zoning within local area. Except as otherwise
45.14 	provided in subdivision 5f for residential roadways,when local
45.15 	authorities believe that the existing speed limit upon any
45.16 	street or highway, or part thereof, within their respective
45.17 	jurisdictions and not a part of the trunk highway system is
45.18 	greater or less than is reasonable or safe under existing
45.19 	conditions, they may request the commissioner to authorize, upon
45.20 	the basis of an engineering and traffic investigation, the
45.21 	erection of appropriate signs designating what speed is
45.22 	reasonable and safe, and the commissioner may authorize the
45.23 	erection of appropriate signs designating a reasonable and safe
45.24 	speed limit thereat, which speed limit shall be effective when
45.25 	such signs are erected.  Any speeds in excess of these speed
45.26 	limits shall be prima facie evidence that the speed is not
45.27 	reasonable or prudent and that it is unlawful; except that any
45.28 	speed limit within any municipality shall be a maximum limit and
45.29 	any speed in excess thereof shall be unlawful.  Alteration of
45.30 	speed limits on streets and highways shall be made only upon
45.31 	authority of the commissioner except as provided in subdivision
45.32 	5a.

45.33 	Sec. 68. Minnesota Statutes 2004, section 169.14,
45.34 	subdivision 5a, is amended to read:
45.35 		Subd. 5a.Speed zoning in school zone; surcharge.  (a) A 
45.36 	local authorities authority, with the agreement of a school
46.1 	board or nonpublic school administration,may establish a school 
46.2 	speed limit that is less than 25 miles per hour within a school
46.3 	zone of a public or nonpublic school upon the basis of an
46.4 	engineering and traffic investigation as prescribed by the
46.5 	commissioner of transportation located on a street or highway
46.6 	within the jurisdiction of the local authority.  The
46.7 	establishment of a school speed limit that is more than or less
46.8 	than 25 miles per hour on any trunk highway shall must be with
46.9 	the consent by agreement of the commissioner of transportation
46.10 	with the school board or, in the case of a nonpublic school,
46.11 	with the school's administrator. Such School speed limits shall
46.12 	be are in effect when children are present, going to or leaving
46.13 	school during opening or closing hours or during school recess
46.14 	periods. The school speed limit shall not be lower than 15
46.15 	miles per hour and shall not be more than 30 miles per hour
46.16 	below the established speed limit on an affected street or
46.17 	highway.
46.18 	(b) The school speed limit shall be becomes effective upon
46.19 	the erection of appropriate signs designating the speed and
46.20 	indicating the beginning and end of the reduced speed zone.  Any
46.21 	speed in excess of such the posted school speed limit is
46.22 	unlawful. All such These signs shall must be erected by the
46.23 	local authorities on those streets and highways under their
46.24 	respective jurisdictions and by the commissioner of
46.25 	transportation on trunk highways.
46.26 	(c) For the purpose of this subdivision, "school zone"
46.27 	means that section of a street or highway which abuts the
46.28 	grounds of a school where children have access to the street or
46.29 	highway from the school property or where an established school
46.30 	crossing is located provided the school advance sign prescribed
46.31 	by the manual on uniform traffic control devices adopted by the
46.32 	commissioner of transportation pursuant to section 169.06 is in
46.33 	place.  All signs erected by local authorities to designate
46.34 	speed limits in school zones shall conform to the Manual on
46.35 	Uniform Control Devices.
46.36 	(d) Notwithstanding section 609.0331 or 609.101 or other
47.1 	law to the contrary, a person who violates a speed limit
47.2 	established under this subdivision is assessed an additional
47.3 	surcharge equal to the amount of the fine imposed for the
47.4 	violation, but not less than $25.

47.5 	Sec. 69. Minnesota Statutes 2004, section 169.14, is
47.6 	amended by adding a subdivision to read:
47.7 		Subd. 5f.Residential roadway zoning. When a road
47.8 	authority believes that the existing speed limit upon any
47.9 	residential roadway, or part thereof, within its jurisdiction,
47.10 	is greater than is reasonable or safe under existing conditions,
47.11 	it may:
47.12 	(1) adopt a speed limit of 25 miles per hour; or 
47.13 	(2) establish and adopt a speed limit that is reasonable
47.14 	and safe, taking into account the results of an engineering and
47.15 	traffic investigation conducted by the road authority.
47.16 	The speed limit on the residential roadway is effective
47.17 	when the road authority erects appropriate signs designating the
47.18 	speed limit and indicating the beginning and end of the portion
47.19 	of the residential roadway to which the speed limit applies.
47.20 	Any speed in excess of this speed limit is prima facie evidence
47.21 	that the speed is not reasonable and prudent and that it is
47.22 	unlawful; except that any speed limit within any municipality
47.23 	shall be a maximum limit and any speed in excess of the speed
47.24 	limit is unlawful.

47.25 	Sec. 70. [169.225] MOTORIZED FOOT SCOOTER.
47.26 		Subdivision 1.Application of traffic laws. Every person
47.27 	operating a motorized foot scooter shall have all rights and
47.28 	duties applicable to the operator of a bicycle, except in
47.29 	respect to those provisions relating expressly to motorized foot
47.30 	scooters and in respect to those provisions of law that by their
47.31 	nature cannot reasonably be applied to motorized foot scooters.
47.32 		Subd. 2.Sidewalk and passenger prohibition. No person
47.33 	may operate a motorized foot scooter upon a sidewalk, except
47.34 	when necessary to enter or leave adjacent property.  No person
47.35 	may operate a motorized foot scooter that is carrying any person
47.36 	other than the operator.
48.1 		Subd. 3.Minimum age for operator. No person under the
48.2 	age of 12 years may operate a motorized foot scooter.
48.3 		Subd. 4.Protective headgear. No person under the age of
48.4 	18 years may operate a motorized foot scooter without wearing
48.5 	properly fitted and fastened protective headgear that complies
48.6 	with standards established by the commissioner of public safety.
48.7 		Subd. 5.Required lighting equipment. A motorized foot
48.8 	scooter must be equipped with a headlight and a taillight that
48.9 	comply with standards established by the commissioner of public
48.10 	safety if the vehicle is operated under conditions when vehicle
48.11 	lights are required by law.
48.12 		Subd. 6.Operation requirements and prohibitions. (a) A
48.13 	person operating a motorized foot scooter on a roadway shall
48.14 	ride as close as practicable to the right-hand curb or edge of
48.15 	the roadway, except in the following situations:
48.16 	(1) when overtaking and passing another vehicle proceeding
48.17 	in the same direction;
48.18 	(2) when preparing for a left turn, in which case the
48.19 	operator shall stop and dismount at the right-hand curb or right
48.20 	edge of the roadway, and shall complete the turn by crossing the
48.21 	roadway on foot, subject to restrictions placed by law on
48.22 	pedestrians; or 
48.23 	(3) when reasonably necessary to avoid impediments or
48.24 	conditions that make it unsafe to continue along the right-hand
48.25 	curb or edge, including, but not limited to, fixed or moving
48.26 	objects, vehicles, bicycles, pedestrians, animals, surface
48.27 	hazards, or narrow lanes.
48.28 	(b) A person may operate a motorized foot scooter on a
48.29 	bicycle path, bicycle lane, bicycle trail, or bikeway that is
48.30 	not reserved for the exclusive use of nonmotorized traffic,
48.31 	unless the local authority or governing body having jurisdiction
48.32 	over that path, lane, trail, or bikeway prohibits operation by
48.33 	law.

48.34 	Sec. 71. Minnesota Statutes 2004, section 169.28,
48.35 	subdivision 2, is amended to read:
48.36 		Subd. 2.Exempt crossing.  (a) The commissioner may
49.1 	designate a crossing as an exempt crossing if the crossing is:
49.2 	(1) if the crossing is on a rail line on which service has
49.3 	been abandoned; or 
49.4 	(2) if the crossing is on a rail line that carries fewer
49.5 	than five trains each year, traveling at speeds of ten miles per
49.6 	hour or less; or 
49.7 	(3) as agreed to by the operating railroad and the
49.8 	Department of Transportation, following a diagnostic review of
49.9 	the crossing.
49.10 	(b) The commissioner shall direct the railroad to erect at
49.11 	the crossing signs bearing the word "Exempt" that conform to
49.12 	section 169.06.  The installation or presence of an exempt sign
49.13 	does not relieve a driver of the duty to use due care.  A train
49.14 	must not proceed across an exempt crossing unless a police
49.15 	officer is present to direct traffic or a railroad employee is
49.16 	on the ground to warn traffic until the train enters the
49.17 	crossing.
49.18 	(c) A vehicle that must stop at grade crossings under
49.19 	subdivision 1 is not required to stop at a marked exempt
49.20 	crossing unless directed otherwise by a police officer or a
49.21 	railroad employee.

49.22 	Sec. 72. Minnesota Statutes 2004, section 169.345,
49.23 	subdivision 1, is amended to read:
49.24 		Subdivision 1.Scope of privilege.  (a) Except as
49.25 	provided to the contrary in paragraph (c) or (d),a vehicle that
49.26 	prominently displays the certificate authorized by this section
49.27 	or that bears license plates issued under section 168.021, may
49.28 	be parked by or solely for the benefit of a physically disabled
49.29 	person:
49.30 	(1) in a designated parking space for disabled persons, as
49.31 	provided in section 169.346;
49.32 	(2) in a metered parking space without obligation to pay
49.33 	the meter fee and without time restrictions unless time
49.34 	restrictions are separately posted on official signs; and
49.35 	(3) without time restrictions in a nonmetered space where
49.36 	parking is otherwise allowed for passenger vehicles but
50.1 	restricted to a maximum period of time and which does not
50.2 	specifically prohibit the exercise of disabled parking
50.3 	privileges in that space.
50.4 	A person may park a vehicle for a physically disabled person in
50.5 	a parking space described in clause (1) or (2) only when
50.6 	actually transporting the physically disabled person for the
50.7 	sole benefit of that person and when the parking space is within
50.8 	a reasonable distance from the drop-off point.
50.9 	(b) For purposes of this subdivision, a certificate is
50.10 	prominently displayed if it is displayed so that it may be
50.11 	viewed from the front and rear of the vehicle by hanging it from
50.12 	the rearview mirror attached to the front windshield of the
50.13 	vehicle, section 169.71, subdivision 1, to the contrary
50.14 	notwithstanding.  If there is no rearview mirror or if the
50.15 	certificate holder's disability precludes placing the
50.16 	certificate on the mirror, the placard must be displayed on the
50.17 	dashboard on the driver's side of the vehicle.  No part of the
50.18 	certificate may be obscured.
50.19 	(c) Notwithstanding paragraph (a), clauses (1), (2), and
50.20 	(3), this section does not permit parking in areas prohibited by
50.21 	sections section 169.32 and or 169.34, in designated no parking
50.22 	spaces, in designated "van permit only" disability parking
50.23 	spaces without the sticker issued under paragraph (d),or in
50.24 	parking spaces reserved for other specified purposes or
50.25 	vehicles.  A local governmental unit may, by ordinance, prohibit
50.26 	parking on any street or highway to create a fire lane, or to
50.27 	accommodate heavy traffic during morning and afternoon rush
50.28 	hours and these ordinances also apply to physically disabled
50.29 	persons.
50.30 	(d) In addition to the parking authority granted under
50.31 	paragraph (a), a motor vehicle displaying a special
50.32 	purple-on-white label or sticker in the top corner of the
50.33 	windshield on the driver's side, which is used exclusively by a
50.34 	physically disabled person requiring extra space alongside the
50.35 	vehicle for a wheelchair or similar conveyance when accessing or
50.36 	leaving the vehicle, and only that motor vehicle, may be parked
51.1 	by or solely for the benefit of that person in a parking space
51.2 	for disabled persons designated as "van permit only."  The
51.3 	commissioner of public safety, after consultation with the state
51.4 	Council on Disability, shall design this special purple-on-white
51.5 	label or sticker for issuance to disabled persons whom the
51.6 	commissioner considers eligible to use "van permit only" parking
51.7 	spaces.
51.8 	[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
51.9 	VIOLATOR.]This section is effective August 1, 2005, for
51.10 	handicapped parking offenses committed on or after that date;
51.11 	except that, from August 1, 2005, through July 31, 2006, a
51.12 	physically disabled person who parks a vehicle and does not
51.13 	violate Minnesota Statutes, section 169.346, subdivision 1,
51.14 	paragraph (a), clause (3), but does violate Minnesota Statutes,
51.15 	section 169.346, subdivision 1, paragraph (b), as amended by
51.16 	this act, must be issued only a warning citation accompanied by
51.17 	an information brochure about the offense.

51.18 	Sec. 73. Minnesota Statutes 2004, section 169.346,
51.19 	subdivision 1, is amended to read:
51.20 		Subdivision 1.Disability parking space prohibitions.
 51.21 	(a) A person shall not:
51.22 	(1) park a motor vehicle in or obstruct access to a parking
51.23 	space designated and reserved for the physically disabled, on
51.24 	either private or public property;
51.25 	(2) park a motor vehicle in or obstruct access to an area
51.26 	designated by a local governmental unit as a transfer zone for
51.27 	disabled persons;
51.28 	(3) exercise the parking privilege provided in section
51.29 	169.345, unless:
51.30 	(i) that person is a physically disabled person as defined
51.31 	in section 169.345, subdivision 2, or the person is transporting
51.32 	or parking a vehicle for a physically disabled person; and
51.33 	(ii) the vehicle visibly displays one of the following:  a
51.34 	license plate issued under section 168.021, a certificate issued
51.35 	under section 169.345, a temporary permit valid for 30 days
51.36 	issued under section 168.021 or 169.345, or an equivalent
52.1 	certificate, insignia, or license plate issued by another state,
52.2 	a foreign country, or one of its political subdivisions; or
52.3 	(4) park a motor vehicle in an area used as a regular route
52.4 	transit stopping point where a transit vehicle that is
52.5 	accessible to the physically disabled regularly stops and a sign
52.6 	that bears the international symbol of access in white on blue
52.7 	is posted.  A sign posted under this clause may display other
52.8 	information relating to the regular route transit service.  For
52.9 	purposes of this clause, an area used as a regular route transit
52.10 	stopping point consists of the 80 feet immediately preceding the
52.11 	sign described in this clause.
52.12 	(b) A person, whether disabled or not, shall not park a
52.13 	motor vehicle that is not displaying the special purple-on-white
52.14 	label or sticker issued under section 169.345, subdivision 1,
52.15 	paragraph (d), in a parking space designated as "van permit
52.16 	only."  A person who violates this paragraph is guilty of a
52.17 	misdemeanor and subject to a penalty under subdivision 3.
52.18 	[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
52.19 	VIOLATOR.]This section is effective August 1, 2005, for
52.20 	handicapped parking offenses committed on or after that date;
52.21 	except that, from August 1, 2005, through July 31, 2006, a
52.22 	physically disabled person who parks a vehicle and does not
52.23 	violate Minnesota Statutes, section 169.346, subdivision 1,
52.24 	paragraph (a), clause (3), but does violate Minnesota Statutes,
52.25 	section 169.346, subdivision 1, paragraph (b), as amended by
52.26 	this act, must be issued only a warning citation accompanied by
52.27 	an information brochure about the offense.

52.28 	Sec. 74. Minnesota Statutes 2004, section 169.346,
52.29 	subdivision 2, is amended to read:
52.30 		Subd. 2.Disability parking space signs.  (a) Parking
52.31 	spaces reserved for physically disabled persons must be
52.32 	designated and identified by the posting of signs incorporating
52.33 	the international symbol of access in white on blue and
52.34 	indicating that violators are subject to a fine of up to $200.
52.35 	(b) Parking spaces reserved only for physically disabled
52.36 	persons operating or being transported in motor vehicles that
53.1 	display the special purple-on-white label or sticker affixed to
53.2 	the van's windshield in the top corner on the driver's side,
53.3 	must be designated and identified with an additional
53.4 	purple-on-white "van permit only" sign attached to the signs
53.5 	described in paragraph (a).
53.6 	(c) These parking spaces are reserved for disabled persons
53.7 	with vehicles displaying the required certificate, license
53.8 	plates, temporary permit valid for 30 days, or insignia and, for
53.9 	motor vehicles parking in "van permit only" spaces, displaying
53.10 	the special purple-on-white label or sticker. Signs sold 
53.11 	(d) After August 1, 1991 2005, signs posted for parking
53.12 	spaces reserved for physically disabled persons in parking areas
53.13 	or lots providing more than 100 total parking spaces must
53.14 	conform to the design requirements in this paragraph paragraphs
53.15 	(a) and (b); except that a "van accessible" sign sold before
53.16 	August 2, 2005, conforms to this subdivision if the owner
53.17 	attaches a purple-on-white label or sticker that reads "van
53.18 	permit only" and that completely covers the words "van
53.19 	accessible."  The owner of a parking lot or area consisting of
53.20 	100 or fewer total parking spaces is not required to provide a
53.21 	parking space designated as "van permit only" but shall continue
53.22 	to provide any "van accessible" spaces provided before August 2,
53.23 	2005.
53.24 	(b) (e) For purposes of this subdivision, a parking space
53.25 	that is clearly identified as reserved for physically disabled
53.26 	persons by a permanently posted sign that does not meet all
53.27 	design standards, is considered designated and reserved for
53.28 	physically disabled persons.  A sign posted for the purpose of
53.29 	this section must be visible from inside a vehicle parked in the
53.30 	space, be kept clear of snow or other obstructions which block
53.31 	its visibility, and be nonmovable or only movable by authorized
53.32 	persons.
53.33 	[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
53.34 	VIOLATOR.]This section is effective August 1, 2005, for
53.35 	handicapped parking offenses committed on or after that date;
53.36 	except that, from August 1, 2005, through July 31, 2006, a
54.1 	physically disabled person who parks a vehicle and does not
54.2 	violate Minnesota Statutes, section 169.346, subdivision 1,
54.3 	paragraph (a), clause (3), but does violate Minnesota Statutes,
54.4 	section 169.346, subdivision 1, paragraph (b), as amended by
54.5 	this act, must be issued only a warning citation accompanied by
54.6 	an information brochure about the offense.

54.7 	Sec. 75. Minnesota Statutes 2004, section 169.448, is
54.8 	amended by adding a subdivision to read:
54.9 		Subd. 4.Day activity center buses. Notwithstanding
54.10 	subdivision 1, a vehicle used to transport adults to and from a
54.11 	day activity center may be equipped with prewarning flashing
54.12 	amber signals and a stop-signal arm, and the operator of the
54.13 	vehicle may activate this equipment, under the following
54.14 	circumstances:
54.15 	(1) the operator possesses a commercial driver's license
54.16 	with a school bus endorsement;
54.17 	(2) the vehicle is engaged in picking up or dropping off
54.18 	adults at locations predesignated by the day activity center
54.19 	that owns or leases the bus;
54.20 	(3) the vehicle is identified as a "day activity center
54.21 	bus" in letters at least eight inches high on the front and rear
54.22 	top of the bus; and 
54.23 	(4) the name, address, and telephone number of the owner
54.24 	and operator of the bus is identified on each front door of the
54.25 	bus in letters not less than three inches high.
54.26 	The provisions of section 169.444 relating to duties of
54.27 	care of a motorist to a school bus, and violations thereof,
54.28 	apply to a vehicle described in this section when the vehicle is
54.29 	operated in conformity with this subdivision.  The provisions of
54.30 	section 169.443 relating to bus driver's duties apply to a
54.31 	vehicle described in this section except those that by their
54.32 	nature have no application.

54.33 	Sec. 76. [169.472] USE OF MOBILE TELEPHONES.
54.34 		Subdivision 1.Prohibition. No person may operate a
54.35 	cellular or wireless telephone, whether handheld or hands free,
54.36 	while operating a bus, while the bus is in motion.
55.1 		Subd. 2.Defense. It is an affirmative defense against a
55.2 	charge of violating subdivision 1 for a person to produce
55.3 	evidence that the mobile telephone was used for the purpose of
55.4 	contacting the following in response to an emergency:
55.5 	(1) a 911 or other emergency telephone number;
55.6 	(2) a hospital, clinic, or doctor's office;
55.7 	(3) an ambulance service provider;
55.8 	(4) a fire department or law enforcement agency; or 
55.9 	(5) a first aid squad.

55.10 	Sec. 77. Minnesota Statutes 2004, section 169.522, is
55.11 	amended to read:
55.12 	169.522 SLOW-MOVING VEHICLE, SIGN REQUIRED.
55.13 		Subdivision 1.Displaying emblem; rules. (a) All
55.14 	animal-drawn vehicles, motorized golf carts when operated on
55.15 	designated roadways pursuant to section 169.045, implements of
55.16 	husbandry, and other machinery, including all road construction
55.17 	machinery, which are designed for operation at a speed of 30
55.18 	miles per hour or less shall , must display a triangular
55.19 	slow-moving vehicle emblem, except (1) when being used in actual
55.20 	construction and maintenance work and traveling within the
55.21 	limits of a construction area which is marked in accordance with
55.22 	requirements of the Manual on Uniform Traffic Control Devices,
55.23 	as set forth in section 169.06, or (2) for a towed implement of
55.24 	husbandry that is empty and that is not self-propelled, in which
55.25 	case it may be towed at lawful speeds greater than 30 miles per
55.26 	hour without removing the slow-moving vehicle emblem.  The
55.27 	emblem shall must consist of a fluorescent yellow-orange or
55.28 	illuminated red-orange triangle with a dark red reflective
55.29 	border and be mounted so as to be visible from a distance of not
55.30 	less than 600 feet to the rear.  When a primary power unit
55.31 	towing an implement of husbandry or other machinery displays a
55.32 	slow-moving vehicle emblem visible from a distance of 600 feet
55.33 	to the rear, it shall is not be necessary to display a similar
55.34 	emblem on the secondary unit. After January 1, 1975,All
55.35 	slow-moving vehicle emblems sold in this state shall must be so
55.36 	designed that when properly mounted they are visible from a
56.1 	distance of not less than 600 feet to the rear when directly in
56.2 	front of lawful lower beam of headlamps on a motor vehicle.  The
56.3 	commissioner of public safety shall adopt standards and
56.4 	specifications for the design and position of mounting the
56.5 	slow-moving vehicle emblem.  Such standards and
56.6 	specifications shall must be adopted by rule in accordance with
56.7 	the Administrative Procedure Act. A violation of this section
56.8 	shall not be admissible evidence in any civil cause of action
56.9 	arising prior to January 1, 1970.
56.10 	(b) An alternate slow-moving vehicle emblem consisting of a
56.11 	dull black triangle with a white reflective border may be used
56.12 	after obtaining a permit from the commissioner under rules of
56.13 	the commissioner.  A person with a permit to use an alternate
56.14 	slow-moving vehicle emblem must:
56.15 	(1) carry in the vehicle a regular slow-moving vehicle
56.16 	emblem and display the emblem when operating a vehicle between
56.17 	sunset and sunrise, and at any other time when visibility is
56.18 	impaired by weather, smoke, fog, or other conditions; and
56.19 	(2) permanently affix to the rear of the slow-moving
56.20 	vehicle at least 72 square inches of reflective tape that
56.21 	reflects the color red.
56.22 		Subd. 2.Prohibition on use. The use of this emblem
56.23 	shall be is restricted to the slow-moving vehicles specified in
56.24 	subdivision 1 and its use on any other type of vehicle or
56.25 	stationary object on the highway is prohibited.
56.26 		Subd. 3.Display required. No person shall sell, lease,
56.27 	rent, or operate any slow-moving vehicle, as defined in
56.28 	subdivision 1, except motorized golf carts and except those
56.29 	units designed to be completely mounted on a primary power unit,
56.30 	which is manufactured or assembled on or after July 1, 1967,
56.31 	unless such the vehicle is equipped with a slow-moving vehicle
56.32 	emblem-mounting device as specified in subdivision 1.  Provided
56.33 	however, no a slow-moving vehicle shall must not be operated
56.34 	without such slow-moving vehicle emblem after January 1, 1968.

56.35 	Sec. 78. Minnesota Statutes 2004, section 169.685,
56.36 	subdivision 5, is amended to read:
57.1 		Subd. 5.Violation; petty misdemeanor.  (a) Every motor
57.2 	vehicle operator, when transporting a child under the age of
57.3 	four nine and weighing less than 80 pounds on the streets and
57.4 	highways of this state in a motor vehicle equipped with
57.5 	factory-installed seat belts, shall equip and install for use in
57.6 	the motor vehicle, according to the manufacturer's instructions,
57.7 	a child passenger restraint system meeting federal motor vehicle
57.8 	safety standards.
57.9 	(b) No motor vehicle operator who is operating a motor
57.10 	vehicle on the streets and highways of this state may transport
57.11 	a child under the age of four nine and weighing less than 80
57.12 	pounds in a seat of a motor vehicle equipped with a
57.13 	factory-installed seat belt, unless the child is properly
57.14 	fastened in the child passenger restraint system. The driver of
57.15 	a vehicle shall additionally restrain children under the age of
57.16 	nine as follows:
57.17 	(1) a child less than one year of age weighing less than 20
57.18 	pounds must be properly restrained in a rear-facing child
57.19 	restraint system;
57.20 	(2) a child under the age of nine and weighing 80 pounds or
57.21 	more must be restrained in a properly adjusted seat belt system;
57.22 	(3) a child under the age of nine must sit in the back seat
57.23 	unless the vehicle has no forward-facing back seat, all seating
57.24 	positions in the back are being used by children under the age
57.25 	of nine, or the child restraint cannot be installed properly in
57.26 	the back seat; and 
57.27 	(4) a child under the age of nine and weighing 40 pounds or
57.28 	more may wear a lap-only seat belt in the rear seat if there are
57.29 	no shoulder belts in the back seat or if all of the shoulder
57.30 	belts in the back seat are being used by children weighing 40
57.31 	pounds or more and under the age of 16.
57.32 	(c) An operator of a pickup truck or sports utility vehicle
57.33 	who transports a child under the age of nine shall transport the
57.34 	child within the vehicle's passenger compartment.
57.35 	(d) Any motor vehicle operator who violates this
57.36 	subdivision is guilty of a petty misdemeanor and may be
58.1 	sentenced to pay a fine of not more than $50.  The fine for the
58.2 	first violation may be waived or the amount reduced if the motor
58.3 	vehicle operator produces evidence that within 14 days after the
58.4 	date of the violation a child passenger restraint system meeting
58.5 	federal motor vehicle safety standards was purchased or obtained
58.6 	for the exclusive use of the operator.
58.7 	(c) (e) The fines collected for violations of this
58.8 	subdivision must be deposited in the state treasury and credited
58.9 	to a special account to be known as the Minnesota child
58.10 	passenger restraint and education account.
58.11 	When issuing a citation for violation of this section, an
58.12 	officer shall provide to the vehicle operator written
58.13 	information identifying a source of no-cost child-restraint
58.14 	equipment for individuals in financial need, if the vehicle does
58.15 	not contain child-restraint equipment.

58.16 	Sec. 79. Minnesota Statutes 2004, section 169.685,
58.17 	subdivision 6, is amended to read:
58.18 		Subd. 6.Exceptions.  (a) This section does not apply to:
58.19 	(1) a person transporting a child in an emergency medical
58.20 	vehicle while in the performance of official duties and when the
58.21 	physical or medical needs of the child make the use of a child
58.22 	passenger restraint system unreasonable or when a child
58.23 	passenger restraint system is not available;
58.24 	(2) a peace officer transporting a child while in the
58.25 	performance of official duties and when a child passenger
58.26 	restraint system is not available, provided that a seat belt
58.27 	must be substituted; and 
58.28 	(3) a person while operating a motor vehicle for hire,
58.29 	including a taxi, airport limousine, and bus, but excluding a
58.30 	rented, leased, or borrowed motor vehicle; and 
58.31 	(4) a person while operating a type III school bus or type
58.32 	III Head Start bus, as defined in section 169.01, subdivision 6,
58.33 	paragraph (5).
58.34 	(b) A child passenger restraint system is not required for
58.35 	a child who cannot, in the judgment of a licensed physician, be
58.36 	safely transported in a child passenger restraint system because
59.1 	of a medical condition, body size, or physical disability.  A
59.2 	motor vehicle operator claiming exemption for a child under this
59.3 	paragraph must possess a typewritten statement from the
59.4 	physician stating that the child cannot be safely transported in
59.5 	a child passenger restraint system.  The statement must give the
59.6 	name and birth date of the child, be dated within the previous
59.7 	six months, and be made on the physician's letterhead or contain
59.8 	the physician's name, address, and telephone number.  A person
59.9 	charged with violating subdivision 5 may not be convicted if the
59.10 	person produces the physician's statement in court or in the
59.11 	office of the arresting officer.
59.12 	(c) A person offering a motor vehicle for rent or lease
59.13 	shall provide a child passenger restraint device to a customer
59.14 	renting or leasing the motor vehicle who requests the device.  A
59.15 	reasonable rent or fee may be charged for use of the child
59.16 	passenger restraint device.

59.17 	Sec. 80. Minnesota Statutes 2004, section 169.686,
59.18 	subdivision 1, is amended to read:
59.19 		Subdivision 1.Seat belt requirement.  (a) Except as
59.20 	provided in section 169.685, subdivision 5,a properly adjusted
59.21 	and fastened seat belt, including both the shoulder and lap belt
59.22 	when the vehicle is so equipped, shall be worn by:
59.23 	(1) the driver and passengers of a passenger vehicle or
59.24 	commercial motor vehicle;
59.25 	(2) a passenger riding in the front seat of a passenger
59.26 	vehicle or commercial motor vehicle; and 
59.27 	(3) a passenger riding in any seat of a passenger vehicle
59.28 	who is older than three but younger than 11 years of age.
59.29 	(b) A person who is 15 years of age or older and who
59.30 	violates paragraph (a), clause (1) or (2),is subject to a fine
59.31 	of $25 $50.  The driver of the passenger vehicle or commercial
59.32 	motor vehicle in which the violation occurred is subject to a
59.33 	$25 $50 fine for a violation of paragraph (a), clause (2) or
59.34 	(3),by a child of the driver passenger under the age of 15 or
59.35 	any child under the age of 11.  A peace officer may not issue a
59.36 	citation for a violation of this section unless the officer
60.1 	lawfully stopped or detained the driver of the motor vehicle for
60.2 	a moving violation other than a violation involving motor
60.3 	vehicle equipment.  The Department of Public Safety shall not
60.4 	record a violation of this subdivision on a person's driving
60.5 	record.

60.6 	Sec. 81. Minnesota Statutes 2004, section 169.71,
60.7 	subdivision 1, is amended to read:
60.8 		Subdivision 1.Prohibitions generally; exceptions. No (a)
60.9 	A person shall not drive or operate any motor vehicle with:
60.10 	(1) a windshield cracked or discolored to an extent to
60.11 	limit or obstruct proper vision, or, except for law enforcement
60.12 	vehicles, with ;
60.13 	(2) any objects suspended between the driver and the
60.14 	windshield, other than sun visors and rear vision , rearview 
60.15 	mirrors, and electronic toll-collection devices;or with 
60.16 	(3) any sign, poster, or other nontransparent material upon
60.17 	the front windshield, sidewings, or side or rear windows of such 
60.18 	the vehicle, other than a certificate or other paper required to
60.19 	be so displayed by law,or authorized by the state director of
60.20 	the Division of Emergency Management,or the commissioner of
60.21 	public safety.
60.22 	(b) Paragraph (a), clauses (2) and (3), do not apply to law
60.23 	enforcement vehicles.
60.24 	(c) Paragraph (a), clause (2), does not apply to authorized
60.25 	emergency vehicles.

60.26 	Sec. 82. Minnesota Statutes 2004, section 169.733, is
60.27 	amended to read:
60.28 	169.733 WHEEL FLAPS ON TRUCK AND TRAILER.
60.29 		Subdivision 1.Vehicles generally. Every truck,
60.30 	truck-tractor, trailer, semitrailer, pole trailer, and rear-end
60.31 	dump truck, excepting rear-end dump farm trucks and military
60.32 	vehicles of the United States, shall must be provided with wheel
60.33 	flaps or other suitable protection above and behind the rearmost
60.34 	wheels of the vehicle or combination of vehicles to prevent, as
60.35 	far as practicable, such wheels from throwing dirt, water, or
60.36 	other materials on the windshields of following vehicles which
61.1 	follow. Such The flaps or protectors shall must be at least
61.2 	as wide as the tires they are protecting and shall have a ground
61.3 	clearance of not more than one-fifth of the horizontal distance
61.4 	from the center of the rearmost axle to the flap under any
61.5 	conditions of loading or operation of the motor nine inches from
61.6 	the ground when the vehicle is empty.
61.7 		Subd. 2.Vehicle with conveyor belt. For a dump truck or
61.8 	truck with a rigid box fastened to its frame and having a
61.9 	conveyor belt or chain in the bottom of the vehicle which that 
61.10 	moves the cargo to the rear end of the vehicle, the flaps shall 
61.11 	must be mounted as far to the rear of the vehicle as practicable
61.12 	and shall have a ground clearance of not more than 18 inches
61.13 	when the vehicle is loaded.
61.14 		Subd. 3.Bottom-dump vehicle. In addition to meeting the
61.15 	requirements of subdivision 1,a bottom-dump cargo vehicle
61.16 	transporting sand, gravel, aggregate, dirt, lime rock, silica,
61.17 	or similar material must be equipped with flaps that are mounted
61.18 	to the rear of the axles, cover the entire width of the vehicle,
61.19 	and a center flap between the wheel flaps, which must have a
61.20 	ground clearance of six inches or less when the vehicle is fully
61.21 	loaded.
61.22 		Subd. 4.Alternative requirements. If the motor vehicle
61.23 	is so designed and constructed that the above requirements are
61.24 	accomplished by means of body construction or other means of
61.25 	enclosure, then no such protectors or flaps shall be are 
61.26 	required.
61.27 		Subd. 5.Extended flaps. If the rear wheels are not
61.28 	covered at the top by fenders, body or other parts of the
61.29 	vehicle, the flap or other protective means shall must be
61.30 	extended at least to a point directly above the center of the
61.31 	rearmost axle.
61.32 		Subd. 6.Lamps or wiring. Lamps or wiring shall not be
61.33 	attached to fender flaps.

61.34 	Sec. 83. Minnesota Statutes 2004, section 169.81,
61.35 	subdivision 3c, is amended to read:
61.36 		Subd. 3c.Recreational vehicle combination.
 62.1 	Notwithstanding subdivision 3, a recreational vehicle
62.2 	combination may be operated without a permit if:
62.3 	(1) the combination does not consist of more than three
62.4 	vehicles, and the towing rating of the pickup truck is equal to
62.5 	or greater than the total weight of all vehicles being towed;
62.6 	(2) the combination does not exceed 60 70 feet in length;
62.7 	(3) the camper-semitrailer middle vehicle in the
62.8 	combination does not exceed 28 feet in length;
62.9 	(4) the operator of the combination is at least 18 years of
62.10 	age;
62.11 	(5) the trailer carrying a watercraft, motorcycle,
62.12 	motorized bicycle, off-highway motorcycle, snowmobile, or
62.13 	all-terrain vehicle meets all requirements of law;
62.14 	(6) the trailers in the combination are connected to the
62.15 	pickup truck and each other in conformity with section 169.82;
62.16 	and
62.17 	(7) the combination is not operated within the seven-county
62.18 	metropolitan area, as defined in section 473.121, subdivision 2,
62.19 	during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
62.20 	p.m. on Mondays through Fridays.
62.21 	
EFFECTIVE DATE. This section is effective the day
62.22 	following final enactment.

62.23 	Sec. 84. Minnesota Statutes 2004, section 169.824,
62.24 	subdivision 2, is amended to read:
62.25 		Subd. 2.Gross vehicle weight of all axles.  (a)
62.26 	Notwithstanding the provisions of section 169.85, the gross
62.27 	vehicle weight of all axles of a vehicle or combination of
62.28 	vehicles shall not exceed:
62.29 	(1) 80,000 pounds for any vehicle or combination of
62.30 	vehicles on all state trunk highways as defined in section
62.31 	160.02, subdivision 29, and for all routes designated under
62.32 	section 169.832, subdivision 11;
62.33 	(2) 88,000 pounds for any vehicle or combination of
62.34 	vehicles with six or more axles while exclusively engaged in
62.35 	hauling livestock on all state trunk highways other than
62.36 	interstate highways, if the vehicle has a permit under section
63.1 	169.86, subdivision 5, paragraph (k);
63.2 	(3) 73,280 pounds for any vehicle or combination of
63.3 	vehicles with five axles or less on all routes, other than state
63.4 	trunk highways and routes that are designated under section
63.5 	169.832, subdivision 11, except that a vehicle needing
63.6 	reasonable access to a terminal or facilities for food, fuel,
63.7 	repairs, and rest, located within three miles of a ten-ton
63.8 	route, may not exceed 80,000 pounds.  "Terminal" means any
63.9 	location where freight either originates, terminates, or is
63.10 	handled in the transportation process, or where commercial motor
63.11 	carriers maintain operating facilities; and
63.12 	(3) (4) 80,000 pounds for any vehicle or combination of
63.13 	vehicles with six or more axles on all routes, other than state
63.14 	trunk highways and routes that are designated under section
63.15 	169.832, subdivision 11.
63.16 	(b) The maximum weights specified in this section for five
63.17 	consecutive axles shall not apply to a four-axle ready-mix
63.18 	concrete truck which was equipped with a fifth axle prior to
63.19 	June 1, 1981.  The maximum gross weight on four or fewer
63.20 	consecutive axles of vehicles excepted by this clause shall not
63.21 	exceed any maximum weight specified for four or fewer
63.22 	consecutive axles in this section.
63.23 	
EFFECTIVE DATE. The language in paragraph (a), clause
63.24 	(2), is effective August 1, 2006.

63.25 	Sec. 85. Minnesota Statutes 2004, section 169.85,
63.26 	subdivision 1, is amended to read:
63.27 		Subdivision 1.Driver to stop for weighing.  (a) The
63.28 	driver of a vehicle that has been lawfully stopped may be
63.29 	required by an officer to submit the vehicle and load to a
63.30 	weighing by means of portable or stationary scales.
63.31 	(b) In addition, the officer may require that the vehicle
63.32 	be driven to the nearest available scales, but only if:
63.33 	(1) the distance to the scales is no further than five
63.34 	miles, or if the distance from the point where the vehicle is
63.35 	stopped to the vehicle's destination is not increased by more
63.36 	than ten miles as a result of proceeding to the nearest
64.1 	available scales; and
64.2 	(2) if the vehicle is a commercial motor vehicle, no more
64.3 	than two other commercial motor vehicles are waiting to be
64.4 	inspected at the scale.
64.5 	(c) Official traffic control devices as authorized by
64.6 	section 169.06 may be used to direct the driver to the nearest
64.7 	scale.
64.8 	(d) When a truck weight enforcement operation is conducted
64.9 	by means of portable or stationary scales and ,signs giving
64.10 	notice of the operation are must be posted within the highway
64.11 	right-of-way and adjacent to the roadway within two miles of the
64.12 	operation,.The driver of a truck or combination of vehicles
64.13 	registered for or weighing in excess of 12,000 pounds shall
64.14 	proceed to the scale site and submit the vehicle to weighing and
64.15 	inspection.

64.16 	Sec. 86. Minnesota Statutes 2004, section 169.85,
64.17 	subdivision 6, is amended to read:
64.18 		Subd. 6.Officer defined.  When used in this section, the
64.19 	word "officer" means a peace officer or member of the State
64.20 	Patrol,an employee of the Department of Public Safety described
64.21 	in section 299D.06, or a peace officer or person under the
64.22 	officer's direction and control employed by a local unit of
64.23 	government who is trained in weight enforcement by the
64.24 	Department of Public Safety.

64.25 	Sec. 87. Minnesota Statutes 2004, section 169.86,
64.26 	subdivision 5, is amended to read:
64.27 		Subd. 5.Fee; proceeds deposited; appropriation.  The
64.28 	commissioner, with respect to highways under the commissioner's
64.29 	jurisdiction, may charge a fee for each permit issued.  All such
64.30 	fees for permits issued by the commissioner of transportation
64.31 	shall be deposited in the state treasury and credited to the
64.32 	trunk highway fund.  Except for those annual permits for which
64.33 	the permit fees are specified elsewhere in this chapter, the
64.34 	fees shall be:
64.35 	(a) $15 for each single trip permit.
64.36 	(b) $36 for each job permit.  A job permit may be issued
65.1 	for like loads carried on a specific route for a period not to
65.2 	exceed two months.  "Like loads" means loads of the same
65.3 	product, weight, and dimension.
65.4 	(c) $60 for an annual permit to be issued for a period not
65.5 	to exceed 12 consecutive months.  Annual permits may be issued
65.6 	for:
65.7 	(1) motor vehicles used to alleviate a temporary crisis
65.8 	adversely affecting the safety or well-being of the public;
65.9 	(2) motor vehicles which travel on interstate highways and
65.10 	carry loads authorized under subdivision 1a;
65.11 	(3) motor vehicles operating with gross weights authorized
65.12 	under section 169.826, subdivision 1a;
65.13 	(4) special pulpwood vehicles described in section 169.863;
65.14 	(5) motor vehicles bearing snowplow blades not exceeding
65.15 	ten feet in width; and
65.16 	(6) noncommercial transportation of a boat by the owner or
65.17 	user of the boat.
65.18 	(d) $120 for an oversize annual permit to be issued for a
65.19 	period not to exceed 12 consecutive months.  Annual permits may
65.20 	be issued for:
65.21 	(1) mobile cranes;
65.22 	(2) construction equipment, machinery, and supplies;
65.23 	(3) manufactured homes;
65.24 	(4) implements of husbandry when the movement is not made
65.25 	according to the provisions of paragraph (i);
65.26 	(5) double-deck buses;
65.27 	(6) commercial boat hauling; and
65.28 	(7) three-vehicle combinations consisting of two empty,
65.29 	newly manufactured trailers for cargo, horses, or livestock, not
65.30 	to exceed 28-1/2 feet per trailer; provided, however, the permit
65.31 	allows the vehicles to be moved from a trailer manufacturer to a
65.32 	trailer dealer only while operating on twin-trailer routes
65.33 	designated under section 169.81, subdivision 3, paragraph (c).
65.34 	(e) For vehicles which have axle weights exceeding the
65.35 	weight limitations of sections 169.822 to 169.829, an additional
65.36 	cost added to the fees listed above.  However, this paragraph
66.1 	applies to any vehicle described in section 168.013, subdivision
66.2 	3, paragraph (b), but only when the vehicle exceeds its gross
66.3 	weight allowance set forth in that paragraph, and then the
66.4 	additional cost is for all weight, including the allowance
66.5 	weight, in excess of the permitted maximum axle weight.  The
66.6 	additional cost is equal to the product of the distance traveled
66.7 	times the sum of the overweight axle group cost factors shown in
66.8 	the following chart:
66.9 	Overweight Axle Group Cost Factors
66.10 	Weight (pounds)         Cost Per Mile For Each Group Of:
66.11 	exceeding       Two consec-     Three consec-   Four consec-
66.12 	weight          utive axles     utive axles     utive axles
66.13 	limitations     spaced within   spaced within   spaced within
66.14 	on axles        8 feet or less  9 feet or less  14 feet or less
66.15 	     0-2,000    .12             .05             .04
66.16 	 2,001-4,000    .14             .06             .05
66.17 	 4,001-6,000    .18             .07             .06
66.18 	 6,001-8,000    .21             .09             .07
66.19 	 8,001-10,000   .26             .10             .08
66.20 	10,001-12,000   .30             .12             .09
66.21 	12,001-14,000   Not permitted   .14             .11
66.22 	14,001-16,000   Not permitted   .17             .12
66.23 	16,001-18,000   Not permitted   .19             .15
66.24 	18,001-20,000   Not permitted   Not permitted   .16
66.25 	20,001-22,000   Not permitted   Not permitted   .20
66.26 	The amounts added are rounded to the nearest cent for each axle
66.27 	or axle group.  The additional cost does not apply to paragraph
66.28 	(c), clauses (1) and (3).
66.29 	For a vehicle found to exceed the appropriate maximum permitted
66.30 	weight, a cost-per-mile fee of 22 cents per ton, or fraction of
66.31 	a ton, over the permitted maximum weight is imposed in addition
66.32 	to the normal permit fee.  Miles must be calculated based on the
66.33 	distance already traveled in the state plus the distance from
66.34 	the point of detection to a transportation loading site or
66.35 	unloading site within the state or to the point of exit from the
66.36 	state.
67.1 	(f) As an alternative to paragraph (e), an annual permit
67.2 	may be issued for overweight, or oversize and overweight,
67.3 	construction equipment, machinery, and supplies.  The fees for
67.4 	the permit are as follows:
67.5 	Gross Weight (pounds) of Vehicle          Annual Permit Fee
67.6 	     90,000 or less                             $200
67.7 	     90,001 - 100,000                           $300
67.8 	    100,001 - 110,000                           $400
67.9 	    110,001 - 120,000                           $500
67.10 	    120,001 - 130,000                           $600
67.11 	    130,001 - 140,000                           $700
67.12 	    140,001 - 145,000                           $800
67.13 	If the gross weight of the vehicle is more than 145,000 pounds
67.14 	the permit fee is determined under paragraph (e).
67.15 	(g) For vehicles which exceed the width limitations set
67.16 	forth in section 169.80 by more than 72 inches, an additional
67.17 	cost equal to $120 added to the amount in paragraph (a) when the
67.18 	permit is issued while seasonal load restrictions pursuant to
67.19 	section 169.87 are in effect.
67.20 	(h) $85 for an annual permit to be issued for a period not
67.21 	to exceed 12 months, for refuse-compactor vehicles that carry a
67.22 	gross weight of not more than:  22,000 pounds on a single rear
67.23 	axle; 38,000 pounds on a tandem rear axle; or, subject to
67.24 	section 169.828, subdivision 2, 46,000 pounds on a tridem rear
67.25 	axle.  A permit issued for up to 46,000 pounds on a tridem rear
67.26 	axle must limit the gross vehicle weight to not more than 62,000
67.27 	pounds.
67.28 	(i) For vehicles exclusively transporting implements of
67.29 	husbandry, an annual permit fee of $24.  A vehicle operated
67.30 	under a permit authorized by this paragraph may be moved at the
67.31 	discretion of the permit holder without prior route approval by
67.32 	the commissioner if:
67.33 	(1) the total width of the transporting vehicle, including
67.34 	load, does not exceed 14 feet;
67.35 	(2) the vehicle is operated only between sunrise and 30
67.36 	minutes after sunset, and is not operated at any time after
68.1 	12:00 noon on Sundays or holidays;
68.2 	(3) the vehicle is not operated when visibility is impaired
68.3 	by weather, fog, or other conditions that render persons and
68.4 	other vehicles not clearly visible at 500 feet;
68.5 	(4) the vehicle displays at the front and rear of the load
68.6 	or vehicle a pair of flashing amber lights, as provided in
68.7 	section 169.59, subdivision 4, whenever the overall width of the
68.8 	vehicle exceeds 126 inches; and
68.9 	(5) the vehicle is not operated on a trunk highway with a
68.10 	surfaced roadway width of less than 24 feet unless such
68.11 	operation is authorized by the permit.
68.12 	A permit under this paragraph authorizes movements of the
68.13 	permitted vehicle on an interstate highway, and movements of 75
68.14 	miles or more on other highways.
68.15 	(j) $300 for a motor vehicle described in section
68.16 	169.8261.  The fee under this paragraph must be deposited as
68.17 	follows:
68.18 	(1) in fiscal years 2005 through 2010:
68.19 	(i) the first $50,000 in each fiscal year must be deposited
68.20 	in the trunk highway fund for costs related to administering the
68.21 	permit program and inspecting and posting bridges;
68.22 	(ii) all remaining money in each fiscal year must be
68.23 	deposited in a bridge inspection and signing account in the
68.24 	special revenue fund.  Money in the account is appropriated to
68.25 	the commissioner for:
68.26 	(A) inspection of local bridges and identification of local
68.27 	bridges to be posted, including contracting with a consultant
68.28 	for some or all of these functions; and
68.29 	(B) erection of weight-posting signs on local bridges; and
68.30 	(2) in fiscal year 2011 and subsequent years must be
68.31 	deposited in the trunk highway fund.
68.32 	(k) $200 for an annual permit for a vehicle operating under
68.33 	authority of section 169.824, subdivision 2, paragraph (a),
68.34 	clause (2).
68.35 	
EFFECTIVE DATE. This section is effective August 1, 2006.

68.36 	Sec. 88. [169.864] SPECIAL PAPER PRODUCTS VEHICLE
69.1 	PERMIT.
69.2 		Subdivision 1.Three-unit vehicle. The commissioner may
69.3 	issue a permit for a vehicle that meets the following
69.4 	requirements:
69.5 	(1) is a combination of vehicles, including a truck-tractor
69.6 	and a semitrailer drawing one additional semitrailer, which may
69.7 	be equipped with an auxiliary dolly.  No semitrailer used in a
69.8 	three-vehicle combination may have an overall length in excess
69.9 	of 28-1/2 feet;
69.10 	(2) has a maximum gross vehicle weight of 108,000 pounds;
69.11 	(3) complies with the axle weight limits in section 169.824
69.12 	or with the federal bridge formula for axle groups not described
69.13 	in that section;
69.14 	(4) complies with the tire weight limits in section 169.823
69.15 	or the tire manufacturers' recommended load, whichever is less;
69.16 	(5) is operated only in this state on Trunk Highway marked
69.17 	2 between Grand Rapids and the port of Duluth; on Trunk Highway
69.18 	marked 169 between Grand Rapids and its junction with Trunk
69.19 	Highway marked 53; and on Trunk Highway marked 53 between
69.20 	Virginia and the port of Duluth; and 
69.21 	(6) the seasonal weight increases authorized under section
69.22 	169.826, subdivision 1, do not apply.
69.23 		Subd. 2.Two-unit vehicle. The commissioner may issue a
69.24 	permit for a vehicle that meets the following requirements:
69.25 	(1) is a combination of vehicles consisting of a
69.26 	truck-tractor and a single semitrailer that may exceed 48 feet,
69.27 	but not 53 feet if the distance from the kingpin to the
69.28 	centerline of the rear axle group of the semitrailer does not
69.29 	exceed 43 feet;
69.30 	(2) has a maximum gross vehicle weight of 90,000 pounds;
69.31 	(3) has a maximum gross vehicle weight of 98,000 pounds
69.32 	during the time when seasonal weight increases authorized under
69.33 	section 169.826, subdivision 1, are in effect;
69.34 	(4) complies with the axle weight limits in section 169.824
69.35 	or with the federal bridge formula for axle groups not described
69.36 	in that section; and 
70.1 	(5) complies with the tire weight limits in section 169.823
70.2 	or the tire manufacturers' recommended load, whichever is less.
70.3 		Subd. 3.Restrictions. Vehicles issued permits under
70.4 	subdivisions 1 and 2 must comply with the following restrictions:
70.5 	(1) the vehicle must be operated in compliance with
70.6 	seasonal load restrictions under section 169.87;
70.7 	(2) the vehicle may not be operated on the interstate
70.8 	highway system; and 
70.9 	(3) the vehicle may be operated on streets or highways
70.10 	under the control of local authorities only upon the approval of
70.11 	the local authority; however, vehicles may have reasonable
70.12 	access to terminals and facilities for food, fuel, repairs, and
70.13 	rest and for continuity of route within one mile of the national
70.14 	network as provided by section 169.81, subdivision 3, and by
70.15 	Code of Federal Regulations, title 23, part 658.19.
70.16 		Subd. 4.Permit fee. Vehicle permits issued under
70.17 	subdivision 1, clause (1), must be annual permits.  The fee is
70.18 	$850 for each vehicle and must be deposited in the trunk highway
70.19 	fund.  An amount sufficient to administer the permit program is
70.20 	appropriated to the commissioner for the costs of administering
70.21 	the permit program.
70.22 	
EFFECTIVE DATE. This section is effective the later of
70.23 	August 1, 2006, or the date on which the commissioner determines
70.24 	that building permits have been issued for the construction of a
70.25 	new pulp and paper manufacturing facility at Grand Rapids.

70.26 	Sec. 89. Minnesota Statutes 2004, section 169.87,
70.27 	subdivision 4, is amended to read:
70.28 		Subd. 4.Vehicle transporting milk.  Until June 1,
70.29 	2003 2007, a weight restriction imposed under subdivision 1 by
70.30 	the commissioner of transportation or a local road authority, or
70.31 	imposed by subdivision 2, does not apply to a vehicle
70.32 	transporting milk from the point of production to the point of
70.33 	first processing if, at the time the weight restriction is
70.34 	exceeded, the vehicle is carrying milk loaded at only one point
70.35 	of production.  This subdivision does not authorize a vehicle
70.36 	described in this subdivision to exceed a weight restriction of
71.1 	five tons per axle by more than two tons per axle.
71.2 	
EFFECTIVE DATE. This section is effective June 1, 2005.

71.3 	Sec. 90. Minnesota Statutes 2004, section 169.87,
71.4 	subdivision 5, is amended to read:
71.5 		Subd. 5.Utility vehicles.  (a) Weight restrictions
71.6 	imposed by the commissioner under subdivision subdivisions 1 and
71.7 	2 do not apply to a two-axle or three-axle utility vehicle that
71.8 	does not exceed a weight of 20,000 pounds per single axle and
71.9 	36,000 pounds gross vehicle weight for a two-axle vehicle or
71.10 	48,000 pounds gross vehicle weight for a three-axle vehicle, if
71.11 	the vehicle is owned by:
71.12 	(1) a public utility as defined in section 216B.02;
71.13 	(2) a municipality or municipal utility that operates the
71.14 	vehicle for its municipal electric, gas, or water system; or
71.15 	(3) a cooperative electric association organized under
71.16 	chapter 308A.
71.17 	(b) The exemption in this subdivision applies only when the
71.18 	vehicle is performing service restoration or other work
71.19 	necessary to prevent an imminent loss of service.
71.20 	
EFFECTIVE DATE. This section is effective the day
71.21 	following final enactment.

71.22 	Sec. 91. Minnesota Statutes 2004, section 169.99,
71.23 	subdivision 1b, is amended to read:
71.24 		Subd. 1b.Speed.  The uniform traffic ticket must provide
71.25 	a blank or space wherein an officer who issues a citation for a
71.26 	violation of section 169.14, subdivision 2, paragraph (a),
71.27 	clause (3),a speed limit of 55 or 60 miles per hour must
71.28 	specify whether the speed was greater than ten miles per hour in
71.29 	excess of the lawful speed a 55 miles per hour speed limit, or
71.30 	more than five miles per hour in excess of a 60 miles per hour
71.31 	speed limit.

71.32 	Sec. 92. Minnesota Statutes 2004, section 169A.52,
71.33 	subdivision 3, is amended to read:
71.34 		Subd. 3.Test refusal; license revocation.  (a) Upon
71.35 	certification by the peace officer that there existed probable
71.36 	cause to believe the person had been driving, operating, or in
72.1 	physical control of a motor vehicle in violation of section
72.2 	169A.20 (driving while impaired), and that the person refused to
72.3 	submit to a test, the commissioner shall revoke the person's
72.4 	license or permit to drive, or nonresident operating privilege,
72.5 	for a period of one year even if a test was obtained pursuant to
72.6 	this section after the person refused to submit to testing.
72.7 	(b) Upon certification by the peace officer that there
72.8 	existed probable cause to believe the person had been driving,
72.9 	operating, or in physical control of a commercial motor vehicle
72.10 	with the presence of any alcohol in violation of section 169A.20
72.11 	(driving while impaired), and that the person refused to submit
72.12 	to a test, the commissioner shall disqualify the person from
72.13 	operating a commercial motor vehicle for a period of one year
72.14 	under section 171.165 (commercial driver's license
72.15 	disqualification) and shall revoke the person's license or
72.16 	permit to drive or nonresident operating privilege for a period
72.17 	of one year according to the federal regulations adopted by
72.18 	reference in section 171.165, subdivision 2.

72.19 	Sec. 93. Minnesota Statutes 2004, section 171.01,
72.20 	subdivision 22, is amended to read:
72.21 		Subd. 22.Commercial motor vehicle.  "Commercial motor
72.22 	vehicle" means a motor vehicle or combination of motor vehicles
72.23 	used to transport passengers or property if the motor vehicle:
72.24 	(1) has a gross vehicle weight of more than 26,000 pounds;
72.25 	(2) has a towed unit with a gross vehicle weight of more
72.26 	than 10,000 pounds and the combination of vehicles has a
72.27 	combined gross vehicle weight of more than 26,000 pounds;
72.28 	(3) is a bus;
72.29 	(4) is of any size and is used in the transportation of
72.30 	hazardous materials, except for those vehicles having a gross
72.31 	vehicle weight of 26,000 pounds or less and carrying in bulk
72.32 	tanks a total of not more than 200 gallons of liquid fertilizer
72.33 	and petroleum products that are required to be placarded under
72.34 	Code of Federal Regulations, title 49, parts 100-185; or
72.35 	(5) is outwardly equipped and identified as a school bus,
72.36 	except for type III school buses defined in section 169.01,
73.1 	subdivision 6, clause (5).
73.2 	
EFFECTIVE DATE. This section is effective the day
73.3 	following final enactment.

73.4 	Sec. 94. Minnesota Statutes 2004, section 171.01,
73.5 	subdivision 35, is amended to read:
73.6 		Subd. 35.Hazardous materials.  "Hazardous materials"
73.7 	means those materials found to be hazardous for the purposes of
73.8 	the federal Hazardous Materials Transportation Act and that
73.9 	require the motor vehicle to be placarded under Code of Federal
73.10 	Regulations, title 49, part 172, subpart F parts 100-185.

73.11 	Sec. 95. Minnesota Statutes 2004, section 171.01,
73.12 	subdivision 47, is amended to read:
73.13 		Subd. 47.State.  "State" means any a state of the United
73.14 	States, territory or possession of the United States,the
73.15 	District of Columbia, the Commonwealth of Puerto Rico or any
73.16 	province of the Dominion of Canada , the United States Virgin
73.17 	Islands, or any territory or insular possession subject to the
73.18 	jurisdiction of the United States.

73.19 	Sec. 96. Minnesota Statutes 2004, section 171.01, is
73.20 	amended by adding a subdivision to read:
73.21 		Subd. 48a.Tank vehicle. "Tank vehicle" means any
73.22 	commercial motor vehicle that is designed to transport any
73.23 	liquid or gaseous materials within a tank, as defined in Code of
73.24 	Federal Regulations, title 49, section 178.320, including a
73.25 	cargo tank or a portable tank as defined in Code of Federal
73.26 	Regulations, title 49, section 171.8, that is either permanently
73.27 	or temporarily attached to the vehicle or the chassis, except
73.28 	portable tanks having a rated capacity under 1,000 gallons.

73.29 	Sec. 97. Minnesota Statutes 2004, section 171.02, is
73.30 	amended to read:
73.31 	171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.
73.32 		Subdivision 1.License required. Except when expressly
73.33 	exempted, a person shall not drive a motor vehicle upon a street
73.34 	or highway in this state unless the person has a license valid
73.35 	under this chapter for the type or class of vehicle being
73.36 	driven.  The department shall not issue a driver's license to a
74.1 	person unless and until the person's license from any
74.2 	jurisdiction has been invalidated.  The department shall provide
74.3 	to the issuing department of any jurisdiction, information that
74.4 	the licensee is now licensed in Minnesota.  A person is not
74.5 	permitted to have more than one valid driver's license at any
74.6 	time.  The department shall not issue to a person to whom a
74.7 	current Minnesota identification card has been issued a driver's
74.8 	license, other than an instruction permit or a limited license,
74.9 	unless the person's Minnesota identification card has been
74.10 	invalidated.
74.11 	Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
74.12 	EXEMPTIONS.] (a) Drivers' licenses shall be are classified
74.13 	according to the types of vehicles which that may be driven by
74.14 	the holder of each type or class of license.  The commissioner
74.15 	may, as appropriate, subdivide the classes listed in this
74.16 	subdivision and issue licenses classified accordingly.  Except
74.17 	as provided in subdivision 2a, no class of license shall be is 
74.18 	valid to operate a motorcycle, school bus, tank vehicle,
74.19 	double-trailer or triple-trailer combination, vehicle
74.20 	transporting hazardous materials, or bus, unless so endorsed.
74.21 	There shall be are four general classes of licenses as follows:
74.22 	(b) Class D; valid for:
74.23 	(1) operating all farm trucks operated by if the farm truck
74.24 	is:
74.25 	(i) the owner, (ii) controlled and operated by a farmer,
74.26 	including operation by an immediate family member of the owner,
74.27 	(iii) or an employee of the owner not primarily employed to
74.28 	operate the farm truck, within 150 miles of the farm, or farmer;
74.29 	(ii) used to transport agricultural products, farm
74.30 	machinery, or farm supplies, to or from a farm;
74.31 	(iii) not used in the operations of a common or contract
74.32 	motor carrier as governed by Code of Federal Regulations, title
74.33 	49, part 365; and 
74.34 	(iv) an employee of the owner employed during harvest to
74.35 	operate the farm truck for the first, continuous transportation
74.36 	of agricultural products from the production site or on-farm
75.1 	storage site to any other location within 50 miles of that
75.2 	site used within 150 miles of the farm;
75.3 	(2) operating fire trucks and emergency fire equipment an
75.4 	authorized emergency vehicle, as defined in section 169.01,
75.5 	subdivision 5, whether or not in excess of 26,000 pounds gross
75.6 	vehicle weight, operated by a firefighter while on duty, or a
75.7 	tiller operator employed by a fire department who drives the
75.8 	rear portion of a midmount aerial ladder truck;
75.9 	(3) operating a recreational equipment vehicle as defined
75.10 	in section 168.011, subdivision 25, that is operated for
75.11 	personal use;
75.12 	(4) operating all single-unit vehicles except vehicles with
75.13 	a gross vehicle weight of more than 26,000 pounds, vehicles
75.14 	designed to carry more than 15 passengers including the driver,
75.15 	and vehicles that carry hazardous materials; and 
75.16 	(5) notwithstanding paragraph (c), operating a type A
75.17 	school bus without a school bus endorsement if:
75.18 	(i) the bus has a gross vehicle weight of 10,000 pounds or
75.19 	less;
75.20 	(ii) the bus is designed to transport 15 or fewer
75.21 	passengers, including the driver; and
75.22 	(iii) the requirements of subdivision 2a, paragraph (b),
75.23 	are satisfied, as determined by the commissioner.;
75.24 	The holder of a class D license may also tow 
75.25 	(6) operating any vehicle or combination of vehicles when
75.26 	operated by a licensed peace officer while on duty; and 
75.27 	(7) towing vehicles if:
75.28 	(i) the towed vehicles have a gross vehicle weight of
75.29 	10,000 pounds or less; or 
75.30 	(ii) the towed vehicles have a gross vehicle weight of more
75.31 	than 10,000 pounds and the combination of vehicles has a gross
75.32 	vehicle weight of 26,000 pounds or less.
75.33 	(c) Class C; valid for:
75.34 	(1) operating class D motor vehicles;
75.35 	(2) with a hazardous materials endorsement, transporting
75.36 	hazardous materials in class D vehicles; and
76.1 	(3) with a school bus endorsement, operating school buses
76.2 	designed to transport 15 or fewer passengers, including the
76.3 	driver.
76.4 	(d) Class B; valid for:
76.5 	(1) operating all vehicles in class C motor vehicles, class
76.6 	D motor vehicles, and all other single-unit motor vehicles
76.7 	including, with a passenger endorsement, buses.  The holder of a
76.8 	class B license may tow ; and 
76.9 	(2) towing only vehicles with a gross vehicle weight of
76.10 	10,000 pounds or less.
76.11 	(e) Class A; valid for operating any vehicle or combination
76.12 	of vehicles.
76.13 		Subd. 2a.exceptions exception for certain school bus
76.14 	drivers. (a) Notwithstanding subdivision 2, (1) a hazardous
76.15 	materials endorsement is not required to operate a vehicle
76.16 	having a gross vehicle weight of 26,000 pounds or less while
76.17 	carrying in bulk tanks a total of not more than 200 gallons of
76.18 	petroleum products and (2) a class C license or hazardous
76.19 	materials endorsement is not required to operate a farm vehicle
76.20 	as defined in Code of Federal Regulations, title 49, section
76.21 	390.5, having a gross vehicle weight of 26,000 pounds or less
76.22 	while carrying in bulk tanks a total of not more than 1,500
76.23 	gallons of liquid fertilizer.
76.24 	(b) Notwithstanding subdivision 2, paragraph (c), the
76.25 	holder of a class D driver's license, without a school bus
76.26 	endorsement, may operate a type A school bus described in
76.27 	subdivision 2, paragraph (b), under the following conditions:
76.28 	(1) (a) The operator is an employee of the entity that
76.29 	owns, leases, or contracts for the school bus and is not solely
76.30 	hired to provide transportation services under this paragraph 
76.31 	subdivision.
76.32 	(2) (b) The operator drives the school bus only from points
76.33 	of origin to points of destination, not including home-to-school
76.34 	trips to pick up or drop off students.
76.35 	(3) (c) The operator is prohibited from using the
76.36 	eight-light system.  Violation of this clause paragraph is a
77.1 	misdemeanor.
77.2 	(4) (d) The operator's employer has adopted and implemented
77.3 	a policy that provides for annual training and certification of
77.4 	the operator in:
77.5 	(i) (1) safe operation of the type of school bus the
77.6 	operator will be driving;
77.7 	(ii) (2) understanding student behavior, including issues
77.8 	relating to students with disabilities;
77.9 	(iii) (3) encouraging orderly conduct of students on the
77.10 	bus and handling incidents of misconduct appropriately;
77.11 	(iv) (4) knowing and understanding relevant laws, rules of
77.12 	the road, and local school bus safety policies;
77.13 	(v) (5) handling emergency situations; and
77.14 	(vi) (6) safe loading and unloading of students.
77.15 	(5) (e) A background check or background investigation of
77.16 	the operator has been conducted that meets the requirements
77.17 	under section 122A.18, subdivision 8, or 123B.03 for teachers;
77.18 	section 144.057 or chapter 245C for day care employees; or
77.19 	section 171.321, subdivision 3, for all other persons operating
77.20 	a type A school bus under this paragraph subdivision.
77.21 	(6) (f) Operators shall submit to a physical examination as
77.22 	required by section 171.321, subdivision 2.
77.23 	(7) (g) The operator's driver's license is verified
77.24 	annually by the entity that owns, leases, or contracts for the
77.25 	school bus.
77.26 	(8) (h) A person who sustains a conviction, as defined
77.27 	under section 609.02, of violating section 169A.25, 169A.26,
77.28 	169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
77.29 	ordinance of another state is precluded from operating a school
77.30 	bus for five years from the date of conviction.
77.31 	(9) (i) A person who has ever been convicted of a
77.32 	disqualifying offense as defined in section 171.3215,
77.33 	subdivision 1, paragraph (c), may not operate a school bus under
77.34 	this paragraph subdivision.
77.35 	(10) (j) A person who sustains a conviction, as defined
77.36 	under section 609.02, of a fourth moving offense in violation of
78.1 	chapter 169 is precluded from operating a school bus for one
78.2 	year from the date of the last conviction.
78.3 	(11) (k) Students riding the school bus must have training
78.4 	required under section 123B.90, subdivision 2.
78.5 	(12) (l) An operator must be trained in the proper use of
78.6 	child safety restraints as set forth in the National Highway
78.7 	Traffic Safety Administration's "Guideline for the Safe
78.8 	Transportation of Pre-school Age Children in School Buses."
78.9 	(13) (m) Annual certification of the requirements listed in
78.10 	this paragraph subdivision must be maintained under separate
78.11 	file at the business location for each operator licensed under
78.12 	this paragraph subdivision and subdivision 2, paragraph (b),
78.13 	clause (5).  The business manager, school board, governing body
78.14 	of a nonpublic school, or any other entity that owns, leases, or
78.15 	contracts for the school bus operating under this paragraph 
78.16 	subdivision is responsible for maintaining these files for
78.17 	inspection.
78.18 	(14) (n) The school bus must bear a current certificate of
78.19 	inspection issued under section 169.451.
78.20 	(15) (o) The word "School" on the front and rear of the bus
78.21 	must be covered by a sign that reads "Activities" when the bus
78.22 	is being operated under authority of this paragraph subdivision.
78.23 		Subd. 3.Motorized bicycle. (a) No A motorized bicycle
78.24 	shall may not be operated on any public roadway by any person
78.25 	who does not possess a valid driver's license, unless the person
78.26 	has obtained a motorized bicycle operator's permit or motorized
78.27 	bicycle instruction permit from the commissioner of public
78.28 	safety.  The operator's permit may be issued to any person who
78.29 	has attained the age of 15 years and who has passed the
78.30 	examination prescribed by the commissioner.  The instruction
78.31 	permit may be issued to any person who has attained the age of
78.32 	15 years and who has successfully completed an approved safety
78.33 	course and passed the written portion of the examination
78.34 	prescribed by the commissioner.
78.35 	(b) This course must consist of, but is not limited to, a
78.36 	basic understanding of:
79.1 	(1) motorized bicycles and their limitations;
79.2 	(2) motorized bicycle laws and rules;
79.3 	(3) safe operating practices and basic operating
79.4 	techniques;
79.5 	(4) helmets and protective clothing;
79.6 	(5) motorized bicycle traffic strategies; and
79.7 	(6) effects of alcohol and drugs on motorized bicycle
79.8 	operators.
79.9 	(c) The commissioner may promulgate adopt rules prescribing
79.10 	the content of the safety course, examination, and the
79.11 	information to be contained on the permits.  A person operating
79.12 	a motorized bicycle under a motorized bicycle permit is subject
79.13 	to the restrictions imposed by section 169.974, subdivision 2,
79.14 	on operation of a motorcycle under a two-wheel instruction
79.15 	permit.
79.16 	(d) The fees for motorized bicycle operator's permits are
79.17 	as follows:
79.18 	(1) Examination and operator's permit,
79.19 	          valid for one year                     $ 6
79.20 	      (2) Duplicate                              $ 3
79.21 	      (3) Renewal permit before age 21
79.22 	          and valid until age 21                 $ 9
79.23 	      (4) Renewal permit after age 21 or older 
79.24 	          and valid for four years               $15
79.25 	      (5) Duplicate of any renewal permit        $ 4.50
79.26 	      (6) Written examination and
79.27 	          instruction permit, valid for
79.28 	          30 days                                $ 6
79.29 	Subd. 4.  [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
79.30 	commissioner may issue restricted commercial drivers' licenses
79.31 	and take the following actions to the extent that the actions
79.32 	are authorized by regulation of the United States Department of
79.33 	Transportation entitled "Waiver for Farm-Related Service
79.34 	Industries" as published in the Federal Register, April 17, 1992 
79.35 	in Code of Federal Regulations, title 49, section 383.3,
79.36 	paragraph (f):
80.1 	(1) prescribe examination requirements and other
80.2 	qualifications for the license;
80.3 	(2) prescribe classes of vehicles that may be operated by
80.4 	holders of the license;
80.5 	(3) specify commercial motor vehicle operation that is
80.6 	authorized by the license, and prohibit other commercial motor 
80.7 	vehicle operation by holders of the license; and
80.8 	(4) prescribe the period of time during which the license
80.9 	is valid.
80.10 	(b) Restricted commercial drivers' licenses are subject to
80.11 	sections 171.165 and 171.166 in the same manner as other
80.12 	commercial drivers' licenses.
80.13 	(c) Actions of the commissioner under this subdivision are
80.14 	not subject to sections 14.05 to 14.47 of the Administrative
80.15 	Procedure Act.
80.16 		Subd. 5.Exemption for certain backup snowplow drivers.
 80.17 	Pursuant to the waiver authorization set forth in Public Law
80.18 	104-59, section 345, subsection (a), paragraph (5), a person who
80.19 	operates a commercial motor vehicle for the purpose of removing
80.20 	snow or ice from a roadway by plowing, salting, or sanding is
80.21 	not required to hold a commercial driver's license if the person:
80.22 	(1) is an employee of a local unit of government with a
80.23 	population of 3,000 or less;
80.24 	(2) is operating within the boundaries of the local unit of
80.25 	government;
80.26 	(3) holds a valid class D driver's license; and
80.27 	(4) except in the event of a lawful strike, is temporarily
80.28 	replacing the employee who normally operates the vehicle but
80.29 	either is unable to operate the vehicle or is in need of
80.30 	additional assistance due to a snow emergency as determined by
80.31 	the local unit of government.

80.32 	Sec. 98. Minnesota Statutes 2004, section 171.03, is
80.33 	amended to read:
80.34 	171.03 PERSONS EXEMPT.
80.35 	The following persons are exempt from license hereunder:
80.36 	(1) (a) A person in the employ or service of the United
81.1 	States federal government is exempt while driving or operating a
81.2 	motor vehicle owned by or leased to the United States federal
81.3 	government, except that only a noncivilian operator of a
81.4 	commercial motor vehicle owned or leased by the United States
81.5 	Department of Defense or the Minnesota National Guard is exempt
81.6 	from the requirement to possess a valid commercial motor vehicle
81.7 	driver's license;.
81.8 	(b) A person in the employ or service of the United States
81.9 	federal government is exempt from the requirement to possess a
81.10 	valid class A, class B, or class C commercial driver's license
81.11 	while driving or operating for military purposes a commercial
81.12 	motor vehicle owned by or leased to the United States federal
81.13 	government if the person is:
81.14 	(1) on active duty in the U. S. Coast Guard;
81.15 	(2) on active duty in a branch of the U. S. Armed Forces,
81.16 	which includes the Army, Air Force, Navy, and Marine Corps;
81.17 	(3) a member of a reserve component of the U. S. Armed
81.18 	Forces; or 
81.19 	(4) on active duty in the Army National Guard or Air
81.20 	National Guard, which includes (i) a member on full-time
81.21 	National Guard duty, (ii) a member undergoing part-time National
81.22 	Guard training, and (iii) a National Guard military technician,
81.23 	who is a civilian required to wear a military uniform.
81.24 	The exemption provided under this paragraph does not apply to a
81.25 	U. S. Armed Forces Reserve technician.
81.26 	(2) (c) Any person while driving or operating any farm
81.27 	tractor,or implement of husbandry temporarily operated or moved 
81.28 	on a highway, and is exempt.For purposes of this section,an
81.29 	all-terrain vehicle, as defined in section 84.92, subdivision 8,
81.30 	an off-highway motorcycle, as defined in section 84.787,
81.31 	subdivision 7, and an off-road vehicle, as defined in section
81.32 	84.797, subdivision 7, are not implements of husbandry;.
81.33 	(3) (d) A nonresident who is at least 15 years of age and
81.34 	who has in immediate possession a valid driver's license issued
81.35 	to the nonresident in the home state or country may operate a
81.36 	motor vehicle in this state only as a driver;.
82.1 	(4) (e) A nonresident who has in immediate possession a
82.2 	valid commercial driver's license issued by a state or
82.3 	jurisdiction in compliance accordance with the Commercial Motor
82.4 	Vehicle Safety Act of 1986, United States Code, title 49,
82.5 	sections 521, 2304, and 2701 to 2716 standards of Code of
82.6 	Federal Regulations, title 49, part 383, and who is operating in
82.7 	Minnesota the class of commercial motor vehicle authorized by
82.8 	the issuing state;or jurisdiction is exempt.
82.9 	(5) (f) Any nonresident who is at least 18 years of age,
82.10 	whose home state or country does not require the licensing of
82.11 	drivers may operate a motor vehicle as a driver, but only for a
82.12 	period of not more than 90 days in any calendar year,if the
82.13 	motor vehicle so operated is duly registered for the current
82.14 	calendar year in the home state or country of such the 
82.15 	nonresident;.
82.16 	(6) (g) Any person who becomes a resident of the state of
82.17 	Minnesota and who has in possession a valid driver's license
82.18 	issued to the person under and pursuant to the laws of some
82.19 	other state or province jurisdiction or by military authorities
82.20 	of the United States may operate a motor vehicle as a
82.21 	driver, but only for a period of not more than 60 days after
82.22 	becoming a resident of this state,without being required to
82.23 	have a Minnesota driver's license as provided in this chapter;.
82.24 	(7) (h) Any person who becomes a resident of the state of
82.25 	Minnesota and who has in possession a valid commercial driver's
82.26 	license issued by another state or jurisdiction in
82.27 	compliance accordance with the Commercial Motor Vehicle Safety
82.28 	Act of 1986, United States Code, title 49, sections 521, 2304,
82.29 	and 2701 to 2716 standards of Code of Federal Regulations, title
82.30 	49, part 383, is exempt for not more than 30 days after becoming
82.31 	a resident of this state; and .
82.32 	(8) (i) Any person operating a snowmobile, as defined in
82.33 	section 84.81, is exempt.

82.34 	Sec. 99. Minnesota Statutes 2004, section 171.04,
82.35 	subdivision 2, is amended to read:
82.36 		Subd. 2.Disqualified operators of commercial motor 
83.1 	vehicles.  During the period of disqualification, the department
83.2 	shall not issue a class C, class B, or class A commercial 
83.3 	driver's license, including a limited license,to a person who
83.4 	has been disqualified from operating a commercial motor vehicle
83.5 	under section 171.165.

83.6 	Sec. 100. Minnesota Statutes 2004, section 171.05,
83.7 	subdivision 1, is amended to read:
83.8 		Subdivision 1.Person 18 or more years of age. (a) Any
83.9 	person who is 18 or more years of age and who, except for a lack
83.10 	of instruction in operating a motor vehicle, would otherwise be
83.11 	qualified to obtain a class D driver's license under this
83.12 	chapter, may apply for an instruction permit and the department
83.13 	shall issue such the permit entitling .  The instruction permit
83.14 	entitles the applicant, while having such permit in immediate
83.15 	possession,to drive a motor vehicle for which a class D license
83.16 	is valid upon the highways for a period of one year, but such
83.17 	person must be two years if the permit holder:
83.18 	(1) has the permit in immediate possession; and 
83.19 	(2) is driving the vehicle while accompanied by an adult
83.20 	licensed driver who is actually occupying a seat beside the
83.21 	driver.
83.22 	(b) Any license of a lower class may be used as an
83.23 	instruction permit for to operate a vehicle requiring a higher
83.24 	class license for a period of six months after passage of the
83.25 	written test or tests required for the higher class and when the
83.26 	licensee is accompanied by and receiving instruction from a
83.27 	holder of the appropriate higher class license.  A copy of the
83.28 	record of examination taken for the higher class license must be
83.29 	carried by the driver while using such the lower class license
83.30 	as an instruction permit.

83.31 	Sec. 101. Minnesota Statutes 2004, section 171.05,
83.32 	subdivision 2, is amended to read:
83.33 		Subd. 2.Person less than 18 years of age.  (a)
83.34 	Notwithstanding any provision in subdivision 1 to the contrary,
83.35 	the department may issue an instruction permit to an applicant
83.36 	who is 15, 16, or 17 years of age and who:
84.1 	(1) has completed a course of driver education in another
84.2 	state, has a previously issued valid license from another state,
84.3 	or is enrolled in either:
84.4 	(i) a public, private, or commercial driver education
84.5 	program that is approved by the commissioner of public safety
84.6 	and that includes classroom and behind-the-wheel training; or
84.7 	(ii) an approved behind-the-wheel driver education program
84.8 	when the student is receiving full-time instruction in a home
84.9 	school within the meaning of sections 120A.22 and 120A.24, the
84.10 	student is working toward a home-school diploma, the student's
84.11 	status as a home-school student has been certified by the
84.12 	superintendent of the school district in which the student
84.13 	resides, and the student is taking home-classroom driver
84.14 	training with classroom materials approved by the commissioner
84.15 	of public safety;
84.16 	(2) has completed the classroom phase of instruction in the
84.17 	driver education program;
84.18 	(3) has passed a test of the applicant's eyesight;
84.19 	(4) has passed a department-administered test of the
84.20 	applicant's knowledge of traffic laws;
84.21 	(5) has completed the required application, which must be
84.22 	approved by (i) either parent when both reside in the same
84.23 	household as the minor applicant or, if otherwise, then (ii) the
84.24 	parent or spouse of the parent having custody or, in the event
84.25 	there is no court order for custody, then (iii) the parent or
84.26 	spouse of the parent with whom the minor is living or, if items
84.27 	(i) to (iii) do not apply, then (iv) the guardian having custody
84.28 	of the minor or, in the event a person under the age of 18 has
84.29 	no living father, mother, or guardian, or is married or
84.30 	otherwise legally emancipated, then (v) the applicant's adult
84.31 	spouse, adult close family member, or adult employer; provided,
84.32 	that the approval required by this clause contains a
84.33 	verification of the age of the applicant and the identity of the
84.34 	parent, guardian, adult spouse, adult close family member, or
84.35 	adult employer; and
84.36 	(6) has paid the fee required in section 171.06,
85.1 	subdivision 2.
85.2 	(b) The instruction permit is valid for one year two years 
85.3 	from the date of application and may be renewed upon payment of
85.4 	a fee equal to the fee for issuance of an instruction permit
85.5 	under section 171.06, subdivision 2.

85.6 	Sec. 102. Minnesota Statutes 2004, section 171.05,
85.7 	subdivision 2b, is amended to read:
85.8 		Subd. 2b.Instruction permit use by person under age 18.
 85.9 	(a) This subdivision applies to persons who have applied for and
85.10 	received an instruction permit under subdivision 2.
85.11 	(b) The permit holder may, with the permit in possession,
85.12 	operate a motor vehicle, but must be accompanied by and be under
85.13 	the supervision of a certified driver education instructor, the
85.14 	permit holder's parent or guardian, or another licensed driver
85.15 	age 21 or older.  The supervisor must occupy the seat beside the
85.16 	permit holder.
85.17 	(c) The permit holder may operate a motor vehicle only when
85.18 	every occupant under the age of 18 15 has a seat belt or child
85.19 	passenger restraint system properly fastened according to
85.20 	sections 169.685 and 169.686.  A person who violates this
85.21 	paragraph is subject to a fine of $25 $50. A peace officer may
85.22 	not issue a citation for a violation of this paragraph unless
85.23 	the officer lawfully stopped or detained the driver of the motor
85.24 	vehicle for a moving violation as defined in section 171.04,
85.25 	subdivision 1 A passenger who is at least 15 years of age is
85.26 	subject to the requirements and penalty of section 169.686.  The
85.27 	commissioner shall not record a violation of this paragraph on a
85.28 	person's driving record.
85.29 	(d) The permit holder may not operate a vehicle while
85.30 	communicating over, or otherwise operating, a cellular or
85.31 	wireless telephone, whether handheld or hands free.  The permit
85.32 	holder may assert as an affirmative defense that the violation
85.33 	was made for the sole purpose of obtaining emergency assistance
85.34 	to prevent a crime about to be committed, or in the reasonable
85.35 	belief that a person's life or safety was in danger.
85.36 	(e) The permit holder must maintain a driving record free
86.1 	of convictions for moving violations, as defined in section
86.2 	171.04, subdivision 1, and free of convictions for violation of
86.3 	section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
86.4 	169A.53.  If the permit holder drives a motor vehicle in
86.5 	violation of the law, the commissioner shall suspend, cancel, or
86.6 	revoke the permit in accordance with the statutory section
86.7 	violated.

86.8 	Sec. 103. Minnesota Statutes 2004, section 171.055,
86.9 	subdivision 2, is amended to read:
86.10 		Subd. 2.Use of provisional license.  (a) A provisional
86.11 	license holder may operate a motor vehicle only when every
86.12 	occupant under the age of 18 15 has a seat belt or child
86.13 	passenger restraint system properly fastened according to
86.14 	sections 169.685 and 169.686.  A person who violates this
86.15 	paragraph is subject to a fine of $25 $50. A peace officer may
86.16 	not issue a citation for a violation of this paragraph unless
86.17 	the officer lawfully stopped or detained the driver of the motor
86.18 	vehicle for a moving violation as defined in section 171.04.A
86.19 	passenger who is at least 15 years of age is subject to the
86.20 	requirements and penalty of section 169.686.The commissioner
86.21 	shall not record a violation of this paragraph on a person's
86.22 	driving record.
86.23 	(b) A provisional license holder may not operate a motor
86.24 	vehicle:
86.25 	(1) during the first six months of provisional licensure,
86.26 	with more than one passenger, except family members; or 
86.27 	(2) between the hours of midnight and 5:00 a.m.
86.28 	(c) A provisional license holder may not operate a vehicle
86.29 	while communicating over, or otherwise operating, a cellular or
86.30 	wireless telephone, whether handheld or hands free.  The
86.31 	provisional license holder may assert as an affirmative defense
86.32 	that the violation was made for the sole purpose of obtaining
86.33 	emergency assistance to prevent a crime about to be committed,
86.34 	or in the reasonable belief that a person's life or safety was
86.35 	in danger.
86.36 	(d) If the holder of a provisional license during the
87.1 	period of provisional licensing incurs (1) a conviction for a
87.2 	violation of section 169A.20, 169A.33, 169A.35, or sections
87.3 	169A.50 to 169A.53, (2) a conviction for a crash-related moving
87.4 	violation as defined in section 171.04, or (3) more than one
87.5 	conviction for a moving violation that is not crash related, the
87.6 	person may not be issued a driver's license until 12 consecutive
87.7 	months have expired since the date of the conviction or until
87.8 	the person reaches the age of 18 years, whichever occurs first.

87.9 	Sec. 104. Minnesota Statutes 2004, section 171.09, is
87.10 	amended to read:
87.11 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
87.12 	(a) The commissioner shall have the authority, when good
87.13 	cause appears, to may impose restrictions suitable to the
87.14 	licensee's driving ability or such other restrictions applicable
87.15 	to the licensee as the commissioner may determine to be
87.16 	appropriate to assure the safe operation of a motor vehicle by
87.17 	the licensee. The commissioner may,
87.18 	(b) Pursuant to Code of Federal Regulations, title 49,
87.19 	section 383.95, if an applicant for a commercial driver's
87.20 	license either does not successfully complete the air brake
87.21 	component of the knowledge test, or does not successfully
87.22 	complete the skills test in a vehicle equipped with air brakes
87.23 	as such tests are prescribed in Code of Federal Regulations,
87.24 	title 49, part 384, the department shall indicate on the class
87.25 	C, class B, or class A commercial driver's license, if issued,
87.26 	that the individual is restricted from operating a commercial
87.27 	motor vehicle equipped with air brakes.
87.28 	(c) Upon receiving satisfactory evidence of any violation
87.29 	of the restrictions of on the license, the commissioner may 
87.30 	suspend or revoke the license.  A license suspension under this
87.31 	section is subject to section 171.18, subdivisions 2 and 3.
87.32 	(b) (d) A person who drives, operates, or is in physical
87.33 	control of a motor vehicle while in violation of the
87.34 	restrictions imposed in a restricted driver's license issued to
87.35 	that person under paragraph (a) this section is guilty of a
87.36 	crime as follows:
88.1 	(1) if the restriction relates to the possession or
88.2 	consumption of alcohol or controlled substances, the person is
88.3 	guilty of a gross misdemeanor; or
88.4 	(2) if the restriction relates to another matter, the
88.5 	person is guilty of a misdemeanor.

88.6 	Sec. 105. Minnesota Statutes 2004, section 171.12,
88.7 	subdivision 3, is amended to read:
88.8 		Subd. 3.Application and record, when destroyed.  The
88.9 	department may cause applications for drivers' licenses,
88.10 	provisional licenses, and instruction permits, and related
88.11 	records, to be destroyed immediately after the period for which
88.12 	issued, except that:
88.13 	(1) the driver's record pertaining to revocations,
88.14 	suspensions, cancellations, disqualifications, convictions, and
88.15 	accidents shall be is cumulative and must be kept for a period
88.16 	of at least five years;
88.17 	(2) the driver's record pertaining to violations of a
88.18 	driver or vehicle out-of-service order must be kept for a period
88.19 	of at least ten years; and 
88.20 	(3) the driver's record pertaining to felony convictions in
88.21 	the commission of which a motor vehicle was used, to the
88.22 	alcohol-related offenses and licensing actions listed in section
88.23 	169A.03, subdivisions 20 and 21, and to violations of sections 
88.24 	section 169.09, to violations of section 169A.31,and to
88.25 	violations of section 171.24, subdivision 5, shall must 
88.26 	be cumulative and kept for a period of at least 15 years, except
88.27 	as provided in clause (3); and 
88.28 	(3) the driver's record pertaining to an offense, or a
88.29 	related licensing action, under section 169A.20, subdivision 1,
88.30 	clause (1) or (5), must be purged after ten years of any
88.31 	reference to the offense or action if (i) this offense or action
88.32 	involved an alcohol concentration of 0.08 or more but less than
88.33 	0.10, (ii) this offense or action was a first impaired driving
88.34 	incident, and (iii) the driver has incurred no other impaired
88.35 	driving incident during the ten-year period.  For purposes of
88.36 	this clause, "impaired driving incident" includes any incident
89.1 	that may be counted as a prior impaired driving conviction or a
89.2 	prior impaired driving-related loss of license, as defined in
89.3 	section 169A.03, subdivisions 20 and 21.  This clause does not
89.4 	apply to the driver's record of a person to whom a commercial
89.5 	driver's license has been issued retained permanently.

89.6 	Sec. 106. Minnesota Statutes 2004, section 171.07,
89.7 	subdivision 1, is amended to read:
89.8 		Subdivision 1.License; contents.  (a) Upon the payment
89.9 	of the required fee, the department shall issue to every
89.10 	qualifying applicant a license designating the type or class of
89.11 	vehicles the applicant is authorized to drive as applied for.
89.12 	This license must bear a distinguishing number assigned to the
89.13 	licensee,;the licensee's full name, date of birth, and 
89.14 	residence address and permanent mailing address if different,;a
89.15 	description of the licensee in a manner as the commissioner
89.16 	deems necessary,;and the usual signature of the licensee.  No
89.17 	license is valid unless it bears the usual signature of the
89.18 	licensee.  Every license must bear a colored photograph or an
89.19 	electronically produced image of the licensee.
89.20 	(b) If the United States Postal Service will not deliver
89.21 	mail to the applicant's residence address as listed on the
89.22 	license, then the applicant shall provide verification from the
89.23 	United States Postal Service that mail will not be delivered to
89.24 	the applicant's residence address and that mail will be
89.25 	delivered to a specified alternate mailing address.  When an
89.26 	applicant provides an alternate mailing address under this
89.27 	subdivision, the commissioner shall use the alternate mailing
89.28 	address in lieu of the applicant's residence address for all
89.29 	notices and mailings to the applicant.
89.30 	(c) Every license issued to an applicant under the age of
89.31 	21 must be of a distinguishing color and plainly marked
89.32 	"Under-21."
89.33 	(c) (d) The department shall use processes in issuing a
89.34 	license that prohibit, as nearly as possible, the ability to
89.35 	alter or reproduce a license, or prohibit the ability to
89.36 	superimpose a photograph or electronically produced image on a
90.1 	license, without ready detection.
90.2 	(d) (e) A license issued to an applicant age 65 or over
90.3 	must be plainly marked "senior" if requested by the applicant.

90.4 	Sec. 107. Minnesota Statutes 2004, section 171.07,
90.5 	subdivision 3, is amended to read:
90.6 		Subd. 3.Identification card; fee.  (a) Upon payment of
90.7 	the required fee, the department shall issue to every qualifying
90.8 	applicant a Minnesota identification card.  The department may
90.9 	not issue a Minnesota identification card to a person an
90.10 	individual who has a driver's license, other than a limited
90.11 	license.  The card must bear a distinguishing number assigned to
90.12 	the applicant; a colored photograph or an electronically
90.13 	produced image of the applicant; the applicant's full name, date
90.14 	of birth, and residence address; a description of the applicant
90.15 	in the manner as the commissioner deems necessary; and the usual
90.16 	signature of the applicant.
90.17 	(b) If the United States Postal Service will not deliver
90.18 	mail to the applicant's residence address as listed on the
90.19 	Minnesota identification card, then the applicant shall provide
90.20 	verification from the United States Postal Service that mail
90.21 	will not be delivered to the applicant's residence address and
90.22 	that mail will be delivered to a specified alternate mailing
90.23 	address.  When an applicant provides an alternate mailing
90.24 	address under this subdivision, the commissioner shall use the
90.25 	alternate mailing address in lieu of the applicant's residence
90.26 	address for all notices and mailings to the applicant.
90.27 	(c) Each identification card issued to an applicant under
90.28 	the age of 21 must be of a distinguishing color and plainly
90.29 	marked "Under-21."
90.30 	(c) (d) Each Minnesota identification card must be plainly
90.31 	marked "Minnesota identification card - not a driver's license."
90.32 	(d) (e) The fee for a Minnesota identification card is 50
90.33 	cents when issued to a person who is mentally retarded, as
90.34 	defined in section 252A.02, subdivision 2; a physically disabled
90.35 	person, as defined in section 169.345, subdivision 2; or, a
90.36 	person with mental illness, as described in section 245.462,
91.1 	subdivision 20, paragraph (c).

91.2 	Sec. 108. Minnesota Statutes 2004, section 171.12,
91.3 	subdivision 6, is amended to read:
91.4 		Subd. 6.Certain convictions not recorded. (a) Except as
91.5 	provided in paragraph (b),the department shall not keep on the
91.6 	record of a driver any conviction for a violation of section
91.7 	169.14, subdivision 2, paragraph (a), clause (3),a speed limit
91.8 	of 55 or 60 miles per hour unless the violation consisted of a
91.9 	speed greater than ten miles per hour in excess of the lawful
91.10 	speed a 55 miles per hour speed limit, or more than five miles
91.11 	per hour in excess of a 60 miles per hour speed limit.
91.12 	(b) This subdivision does not apply to (1) a violation that
91.13 	occurs in a commercial motor vehicle, or (2) a violation
91.14 	committed by a holder of a class A, B, or C commercial driver's
91.15 	license, without regard to whether the violation was committed
91.16 	in a commercial motor vehicle or another vehicle.

91.17 	Sec. 109. Minnesota Statutes 2004, section 171.12,
91.18 	subdivision 7, is amended to read:
91.19 		Subd. 7.Privacy of residence address data.  (a) An
91.20 	applicant for Data on individuals provided to obtain a driver's
91.21 	license or a Minnesota identification card may request that the
91.22 	applicant's residence address be classified as private data on
91.23 	individuals, as defined in section 13.02, subdivision 12.  The
91.24 	commissioner shall grant the classification upon receipt of a
91.25 	signed statement by the individual that the classification is
91.26 	required for the safety of the applicant or the applicant's
91.27 	family, if the statement also provides a valid, existing address
91.28 	where the applicant consents to receive service of process.  The
91.29 	commissioner shall use the mailing address in place of the
91.30 	residence address in all documents and notices pertaining to the
91.31 	driver's license or identification card.  The residence address
91.32 	and any information provided in the classification request,
91.33 	other than the mailing address, are private data on individuals
91.34 	and may be provided to requesting law enforcement agencies,
91.35 	probation and parole agencies, and public authorities, as
91.36 	defined in section 518.54, subdivision 9is classified as
92.1 	provided by United States Code, title 18, section 2721,
92.2 	subsection (a).
92.3 	(b) An applicant for a driver's license or a Minnesota
92.4 	identification card must be informed in a clear and conspicuous
92.5 	manner on the forms for the issuance or renewal that may
92.6 	consent, in writing, to the commissioner to disclose the
92.7 	applicant's personal information may be disclosed exempted by
92.8 	United States Code, title 18, section 2721, subsection (a),to
92.9 	any person who makes a request for the personal information, and
92.10 	that except for uses permitted by United States Code, title 18,
92.11 	section 2721, subsection (b), the applicant may prohibit
92.12 	disclosure of the personal information by so indicating on the
92.13 	form. If the applicant so authorizes disclosures, the
92.14 	commissioner shall implement the request and the information may
92.15 	be used.
92.16 	(c) If authorized by an applicant for a driver's license or
92.17 	a Minnesota identification card must be also informed in a clear
92.18 	and conspicuous manner on forms that , as indicated in paragraph
92.19 	(b),the applicant's personal information may be used, rented,
92.20 	or sold solely for bulk distribution by organizations for
92.21 	business purposes, including surveys, marketing, or
92.22 	solicitation. The commissioner shall implement methods and
92.23 	procedures that enable the applicant to request that bulk
92.24 	surveys, marketing, or solicitation not be directed to the
92.25 	applicant.  If the applicant so requests, the commissioner shall
92.26 	implement the request in a timely manner and the personal
92.27 	information may not be so used.
92.28 	(d) To the extent permitted by United States Code, title
92.29 	18, section 2721, data on individuals provided to obtain a
92.30 	Minnesota identification card or a driver's license is public
92.31 	data on individuals and shall be disclosed as permitted by
92.32 	United States Code, title 18, section 2721, subsection (b).An
92.33 	applicant for a driver's license, instruction permit, or
92.34 	Minnesota identification card may request that the applicant's
92.35 	residence address be classified as "private data on
92.36 	individuals," as defined in section 13.02, subdivision 12.  The
93.1 	commissioner shall grant the classification on receipt of a
93.2 	signed statement by the individual that the classification is
93.3 	required for the safety of the applicant or the applicant's
93.4 	family, if the statement also provides a valid, existing address
93.5 	where the applicant consents to receive service of process.  The
93.6 	commissioner shall use the service for process mailing address
93.7 	in place of the residence address in all documents and notices
93.8 	pertaining to the driver's license, instruction permit, or
93.9 	Minnesota identification card.  The residence address and any
93.10 	information provided in the classification request, other than
93.11 	the mailing address, are private data on individuals and may be
93.12 	provided to requesting law enforcement agencies, probation and
93.13 	parole agencies, and public authorities, as defined in section
93.14 	518.54, subdivision 9.
93.15 	(e) A person shall not retain any information from
93.16 	magnetically, electronically, or otherwise scanning a driver's
93.17 	license, permit, or state identification card, except the
93.18 	document holder's name; date of birth; driver's license, permit,
93.19 	or state identification card number; and document expiration
93.20 	date.  A person shall not use any of this retained information
93.21 	for advertising or marketing purposes.  A person shall not sell
93.22 	and shall not otherwise disseminate the retained information to
93.23 	any third party for any purpose, including any marketing,
93.24 	advertising, or promotional activities, except that retained
93.25 	information may be provided under a court order or as authorized
93.26 	elsewhere in law.

93.27 	Sec. 110. [171.162] COMMERCIAL DRIVER'S LICENSE, RECORDS
93.28 	CHECK.
93.29 	As required by Code of Federal Regulations, title 49,
93.30 	section 383.73, before issuing a class A, class B, or class C
93.31 	commercial driver's license, the department shall request the
93.32 	applicant's complete driving record from all states where the
93.33 	applicant was previously licensed over the last ten years to
93.34 	operate any type of motor vehicle.

93.35 	Sec. 111. Minnesota Statutes 2004, section 171.165,
93.36 	subdivision 1, is amended to read:
94.1 		Subdivision 1.first violation federal standards.
 94.2 	Subject to section 171.166, the commissioner shall disqualify a
94.3 	person from operating commercial motor vehicles for one year
94.4 	upon receiving a record of the first conviction of the person
94.5 	for committing a violation of any of the following offenses
94.6 	while operating a commercial motor vehicle:
94.7 	(1) section 169A.20 or 169A.31;
94.8 	(2) section 169.09, subdivision 1 or 2;
94.9 	(3) a felony, other than a felony described in subdivision
94.10 	3, paragraph (a), clause (2), item (ii);
94.11 	(4) driving with a revoked, suspended, canceled, denied, or
94.12 	disqualified commercial driver's license;
94.13 	(5) causing a fatality through the negligent or criminal
94.14 	operation of a commercial motor vehicle; or 
94.15 	(6) an offense committed in another state that would be
94.16 	grounds for disqualification under this subdivision or
94.17 	subdivision 2 if committed in Minnesota in accordance with the
94.18 	driver disqualifications and penalties in Code of Federal
94.19 	Regulations, title 49, part 383, subpart D and Code of Federal
94.20 	Regulations, title 49, section 384.219.

94.21 	Sec. 112. Minnesota Statutes 2004, section 171.165,
94.22 	subdivision 2, is amended to read:
94.23 		Subd. 2.Implied consent revocation.  The commissioner
94.24 	shall disqualify a person from operating commercial motor
94.25 	vehicles for one year from the effective date of a revocation
94.26 	under section 169A.52 or a statute or ordinance from another
94.27 	state or jurisdiction in conformity with it, if the person was
94.28 	driving, operating, or in physical control of a commercial motor
94.29 	vehicle at the time of the incident on which the revocation is
94.30 	based in accordance with the driver disqualifications and
94.31 	penalties in Code of Federal Regulations, title 49, part 383,
94.32 	subpart D.

94.33 	Sec. 113. Minnesota Statutes 2004, section 171.165,
94.34 	subdivision 6, is amended to read:
94.35 		Subd. 6.Exemptions. (a) A disqualification shall not be
94.36 	imposed under this section on a recreational equipment vehicle 
95.1 	operator, farmer, or firefighter authorized emergency vehicle
95.2 	operator operating a commercial motor vehicle within the scope
95.3 	of section 171.02, subdivision 2, paragraph (b).
95.4 	(b) A conviction for a violation that occurred before
95.5 	August 1, 2005, while operating a vehicle that is not a
95.6 	commercial motor vehicle shall not be counted as a first or
95.7 	subsequent violation for purposes of determining the period for
95.8 	which a driver must be disqualified under this section.

95.9 	Sec. 114. [171.167] NOTICE TO COMMERCIAL DRIVER'S LICENSE
95.10 	INFORMATION SYSTEM.
95.11 	The department shall participate fully in the commercial
95.12 	driver's license information system established under the
95.13 	Commercial Motor Vehicle Safety Act of 1986 at United States
95.14 	Code, title 49, section 31309.

95.15 	Sec. 115. Minnesota Statutes 2004, section 171.17,
95.16 	subdivision 1, is amended to read:
95.17 		Subdivision 1.Offenses.  (a) The department shall
95.18 	immediately revoke the license of a driver upon receiving a
95.19 	record of the driver's conviction of:
95.20 	(1) manslaughter resulting from the operation of a motor
95.21 	vehicle or criminal vehicular homicide or injury under section
95.22 	609.21;
95.23 	(2) a violation of section 169A.20 or 609.487;
95.24 	(3) a felony in the commission of which a motor vehicle was
95.25 	used;
95.26 	(4) failure to stop and disclose identity and render aid,
95.27 	as required under section 169.09, in the event of a motor
95.28 	vehicle accident, resulting in the death or personal injury of
95.29 	another;
95.30 	(5) perjury or the making of a false affidavit or statement
95.31 	to the department under any law relating to the ownership or
95.32 	operation of a motor vehicle;
95.33 	(6) except as this section otherwise provides, three
95.34 	charges of violating within a period of 12 months any of the
95.35 	provisions of chapter 169 or of the rules or municipal
95.36 	ordinances enacted in conformance with chapter 169, for which
96.1 	the accused may be punished upon conviction by imprisonment;
96.2 	(7) two or more violations, within five years, of the
96.3 	misdemeanor offense described in section 169.444, subdivision 2,
96.4 	paragraph (a);
96.5 	(8) the gross misdemeanor offense described in section
96.6 	169.444, subdivision 2, paragraph (b); or 
96.7 	(9) an offense in another state that, if committed in this
96.8 	state, would be grounds for revoking the driver's license; or 
96.9 	(10) a violation of an applicable speed limit by a person
96.10 	driving in excess of 100 miles per hour.  The person's license
96.11 	must be revoked for six months for a violation of this clause,
96.12 	or for a longer minimum period of time applicable under section
96.13 	169A.53, 169A.54, or 171.174.
96.14 	(b) The department shall immediately revoke the school bus
96.15 	endorsement of a driver upon receiving a record of the driver's
96.16 	conviction of the misdemeanor offense described in section
96.17 	169.443, subdivision 7.

96.18 	Sec. 116. Minnesota Statutes 2004, section 171.30,
96.19 	subdivision 1, is amended to read:
96.20 		Subdivision 1.Conditions of issuance.  (a) In any case
96.21 	where a person's license has been suspended under section
96.22 	171.18, 171.173, or 171.186, or revoked under section 169.792,
96.23 	169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
96.24 	may issue a limited license to the driver including under the
96.25 	following conditions:
96.26 	(1) if the driver's livelihood or attendance at a chemical
96.27 	dependency treatment or counseling program depends upon the use
96.28 	of the driver's license;
96.29 	(2) if the use of a driver's license by a homemaker is
96.30 	necessary to prevent the substantial disruption of the
96.31 	education, medical, or nutritional needs of the family of the
96.32 	homemaker; or
96.33 	(3) if attendance at a postsecondary institution of
96.34 	education by an enrolled student of that institution depends
96.35 	upon the use of the driver's license.
96.36 	(b) The commissioner in issuing a limited license may
97.1 	impose such conditions and limitations as in the commissioner's
97.2 	judgment are necessary to the interests of the public safety and
97.3 	welfare including reexamination as to the driver's
97.4 	qualifications.  The license may be limited to the operation of
97.5 	particular vehicles, to particular classes and times of
97.6 	operation, and to particular conditions of traffic.  The
97.7 	commissioner may require that an applicant for a limited license
97.8 	affirmatively demonstrate that use of public transportation or
97.9 	carpooling as an alternative to a limited license would be a
97.10 	significant hardship.
97.11 	(c) For purposes of this subdivision, "homemaker" refers to
97.12 	the person primarily performing the domestic tasks in a
97.13 	household of residents consisting of at least the person and the
97.14 	person's dependent child or other dependents.
97.15 	(d) The limited license issued by the commissioner shall
97.16 	clearly indicate the limitations imposed and the driver
97.17 	operating under the limited license shall have the license in
97.18 	possession at all times when operating as a driver.
97.19 	(e) In determining whether to issue a limited license, the
97.20 	commissioner shall consider the number and the seriousness of
97.21 	prior convictions and the entire driving record of the driver
97.22 	and shall consider the number of miles driven by the driver
97.23 	annually.
97.24 	(f) If the person's driver's license or permit to drive has
97.25 	been revoked under section 169.792 or 169.797, the commissioner
97.26 	may only issue a limited license to the person after the person
97.27 	has presented an insurance identification card, policy, or
97.28 	written statement indicating that the driver or owner has
97.29 	insurance coverage satisfactory to the commissioner of public
97.30 	safety.  The commissioner of public safety may require the
97.31 	insurance identification card provided to satisfy this
97.32 	subdivision be certified by the insurance company to be
97.33 	noncancelable for a period not to exceed 12 months.
97.34 	(g) The limited license issued by the commissioner to a
97.35 	person under section 171.186, subdivision 4, must expire 90 days
97.36 	after the date it is issued.  The commissioner must not issue a
98.1 	limited license to a person who previously has been issued a
98.2 	limited license under section 171.186, subdivision 4.
98.3 	(h) The commissioner shall not issue a limited driver's
98.4 	license to any person described in section 171.04, subdivision
98.5 	1, clause (6), (7), (8), (10), (11), or (14).
98.6 	(i) The commissioner shall not issue a class A, class B, or
98.7 	class C limited license.

98.8 	Sec. 117. Minnesota Statutes 2004, section 174.03, is
98.9 	amended by adding a subdivision to read:
98.10 		Subd. 2a.State aviation plan. (a) Each revision of the
98.11 	state aviation system plan must comply with the Federal Aviation
98.12 	Administration requirements and include a supplemental chapter.
98.13 	The supplemental chapter must include the following:
98.14 	(1) an analysis of the projected commercial aviation needs
98.15 	of the state over the next 20 years;
98.16 	(2) a description of the present capacity, function, and
98.17 	levels of activity at each commercial service airport as
98.18 	designated by the Federal Aviation Administration, each airport
98.19 	that the commissioner determines is likely to become a
98.20 	commercial service airport in the next 20 years, and any other
98.21 	airport that the commissioner determines should be included by
98.22 	reason of commercial passenger or cargo service levels; and 
98.23 	(3) a description of the capacity, function, and levels of
98.24 	activity that each airport identified in clause (2) must have in
98.25 	order to carry out the plan's goal and objectives and meet the
98.26 	needs described under clause (1).
98.27 	(b) In assessing aviation needs and the capacity, function,
98.28 	and level of activity at any airport, the plan must consider
98.29 	both commercial passenger service and cargo service.

98.30 	Sec. 118. [174.032] ADVISORY COUNCIL ON AVIATION
98.31 	PLANNING.
98.32 		Subdivision 1.Advisory council created. (a) The
98.33 	commissioner shall create an advisory council on aviation
98.34 	planning to advise the commissioner on the supplemental chapter
98.35 	of the state aviation system plan.  The council consists of the
98.36 	following members appointed by the commissioner except where
99.1 	otherwise provided:
99.2 	(1) one member of the Metropolitan Airports Commission;
99.3 	(2) one representative of major commercial airlines;
99.4 	(3) one representative of independent pilots who fly for
99.5 	small business;
99.6 	(4) one representative of the air cargo industry;
99.7 	(5) two representatives of the business community unrelated
99.8 	to aviation, one of whom must reside within the seven-county
99.9 	metropolitan area and one of whom must reside outside that area;
99.10 	(6) one representative of environmental interests;
99.11 	(7) one employee of the Department of Transportation's
99.12 	Office of Aeronautics;
99.13 	(8) two representatives of neighborhoods that are
99.14 	significantly affected by airplane noise appointed by community
99.15 	representatives on the Noise Oversight Committee;
99.16 	(9) one representative of tier-two airports (St. Cloud,
99.17 	Duluth, Willmar, and Rochester);
99.18 	(10) one representative of reliever airports;
99.19 	(11) one member of the senate committee having jurisdiction
99.20 	over transportation policy, appointed by the chair of that
99.21 	committee;
99.22 	(12) one member of the house of representatives committee
99.23 	having jurisdiction over transportation policy, appointed by the
99.24 	chair of that committee;
99.25 	(13) one representative of the local Airline Service Action
99.26 	Committee;
99.27 	(14) one representative of the Citizens League of the Twin
99.28 	Cities;
99.29 	(15) one representative of the Association of Minnesota
99.30 	Counties;
99.31 	(16) one representative of the League of Minnesota Cities;
99.32 	(17) one representative of the Minnesota Department of
99.33 	Employment and Economic Development; and 
99.34 	(18) one representative of the Metropolitan Council.
99.35 	(b) Members of the advisory council serve at the pleasure
99.36 	of the appointing authority.  Members shall serve without
100.1 	compensation.
100.2 		Subd. 2.Advisory council duties. (a) The advisory
100.3 	council on aviation planning shall advise the commissioner on
100.4 	the aviation planning chapter of the state aviation system
100.5 	plan.  The advisory council shall assist in the development of
100.6 	the state aviation system plan by reviewing the work and making
100.7 	recommendations.  The state aviation system plan must consist of:
100.8 	(1) an inventory of airport facilities, based aircraft and
100.9 	operations;
100.10 	(2) a forecast of aviation activities;
100.11 	(3) a needs assessment to determine improvements needed and
100.12 	recommendations for each airport by five-year, ten-year, and
100.13 	20-year forecast periods;
100.14 	(4) present and anticipated capacity needs of commercial
100.15 	service airports, including limitations on expanding the
100.16 	capacity of individual commercial service airports imposed by
100.17 	state or local regulations, safety or environmental concerns,
100.18 	and land uses near the airport that are incompatible with
100.19 	airport operations;
100.20 	(5) the needs of Minnesota residents and businesses for
100.21 	passenger and cargo service, from both a statewide and regional
100.22 	perspective;
100.23 	(6) anticipated changes in commercial aircraft types and
100.24 	characteristics;
100.25 	(7) noise and other environmental impacts of aviation at
100.26 	commercial service airports;
100.27 	(8) trends in the aviation and airline industries; and 
100.28 	(9) relationship between aviation and other forms of
100.29 	transportation covered by the state transportation plan.
100.30 	(b) The advisory council may also make recommendations to
100.31 	the commissioner, the Metropolitan Airports Commission, and the
100.32 	legislature concerning the policy steps needed to implement the
100.33 	chapter.
100.34 		Subd. 3.Term of council; expiration; reconvening. (a)
100.35 	The commissioner shall appoint the first advisory council by
100.36 	July 1, 2005.  The council shall submit any recommendations it
101.1 	makes to the legislature by January 15, 2006.  The terms of all
101.2 	members of the advisory council serving on July 1, 2005, expire
101.3 	on January 1, 2007.
101.4 	(b) The commissioner shall appoint and convene a new
101.5 	advisory council not less than two years before the date on
101.6 	which each revision of the state aviation system plan is
101.7 	required under section 174.03, subdivision 1a.  Each such
101.8 	advisory council must consist of members as prescribed in
101.9 	subdivision 1, who shall serve on the same terms as set forth
101.10 	under subdivision 1.  Each such advisory council expires on the
101.11 	date on which the revision of the state aviation system plan
101.12 	becomes final.

101.13 	Sec. 119. Minnesota Statutes 2004, section 174.86,
101.14 	subdivision 5, is amended to read:
101.15 		Subd. 5.Commuter rail corridor coordinating committee.
 101.16 	(a) A Commuter Rail Corridor Coordinating Committee shall be
101.17 	established to advise the commissioner on issues relating to the
101.18 	alternatives analysis, environmental review, advanced corridor
101.19 	planning, preliminary engineering, final design, implementation
101.20 	method, construction of commuter rail, public involvement, land
101.21 	use, service, and safety.  The Commuter Rail Corridor
101.22 	Coordinating Committee shall consist of:
101.23 	(1) one member representing each significant funding
101.24 	partner in whose jurisdiction the line or lines are located;
101.25 	(2) one member appointed by each county in which the
101.26 	corridors are located;
101.27 	(3) one member appointed by each city in which advanced
101.28 	corridor plans indicate that a station may be located;
101.29 	(4) two members appointed by the commissioner, one of whom
101.30 	shall be designated by the commissioner as the chair of the
101.31 	committee;
101.32 	(5) one member appointed by each metropolitan planning
101.33 	organization through which the commuter rail line may pass; and 
101.34 	(6) one member appointed by the president of the University
101.35 	of Minnesota, if a designated corridor provides direct service
101.36 	to the university; and 
102.1 	(7) one member appointed by the commissioner who represents
102.2 	railroad union labor.
102.3 	(b) A joint powers board existing on April 1, 1999,
102.4 	consisting of local governments along a commuter rail corridor,
102.5 	shall perform the functions set forth in paragraph (a) in place
102.6 	of the committee.
102.7 	(c) Notwithstanding section 15.059, subdivision 5, the
102.8 	committee does not expire.
102.9 	
EFFECTIVE DATE. This section is effective retroactively
102.10 	from June 30, 2003.  All actions taken in reliance on Minnesota
102.11 	Statutes, section 15.059 or 174.86, are ratified by the
102.12 	enactment of this section.

102.13 	Sec. 120. Minnesota Statutes 2004, section 192.502,
102.14 	subdivision 2, is amended to read:
102.15 		Subd. 2.Renewal of professional licenses or
102.16 	certifications , driver's license, and motor vehicle
102.17 	registration. (a) The renewal of a license or certificate of
102.18 	registration for a member of the Minnesota National Guard or
102.19 	other military reserves person who has been ordered to active
102.20 	military service and who is required by law to be licensed or
102.21 	registered in order to carry on or practice a health or other 
102.22 	trade, employment, occupation, or profession in the state is
102.23 	governed under sections 326.55 and 326.56.
102.24 	(b) The renewal of a driver's license for a person who has
102.25 	been ordered to active military service is governed under
102.26 	section 171.27.
102.27 	(c) The renewal and payment of the motor vehicle
102.28 	registration tax for a vehicle of a person who has been ordered
102.29 	to active military service is governed under section 168.031.
102.30 	
EFFECTIVE DATE. This section is effective the day
102.31 	following final enactment.

102.32 	Sec. 121. Minnesota Statutes 2004, section 197.65, is
102.33 	amended to read:
102.34 	197.65 RENEWAL OF PROFESSIONAL LICENSES OR CERTIFICATIONS ,
102.35 	DRIVER'S LICENSE, AND MOTOR VEHICLE REGISTRATION.
102.36 	(a) The renewal of a license or certificate of registration
103.1 	for a person who is serving in or has recently been separated or 
103.2 	discharged from active military service and who is required by
103.3 	law to be licensed or registered in order to carry on or
103.4 	practice a health or other trade, employment, occupation, or
103.5 	profession in the state is governed under sections 326.55 and
103.6 	326.56.
103.7 	(b) The renewal of a driver's license for a person who is
103.8 	serving in or has recently been separated or discharged from
103.9 	active military service is governed under section 171.27.
103.10 	(c) The renewal and payment of the motor vehicle
103.11 	registration tax for a vehicle of a person who is serving in or
103.12 	has recently been separated or discharged from active military
103.13 	service is governed under section 168.031.

103.14 	EFFECTIVE DATE. This section is effective the day
103.15 	following final enactment.

103.16 	Sec. 122. Minnesota Statutes 2004, section 219.166, is
103.17 	amended to read:
103.18 	219.166 ESTABLISHMENT OF QUIET ZONES.
103.19 	A county, statutory or home rule charter city, or town may
103.20 	by ordinance establish a defined apply to the Federal Railroad
103.21 	Administration for the establishment of a "quiet zone" in which
103.22 	the sounding of horns, whistles, or other audible warnings by
103.23 	locomotives is regulated or prohibited. A quiet zone
103.24 	established under this section must consist of at least one-half
103.25 	mile of railroad right-of-way.All quiet zones, regulations,
103.26 	and ordinances adopted under this section must conform to
103.27 	federal law and the regulations of the Federal Railroad
103.28 	Administration under United States Code, title 49, section 20153.

103.29 	Sec. 123. Minnesota Statutes 2004, section 219.567, is
103.30 	amended to read:
103.31 	219.567 FAILURE TO RING BELL.
103.32 	An engineer driving a locomotive on a railway who fails (1) 
103.33 	to ring the bell or sound the whistle on the locomotive, or have
103.34 	it rung or sounded, at least 80 rods from a place where the
103.35 	railway crosses a traveled road or street on the same level,
103.36 	except in cities, or (2) to continue ringing the bell or
104.1 	sounding the whistle at intervals until the locomotive and
104.2 	attached train have completely crossed the road or street,in
104.3 	accordance with Federal Railroad Administration regulations
104.4 	under United States Code, title 49, section 20153,is guilty of
104.5 	a misdemeanor.

104.6 	Sec. 124. Minnesota Statutes 2004, section 299D.08, is
104.7 	amended to read:
104.8 	299D.08 TRAFFIC CITATION QUOTA PROHIBITED.
104.9 	The State Patrol or a law enforcement agency shall not
104.10 	order, mandate, require, or suggest to a patrol trooper,
104.11 	commercial vehicle inspector, or law compliance representative 
104.12 	that the patrol trooper, inspector, or representative issue a
104.13 	certain number of traffic citations on a daily, weekly, monthly,
104.14 	quarterly, or yearly quota basis.

104.15 	Sec. 125. Minnesota Statutes 2004, section 325D.01,
104.16 	subdivision 5, is amended to read:
104.17 		Subd. 5.Cost.  The term "cost", as applied to the
104.18 	wholesale or retail vendor, means:
104.19 	(1) the actual current delivered invoice or replacement
104.20 	cost, whichever is lower, without deducting customary cash
104.21 	discounts, plus any excise or sales taxes imposed on such
104.22 	commodity, goods, wares or merchandise subsequent to the
104.23 	purchase thereof and prior to the resale thereof, plus the cost
104.24 	of doing business at that location by the vendor;
104.25 	(2) where a manufacturer publishes a list price and
104.26 	discounts, in determining such "cost" the manufacturer's
104.27 	published list price then currently in effect, less the
104.28 	published trade discount but without deducting the customary
104.29 	cash discount, plus any excise or sales taxes imposed on such
104.30 	commodity, goods, wares or merchandise subsequent to the
104.31 	purchase thereof and prior to the resale thereof, plus the cost
104.32 	of doing business by the vendor shall be prima facie evidence of
104.33 	"cost";.
104.34 	(3) for purposes of gasoline offered for sale by way of
104.35 	posted price or indicating meter by a retailer, at a retail
104.36 	location where gasoline is dispensed into passenger automobiles
105.1 	and trucks by the consumer, "cost" means the average terminal
105.2 	price on the day, at the terminal from which the most recent
105.3 	supply of gasoline delivered to the retail location was
105.4 	acquired, plus all applicable state and federal excise taxes and
105.5 	fees, plus the lesser of six percent or eight cents.
105.6 	
EFFECTIVE DATE. This section is effective the day
105.7 	following final enactment.

105.8 	Sec. 126. Minnesota Statutes 2004, section 360.013,
105.9 	subdivision 39, is amended to read:
105.10 		Subd. 39.Airport.  "Airport" means any area of land or
105.11 	water, except a restricted landing area, which is designed for
105.12 	the landing and takeoff of aircraft, whether or not facilities
105.13 	are provided for the shelter, surfacing, or repair of aircraft,
105.14 	or for receiving or discharging passengers or cargo, and all
105.15 	appurtenant areas used or suitable for airport buildings or
105.16 	other airport facilities, including facilities described in
105.17 	section 116R.02, subdivision 6, and all appurtenant
105.18 	rights-of-way, whether heretofore or hereafter established. The
105.19 	operation and maintenance of airports is an essential public
105.20 	service.

105.21 	Sec. 127. Minnesota Statutes 2004, section 360.017,
105.22 	subdivision 1, is amended to read:
105.23 		Subdivision 1.Creation; authorized disbursements.  (a)
105.24 	There is hereby created a fund to be known as the state airports
105.25 	fund.  The fund shall consist of all money appropriated to it,
105.26 	or directed to be paid into it, by the legislature.
105.27 	(b) The state airports fund shall be paid out on
105.28 	authorization of the commissioner and shall be used:
105.29 	(1) to acquire, construct, improve, maintain, and operate
105.30 	airports and other air navigation facilities;
105.31 	(2) to assist municipalities in the acquisition,
105.32 	construction, improvement, and maintenance of airports and other
105.33 	air navigation facilities;
105.34 	(3) to assist municipalities to initiate, enhance, and
105.35 	market scheduled air service at their airports;
105.36 	(4) to promote interest and safety in aeronautics through
106.1 	education and information; and
106.2 	(5) to pay the salaries and expenses of the Department of
106.3 	Transportation related to aeronautic planning, administration,
106.4 	and operation.  All allotments of money from the state airports
106.5 	fund for salaries and expenses shall be approved by the
106.6 	commissioner of finance.
106.7 	A municipality that adopts a comprehensive plan that the
106.8 	commissioner finds is incompatible with the state aviation plan
106.9 	is not eligible for assistance from the state airports fund.

106.10 	Sec. 128. Minnesota Statutes 2004, section 360.065, is
106.11 	amended by adding a subdivision to read:
106.12 		Subd. 3.Disclosure of airport zoning
106.13 	regulations. Before accepting consideration or signing an
106.14 	agreement to sell or transfer real property that is located in
106.15 	safety zone A, B, or C, excluding safety zones associated with
106.16 	an airport owned or operated by the Metropolitan Airports
106.17 	Commission, under zoning regulations adopted by the governing
106.18 	body, the seller or transferor, whether executing the agreement
106.19 	in the seller or transferor's own right, or as executor,
106.20 	administrator, assignee, trustee, or otherwise by authority of
106.21 	law, must disclose in writing to the buyer or transferee the
106.22 	existence of airport zoning regulations that affect the real
106.23 	property.

106.24 	Sec. 129. Minnesota Statutes 2004, section 473.123,
106.25 	subdivision 2a, is amended to read:
106.26 		Subd. 2a.Terms.  Following each apportionment of council
106.27 	districts, as provided under subdivision 3a, council members
106.28 	must be appointed from newly drawn districts as provided in
106.29 	subdivision 3a. At the time of appointment,each council
106.30 	member, other than the chair, must reside in the council
106.31 	district represented and must have resided in the council
106.32 	district for at least six months and in the state for at least
106.33 	one year immediately preceding the appointment.  Each council
106.34 	district must be represented by one member of the council.  The
106.35 	terms of members end with the term of the governor, except that
106.36 	all terms expire on the effective date of the next
107.1 	apportionment.  A member serves at the pleasure of the
107.2 	governor.  A member shall continue to serve the member's
107.3 	district until a successor is appointed and qualified; except
107.4 	that, following each apportionment, the member shall continue to
107.5 	serve at large until the governor appoints 16 council members,
107.6 	one from each of the newly drawn council districts as provided
107.7 	under subdivision 3a, to serve terms as provided under this
107.8 	section.  The appointment to the council must be made by the
107.9 	first Monday in March of the year in which the term ends.
107.10 	[EFFECTIVE DATE; APPLICATION.]This section applies in the
107.11 	counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
107.12 	Washington and is effective for appointments made on or after
107.13 	January 1, 2007.

107.14 	Sec. 130. Minnesota Statutes 2004, section 473.123,
107.15 	subdivision 3, is amended to read:
107.16 		Subd. 3.Membership; appointment; qualifications.  (a)
107.17 	Sixteen members must be appointed by the governor from districts
107.18 	defined by this section. At the time of appointment,each
107.19 	council member must reside in the council district
107.20 	represented and must have resided in the council district for at
107.21 	least six months and in the state for at least one year
107.22 	immediately preceding the appointment.  Each council district
107.23 	must be represented by one member of the council.
107.24 	(b) In addition to the notice required by section 15.0597,
107.25 	subdivision 4, notice of vacancies and expiration of terms must
107.26 	be published in newspapers of general circulation in the
107.27 	metropolitan area and the appropriate districts.  The governing
107.28 	bodies of the statutory and home rule charter cities, counties,
107.29 	and towns having territory in the district for which a member is
107.30 	to be appointed must be notified in writing.  The notices must
107.31 	describe the appointments process and invite participation and
107.32 	recommendations on the appointment.
107.33 	(c) The governor shall create a nominating committee,
107.34 	composed of seven metropolitan citizens appointed by the
107.35 	governor, to nominate persons for appointment to the council
107.36 	from districts.  Three of the committee members must be local
108.1 	elected officials.  Following the submission of applications as
108.2 	provided under section 15.0597, subdivision 5, the nominating
108.3 	committee shall conduct public meetings, after appropriate
108.4 	notice, to accept statements from or on behalf of persons who
108.5 	have applied or been nominated for appointment and to allow
108.6 	consultation with and secure the advice of the public and local
108.7 	elected officials.  The committee shall hold the meeting on each
108.8 	appointment in the district or in a reasonably convenient and
108.9 	accessible location in the part of the metropolitan area in
108.10 	which the district is located.  The committee may consolidate
108.11 	meetings.  Following the meetings, the committee shall submit to
108.12 	the governor a list of nominees for each appointment.  The
108.13 	governor is not required to appoint from the list.
108.14 	(d) Before making an appointment, the governor shall
108.15 	consult with all members of the legislature from the council
108.16 	district for which the member is to be appointed.
108.17 	(e) Appointments to the council are subject to the advice
108.18 	and consent of the senate as provided in section 15.066.
108.19 	(f) Members of the council must be appointed to reflect
108.20 	fairly the various demographic, political, and other interests
108.21 	in the metropolitan area and the districts.
108.22 	(g) Members of the council must be persons knowledgeable
108.23 	about urban and metropolitan affairs.
108.24 	(h) Any vacancy in the office of a council member shall
108.25 	immediately be filled for the unexpired term.  In filling a
108.26 	vacancy, the governor may forgo the requirements of paragraph
108.27 	(c) if the governor has made appointments in full compliance
108.28 	with the requirements of this subdivision within the preceding
108.29 	12 months.
108.30 	[EFFECTIVE DATE; APPLICATION.]This section applies in the
108.31 	counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
108.32 	Washington and is effective for appointments made on or after
108.33 	January 1, 2007.

108.34 	Sec. 131. Minnesota Statutes 2004, section 473.446,
108.35 	subdivision 3, is amended to read:
108.36 		Subd. 3.Certification and collection.  Each county
109.1 	treasurer shall collect and make settlement of the taxes levied
109.2 	under subdivisions 1 and 1a and section 473.4461, subdivision 2,
109.3 	with the treasurer of the council.  The levy of transit taxes
109.4 	pursuant to this section shall not affect the amount or rate of
109.5 	taxes which may be levied by any county or municipality or by
109.6 	the council for other purposes authorized by law and shall be in
109.7 	addition to any other property tax authorized by law.
109.8 	
EFFECTIVE DATE. This section is effective for taxes
109.9 	payable in 2006 and thereafter.

109.10 	Sec. 132. Minnesota Statutes 2004, section 473.4461, is
109.11 	amended to read:
109.12 	473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.
109.13 		Subdivision 1.Service expansion plan required.
 109.14 	Notwithstanding any provision of section 473.446 or any other
109.15 	law, the Metropolitan Council may not levy a tax under section
109.16 	473.446, subdivision 1, in any city or town not included in the
109.17 	transit taxing district as it existed on January 1, 2001, unless
109.18 	the council and the governing body of that city or town have
109.19 	agreed on a service expansion plan.
109.20 		Subd. 2.Contractual agreement; property tax levy.
 109.21 	Notwithstanding section 473.446, subdivision 2, the Metropolitan
109.22 	Council may enter into an agreement with a city or a town to
109.23 	join the transit taxing district.  The agreement shall describe
109.24 	the types and levels of transit services to be provided within
109.25 	the area comprising the city or town.  The agreement must
109.26 	provide that the area comprising the city or town shall be
109.27 	subject to the levy under section 473.446, subdivision 1.  If a
109.28 	city or town enters into an agreement to join the transit taxing
109.29 	district, a copy of that portion of the agreement must be filed
109.30 	with the auditor or auditors of the county or counties
109.31 	containing the city or town.
109.32 		Subd. 3.Property tax levy allowed for operations. A tax
109.33 	levied in a city or town pursuant to an agreement under
109.34 	subdivision 2 may be used to fund transit operations or to pay
109.35 	the costs of principal and interest for transit-related bonded
109.36 	debt for a period of time not to exceed four years.  After the
110.1 	four-year period, the tax levied in the city or town may be used
110.2 	only as provided under section 473.446, subdivision 1.
110.3 	
EFFECTIVE DATE. This section is effective the day
110.4 	following final enactment, for taxes payable in 2006 and
110.5 	thereafter.

110.6 	Sec. 133. Minnesota Statutes 2004, section 473.604,
110.7 	subdivision 1, is amended to read:
110.8 		Subdivision 1.Composition.  The commission consists of:
110.9 	(1) the mayor of each of the cities, or a qualified voter
110.10 	appointed by the mayor, for the term of office as mayor;
110.11 	(2) eight members, appointed by the governor from each of
110.12 	the following agency districts:
110.13 	(i) district A, consisting of council districts 1 and 2;
110.14 	(ii) district B, consisting of council districts 3 and 4;
110.15 	(iii) district C, consisting of council districts 5 and 6;
110.16 	(iv) district D, consisting of council districts 7 and 8;
110.17 	(v) district E, consisting of council districts 9 and 10;
110.18 	(vi) district F, consisting of council districts 11 and 12;
110.19 	(vii) district G, consisting of council districts 13 and
110.20 	14; and
110.21 	(viii) district H, consisting of council districts 15 and
110.22 	16.
110.23 	At the time of appointment,each member shall be a resident of
110.24 	the district represented and must have been a resident of the
110.25 	council district for at least six months and of the state for at
110.26 	least one year immediately preceding the appointment.  Before
110.27 	making an appointment, the governor shall consult with each
110.28 	member of the legislature from the district for which the member
110.29 	is to be appointed, to solicit the legislator's recommendation
110.30 	on the appointment;
110.31 	(3) four members appointed by the governor from outside of
110.32 	the metropolitan area to reflect fairly the various regions and
110.33 	interests throughout the state that are affected by the
110.34 	operation of the commission's major airport and airport system.
110.35 	Two of these members must be residents of statutory or home rule
110.36 	charter cities, towns, or counties containing an airport
111.1 	designated by the commissioner of transportation as a key
111.2 	airport.  The other two must be residents of statutory or home
111.3 	rule charter cities, towns, or counties containing an airport
111.4 	designated by the commissioner of transportation as an
111.5 	intermediate airport.  The members must be appointed by the
111.6 	governor as follows:  one for a term of one year, one for a term
111.7 	of two years, one for a term of three years, and one for a term
111.8 	of four years.  All of the terms start on July 1, 1989.  The
111.9 	successors of each member must be appointed to four-year terms
111.10 	commencing on the first Monday in January of each fourth year
111.11 	after the expiration of the original term.  Before making an
111.12 	appointment, the governor shall consult each member of the
111.13 	legislature representing the municipality or county from which
111.14 	the member is to be appointed, to solicit the legislator's
111.15 	recommendation on the appointment; and
111.16 	(4) a chair appointed by the governor for a term of four
111.17 	years.  The chair may be removed at the pleasure of the governor.
111.18 	[EFFECTIVE DATE; APPLICATION.]This section applies in the
111.19 	counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
111.20 	Washington and is effective for appointments made on or after
111.21 	January 1, 2007.

111.22 	Sec. 134. Minnesota Statutes 2004, section 515B.1-107, is
111.23 	amended to read:
111.24 	515B.1-107 EMINENT DOMAIN.
111.25 	(a) If a unit is acquired by eminent domain, or if part of
111.26 	a unit is acquired by eminent domain leaving the unit owner with
111.27 	a remnant which may not practically or lawfully be used for any
111.28 	material purpose permitted by the declaration, the award shall
111.29 	compensate the unit owner and secured party in the unit as their
111.30 	interests may appear, whether or not any common element interest
111.31 	is acquired.  Upon acquisition, unless the order or final
111.32 	certificate otherwise provides, that unit's allocated interests
111.33 	are automatically reallocated among the remaining units in
111.34 	proportion to their respective allocated interests prior to the
111.35 	taking, and the association shall promptly prepare, execute, and
111.36 	record an amendment to the declaration reflecting the
112.1 	allocations.  Any remnant of a unit remaining after part of a
112.2 	unit is taken under this subsection is thereafter a common
112.3 	element.
112.4 	(b) Except as provided in subsection (a), if part of a unit
112.5 	is acquired by eminent domain, the award shall compensate the
112.6 	unit owner and secured party for the reduction in value of the
112.7 	unit and its interest in the common elements, whether or not any
112.8 	common elements are acquired.  Upon acquisition, unless the
112.9 	order or final certificate otherwise provides, (i) that unit's
112.10 	allocated interests are reduced in proportion to the reduction
112.11 	in the size of the unit, or on any other basis specified in the
112.12 	declaration and (ii) the portion of the allocated interests
112.13 	divested from the partially acquired unit are automatically
112.14 	reallocated to that unit and to the remaining units in
112.15 	proportion to the respective allocated interests of those units
112.16 	before the taking, with the partially acquired unit
112.17 	participating in the reallocation on the basis of its reduced
112.18 	allocated interests.
112.19 	(c) If part of the common elements is acquired by eminent
112.20 	domain, the association shall accept service of process on
112.21 	behalf of all unit owners and the portion of the award
112.22 	attributable to the common elements taken shall be paid to the
112.23 	association.  Unless the declaration provides otherwise, any
112.24 	portion of the award attributable to the acquisition of a
112.25 	limited common element shall be equally divided among the owners
112.26 	of the units to which that limited common element was allocated
112.27 	at the time of acquisition and their secured parties, as their
112.28 	interests may appear or as provided by the declaration.
112.29 	(d) In any eminent domain proceeding the units shall be
112.30 	treated as separate parcels of real estate for valuation
112.31 	purposes, regardless of the number of units subject to the
112.32 	proceeding.
112.33 	(e) Any distribution to a unit owner from the proceeds of
112.34 	an eminent domain award shall be subject to any limitations
112.35 	imposed by the declaration or bylaws.
112.36 	(f) The court order or final certificate containing the
113.1 	final awards shall be recorded in every county in which any
113.2 	portion of the common interest community is located.

113.3 	Sec. 135. Minnesota Statutes 2004, section 515B.3-102, is
113.4 	amended to read:
113.5 	515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
113.6 	(a) Except as provided in subsection (b), and subject to
113.7 	the provisions of the declaration or bylaws, the association
113.8 	shall have the power to:
113.9 	(1) adopt, amend and revoke rules and regulations not
113.10 	inconsistent with the articles of incorporation, bylaws and
113.11 	declaration, as follows:  (i) regulating the use of the common
113.12 	elements; (ii) regulating the use of the units, and conduct of
113.13 	unit occupants, which may jeopardize the health, safety or
113.14 	welfare of other occupants, which involves noise or other
113.15 	disturbing activity, or which may damage the common elements or
113.16 	other units; (iii) regulating or prohibiting animals; (iv)
113.17 	regulating changes in the appearance of the common elements and
113.18 	conduct which may damage the common interest community; (v)
113.19 	regulating the exterior appearance of the common interest
113.20 	community, including, for example, balconies and patios, window
113.21 	treatments, and signs and other displays, regardless of whether
113.22 	inside a unit; (vi) implementing the articles of incorporation,
113.23 	declaration and bylaws, and exercising the powers granted by
113.24 	this section; and (vii) otherwise facilitating the operation of
113.25 	the common interest community;
113.26 	(2) adopt and amend budgets for revenues, expenditures and
113.27 	reserves, and levy and collect assessments for common expenses
113.28 	from unit owners;
113.29 	(3) hire and discharge managing agents and other employees,
113.30 	agents, and independent contractors;
113.31 	(4) institute, defend, or intervene in litigation or
113.32 	administrative proceedings (i) in its own name on behalf of
113.33 	itself or two or more unit owners on matters affecting the
113.34 	common elements or other matters affecting the common interest
113.35 	community or, (ii) with the consent of the owners of the
113.36 	affected units on matters affecting only those units;
114.1 	(5) make contracts and incur liabilities;
114.2 	(6) regulate the use, maintenance, repair, replacement and
114.3 	modification of the common elements and the units;
114.4 	(7) cause improvements to be made as a part of the common
114.5 	elements, and, in the case of a cooperative, the units;
114.6 	(8) acquire, hold, encumber, and convey in its own name any
114.7 	right, title, or interest to real estate or personal property,
114.8 	but (i) common elements in a condominium or planned community
114.9 	may be conveyed or subjected to a security interest only
114.10 	pursuant to section 515B.3-112, or (ii) part of a cooperative
114.11 	may be conveyed, or all or part of a cooperative may be
114.12 	subjected to a security interest, only pursuant to section
114.13 	515B.3-112;
114.14 	(9) grant public utility and transportation easements
114.15 	through, over or under the common elements, and, subject to
114.16 	approval by resolution of unit owners other than declarant or
114.17 	its affiliates at a meeting duly called, grant other public or
114.18 	private easements, leases and licenses through, over or under
114.19 	the common elements;
114.20 	(10) impose and receive any payments, fees, or charges for
114.21 	the use, rental, or operation of the common elements, other than
114.22 	limited common elements, and for services provided to unit
114.23 	owners;
114.24 	(11) impose charges for late payment of assessments and,
114.25 	after notice and an opportunity to be heard, levy reasonable
114.26 	fines for violations of the declaration, bylaws, and rules and
114.27 	regulations of the association;
114.28 	(12) impose reasonable charges for the review, preparation
114.29 	and recordation of amendments to the declaration, resale
114.30 	certificates required by section 515B.4-107, statements of
114.31 	unpaid assessments, or furnishing copies of association records;
114.32 	(13) provide for the indemnification of its officers and
114.33 	directors, and maintain directors' and officers' liability
114.34 	insurance;
114.35 	(14) provide for reasonable procedures governing the
114.36 	conduct of meetings and election of directors;
115.1 	(15) exercise any other powers conferred by law, or by the
115.2 	declaration, articles of incorporation or bylaws; and
115.3 	(16) exercise any other powers necessary and proper for the
115.4 	governance and operation of the association.
115.5 	(b) Notwithstanding subsection (a) the declaration or
115.6 	bylaws may not impose limitations on the power of the
115.7 	association to deal with the declarant which are more
115.8 	restrictive than the limitations imposed on the power of the
115.9 	association to deal with other persons.

115.10 	Sec. 136. PROPERTY IN SAFETY ZONE.
 115.11 		Subdivision 1.Duty of metropolitan airports commission.
 115.12 	Notwithstanding any contrary law in this chapter, Minnesota
115.13 	Rules, part 8800.2400, or any other administrative order, the
115.14 	Metropolitan Airports Commission, upon receipt of an offer
115.15 	described in subdivision 2, shall purchase real property from an
115.16 	owner of property:
115.17 	(1) that is located at the south end of Runway 17-35 at the
115.18 	Minneapolis-St. Paul International Airport;
115.19 	(2) that is located in the original safety zone A within
115.20 	the meaning of Minnesota Rules, 8800.2400, subpart 5;
115.21 	(3) more than 50 percent of the acreage of which is within
115.22 	500 feet of either side of the extended runway centerline of
115.23 	Runway 17-35;
115.24 	(4) that is located within 5,000 feet of the end of Runway
115.25 	17-35 and thus is eligible for partial reimbursement under
115.26 	Federal Aviation Administration Order 5100.38B, January 2004;
115.27 	and 
115.28 	(5) that meets or exceeds the density requirements set
115.29 	forth in Minnesota Rules, 8800.2400, subpart 6, item C.
115.30 		Subd. 2.Offer to sell property. Within 45 days of the
115.31 	effective date of this section, an owner of property described
115.32 	in subdivision 1, in order to compel the commission to acquire
115.33 	the property, shall provide to the commission a written offer to
115.34 	sell the property at a stated price and on terms stated in the
115.35 	offer.
115.36 		Subd. 3.Acquisition. Upon receipt of the offer
116.1 	described in subdivision 2, the commission shall negotiate in
116.2 	good faith for the acquisition of the property.  If the parties
116.3 	fail to reach agreement within 60 days of delivery of the offer,
116.4 	the commission shall proceed as an acquiring authority under
116.5 	Minnesota Statutes, section 117.036, to acquire the property.
116.6 	If the owner and commission have not reached agreement on
116.7 	acquisition price and terms, within 120 days of receipt of the
116.8 	initial offer, the commission shall commence eminent domain
116.9 	proceedings under chapter 117.
116.10 		Subd. 4.Commission reimbursement. The commission shall
116.11 	seek reimbursement from the Federal Aviation Administration for
116.12 	its costs in acquiring the property under all applicable
116.13 	programs, including Federal Aviation Administration Order
116.14 	5100.38B, January 2004.
116.15 	
EFFECTIVE DATE. This section is effective the day
116.16 	following final enactment.

116.17 	Sec. 137. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES
116.18 	AND DRIVER'S LICENSE AGENT FOR HENNEPIN COUNTY.
 116.19 	Notwithstanding Minnesota Statutes, section 168.33, and
116.20 	rules adopted by the commissioner of public safety, limiting
116.21 	sites for the office of deputy registrar based on either the
116.22 	distance to an existing deputy registrar office or the annual
116.23 	volume of transactions processed by any deputy registrar within
116.24 	Hennepin County before or after the proposed appointment, the
116.25 	commissioner of public safety shall appoint a new deputy
116.26 	registrar of motor vehicles and driver's license agent for
116.27 	Hennepin County to operate a new full-service Office of Deputy
116.28 	Registrar, with full authority to function as a registration and
116.29 	motor vehicle tax collection and driver's license bureau, at the
116.30 	Midtown Exchange Building in the city of Minneapolis.  All other
116.31 	provisions regarding the appointment and operation of a deputy
116.32 	registrar of motor vehicles and driver's license agent under
116.33 	Minnesota Statutes, sections 168.33 and 171.061, and Minnesota
116.34 	Rules, chapter 7406, apply to the office.

116.35 	EFFECTIVE DATE. This section is effective the day
116.36 	following final enactment.

117.1 	Sec. 138. WETLAND REPLACEMENT REQUIREMENT EXEMPTION.
 117.2 	Notwithstanding any law to the contrary, due to the
117.3 	construction of a trail in or near the city of Cologne on type I
117.4 	and type III wetlands in the area between the improved portion
117.5 	of marked State Highway 284 and Benton Lake, wetland replacement
117.6 	is eligible for replacement under Minnesota Statutes, section
117.7 	103G.222, subdivision 1, paragraph (l).

117.8 	Sec. 139. DEPUTY REGISTRAR AND DRIVER'S LICENSE AGENT
117.9 	APPOINTMENT.
 117.10 	Notwithstanding any restriction in law or rule concerning
117.11 	proximity of deputy motor vehicle registrar offices or predicted
117.12 	number of annual applications processed, the commissioner of
117.13 	public safety shall appoint the auditor of Carver County as a
117.14 	deputy motor vehicle registrar and driver's license agent in the
117.15 	city of Chanhassen.  All provisions of Minnesota Statutes,
117.16 	sections 168.33 and 171.061, not inconsistent with this section,
117.17 	apply to the appointments under this section.

117.18 	Sec. 140. CHILD PASSENGER RESTRAINT LAW AWARENESS
117.19 	CAMPAIGN.
 117.20 	The commissioner of public safety shall conduct a child
117.21 	passenger restraint law awareness campaign by developing and
117.22 	distributing education materials, making public service
117.23 	announcements through mass media throughout the state, and
117.24 	implementing other education and awareness activities to educate
117.25 	the public about state laws concerning child restraint in
117.26 	vehicles and to inform individuals in financial need how to
117.27 	obtain child restraint systems at no cost.

117.28 	Sec. 141. MAXIMUM SPEED IN CITY OF ORR.
 117.29 	In order to eliminate or reduce local safety hazards, a
117.30 	railway corporation may not permit a train to be operated at a
117.31 	speed in excess of 30 miles per hour while any portion of the
117.32 	engine or train is within the limits of the city of Orr in St.
117.33 	Louis County.
117.34 	[EFFECTIVE DATE; LOCAL APPROVAL.]This section is effective
117.35 	the day after the governing body of the city of Orr and its
117.36 	chief clerical officer comply with Minnesota Statutes, section
118.1 	645.021, subdivisions 2 and 3.

118.2 	Sec. 142. CHANGEABLE MESSAGE SIGN ON U.S. HIGHWAY 2.
 118.3 	The commissioner of transportation shall erect and operate
118.4 	a changeable message sign on U.S. Highway 2, on the approach to
118.5 	the Richard I. Bong Bridge in the city of Duluth.

118.6 	Sec. 143. RAMP METERS DEACTIVATED.
 118.7 	(a) Based on the "Twin Cities Ramp Meter Evaluation,"
118.8 	published pursuant to Laws 2000, chapter 479, article 1, section
118.9 	8, on pertinent camera-surveillance observations of the Traffic
118.10 	Management Center, and on other traffic management evaluations
118.11 	and findings of the Department of Transportation, the
118.12 	commissioner of transportation shall deactivate, by August 1,
118.13 	2005, the 100 access ramp meters in the seven-county
118.14 	metropolitan area found by the commissioner to be the least
118.15 	effective or beneficial in cost and time for controlling traffic
118.16 	congestion.
118.17 	(b) On August 1, 2005, any money appropriated for the
118.18 	operation and support of those 100 meters cancels to the fund
118.19 	from which appropriated.

118.20 	EFFECTIVE DATE. This section is effective the day
118.21 	following final enactment.

118.22 	Sec. 144. SUSPENSION OF PROGRAM TO VERIFY INSURANCE
118.23 	COVERAGE THROUGH SAMPLING.
 118.24 	The commissioner of public safety shall take no action
118.25 	under Minnesota Statutes, section 169.796, subdivision 3, and
118.26 	shall discontinue all activities related to the program to
118.27 	verify insurance coverage through sampling, except as provided
118.28 	in sections 144 to 151.

118.29 	Sec. 145. REINSTATEMENT OF SUSPENDED LICENSES.
 118.30 	The commissioner, without requiring proof of insurance or
118.31 	payment of a reinstatement fee, shall reinstate the driver's
118.32 	license of every vehicle owner whose license is suspended under
118.33 	Minnesota Statutes, section 169.796, subdivision 3, retroactive
118.34 	to the date of the suspension.  The commissioner shall promptly
118.35 	refund any such reinstatement fees previously paid.

118.36 	Sec. 146. DISMISSAL OF CHARGES.
 119.1 	All charges, complaints, and citations issued for a
119.2 	violation of Minnesota Statutes, section 169.796, subdivision 3,
119.3 	or a related violation, including driving after a license
119.4 	suspension imposed for failure to comply with the provisions of
119.5 	Minnesota Statutes, section 169.796, subdivision 3, are void and
119.6 	must be dismissed.

119.7 	Sec. 147. REMOVAL OF PREVIOUS VIOLATIONS.
 119.8 	The commissioner shall purge from a person's driving record
119.9 	any notation of a violation of Minnesota Statutes, section
119.10 	169.796, subdivision 3, and any notation of a related suspension
119.11 	or violation, including driving after a license suspension
119.12 	imposed for failure to comply with the provisions of Minnesota
119.13 	Statutes, section 169.796, subdivision 3.  An insurer may not
119.14 	increase a premium for a policy of vehicle insurance on the
119.15 	basis of a violation described in this section by a named
119.16 	insured if the violation occurred before the effective date of
119.17 	this section, and any such increase previously imposed must be
119.18 	rescinded and any related premium increase promptly refunded.

119.19 	Sec. 148. REMEDIATION FOR CONVICTIONS.
 119.20 	A court in which a conviction for an offense referred to in
119.21 	section 146 occurred, must vacate the conviction, on its own
119.22 	motion, without cost to the person convicted, and must
119.23 	immediately notify the person that the conviction has been
119.24 	vacated.

119.25 	Sec. 149. REMEDIATION BY INSURERS.
 119.26 	(a) Insurers that issue or renew motor vehicle insurance in
119.27 	this state shall, within 60 days after the effective date of
119.28 	this section, inform the commissioner of commerce as to whether
119.29 	it has canceled, failed to renew, denied an application for
119.30 	coverage, or imposed a surcharge on any motor vehicle insurance
119.31 	due to a suspension or conviction as a result of the law
119.32 	referenced in section 144, provide a list of any such persons,
119.33 	and indicate for each person the remediation the insurer intends
119.34 	to provide.
119.35 	(b) Remediation under paragraph (a) must compensate the
119.36 	victim by providing refunds and reinstatements of coverage.
120.1 	(c) Insurers shall provide the remediation without
120.2 	requiring that the person make a request for remediation.
120.3 	(d) The commissioner of commerce shall enforce this section
120.4 	under its general enforcement powers under Minnesota Statutes,
120.5 	chapter 45.

120.6 	Sec. 150. REPORT.
 120.7 	The commissioner of public safety shall report to the
120.8 	chairs of the house of representatives and senate committees
120.9 	with jurisdiction over transportation policy and finance by
120.10 	September 1, 2007, concerning the operation of the vehicle
120.11 	insurance verification program, and the impact of the program on
120.12 	the identification and number of uninsured motorists.

120.13 	Sec. 151. PUBLIC SAFETY FUNDING.
 120.14 	The commissioner of public safety shall use unspent funds
120.15 	appropriated for purposes of administering Minnesota Statutes,
120.16 	section 169.796, subdivision 3, to carry out the provisions of
120.17 	sections 145 and 147.  Funds remaining at the conclusion of
120.18 	fiscal year 2005 may be carried over to fiscal year 2006 until
120.19 	expended, to complete the required provisions of sections 145
120.20 	and 147.

120.21 	Sec. 152. FLOODWOOD SAFETY REST AREA.
 120.22 	Notwithstanding Minnesota Statutes, section 160.2725,
120.23 	subdivisions 1 and 5, or other lease or agreement to the
120.24 	contrary, the operator of the safety rest area in the city of
120.25 	Floodwood may sell nonalcoholic beverages and snack foods.  This
120.26 	provision may not be waived by contract or other agreement.

120.27 	Sec. 153. MITIGATION REQUIRED.
 120.28 	The Metropolitan Airports Commission shall adopt the
120.29 	recommendation of the Noise Oversight Committee dated March 26,
120.30 	2004, which provides that homes within the 62 DNL noise contour
120.31 	and greater on the 2007 Part 150 Noise Exposure Map will receive
120.32 	the five-decibel reduction insulation package based upon the
120.33 	block intersect method, and that homes within the 60 and 61 DNL
120.34 	noise contours will receive a sound insulation package with a
120.35 	cost not to exceed $13,500 per home based upon the block
120.36 	intersect method.  The Metropolitan Airports Commission shall
121.1 	establish a schedule to ensure completion of the required
121.2 	insulation by December 31, 2010.

121.3 	Sec. 154. WHEELCHAIR SECUREMENT POSITION TEMPORARY
121.4 	EXEMPTION.
 121.5 	Notwithstanding any contrary provisions in Minnesota
121.6 	Statutes, chapter 299A, or Minnesota Rules, chapter 7450,
121.7 	enrolled participants in the National Veterans Wheelchair Games
121.8 	may be transported in transit vehicles in side-facing positions.
121.9 	Transportation services and operators of transit vehicles, when
121.10 	they are providing transportation to enrolled participants in
121.11 	the National Veterans Wheelchair Games in the counties of
121.12 	Hennepin and Ramsey, are exempt from statutes and rules insofar
121.13 	as they prohibit transportation of wheelchair users in
121.14 	side-facing positions.  This exemption is effective on June 26,
121.15 	2005, and expires on July 3, 2005.

121.16 	Sec. 155. RULE CHANGE; INSTRUCTION TO REVISOR.
 121.17 	The revisor of statutes shall change Minnesota Rules, part
121.18 	8820.3300, subpart 2, to require that comments be directed to
121.19 	the commissioner of transportation in conformity with the same
121.20 	period allowed for written objections to be received by the
121.21 	commissioner under this act's amendments to Minnesota Statutes
121.22 	2004, sections 162.02, subdivision 3a, and 162.09, subdivision
121.23 	3a.  The rule change is effective the same day as the effective
121.24 	date of this act's amendments to Minnesota Statutes 2004,
121.25 	sections 162.02, subdivision 3a, and 162.09, subdivision 3a.

121.26 	Sec. 156. INSTRUCTION TO REVISOR.
 121.27 	The revisor of statutes shall renumber each section of
121.28 	Minnesota Statutes in column A with the number in column B.  The
121.29 	revisor shall also make any necessary cross-reference changes.
121.30 	Column A Column B 
121.31 	170.24 169.09, subdivision 14a 
121.32 	170.54 169.09, subdivision 5a 

121.33 	Sec. 157. REPEALER.
 121.34 	(a) Minnesota Statutes 2004, sections 168.011, subdivision
121.35 	19; 168.15, subdivision 2; 169.09, subdivision 10; 170.55; and
121.36 	171.165, subdivisions 3, 4, 4a, and 4b, are repealed.
122.1 	(b) Minnesota Statutes 2004, sections 325D.01, subdivisions
122.2 	11 and 12; and 325D.71, are repealed.
122.3 	(c)  Minnesota Statutes 2004, sections 168.831, 168.832,
122.4 	168.833, 168.834, 168.835, 168.836, and 168.837, are repealed.
122.5 	(d) Minnesota Rules, part 7503.2400, is repealed.

122.6 	EFFECTIVE DATE. Paragraph (b) of this section is
122.7 	effective the day following final enactment.

122.8 	ARTICLE 2
122.9 	TECHNICAL CORRECTIONS

122.10 	Section 1. Minnesota Statutes 2004, section 296A.07,
122.11 	subdivision 3, as amended by 2005 H.F. No. 2461, article 3,
122.12 	section 3, if enacted, is amended to read:
122.13 		Subd. 3.Rate of tax.  The gasoline excise tax is imposed
122.14 	at the following rates:
122.15 	(1) E85 is taxed at the rate of 17.75 cents per gallon
122.16 	until May 31, 2006 2007, and 21.3 cents per gallon thereafter;
122.17 	(2) M85 is taxed at the rate of 14.25 cents per gallon
122.18 	until May 31, 2006 2007, and 17.1 cents per gallon thereafter;
122.19 	and
122.20 	(3) all other gasoline is taxed at the rate of 25 cents per
122.21 	gallon until May 31, 2006 2007, and 30 cents per gallon
122.22 	thereafter.
122.23 	
EFFECTIVE DATE. This section is effective June 1, 2005,
122.24 	and applies to all gasoline in distributor storage on that date.

122.25 	Sec. 2. Minnesota Statutes 2004, section 296A.08,
122.26 	subdivision 2, as amended by 2005 H.F. No. 2461, article 3,
122.27 	section 4, if enacted, is amended to read:
122.28 		Subd. 2.Rate of tax.  The special fuel excise tax is
122.29 	imposed at the following rates:
122.30 	(a) Liquefied petroleum gas or propane is taxed at the rate
122.31 	of 18.75 cents per gallon until May 31, 2006 2007, and 22.5
122.32 	cents per gallon thereafter.
122.33 	(b) Liquefied natural gas is taxed at the rate of 15 cents
122.34 	per gallon until May 31, 2006 2007, and 18 cents per gallon
122.35 	thereafter.
122.36 	(c) Compressed natural gas is taxed at the following
123.1 	rates:  $2.174 per thousand cubic feet, or 25 cents per gasoline
123.2 	equivalent, until May 31, 2006 2007, and $2.609 per thousand
123.3 	cubic feet, or 30 cents per gasoline equivalent thereafter.  For
123.4 	purposes of this paragraph "gasoline equivalent," as defined by
123.5 	the National Conference on Weights and Measures, is 5.66 pounds
123.6 	of natural gas.
123.7 	(d) All other special fuel is taxed at the same rate as the
123.8 	gasoline excise tax as specified in section 296A.07, subdivision
123.9 	2.  The tax is payable in the form and manner prescribed by the
123.10 	commissioner.
123.11 	
EFFECTIVE DATE. This section is effective June 1, 2005,
123.12 	and applies to all special fuels in distributor storage on that
123.13 	date.

123.14 	Sec. 3. Minnesota Statutes 2004, section 297A.94, as
123.15 	amended by 2005 H.F. No. 2461, article 3, section 5, if enacted,
123.16 	is amended to read:
123.17 	297A.94 DEPOSIT OF REVENUES.
123.18 	(a) Except as provided in this section, the commissioner
123.19 	shall deposit the revenues, including interest and penalties,
123.20 	derived from the taxes imposed by this chapter in the state
123.21 	treasury and credit them to the general fund.
123.22 	(b) The commissioner shall deposit taxes in the Minnesota
123.23 	agricultural and economic account in the special revenue fund if:
123.24 	(1) the taxes are derived from sales and use of property
123.25 	and services purchased for the construction and operation of an
123.26 	agricultural resource project; and
123.27 	(2) the purchase was made on or after the date on which a
123.28 	conditional commitment was made for a loan guaranty for the
123.29 	project under section 41A.04, subdivision 3. The commissioner of
123.30 	finance shall certify to the commissioner the date on which the
123.31 	project received the conditional commitment.  The amount
123.32 	deposited in the loan guaranty account must be reduced by any
123.33 	refunds and by the costs incurred by the Department of Revenue
123.34 	to administer and enforce the assessment and collection of the
123.35 	taxes.
123.36 	(c) The commissioner shall deposit the revenues, including
124.1 	interest and penalties, derived from the taxes imposed on sales
124.2 	and purchases included in section 297A.61, subdivision 3,
124.3 	paragraph (g), clauses (1) and (4), in the state treasury, and
124.4 	credit them as follows:
124.5 	(1) first to the general obligation special tax bond debt
124.6 	service account in each fiscal year the amount required by
124.7 	section 16A.661, subdivision 3, paragraph (b); and
124.8 	(2) after the requirements of clause (1) have been met, the
124.9 	balance to the general fund.
124.10 	(d) The commissioner shall deposit the revenues, including
124.11 	interest and penalties, collected under section 297A.64,
124.12 	subdivision 5, in the state treasury and credit them to the
124.13 	general fund.  By July 15 of each year the commissioner shall
124.14 	transfer to the highway user tax distribution fund an amount
124.15 	equal to the excess fees collected under section 297A.64,
124.16 	subdivision 5, for the previous calendar year.
124.17 	(e) For fiscal year 2001, 97 percent; for fiscal years 2002
124.18 	and 2003, 87 percent; and for fiscal year 2004 and thereafter,
124.19 	87.1 72.43 percent of the revenues, including interest and
124.20 	penalties, transmitted to the commissioner under section
124.21 	297A.65, must be deposited by the commissioner in the state
124.22 	treasury as follows:
124.23 	(1) 50 percent of the receipts must be deposited in the
124.24 	heritage enhancement account in the game and fish fund, and may
124.25 	be spent only on activities that improve, enhance, or protect
124.26 	fish and wildlife resources, including conservation,
124.27 	restoration, and enhancement of land, water, and other natural
124.28 	resources of the state;
124.29 	(2) 22.5 percent of the receipts must be deposited in the
124.30 	natural resources fund, and may be spent only for state parks
124.31 	and trails;
124.32 	(3) 22.5 percent of the receipts must be deposited in the
124.33 	natural resources fund, and may be spent only on metropolitan
124.34 	park and trail grants;
124.35 	(4) three percent of the receipts must be deposited in the
124.36 	natural resources fund, and may be spent only on local trail
125.1 	grants; and
125.2 	(5) two percent of the receipts must be deposited in the
125.3 	natural resources fund, and may be spent only for the Minnesota
125.4 	Zoological Garden, the Como Park Zoo and Conservatory, and the
125.5 	Duluth Zoo.
125.6 	(f) The revenue dedicated under paragraph (e) may not be
125.7 	used as a substitute for traditional sources of funding for the
125.8 	purposes specified, but the dedicated revenue shall supplement
125.9 	traditional sources of funding for those purposes.  Land
125.10 	acquired with money deposited in the game and fish fund under
125.11 	paragraph (e) must be open to public hunting and fishing during
125.12 	the open season, except that in aquatic management areas or on
125.13 	lands where angling easements have been acquired, fishing may be
125.14 	prohibited during certain times of the year and hunting may be
125.15 	prohibited.  At least 87 percent of the money deposited in the
125.16 	game and fish fund for improvement, enhancement, or protection
125.17 	of fish and wildlife resources under paragraph (e) must be
125.18 	allocated for field operations.
125.19 	(g) Of the revenues that the commissioner determines are
125.20 	derived from sales and use in the counties of Anoka,
125.21 	Carver, Chisago,Dakota, Hennepin, Ramsey, Scott, and
125.22 	Washington, the commissioner shall deposit 3.08 percent into the
125.23 	metropolitan area transit fund created in section 16A.88,
125.24 	subdivision 2, and .77 percent into the greater Minnesota
125.25 	transit fund created under section 16A.88, subdivision 1.

125.26 	EFFECTIVE DATE. This section is effective July 1, 2005.

125.27 	Sec. 4. Minnesota Statutes 2004, section 297B.09,
125.28 	subdivision 1, as amended by 2005 H.F. No. 2461, article 3,
125.29 	section 6, if enacted, is amended to read:
125.30 		Subdivision 1.Deposit of revenues.  (a) Money collected
125.31 	and received under this chapter must be deposited as provided in
125.32 	this subdivision.
125.33 	(b) From July 1, 2002, to June 30, 2003, 32 percent of the
125.34 	money collected and received must be deposited in the highway
125.35 	user tax distribution fund, 20.5 percent must be deposited in
125.36 	the metropolitan area transit fund under section 16A.88, and
126.1 	1.25 percent must be deposited in the greater Minnesota transit
126.2 	fund under section 16A.88.  The remaining money must be
126.3 	deposited in the general fund.
126.4 	(c) From July 1, 2003, to June 30, 2005 2007, 30 percent
126.5 	must be deposited in the highway user tax distribution fund,
126.6 	21.5 percent must be deposited in the metropolitan area transit
126.7 	fund under section 16A.88, 1.43 percent must be deposited in the
126.8 	greater Minnesota transit fund under section 16A.88, 0.65
126.9 	percent must be deposited in the county state-aid highway fund,
126.10 	and 0.17 percent must be deposited in the municipal state-aid
126.11 	street fund.  The remaining money must be deposited in the
126.12 	general fund.
126.13 	(d) From July 1, 2007, to June 30, 2008, 38.25 percent must
126.14 	be deposited in the highway user tax distribution fund, 24.225
126.15 	percent must be deposited in the metropolitan area transit fund
126.16 	under section 16A.88, and 1.275 percent must be deposited in the
126.17 	greater Minnesota transit fund under section 16A.88.  The
126.18 	remaining money must be deposited in the general fund.
126.19 	(e) From July 1, 2008, to June 30, 2009, 44.25 percent must
126.20 	be deposited in the highway user tax distribution fund, 28.025
126.21 	percent must be deposited in the metropolitan area transit fund
126.22 	under section 16A.88, and 1.475 percent must be deposited in the
126.23 	greater Minnesota transit fund under section 16A.88.  The
126.24 	remaining money must be deposited in the general fund.
126.25 	(f) From July 1, 2009, to June 30, 2010, 50.25 percent must
126.26 	be deposited in the highway user tax distribution fund, 31.825
126.27 	percent must be deposited in the metropolitan area transit fund
126.28 	under section 16A.88, and 1.675 percent must be deposited in the
126.29 	greater Minnesota transit fund under section 16A.88.  The
126.30 	remaining money must be deposited in the general fund.
126.31 	(g) From July 1, 2010, to June 30, 2011, 56.25 percent must
126.32 	be deposited in the highway user tax distribution fund, 35.625
126.33 	percent must be deposited in the metropolitan area transit fund
126.34 	under section 16A.88, and 1.875 percent must be deposited in the
126.35 	greater Minnesota transit fund under section 16A.88.  The
126.36 	remaining money must be deposited in the general fund.
127.1 	(h) On and after July 1, 2011, 60 percent must be deposited
127.2 	in the highway user tax distribution fund, 38 percent must be
127.3 	deposited in the metropolitan area transit fund under section
127.4 	16A.88, and two percent must be deposited in the greater
127.5 	Minnesota transit fund under section 16A.88.  The remaining
127.6 	money must be deposited in the general fund.
127.7 	(i) Notwithstanding any other law, the commissioner shall
127.8 	in fiscal years 2006 through 2009 reduce the amount that would
127.9 	be distributed to the trunk highway fund from the amount
127.10 	deposited in the highway user tax distribution fund under this
127.11 	section by the following amounts, and shall transfer the amount
127.12 	so reduced to the general fund:
127.13 	(1) in fiscal year 2006, $100,200,000;
127.14 	(2) in fiscal year 2007, $103,600,000;
127.15 	(3) in fiscal year 2008, $106,000,000; and
127.16 	(4) in fiscal year 2009, $109,700,000.
127.17 	
EFFECTIVE DATE. This section is effective July 1, 2005.

127.18 	Sec. 5. EFFECTIVE DATE.
 127.19 	Sections 1 to 4 are effective on the date indicated for
127.20 	each section if 2005 H.F. No. 2461 is enacted.