1.1 	A bill for an act
1.2 	relating to public safety; modifying motor vehicle,
1.3 	traffic regulation, and driver's license provisions
1.4 	relating to commercial motor vehicles; making
1.5 	technical and clarifying changes; modifying
1.6 	definitions of recreational vehicle, motor home,
1.7 	state, and tank vehicle; prohibiting issuance of
1.8 	identification card to holder of driving instruction
1.9 	permit; modifying driver's license classifications,
1.10 	restrictions, exceptions, records, and exemptions;
1.11 	modifying driver records provisions; modifying
1.12 	provisions relating to Department of Transportation
1.13 	property transactions, use of high-occupancy vehicle
1.14 	lanes, motor vehicle registration, traffic
1.15 	regulations, day activity center buses, vehicle weight
1.16 	limitations and permits, aeronautics and airports, the
1.17 	commuter rail corridor committee, railroads, transit,
1.18 	deputy motor vehicle registrars, the vehicle insurance
1.19 	verification sampling program, the National Veterans
1.20 	Wheelchair Games, and town road signs; incorporating
1.21 	federal regulations; making technical and clarifying
1.22 	changes; amending Minnesota Statutes 2004, sections
1.23 	13.44, subdivision 3; 16B.49; 117.036; 160.93,
1.24 	subdivision 4; 161.14, by adding a subdivision;
1.25 	162.02, subdivisions 2, 3a; 162.09, subdivisions 2,
1.26 	3a; 162.14, subdivision 6; 168.011, subdivisions 3, 4,
1.27 	5, 5a, 6, 7, 25, by adding subdivisions; 168.012,
1.28 	subdivision 1; 168.031; 168.091, subdivision 1;
1.29 	168.12, subdivisions 2a, 2b; 168.123, subdivisions 1,
1.30 	2, 4; 168.1293, subdivision 5; 168.16; 168.185;
1.31 	168.27, by adding a subdivision; 168.31, subdivision
1.32 	5; 168A.20, by adding a subdivision; 169.01,
1.33 	subdivisions 75, 76, by adding a subdivision; 169.06,
1.34 	subdivisions 5, 6; 169.09, subdivisions 1, 2, 3, 4, 5,
1.35 	6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions;
1.36 	169.14, subdivisions 2, 4, 5a, by adding a
1.37 	subdivision; 169.28, subdivision 2; 169.448, by adding
1.38 	a subdivision; 169.522; 169.733; 169.81, subdivision
1.39 	3c; 169.824, subdivision 2; 169.85, subdivisions 1, 6;
1.40 	169.86, subdivision 5; 169.87, subdivisions 4, 5;
1.41 	169.99, subdivision 1b; 169A.52, subdivision 3;
1.42 	171.01, subdivisions 22, 35, 47, by adding a
1.43 	subdivision; 171.02; 171.03; 171.04, subdivision 2;
1.44 	171.05, subdivisions 2, 2b; 171.055, subdivision 2;
1.45 	171.07, subdivisions 1, 3; 171.09; 171.12,
1.46 	subdivisions 3, 6, 7; 171.165, subdivisions 1, 2, 6;
2.1 	171.17, subdivision 1; 171.30, subdivision 1; 174.03,
2.2 	by adding a subdivision; 174.86, subdivision 5;
2.3 	192.502, subdivision 2; 197.65; 219.166; 219.567;
2.4 	360.013, subdivision 39; 360.017, subdivision 1;
2.5 	360.065, by adding a subdivision; 473.446, subdivision
2.6 	3; 473.4461; 515B.1-107; 515B.3-102; proposing coding
2.7 	for new law in Minnesota Statutes, chapters 160; 162;
2.8 	168; 169; 171; 174; repealing Minnesota Statutes 2004,
2.9 	sections 168.011, subdivision 19; 168.15, subdivision
2.10 	2; 168.831; 168.832; 168.833; 168.834; 168.835;
2.11 	168.836; 168.837; 169.09, subdivision 10; 170.55;
2.12 	171.165, subdivisions 3, 4, 4a, 4b; Minnesota Rules,
2.13 	part 7503.2400.
2.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

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

3.5 	Sec. 2. Minnesota Statutes 2004, section 16B.49, is
3.6 	amended to read:
3.7 	16B.49 CENTRAL MAILING SYSTEM.
3.8 	(a) The commissioner shall maintain and operate for state
3.9 	agencies, departments, institutions, and offices a central mail
3.10 	handling unit.  Official, outgoing mail for units in St. Paul
3.11 	must be delivered unstamped to the unit.  The unit shall also
3.12 	operate an interoffice mail distribution system.  The department
3.13 	may add personnel and acquire equipment that may be necessary to
3.14 	operate the unit efficiently and cost-effectively.  Account must
3.15 	be kept of the postage required on that mail, which is then a
3.16 	proper charge against the agency delivering the mail.  To
3.17 	provide funds for the payment of postage, each agency shall make
3.18 	advance payments to the commissioner sufficient to cover its
3.19 	postage obligations for at least 60 days.  For purposes of this
3.20 	section, the Minnesota State Colleges and Universities is a
3.21 	state agency.
3.22 	(b) Notwithstanding paragraph (a) or section 16C.09, the
3.23 	commissioner may approve the performance of mail-related
3.24 	functions by an agency outside the state's central mail-handling
3.25 	unit if the agency demonstrates it furthers program
3.26 	effectiveness, better use of services, greater efficiency, or
3.27 	greater economy in state government.

3.28 	Sec. 3. Minnesota Statutes 2004, section 117.036, is
3.29 	amended to read:
3.30 	117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE
3.31 	TO ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.
3.32 		Subdivision 1.Application. This section applies to the
3.33 	acquisition of property for public highways, streets, roads,
3.34 	alleys, airports, mass transit facilities, or for other
3.35 	transportation facilities or purposes.
3.36 		Subd. 2.Appraisal. (a) Before commencing an eminent
4.1 	domain proceeding under this chapter the commissioner of
4.2 	transportation acquires an interest in real property under this
4.3 	chapter, or before any other acquiring authority commences an
4.4 	eminent domain proceeding under this chapter, the acquiring
4.5 	authority must obtain at least one appraisal for the property
4.6 	proposed to be acquired.  In making the appraisal, the appraiser
4.7 	must confer with one or more of the fee owners or contract
4.8 	purchasers of the property, if reasonably
4.9 	possible. Notwithstanding section 13.44 or any other law to the
4.10 	contrary, the acquiring authority must provide the fee owner or
4.11 	contract purchaser with a copy of the appraisal at least 20 days
4.12 	before presenting a petition under section 117.055, the
4.13 	acquiring authority must provide the owner with a copy of the
4.14 	appraisal and inform the owner of the owner's fee owner or
4.15 	contract purchaser of the right to obtain an appraisal under
4.16 	this section. Upon request, the acquiring authority must make
4.17 	available to the fee owner or contract purchaser all appraisals
4.18 	of the property.
4.19 	(b) The fee owner or contract purchaser may obtain an
4.20 	appraisal by a qualified appraiser of the property proposed to
4.21 	be acquired.  The fee owner or contract purchaser is entitled to
4.22 	reimbursement for the reasonable costs of the appraisal from the
4.23 	acquiring authority up to a maximum of $1,500 within 30 days
4.24 	after the if the fee owner or contract purchaser:
4.25 	(1) submits to the acquiring authority a copy of the
4.26 	appraisal and the information necessary for reimbursement,
4.27 	provided that the owner does so ;
4.28 	(2) requests reimbursement within 60 90 days after the
4.29 	owner receives receiving the appraisal from the authority under
4.30 	paragraph (a) and at least 30 days before a condemnation
4.31 	commissioners' hearing; and 
4.32 	(3) ensures that the appraisal is conducted in accordance
4.33 	with the Uniform Standards of Professional Appraisal Practice.
4.34 	The acquiring authority must pay the reimbursement to the fee
4.35 	owner or contract purchaser within 30 days after receiving a
4.36 	copy of the appraisal and the reimbursement information.  Upon
5.1 	agreement between the acquiring authority and either the fee
5.2 	owner or contract purchaser, the acquiring authority may pay the
5.3 	reimbursement up to $1,500 directly to the appraiser.
5.4 		Subd. 3.Negotiation. In addition to the appraisal
5.5 	requirements under subdivision 2, before commencing an eminent
5.6 	domain proceeding, the acquiring authority must make a good
5.7 	faith attempt to negotiate personally with the fee owner or
5.8 	contract purchaser of the property in order to acquire the
5.9 	property by direct purchase instead of the use of eminent domain
5.10 	proceedings.  In making this negotiation, the acquiring
5.11 	authority must consider the appraisals in its possession,
5.12 	including any appraisal obtained and furnished by the fee owner
5.13 	or contract purchaser if available,and other information that
5.14 	may be relevant to a determination of damages under this chapter.
5.15 	Subd. 4.[CONDEMNATION COMMISSIONERS' HEARING.] (a)
5.16 	Notwithstanding section 13.44, an owner's appraisal may not be
5.17 	used or considered in a condemnation commissioners' hearing
5.18 	conducted under section 117.085, nor may the owner's appraiser
5.19 	testify, unless a copy of the owner's appraiser's written report
5.20 	is provided to the acquiring authority at least five days before
5.21 	the hearing.
5.22 	(b) Notwithstanding section 13.44, the acquiring
5.23 	authority's appraisal may not be used or considered in a
5.24 	condemnation commissioners' hearing conducted under section
5.25 	117.085, nor may the acquiring authority's appraiser testify,
5.26 	unless a copy of the acquiring authority's appraiser's written
5.27 	report is provided to the owner or contract purchaser at least
5.28 	five days before the hearing.

5.29 	Sec. 4. Minnesota Statutes 2004, section 160.93,
5.30 	subdivision 4, is amended to read:
5.31 		Subd. 4.Prohibition.  No person may operate a
5.32 	single-occupant vehicle in a designated high-occupancy vehicle
5.33 	lane except in compliance with the requirements of the
5.34 	commissioner. The commissioner shall designate off-peak hours,
5.35 	during which user fees may not be charged for the use of
5.36 	high-occupancy vehicle lanes that are not separated by a
6.1 	physical barrier from unrestricted lanes.A person who violates
6.2 	this subdivision is guilty of a petty misdemeanor and is subject
6.3 	to sections 169.89, subdivisions 1, 2, and 4, and 169.891 and
6.4 	any other provision of chapter 169 applicable to the commission
6.5 	of a petty misdemeanor traffic offense.

6.6 	Sec. 5. [160.94] USE OF HIGHWAY LANES BY HYBRID
6.7 	VEHICLES.
6.8 		Subdivision 1.Hybrid vehicle. For the purposes of this
6.9 	section, "hybrid vehicle" means a motor vehicle that:
6.10 	(1) has a hybrid propulsion system that operates both with
6.11 	an internal combustion engine and on electric propulsion;
6.12 	(2) has a fuel efficiency of greater than 28 miles per
6.13 	gallon in highway use and 33 miles per gallon in city use, as
6.14 	certified by the United States Environmental Protection Agency;
6.15 	and 
6.16 	(3) conforms to any requirements for such a vehicle in
6.17 	federal law or regulation.
6.18 		Subd. 2.Use of hov lanes by hybrid vehicles. Unless
6.19 	otherwise prohibited by federal law or regulation, and with the
6.20 	approval of the Federal Highway Administration, the commissioner
6.21 	shall:
6.22 	(1) allow an operator of a single-occupant, hybrid vehicle
6.23 	to use any high-occupancy vehicle lane on the trunk highway
6.24 	system, regardless of occupancy requirements established for
6.25 	other types of vehicles; and 
6.26 	(2) allow the operator of a hybrid vehicle to use a lane of
6.27 	a trunk highway, other than a toll bridge, on which a toll is
6.28 	imposed for certain vehicles, without payment of such a toll.
6.29 		Subd. 3.Decals. The commissioner shall issue to the
6.30 	owner of a hybrid vehicle upon request of the owner and upon
6.31 	payment of a fee of $15, a distinctive decal or other identifier
6.32 	to be affixed to the vehicle, clearly identifying the vehicle as
6.33 	a hybrid vehicle.  A person operating a vehicle lawfully
6.34 	displaying such a decal has the privileges granted by the
6.35 	commissioner under subdivision 2.
6.36 		Subd. 4.Violation. A person may not operate a vehicle
7.1 	that displays a decal or other identifier issued under this
7.2 	section in a high-occupancy vehicle lane or toll lane if that
7.3 	decal or identifier was not issued for that vehicle.  A
7.4 	violation of this subdivision is a misdemeanor.
7.5 		Subd. 5.Expiration. This section expires July 31, 2007.

7.6 	Sec. 6. Minnesota Statutes 2004, section 161.14, is
7.7 	amended by adding a subdivision to read:
7.8 		Subd. 51.Veterans memorial bridge. The interstate
7.9 	bridge on marked Trunk Highway 10 connecting the city of
7.10 	Moorhead with the city of Fargo, North Dakota, is named and
7.11 	designated as the Veterans Memorial Bridge.  The commissioner of
7.12 	transportation shall adopt a suitable marking design to mark
7.13 	this bridge and erect appropriate signs, subject to section
7.14 	161.139.

7.15 	Sec. 7. Minnesota Statutes 2004, section 162.02,
7.16 	subdivision 2, is amended to read:
7.17 		Subd. 2.Rules; advisory committee.  (a) The rules shall
7.18 	be made and promulgated by the commissioner acting with the
7.19 	advice of a committee which shall be selected by the several
7.20 	county boards acting through the officers of the statewide
7.21 	association of county commissioners.  The committee shall be
7.22 	composed of nine members so selected that each member shall be
7.23 	from a different state highway construction district.  Not more
7.24 	than five of the nine members of the committee shall be county
7.25 	commissioners.  The remaining members shall be county highway
7.26 	engineers.  In the event that agreement cannot be reached on any
7.27 	rule, the commissioner's determination shall be final.  The
7.28 	rules shall be printed and copies thereof shall be forwarded to
7.29 	the county engineers of the several counties. For the purposes
7.30 	of this section, the expedited process for adopting rules
7.31 	established in section 14.389 may be used.
7.32 	(b) Notwithstanding section 15.059, subdivision 5, the
7.33 	committee does not expire.

7.34 	Sec. 8. Minnesota Statutes 2004, section 162.02,
7.35 	subdivision 3a, is amended to read:
7.36 		Subd. 3a.Variances from rules and engineering
8.1 	standards.  The commissioner may grant variances from the rules
8.2 	and from the engineering standards developed pursuant to section
8.3 	162.021 or 162.07, subdivision 2.  A political subdivision in
8.4 	which a county state-aid highway is located or is proposed to be
8.5 	located may submit a written request to the commissioner for a
8.6 	variance for that highway.  The commissioner shall publish
8.7 	notice of the request in the State Register and give notice to
8.8 	all persons known to the commissioner to have an interest in the
8.9 	matter.  The commissioner may grant or deny the variance within
8.10 	30 days of providing notice of the request.  If a written
8.11 	objection to the request is received within 20 seven days of
8.12 	providing notice, the variance shall be granted or denied only
8.13 	after a contested case hearing has been held on the request.  If
8.14 	no timely objection is received and the variance is denied
8.15 	without hearing, the political subdivision may request, within
8.16 	30 days of receiving notice of denial, and shall be granted a
8.17 	contested case hearing.  For purposes of this subdivision,
8.18 	"political subdivision" includes (1) an agency of a political
8.19 	subdivision which has jurisdiction over parks, and (2) a
8.20 	regional park authority.

8.21 	Sec. 9. [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
8.22 	STATE.
8.23 	When a county state-aid highway route is so located that in
8.24 	order to achieve the designated objectives the commissioner
8.25 	determines that it is necessary to construct the highway across
8.26 	a portion of another county or state, the county initiating the
8.27 	construction is authorized to spend county state-aid highway
8.28 	funds for that purpose in the same manner as other expenditures
8.29 	for county state-aid highway purposes are made.  No part of that
8.30 	highway may be constructed in another county until both counties
8.31 	approve the construction.

8.32 	Sec. 10. Minnesota Statutes 2004, section 162.09,
8.33 	subdivision 2, is amended to read:
8.34 		Subd. 2.Rules; advisory committee.  (a) The rules shall
8.35 	be made and promulgated by the commissioner acting with the
8.36 	advice of a committee which shall be selected by the governing
9.1 	bodies of such cities, acting through the officers of the
9.2 	statewide association of municipal officials.  The committee
9.3 	shall be composed of 12 members, so selected that there shall be
9.4 	one member from each state highway construction district and in
9.5 	addition one member from each city of the first class.  Not more
9.6 	than six members of the committee shall be elected officials of
9.7 	the cities.  The remaining members of the committee shall be
9.8 	city engineers.  In the event that agreement cannot be reached
9.9 	on any rule the commissioner's determination shall be final.
9.10 	The rules shall be printed and copies thereof shall be forwarded
9.11 	to the clerks and engineers of the cities. For the purposes of
9.12 	this section, the expedited process for adopting rules
9.13 	established in section 14.389 may be used.
9.14 	(b) Notwithstanding section 15.059, subdivision 5, the
9.15 	committee does not expire.

9.16 	Sec. 11. Minnesota Statutes 2004, section 162.09,
9.17 	subdivision 3a, is amended to read:
9.18 		Subd. 3a.Variances from rules and engineering
9.19 	standards.  The commissioner may grant variances from the rules
9.20 	and from the engineering standards developed pursuant to section
9.21 	162.13, subdivision 2.  A political subdivision in which a
9.22 	municipal state-aid street is located or is proposed to be
9.23 	located may submit a written request to the commissioner for a
9.24 	variance for that street.  The commissioner shall publish notice
9.25 	of the request in the State Register and give notice to all
9.26 	persons known to the commissioner to have an interest in the
9.27 	matter.  The commissioner may grant or deny the variance within
9.28 	30 days of providing notice of the request.  If a written
9.29 	objection to the request is received within 20 seven days of
9.30 	providing notice, the variance shall be granted or denied only
9.31 	after a contested case hearing has been held on the request.  If
9.32 	no timely objection is received and the variance is denied
9.33 	without hearing, the political subdivision may request, within
9.34 	30 days of receiving notice of denial, and shall be granted a
9.35 	contested case hearing.  For purposes of this subdivision,
9.36 	"political subdivision" includes (1) an agency of a political
10.1 	subdivision which has jurisdiction over parks, and (2) a
10.2 	regional park authority.

10.3 	Sec. 12. [162.091] CONSTRUCTION ACROSS ANOTHER
10.4 	MUNICIPALITY OR STATE.
10.5 	When a municipal state-aid street route is so located that
10.6 	in order to achieve the designated objectives the commissioner
10.7 	determines that it is necessary to construct the street across a
10.8 	portion of another municipality or state, the municipality
10.9 	initiating the construction is authorized to spend municipal
10.10 	state-aid street funds for that purpose in the same manner as
10.11 	other expenditures for municipal state-aid street purposes are
10.12 	made.  No part of that street may be constructed in another
10.13 	municipality until both municipalities approve the construction.

10.14 	Sec. 13. Minnesota Statutes 2004, section 162.14,
10.15 	subdivision 6, is amended to read:
10.16 		Subd. 6.Advances.  Any such city may make advances from
10.17 	any funds available to it for the purpose of expediting the
10.18 	construction, reconstruction, improvement, or maintenance of its
10.19 	municipal state-aid street system; provided that such advances
10.20 	shall not exceed the city's total estimated apportionment for
10.21 	the three years following the year the advance is made.
10.22 	Advances made by any such city shall be repaid out of subsequent
10.23 	apportionments made to such city in accordance with the
10.24 	commissioner's rules.

10.25 	Sec. 14. Minnesota Statutes 2004, section 168.011,
10.26 	subdivision 3, is amended to read:
10.27 		Subd. 3.Highway. A "Highway" is any public thoroughfare
10.28 	for vehicles, including streets in cities has the meaning given
10.29 	in section 169.01, subdivision 29.

10.30 	Sec. 15. Minnesota Statutes 2004, section 168.011,
10.31 	subdivision 4, is amended to read:
10.32 		Subd. 4.Motor vehicle.  (a) "Motor vehicle" means any
10.33 	self-propelled vehicle designed and originally manufactured to
10.34 	operate primarily upon public roads and on highways, and not
10.35 	operated exclusively upon railroad tracks.  It includes any
10.36 	vehicle propelled or drawn by a self-propelled vehicle and
11.1 	includes vehicles known as trackless trolleys that are propelled
11.2 	by electric power obtained from overhead trolley wires but not
11.3 	operated upon rails.  It does not include snowmobiles,
11.4 	manufactured homes, or park trailers.
11.5 	(b) "Motor vehicle" also includes an all-terrain vehicle,
11.6 	as defined in section 84.92, subdivision 8, that only if the
11.7 	all-terrain vehicle (1) has at least four wheels, (2) is owned
11.8 	and operated by a physically disabled person, and (3) displays
11.9 	both physically disabled license plates and a physically
11.10 	disabled certificate issued under section 169.345, subdivision 3.
11.11 	(c) "Motor vehicle" does not include an all-terrain vehicle
11.12 	as defined in section 84.92, subdivision 8;except (1) an
11.13 	all-terrain vehicle described in paragraph (b), or (2) an
11.14 	all-terrain vehicle licensed as a motor vehicle before August 1,
11.15 	1985.  The owner may continue to license an all-terrain vehicle
11.16 	described in clause (2) as a motor vehicle until it is conveyed
11.17 	or otherwise transferred to another owner, is destroyed, or
11.18 	fails to comply with the registration and licensing requirements
11.19 	of this chapter.
11.20 	(d) "Motor vehicle" does not include an electric personal
11.21 	assistive mobility device as defined in section 169.01,
11.22 	subdivision 90.

11.23 	Sec. 16. Minnesota Statutes 2004, section 168.011,
11.24 	subdivision 5, is amended to read:
11.25 		Subd. 5.Owner.  "Owner" means any person, firm,
11.26 	association, or corporation owning or renting leasing a motor 
11.27 	vehicle, or having the exclusive use thereof of the vehicle,
11.28 	under a lease or otherwise, for a period of greater than 30 days.

11.29 	Sec. 17. Minnesota Statutes 2004, section 168.011,
11.30 	subdivision 5a, is amended to read:
11.31 		Subd. 5a.Registered owner.  "Registered owner" means any
11.32 	person, firm, association, or corporation,other than a secured
11.33 	party, having title to a motor vehicle.  If a passenger
11.34 	automobile, as defined in subdivision 7,is under lease for a
11.35 	term of 180 days or more, the lessee is deemed to be the
11.36 	registered owner, for purposes of registration only,;provided
12.1 	that the application for renewal of the registration of a
12.2 	passenger automobile described in this subdivision shall be is 
12.3 	sent to the lessor.

12.4 	Sec. 18. Minnesota Statutes 2004, section 168.011,
12.5 	subdivision 6, is amended to read:
12.6 		Subd. 6.Tax, fee.  "Tax" or "fee" means the annual
12.7 	registration tax imposed on motor vehicles in lieu of all other
12.8 	taxes thereon, except wheelage taxes, so-called,which may be
12.9 	imposed by any city,and except gross earnings taxes paid by
12.10 	companies subject or made subject thereto. Such The annual tax
12.11 	shall be deemed is both a property tax and a highway use tax and
12.12 	shall be on the basis of the calendar year.

12.13 	Sec. 19. Minnesota Statutes 2004, section 168.011,
12.14 	subdivision 7, is amended to read:
12.15 		Subd. 7.Passenger automobile. (a) "Passenger automobile"
12.16 	means any motor vehicle designed and used for carrying not more
12.17 	than 15 persons individuals including the driver.
12.18 	(b) "Passenger automobile" does not include motorcycles,
12.19 	motor scooters, and buses described in subdivision 9, paragraph
12.20 	(a), clause (2) buses, or school buses.
12.21 	(c) For purposes of taxation only, " Passenger automobile " 
12.22 	includes pickup trucks and vans, including those vans designed
12.23 	to carry passengers,with a manufacturer's nominal rated
12.24 	carrying capacity of one ton, but does not include commuter vans
12.25 	as defined in section 168.126.

12.26 	Sec. 20. Minnesota Statutes 2004, section 168.011,
12.27 	subdivision 25, is amended to read:
12.28 		Subd. 25.Recreational equipment vehicle.  (a)
12.29 	"Recreational equipment vehicle " means travel trailers including
12.30 	those which that telescope or fold down, chassis-mounted
12.31 	campers, house cars,motor homes, tent trailers, slip-in
12.32 	campers,and converted buses that provide temporary human living
12.33 	quarters. A 
12.34 	(b) "Recreational vehicle " is considered to provide
12.35 	temporary living quarters if it a vehicle that:
12.36 	(1) is not used as the residence of the owner or occupant;
13.1 	(2) is used for temporary living quarters by the owner or
13.2 	occupant while engaged in recreational or vacation activities;
13.3 	and
13.4 	(3) is either self-propelled or towed on the public streets
13.5 	or highways incidental to the recreational or vacation
13.6 	activities.
13.7 	(b) For the purposes of this subdivision, a Subd. 25a.
13.8 	[MOTOR HOME.] " Motor home " means a unit recreational vehicle 
13.9 	designed to provide temporary living quarters,.  The motor home
13.10 	has a living unit built into as an integral part of, or
13.11 	permanently attached to the chassis of, a self-propelled motor
13.12 	vehicle chassis or van.
13.13 	(a) A motor home must contain permanently installed,
13.14 	independent,life-support systems which that meet the American
13.15 	National Standards Institute standard number A119.2 for
13.16 	recreational vehicles and provide at least four of the following
13.17 	facilities, two of which must be from the systems listed in
13.18 	clauses (1), (5), and (6):  (1) a cooking facility with liquid
13.19 	propane gas supply, (2) a refrigerator, (3) a self-contained
13.20 	toilet or a toilet connected to a plumbing system with a 
13.21 	connection for external water disposal, (4) a heating or air
13.22 	conditioning system separate from the motor vehicle engine, (5)
13.23 	a potable water supply system including a sink with a faucet
13.24 	either self-contained or with connections for an external
13.25 	source, and (6) a separate 110-125 volt volts electrical power
13.26 	supply.
13.27 	(b) For purposes of this subdivision, "permanently
13.28 	installed" means built into or attached as an integral part of a
13.29 	chassis or van, and designed not to be removed except for repair
13.30 	or replacement.  A system which that is readily removable or
13.31 	held in place by clamps or tie-downs is not permanently
13.32 	installed.
13.33 	(c) Motor homes include but are not limited to, the
13.34 	following a:
13.35 	(1) type A motor home-, which is a raw chassis upon which
13.36 	is built a driver's compartment and an entire body that provides
14.1 	temporary living quarters as defined described in this 
14.2 	paragraph (a);
14.3 	(2) type B motor home-, which is a van-type vehicle van 
14.4 	that conforms to the motor home definition description in this 
14.5 	paragraph (a) and has been completed or altered by the a 
14.6 	final-stage manufacturer; and
14.7 	(3) type C motor home-, which is an incomplete vehicle
14.8 	upon which is permanently attached a body designed to provide
14.9 	temporary living quarters as defined described in this 
14.10 	paragraph (a).
14.11 	(d) A motor vehicle with a slip-in campers are camper or
14.12 	other removable equipment that is mounted into or on a motor 
14.13 	vehicle commonly known as a pickup truck, in the pickup box,
14.14 	either by bolting through the floor of the pickup box or by
14.15 	firmly clamping to the side of the pickup box.  The vehicle
14.16 	may is not a motor home, is not a recreational vehicle, and must 
14.17 	not be registered as a recreational vehicle under section
14.18 	168.013.

14.19 	Sec. 21. Minnesota Statutes 2004, section 168.011, is
14.20 	amended by adding a subdivision to read:
14.21 		Subd. 37.All-terrain vehicle. "All-terrain vehicle" has
14.22 	the meaning given in section 84.92, subdivision 8.

14.23 	Sec. 22. Minnesota Statutes 2004, section 168.011, is
14.24 	amended by adding a subdivision to read:
14.25 		Subd. 38.Person. "Person" has the meaning given in
14.26 	section 168A.01, subdivision 14.

14.27 	Sec. 23. Minnesota Statutes 2004, section 168.011, is
14.28 	amended by adding a subdivision to read:
14.29 		Subd. 39.Vehicle. "Vehicle" has the meaning given in
14.30 	section 168A.01, subdivision 24.

14.31 	Sec. 24. Minnesota Statutes 2004, section 168.012,
14.32 	subdivision 1, is amended to read:
14.33 		Subdivision 1.Vehicles exempt from tax, fees, or plate
14.34 	display.  (a) The following vehicles are exempt from the
14.35 	provisions of this chapter requiring payment of tax and
14.36 	registration fees, except as provided in subdivision 1c:
15.1 	(1) vehicles owned and used solely in the transaction of
15.2 	official business by the federal government, the state, or any
15.3 	political subdivision;
15.4 	(2) vehicles owned and used exclusively by educational
15.5 	institutions and used solely in the transportation of pupils to
15.6 	and from those institutions;
15.7 	(3) vehicles used solely in driver education programs at
15.8 	nonpublic high schools;
15.9 	(4) vehicles owned by nonprofit charities and used
15.10 	exclusively to transport disabled persons for charitable,
15.11 	religious, or educational purposes;
15.12 	(5) ambulances owned by ambulance services licensed under
15.13 	section 144E.10, the general appearance of which is
15.14 	unmistakable; and
15.15 	(6) vehicles owned by a commercial driving school licensed
15.16 	under section 171.34, or an employee of a commercial driving
15.17 	school licensed under section 171.34, and the vehicle is used
15.18 	exclusively for driver education and training.
15.19 	(b) Vehicles owned by the federal government, municipal
15.20 	fire apparatuses including fire-suppression support vehicles,
15.21 	police patrols, and ambulances, the general appearance of which
15.22 	is unmistakable, are not required to register or display number
15.23 	plates.
15.24 	(c) Unmarked vehicles used in general police work, liquor
15.25 	investigations, or arson investigations, and passenger
15.26 	automobiles, pickup trucks, and buses owned or operated by the
15.27 	Department of Corrections, must be registered and must display
15.28 	appropriate license number plates, furnished by the registrar at
15.29 	cost.  Original and renewal applications for these license
15.30 	plates authorized for use in general police work and for use by
15.31 	the Department of Corrections must be accompanied by a
15.32 	certification signed by the appropriate chief of police if
15.33 	issued to a police vehicle, the appropriate sheriff if issued to
15.34 	a sheriff's vehicle, the commissioner of corrections if issued
15.35 	to a Department of Corrections vehicle, or the appropriate
15.36 	officer in charge if issued to a vehicle of any other law
16.1 	enforcement agency.  The certification must be on a form
16.2 	prescribed by the commissioner and state that the vehicle will
16.3 	be used exclusively for a purpose authorized by this section.
16.4 	(d) Unmarked vehicles used by the Departments of Revenue
16.5 	and Labor and Industry, fraud unit, in conducting seizures or
16.6 	criminal investigations must be registered and must display
16.7 	passenger vehicle classification license number plates,
16.8 	furnished at cost by the registrar.  Original and renewal
16.9 	applications for these passenger vehicle license plates must be
16.10 	accompanied by a certification signed by the commissioner of
16.11 	revenue or the commissioner of labor and industry.  The
16.12 	certification must be on a form prescribed by the commissioner
16.13 	and state that the vehicles will be used exclusively for the
16.14 	purposes authorized by this section.
16.15 	(e) Unmarked vehicles used by the Division of Disease
16.16 	Prevention and Control of the Department of Health must be
16.17 	registered and must display passenger vehicle classification
16.18 	license number plates.  These plates must be furnished at cost
16.19 	by the registrar.  Original and renewal applications for these
16.20 	passenger vehicle license plates must be accompanied by a
16.21 	certification signed by the commissioner of health.  The
16.22 	certification must be on a form prescribed by the commissioner
16.23 	and state that the vehicles will be used exclusively for the
16.24 	official duties of the Division of Disease Prevention and
16.25 	Control.
16.26 	(f) Unmarked vehicles used by staff of the Gambling Control
16.27 	Board in gambling investigations and reviews must be registered
16.28 	and must display passenger vehicle classification license number
16.29 	plates.  These plates must be furnished at cost by the
16.30 	registrar.  Original and renewal applications for these
16.31 	passenger vehicle license plates must be accompanied by a
16.32 	certification signed by the board chair.  The certification must
16.33 	be on a form prescribed by the commissioner and state that the
16.34 	vehicles will be used exclusively for the official duties of the
16.35 	Gambling Control Board.
16.36 	(g) All other motor vehicles must be registered and display
17.1 	tax-exempt number plates, furnished by the registrar at cost,
17.2 	except as provided in subdivision 1c.  All vehicles required to
17.3 	display tax-exempt number plates must have the name of the state
17.4 	department or political subdivision, nonpublic high school
17.5 	operating a driver education program, or licensed commercial
17.6 	driving school, plainly displayed on both sides of the vehicle;
17.7 	except that each state hospital and institution for the mentally
17.8 	ill and mentally retarded may have one vehicle without the
17.9 	required identification on the sides of the vehicle, and county
17.10 	social service agencies may have vehicles used for child and
17.11 	vulnerable adult protective services without the required
17.12 	identification on the sides of the vehicle.  This identification
17.13 	must be in a color giving contrast with that of the part of the
17.14 	vehicle on which it is placed and must endure throughout the
17.15 	term of the registration.  The identification must not be on a
17.16 	removable plate or placard and must be kept clean and visible at
17.17 	all times; except that a removable plate or placard may be
17.18 	utilized on vehicles leased or loaned to a political subdivision
17.19 	or to a nonpublic high school driver education program.

17.20 	Sec. 25. Minnesota Statutes 2004, section 168.031, is
17.21 	amended to read:
17.22 	168.031 REGISTRATION EXEMPTION; ACTIVE MILITARY-RELATED 
17.23 	SERVICE.
17.24 	(a) The motor vehicle of any person who engages in active
17.25 	military service in time of war or other emergency declared by
17.26 	proper authority in any branch or unit of the military or naval
17.27 	forces of the United States armed forces shall be exempt from
17.28 	the motor vehicle registration tax during the period of such
17.29 	active service and for 40 90 days immediately thereafter if the
17.30 	owner has filed , before, during, or within 90 days after
17.31 	completion of that active service, files with the registrar of
17.32 	motor vehicles a written application for exemption with such
17.33 	proof of military service as the registrar may have required and
17.34 	if the motor vehicle is not operated on a public highway within
17.35 	the state during the requested period of exemption, except by
17.36 	the owner while on furlough or leave of absence from the
18.1 	military.
18.2 	(b) The motor vehicle of any disabled war veteran, which
18.3 	vehicle has been furnished free, in whole or in part, by the
18.4 	United States government to said disabled veteran, shall be
18.5 	exempt from the motor vehicle registration tax.  The motor
18.6 	vehicle owned and registered by a former prisoner of war that
18.7 	bears the "EX-POW" plates is exempt from the motor vehicle
18.8 	registration tax.
18.9 	(c) For purposes of this section, the term "active service"
18.10 	shall have the meaning given this term in section 190.05,
18.11 	subdivisions 5b and 5c, but excludes service performed
18.12 	exclusively for purposes of:
18.13 	(1) annual training and other periodic inactive duty
18.14 	training for National Guard and other reserve members;
18.15 	(2) special training periodically made available to
18.16 	National Guard and other reserve members;
18.17 	(3) service performed in accordance with section 190.08,
18.18 	subdivision 3; and 
18.19 	(4) service performed as part of the active guard/reserve
18.20 	program pursuant to United States Code, title 32, section
18.21 	502(f), or other applicable authority.

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

18.25 	Sec. 26. Minnesota Statutes 2004, section 168.091,
18.26 	subdivision 1, is amended to read:
18.27 		Subdivision 1.Nonresident buyer. (a) Upon payment of a
18.28 	fee of $1, the registrar commissioner may issue a permit to a
18.29 	nonresident purchasing a new or used motor vehicle in this state
18.30 	for the sole purpose of allowing such nonresident to remove the
18.31 	vehicle to be removed from this state for registration in
18.32 	another state or country. Such 
18.33 	(b) The permit shall be is in lieu of any other
18.34 	registration or taxation for use of the highways and shall be is 
18.35 	valid for a period of 31 days from the date of sale, trade, or
18.36 	gift.
19.1 	(c) The permit shall must be available in such form an
19.2 	electronic format as the registrar may determine and, whenever
19.3 	practicable, shall be determined by the commissioner.
19.4 	(d) If the sale, gift, or trade information is
19.5 	electronically transmitted to the commissioner by a dealer or
19.6 	deputy registrar of motor vehicles, the $1 fee is waived.
19.7 	(e) The permit must be posted upon the left side of the
19.8 	inside rear window of the vehicle or, if not practicable, where
19.9 	it is plainly visible to law enforcement.  Each such 
19.10 	permit shall be is valid only for the vehicle for which the
19.11 	permit was issued.

19.12 	Sec. 27. Minnesota Statutes 2004, section 168.12,
19.13 	subdivision 2a, is amended to read:
19.14 		Subd. 2a.Personalized plates; rules.  (a) Personalized
19.15 	license plates or, if requested for special plates issued under
19.16 	section 168.123 for veterans, 168.124 for medal of honor
19.17 	recipients, or 168.125 for former prisoners of war, applicable
19.18 	personalized special veterans license plates must be issued to
19.19 	an applicant for registration of a passenger automobile
19.20 	including a passenger automobile registered as a classic car,
19.21 	pioneer car, collector car, or street rod; van; pickup truck as
19.22 	defined in section 168.011, subdivision 29, and any other truck
19.23 	with a manufacturer's nominal rated capacity of one ton or less
19.24 	and resembling a pickup truck; motorcycle including a classic
19.25 	motorcycle; or self-propelled recreational vehicle, upon
19.26 	compliance with the laws of this state relating to registration
19.27 	of the vehicle and upon payment of a onetime fee of $100 in
19.28 	addition to the registration tax required by law for the
19.29 	vehicle.  The registrar shall designate a replacement fee fees 
19.30 	for personalized license plates and personalized special
19.31 	veterans license plates issued according to section 168.123that
19.32 	is are calculated to cover the cost of replacement. This fee 
19.33 	These fees must be paid by the applicant whenever
19.34 	the personalized license plates are required to be replaced by
19.35 	law. Fees may not be charged to replace personalized special
19.36 	veterans license plates issued under section 168.124 or
20.1 	168.125.In lieu of the numbers assigned as provided in
20.2 	subdivision 1, personalized license plates and personalized
20.3 	special veterans license plates must have imprinted on them a
20.4 	series of not more than seven numbers and letters in any
20.5 	combination and, as applicable, satisfy the design requirements
20.6 	of section 168.123, 168.124, or 168.125.  When an applicant has
20.7 	once obtained personalized license plates or personalized
20.8 	special veterans license plates, the applicant shall have has a
20.9 	prior claim for similar personalized plates in the next
20.10 	succeeding year as long as current registration is maintained.
20.11 	The commissioner of public safety shall adopt rules in the
20.12 	manner provided by chapter 14, regulating the issuance and
20.13 	transfer of personalized license plates and personalized special
20.14 	veterans license plates.  No words or combination of letters
20.15 	placed on personalized license these plates may be used for
20.16 	commercial advertising, be of an obscene, indecent, or immoral
20.17 	nature, or be of a nature that would offend public morals or
20.18 	decency.  The call signals or letters of a radio or television
20.19 	station are not commercial advertising for the purposes of this
20.20 	subdivision.
20.21 	(b) Notwithstanding the provisions of subdivision 1,
20.22 	personalized license plates and personalized special veterans
20.23 	license plates issued under this subdivision may be transferred
20.24 	to another motor vehicle described in paragraph (a) and owned or
20.25 	jointly owned by the applicant, upon the payment of a fee of $5,
20.26 	which must be paid into the state treasury and credited to the
20.27 	highway user tax distribution fund.  The registrar may by rule
20.28 	provide a form for notification.  A personalized license
20.29 	plate or personalized special veterans license plate issued for
20.30 	a classic car, pioneer car, collector car, street rod, or
20.31 	classic motorcycle may not be transferred to a vehicle not
20.32 	eligible for such a license plate.
20.33 	(c) Notwithstanding any law to the contrary, if the
20.34 	personalized license plates are lost, stolen, or destroyed, the
20.35 	applicant may apply and shall receive duplicate license plates
20.36 	bearing the same combination of letters and numbers and the same
21.1 	design as:
21.2 	(1) the former personalized license plates or personalized
21.3 	special veterans license plates issued according to section
21.4 	168.123,upon the payment of the fee required by section 168.29;
21.5 	or 
21.6 	(2) the former personalized special veterans license plates
21.7 	issued according to section 168.124 or 168.125, without charge.
21.8 	(d) Fees from the sale of permanent and duplicate
21.9 	personalized license plates must be paid into the state treasury
21.10 	and credited to the highway user tax distribution fund.

21.11 	Sec. 28. Minnesota Statutes 2004, section 168.12,
21.12 	subdivision 2b, is amended to read:
21.13 		Subd. 2b.Firefighters; special plates.  (a) The
21.14 	registrar shall issue special license plates, or a single plate
21.15 	in the case of a motorcycle plate,to any applicant who is both
21.16 	a member of a fire department receiving state aid under chapter
21.17 	69 and an owner or joint owner of a passenger automobile, or a 
21.18 	truck with a manufacturer's nominal rated capacity of one ton
21.19 	and resembling a pickup truck, or a motorcycle,upon payment of
21.20 	a fee of $10 and upon payment of the registration tax required
21.21 	by law for the vehicle and compliance with other laws of this
21.22 	state relating to registration and licensing of motor vehicles
21.23 	and drivers.  In lieu of the identification required under
21.24 	subdivision 1, the special license plates shall must be
21.25 	inscribed with a symbol of a Maltese Cross together with five
21.26 	numbers.  No applicant shall receive special plates for more
21.27 	than two sets of plates for vehicles owned or jointly owned by
21.28 	the applicant.
21.29 	(b) Special plates issued under this subdivision may only
21.30 	be used during the period that the owner or joint owner of the
21.31 	vehicle is a member of a fire department as specified in this
21.32 	subdivision.  When the person to whom the special plates were
21.33 	issued is no longer a member of a fire department or when the
21.34 	vehicle ownership is transferred, the special license plates
21.35 	shall must be removed from the vehicle and returned to the
21.36 	registrar.  Upon return of the special plates, or special
22.1 	motorcycle plate,the owner or purchaser of the vehicle is
22.2 	entitled to receive regular plates, or a regular motorcycle
22.3 	plate,for the vehicle, as applicable,without cost for the
22.4 	remainder of the registration period for which the special plate
22.5 	or plates were issued. Firefighter license plates issued
22.6 	pursuant to this subdivision may be transferred to another motor
22.7 	vehicle upon payment of $5, which fee shall be paid into the
22.8 	state treasury and credited to the highway user tax distribution
22.9 	fund.
22.10 	(c) A special motorcycle license plate issued under this
22.11 	subdivision must be the same size as a standard motorcycle
22.12 	license plate.
22.13 	(d) Upon payment of a fee of $5, plates issued under this
22.14 	subdivision for a passenger automobile or truck may be
22.15 	transferred to another passenger automobile or truck owned or
22.16 	jointly owned by the person to whom the plates were issued.  On
22.17 	payment of a fee of $5, a plate issued under this subdivision
22.18 	for a motorcycle may be transferred to another motorcycle owned
22.19 	or jointly owned by the person to whom the plate was issued.
22.20 	(c) (e) The commissioner of public safety may adopt rules
22.21 	under the Administrative Procedure Act, sections 14.001 to
22.22 	14.69, to govern the issuance and use of the special plates
22.23 	authorized in this subdivision.
22.24 	(f) All fees from the sale or transfer of special license
22.25 	plates for firefighters shall must be paid into the state
22.26 	treasury and credited to the highway user tax distribution fund.

22.27 	Sec. 29. Minnesota Statutes 2004, section 168.123,
22.28 	subdivision 1, is amended to read:
22.29 		Subdivision 1.General requirements; fees.  (a) On
22.30 	payment of a fee of $10 for each set of two plates, or for a
22.31 	single plate in the case of a motorcycle plate, payment of the
22.32 	registration tax required by law, and compliance with
22.33 	other applicable laws relating to the vehicle registration and
22.34 	licensing of a passenger automobile, pickup truck, van,
22.35 	self-propelled recreational equipment, or motorcycle, as
22.36 	applicable, the registrar shall issue:
23.1 	(1) special license plates to an applicant who served in
23.2 	the active military service in a branch of the armed forces of
23.3 	the United States or of a nation or society allied with the
23.4 	United States in conducting a foreign war, was discharged under
23.5 	honorable conditions, and is an owner or joint owner of a
23.6 	passenger automobile, pickup truck, van, or self-propelled
23.7 	recreational equipment, or truck resembling a pickup truck and
23.8 	having a manufacturer's nominal rated capacity of one ton, but
23.9 	which is not a commercial motor vehicle as defined in section
23.10 	169.01, subdivision 75; or
23.11 	(2) a special motorcycle license plate as described in
23.12 	subdivision 2, paragraph (a), or another special license plate
23.13 	designed by the commissioner of public safety to an applicant
23.14 	who is a Vietnam veteran who served after July 1, 1961, and
23.15 	before July 1, 1978, and (f), (h), or (i).  A plate may be
23.16 	issued under this clause only to a person who served in the
23.17 	active military service in a branch of the armed forces of the
23.18 	United States or a nation or society allied with the United
23.19 	States in conducting a foreign war, was discharged under
23.20 	honorable conditions, and is an owner or joint owner of a
23.21 	motorcycle, and meets the criteria listed in this paragraph and
23.22 	in subdivision 2, paragraph (a), (f), (h), or (i).  Plates
23.23 	issued under this clause must be the same size as standard
23.24 	motorcycle license plates. Special motorcycle license plates
23.25 	issued under this clause are not subject to section 168.1293.
23.26 	(b) The additional fee of $10 is payable for each set of
23.27 	plates, is payable only when the plates are issued, and is not
23.28 	payable in a year in which tabs or stickers are issued instead
23.29 	of number plates.  An applicant must not be issued plates for 
23.30 	more than two sets of plates for vehicles listed in paragraph
23.31 	(a) and owned or jointly owned by the applicant.
23.32 	(c) The veteran shall must have a certified copy of the
23.33 	veteran's discharge papers, indicating character of discharge,
23.34 	at the time of application.  If an applicant served in the
23.35 	active military service in a branch of the armed forces of a
23.36 	nation or society allied with the United States in conducting a
24.1 	foreign war and is unable to obtain a record of that service and
24.2 	discharge status, the commissioner of veterans affairs may
24.3 	certify the applicant as qualified for the veterans' license
24.4 	plates provided under this section.
24.5 	(d) When issuing a set of license plates, or for a
24.6 	motorcycle a single license plate, under subdivision 2,
24.7 	paragraph (h) or (i), the commissioner shall assess a $5
24.8 	surcharge to the applicant, in addition to the fee required
24.9 	under this section and the registration tax required by law.
24.10 	The revenue from the surcharge must be deposited in the highway
24.11 	user tax distribution fund.  The commissioner shall cease to
24.12 	collect the surcharge when total collections from the surcharge
24.13 	since its inception exceed $3,500.
24.14 	
EFFECTIVE DATE. This section is effective the day
24.15 	following final enactment.

24.16 	Sec. 30. Minnesota Statutes 2004, section 168.123,
24.17 	subdivision 2, is amended to read:
24.18 		Subd. 2.Design.  The commissioner of veterans affairs
24.19 	shall design the special plates, subject to the approval of the
24.20 	registrar, that satisfy the following requirements:
24.21 	(a) For a Vietnam veteran who served after July 1, 1961,
24.22 	and before July 1, 1978, the special plates must bear the
24.23 	inscription "VIETNAM VET" and the letters "V" and "V" with the
24.24 	first letter directly above the second letter and both letters
24.25 	just preceding the first numeral of the special license plate
24.26 	number.
24.27 	(b) For a veteran stationed on the island of Oahu, Hawaii,
24.28 	or offshore, during the attack on Pearl Harbor on December 7,
24.29 	1941, the special plates must bear the inscription "PEARL HARBOR
24.30 	SURVIVOR" and the letters "P" and "H" with the first letter
24.31 	directly above the second letter and both letters just preceding
24.32 	the first numeral of the special license plate number.
24.33 	(c) For a veteran who served during World War I or World
24.34 	War II, the special plates must bear the inscription "WORLD WAR
24.35 	VET" and:
24.36 	(1) for a World War I veteran, the characters "W" and "I"
25.1 	with the first character directly above the second character and
25.2 	both characters just preceding the first numeral of the special
25.3 	license plate number; or
25.4 	(2) for a World War II veteran, the characters "W" and "II"
25.5 	with the first character directly above the second character and
25.6 	both characters just preceding the first numeral of the special
25.7 	license plate number.
25.8 	(d) For a veteran who served during the Korean Conflict,
25.9 	the special plates must bear the inscription "KOREAN VET" and
25.10 	the letters "K" and "V" with the first letter directly above the
25.11 	second letter and both letters just preceding the first numeral
25.12 	of the special license plate number.
25.13 	(e) For a combat wounded veteran who is a recipient of the
25.14 	purple heart medal, the special plates must bear the inscription
25.15 	"COMBAT WOUNDED VET" and inscribed with a facsimile of the
25.16 	official purple heart medal and the letters "C" over "W" with
25.17 	the first letter directly over the second letter just preceding
25.18 	the first numeral of the special license plate number.
25.19 	(f) For a Persian Gulf war veteran, the special plates must
25.20 	bear the inscription "GULF WAR VET" and the letters "G" and "W"
25.21 	with the first letter directly above the second letter and both
25.22 	letters just preceding the first numeral of the special license
25.23 	plate number.  For the purposes of this section, "Persian Gulf
25.24 	war veteran" means a person who served on active duty after
25.25 	August 1, 1990, in a branch of the armed forces of the United
25.26 	States or United Nations during Operation Desert Shield,
25.27 	Operation Desert Storm, or other military operation in the
25.28 	Persian Gulf area combat zone as designated in United States
25.29 	Presidential Executive Order No. 12744, dated January 21, 1991.
25.30 	(g) For a veteran who served in the Laos War after July 1,
25.31 	1961, and before July 1, 1978, the special plates must bear the
25.32 	inscription "LAOS WAR VET" and the letters "L" and "V" with the
25.33 	first letter directly above the second letter and both letters
25.34 	just preceding the first numeral of the special license plate
25.35 	number.
25.36 	(h) For a veteran who is the recipient of:
26.1 	(1) the Iraq Campaign Medal, the special plates must be
26.2 	inscribed with a facsimile of that medal and must bear the
26.3 	inscription "IRAQ WAR VET" directly below the special license
26.4 	plate number;
26.5 	(2) the Afghanistan Campaign Medal, the special plates must
26.6 	be inscribed with a facsimile of that medal and must bear the
26.7 	inscription "AFGHAN WAR VET" directly below the special license
26.8 	plate number; or 
26.9 	(3) the Global War on Terrorism Expeditionary Medal, the
26.10 	special plates must be inscribed with a facsimile of that medal
26.11 	and must bear the inscription "GWOT VETERAN" directly below the
26.12 	special license plate number.
26.13 	(i) For a veteran who is the recipient of the Global War on
26.14 	Terrorism Service Medal, the special plates must be inscribed
26.15 	with a facsimile of that medal and must bear the inscription
26.16 	"GWOT VETERAN" directly below the special license plate number.
26.17 	In addition, any member of the National Guard or other military
26.18 	reserves who has been ordered to federally funded state active
26.19 	service under United States Code, title 32, as defined in
26.20 	section 190.05, subdivision 5b, and who is the recipient of the
26.21 	Global War on Terrorism Service Medal, is eligible for the
26.22 	license plate described in this paragraph, irrespective of
26.23 	whether that person qualifies as a veteran under section 197.447.
26.24 	
EFFECTIVE DATE. This section is effective the day
26.25 	following final enactment.

26.26 	Sec. 31. Minnesota Statutes 2004, section 168.123,
26.27 	subdivision 4, is amended to read:
26.28 		Subd. 4.Plates transfer.  (a) On payment of a fee of $5,
26.29 	plates issued under subdivision 1, paragraph (a), clause (1),
26.30 	may be transferred to another vehicle, but only if the vehicle:
26.31 	(1) is a passenger automobile, pickup truck, van, or 
26.32 	self-propelled recreational equipment, or one-ton truck
26.33 	described in subdivision 1, paragraph (a), clause (1); and 
26.34 	(2) is owned or jointly owned by the person to whom the
26.35 	plates were issued.
26.36 	(b) On payment of a fee of $5, a plate issued under
27.1 	subdivision 1, paragraph (a), clause (2), may be transferred to
27.2 	another motorcycle owned or jointly owned by the person to whom
27.3 	the plate was issued.

27.4 	Sec. 32. [168.1251] DISABLED VETERANS OF AMERICA PLATES.
27.5 		Subdivision 1.Issuance and design. The registrar of
27.6 	motor vehicles shall issue special license plates bearing the
27.7 	inscription "DISABLED AMERICAN VETERAN" to an applicant who is
27.8 	certified in writing by the United States Department of Veterans
27.9 	Affairs or the state commissioner of veterans affairs as having
27.10 	a permanent and total service-connected disability, who complies
27.11 	with all laws relating to the registration and licensing of
27.12 	motor vehicles and drivers, and who pays a fee of $10 for each
27.13 	set of license plates applied for.  The special license plates
27.14 	must be of a design and size determined by the registrar.
27.15 		Subd. 2.Application. Application for issuance of these
27.16 	plates may be made only at the time of renewal or first
27.17 	application for registration.
27.18 		Subd. 3.Transfer. On payment of a fee of $5, special
27.19 	plates issued under this section may be transferred to another
27.20 	motor vehicle owned or jointly owned by the disabled veteran
27.21 	upon notification to the registrar of motor vehicles.
27.22 		Subd. 4.Motor vehicle; special definition. For purposes
27.23 	of this section, "motor vehicle" means a vehicle for personal
27.24 	use, not used for commercial purposes, and may include a
27.25 	passenger automobile, van, pickup truck, motorcycle, or
27.26 	recreational vehicle.
27.27 		Subd. 5.Fees credited. Fees paid under this section
27.28 	must be credited to the highway user tax distribution fund.

27.29 	Sec. 33. Minnesota Statutes 2004, section 168.1293,
27.30 	subdivision 5, is amended to read:
27.31 		Subd. 5.Discontinuance of plate.  (a) The department
27.32 	shall discontinue the issuance or renewal of any special license
27.33 	plate if (1) fewer than 1,000 sets of those plates are currently
27.34 	registered at the end of the first six years during which the
27.35 	plates are available, or (2) fewer than 1,000 sets of those
27.36 	plates are currently registered at the end of any subsequent
28.1 	two-year period following the first six years of availability.
28.2 	(b) The department may discontinue the issuance or renewal
28.3 	of any special license plate, and distribution of any
28.4 	contributions resulting from that plate, if the department
28.5 	determines that (1) the fund or requester receiving the
28.6 	contributions no longer exists, (2) the requester has stopped
28.7 	providing services that are authorized to be funded from the
28.8 	contribution proceeds, (3) the requester has requested
28.9 	discontinuance, or (4) contributions have been used in violation
28.10 	of subdivision 6.
28.11 	(c) Nothing in this subdivision applies to license plates
28.12 	issued under section 168.123, 168.124, 168.125, 168.1251,or
28.13 	168.1255.

28.14 	Sec. 34. [168.1299] SPECIAL "KNIGHTS OF COLUMBUS MEMBER"
28.15 	LICENSE PLATES.
28.16 		Subdivision 1.General requirements and procedures. The
28.17 	registrar shall issue special "Knights of Columbus member"
28.18 	license plates to an applicant who:
28.19 	(1) is an owner or joint owner of a passenger automobile,
28.20 	pickup truck, or van;
28.21 	(2) pays a fee of $10 to cover the costs of handling and
28.22 	manufacturing the plates;
28.23 	(3) pays the registration tax required under section
28.24 	168.013;
28.25 	(4) pays the fees required under this chapter; and 
28.26 	(5) complies with laws and rules governing registration and
28.27 	licensing of vehicles and drivers.
28.28 		Subd. 2.Design. A special license plate under this
28.29 	section consists of a license plate with a unique symbol that is
28.30 	the recognized emblem of the Knights of Columbus.  The symbol
28.31 	must be designed by the Knights of Columbus or a council
28.32 	thereof, with the approval of the commissioner.  The license
28.33 	plate may be an embossed license plate or a generic license
28.34 	plate with attached decal.
28.35 		Subd. 3.Applicability of other law. Section 168.1293
28.36 	does not apply to license plates authorized under this section.

29.1 	Sec. 35. Minnesota Statutes 2004, section 168.16, is
29.2 	amended to read:
29.3 	168.16  REGISTRATION TAX REFUND; APPROPRIATION.
29.4 	(a) After the registration tax upon any motor vehicle has
29.5 	been paid for any year registration period, refund must be made
29.6 	for errors made in computing the registration tax or fees and
29.7 	for the error on the part of an owner who may in error have
29.8 	registered a motor vehicle that was not before, nor at the time
29.9 	of registration, nor at any time thereafter during the current
29.10 	past year preceding registration period, subject to registration 
29.11 	tax in this state as provided by section 168.012.
29.12 	(b) Unless otherwise provided in this chapter, a claim for
29.13 	a refund of an overpayment of registration tax must be filed
29.14 	within 3-1/2 years from the date of payment.
29.15 	The refund must be made from any fund in possession of the
29.16 	registrar and deducted from the registrar's monthly report to
29.17 	the commissioner of finance.  A detailed report of the refund
29.18 	must accompany the report.
29.19 	(c) The former registered owner of a transferred vehicle,
29.20 	by an assignment in writing endorsed upon the registration
29.21 	certificate and delivered to the registrar commissioner within
29.22 	the time provided in this subdivision, shall assign, except for
29.23 	vehicles registered under section 168.187, to the new owner the
29.24 	right to have the tax paid by the former registered owner
29.25 	accredited to the new owner who duly registers the vehicle
29.26 	unless the registration stickers are surrendered to the
29.27 	commissioner before the first day of the new registration period.
29.28 	(d) Any owner at is entitled to a refund of the unused
29.29 	portion of the registration tax paid on the owner's vehicle upon
29.30 	filing a claim, verified by the commissioner, if the time of
29.31 	such occurrence, whose vehicle is:
29.32 	(1) declared by an insurance company to be a total loss due
29.33 	to flood or tornado damage,permanently destroyed,due to
29.34 	accident, fire, or an act of God as defined in section 115B.02;
29.35 	or
29.36 	(2) sold to the federal government, the state, or a
30.1 	political subdivision of the state, shall upon filing a verified
30.2 	claim be entitled to a refund of the unused portion of the tax
30.3 	paid upon the vehicle, computed as follows:.
30.4 	(1) if the vehicle is registered under the calendar year
30.5 	system of registration, the refund is computed pro rata by the
30.6 	month, 1/12 of the annual tax paid for each month of the year
30.7 	remaining after the month in which the plates and certificate
30.8 	were returned to the registrar;
30.9 	(2) if the vehicle is registered under the monthly series
30.10 	system of registration, the amount of 
30.11 	(e) The refund is must be equal to the sum of the amounts
30.12 	of the license fee remaining registration tax attributable to
30.13 	those months remaining in for the licensing registration period
30.14 	after the month in which the plates and certificate of
30.15 	registration or title were returned to the registrar 
30.16 	commissioner.
30.17 	(b) (f) There is hereby appropriated to the persons
30.18 	entitled to a refund, from the fund or account in the state
30.19 	treasury to which the money was credited, an amount sufficient
30.20 	to make the refund and payment.

30.21 	Sec. 36. Minnesota Statutes 2004, section 168.185, is
30.22 	amended to read:
30.23 	168.185 USDOT NUMBERS.
30.24 	(a) An owner of a truck or truck-tractor having a gross
30.25 	vehicle weight of more than 10,000 pounds, as defined in section
30.26 	169.01, subdivision 46, other than a farm truck that is not used
30.27 	in interstate commerce, shall report to the registrar at the
30.28 	time of registration its USDOT carrier number.  A person subject
30.29 	to this paragraph who does not have a USDOT number shall apply
30.30 	for the number at the time of registration by completing a form
30.31 	MCS-150 Motor Carrier Identification Report, issued by the
30.32 	Federal Motor Carrier Safety Administration, or comparable
30.33 	document as determined by the registrar. The registrar shall
30.34 	not assign a USDOT carrier number to a vehicle owner who is not
30.35 	subject to this paragraph.
30.36 	(b) Assigned USDOT numbers need not be displayed on the
31.1 	outside of the vehicle, but must be made available upon request
31.2 	of an authorized agent of the registrar, peace officer, other
31.3 	employees of the State Patrol authorized in chapter 299D, or
31.4 	employees of the Minnesota Department of Transportation.  The
31.5 	vehicle owner shall notify the registrar if there is a change to
31.6 	the owner's USDOT number.
31.7 	(c) If an owner fails to report or apply for a USDOT
31.8 	number, the registrar shall suspend the owner's registration.
31.9 	(d) Until October 1, 2003, paragraphs (a) to (c) do not
31.10 	apply to an agricultural fertilizer or agricultural chemical
31.11 	retailer while exclusively engaged in delivering fertilizer or
31.12 	agricultural chemicals to a farmer for on-farm use.

31.13 	Sec. 37. Minnesota Statutes 2004, section 168.27, is
31.14 	amended by adding a subdivision to read:
31.15 		Subd. 28.E85 label. A licensed motor vehicle dealer who
31.16 	offers for sale a vehicle that may be operated on E85 fuel,
31.17 	within the meaning of section 296A.01, subdivision 19, must
31.18 	affix to the vehicle a temporary label on the window or
31.19 	windshield that identifies the automobile as capable of
31.20 	operating on E85.  The label must bear a logo approved by the
31.21 	commissioner of commerce.

31.22 	Sec. 38. Minnesota Statutes 2004, section 168.31,
31.23 	subdivision 5, is amended to read:
31.24 		Subd. 5.Refund.  For the annual registration tax paid on
31.25 	any vehicle before the calendar year registration period for
31.26 	which that tax was assessed, the owner of the vehicle who paid
31.27 	the tax shall be is entitled to full refund if such vehicle is
31.28 	permanently destroyed or removed from the state before the
31.29 	calendar year for which the tax was paid or if it is not used at
31.30 	all during the calendar year for which the tax was paid, and the
31.31 	owner makes affidavit concerning the nonuse as provided by
31.32 	section 168.012the registration stickers are surrendered before
31.33 	the first day of the new registration period.

31.34 	Sec. 39. Minnesota Statutes 2004, section 168A.20, is
31.35 	amended by adding a subdivision to read:
31.36 		Subd. 5.Satisfaction of automobile lien seven years old;
32.1 	release. (a) A security interest perfected under this chapter
32.2 	expires seven years from the perfection date for a passenger
32.3 	automobile, as defined in section 168.011, subdivision 7.
32.4 	(b) A lien holder may notify the department in writing or
32.5 	in a format approved by the department during the sixth year of
32.6 	the lien, no later than 90 days in advance of the seven-year
32.7 	anniversary, if the lien will not be satisfied during this
32.8 	registration period and the lien must be extended up to seven
32.9 	additional years as requested by the lien holder.

32.10 	Sec. 40. Minnesota Statutes 2004, section 169.01,
32.11 	subdivision 75, is amended to read:
32.12 		Subd. 75.Commercial motor vehicle.  (a) "Commercial
32.13 	motor vehicle" means a motor vehicle or combination of motor
32.14 	vehicles used to transport passengers or property if the motor
32.15 	vehicle:
32.16 	(1) has a gross vehicle weight of more than 26,000 pounds;
32.17 	(2) has a towed unit with a gross vehicle weight of more
32.18 	than 10,000 pounds and the combination of vehicles has a
32.19 	combined gross vehicle weight of more than 26,000 pounds;
32.20 	(3) is a bus;
32.21 	(4) is of any size and is used in the transportation of
32.22 	hazardous materials, except for those vehicles having a gross
32.23 	vehicle weight of 26,000 pounds or less while carrying in bulk
32.24 	tanks a total of not more than 200 gallons of petroleum products
32.25 	and liquid fertilizer that are required to be placarded under
32.26 	Code of Federal Regulations, title 49, parts 100-185; or
32.27 	(5) is outwardly equipped and identified as a school bus,
32.28 	except for type A-I and type III school buses as defined in
32.29 	subdivision 6.
32.30 	(b) For purposes of chapter 169A:
32.31 	(1) a commercial motor vehicle does not include a farm
32.32 	truck, fire-fighting equipment,an authorized emergency vehicle,
32.33 	or a recreational equipment vehicle being operated by a person
32.34 	within the scope of section 171.02, subdivision 2, paragraph
32.35 	(b); and
32.36 	(2) a commercial motor vehicle includes a vehicle capable
33.1 	of or designed to meet the standards described in paragraph (a),
33.2 	clause (2), whether or not the towed unit is attached to the
33.3 	truck-tractor at the time of the violation or stop.
33.4 	
EFFECTIVE DATE. This section is effective the day
33.5 	following final enactment.

33.6 	Sec. 41. Minnesota Statutes 2004, section 169.01,
33.7 	subdivision 76, is amended to read:
33.8 		Subd. 76.Hazardous materials.  "Hazardous materials"
33.9 	means those materials found to be hazardous for the purposes of
33.10 	the federal Hazardous Materials Transportation Act and that
33.11 	require the motor vehicle to be placarded under Code of Federal
33.12 	Regulations, title 49, part 172, subpart F parts 100-185.

33.13 	Sec. 42. Minnesota Statutes 2004, section 169.01, is
33.14 	amended by adding a subdivision to read:
33.15 		Subd. 91.School zone. "School zone" means that section
33.16 	of a street or highway that abuts the grounds of a school where
33.17 	children have access to the street or highway from the school
33.18 	property or where an established school crossing is located;
33.19 	provided, the school advance sign prescribed by the Manual on
33.20 	Uniform Traffic Control Devices adopted by the commissioner of
33.21 	transportation pursuant to section 169.06 is in place.  All
33.22 	signs erected by local authorities to designate speed limits in
33.23 	school zones must conform to the Manual on Uniform Traffic
33.24 	Control Devices.

33.25 	Sec. 43. Minnesota Statutes 2004, section 169.06,
33.26 	subdivision 5, is amended to read:
33.27 		Subd. 5.Traffic-control signal.  (a) Whenever traffic is
33.28 	controlled by traffic-control signals exhibiting different
33.29 	colored lights, or colored lighted arrows, successively one at a
33.30 	time or in combination, only the colors Green, Red, and Yellow
33.31 	shall be used, except for special pedestrian signals carrying a
33.32 	word or legend, and said .  The traffic-control signal lights
33.33 	shall or colored lighted arrows indicate and apply to drivers of
33.34 	vehicles and pedestrians as follows:
33.35 	(1) Green indication:
33.36 	(i) Vehicular traffic facing a circular green signal may
34.1 	proceed straight through or turn right or left unless a sign at
34.2 	such place prohibits either such turn.  But vehicular traffic,
34.3 	including vehicles turning right or left, shall yield the
34.4 	right-of-way to other vehicles and to pedestrians lawfully
34.5 	within the intersection or adjacent crosswalk at the time such 
34.6 	this signal is exhibited.
34.7 	(ii) Vehicular traffic facing a green arrow signal, shown
34.8 	alone or in combination with another indication, may cautiously
34.9 	enter the intersection only to make the movement indicated by
34.10 	such the arrow, or such other movement as is permitted by other
34.11 	indications shown at the same time.  Such vehicular traffic
34.12 	shall yield the right-of-way to pedestrians lawfully within an
34.13 	adjacent crosswalk and to other traffic lawfully using the
34.14 	intersection.
34.15 	(iii) Unless otherwise directed by a pedestrian-control
34.16 	signal as provided in subdivision 6, pedestrians facing any
34.17 	green signal, except when the sole green signal is a turn arrow,
34.18 	may proceed across the roadway within any marked or unmarked
34.19 	crosswalk. Every driver of a vehicle shall yield the
34.20 	right-of-way to such pedestrian, except that the pedestrian
34.21 	shall yield the right-of-way to vehicles lawfully within the
34.22 	intersection at the time that the green signal indication is
34.23 	first shown.
34.24 	(2) Steady yellow indication:
34.25 	(i) Vehicular traffic facing a circular yellow signal is
34.26 	thereby warned that the related green movement is being
34.27 	terminated or that a red indication will be exhibited
34.28 	immediately thereafter when vehicular traffic shall must not
34.29 	enter the intersection, except for the continued movement
34.30 	allowed by any green arrow indication simultaneously exhibited.
34.31 	(ii) Pedestrians facing a circular yellow signal, unless
34.32 	otherwise directed by a pedestrian-control signal as provided in
34.33 	subdivision 6, are thereby advised that there is insufficient
34.34 	time to cross the roadway before a red indication is shown and
34.35 	no pedestrian shall then start to cross the roadway.
34.36 	(iii) Vehicular traffic facing a steady yellow arrow signal
35.1 	is thereby warned that the protected vehicular movement
35.2 	permitted by the corresponding prior green arrow indication is
35.3 	being terminated.
35.4 	(3) Steady red indication:
35.5 	(i) Vehicular traffic facing a circular red signal alone
35.6 	shall must stop at a clearly marked stop line,but,if none,
35.7 	before entering the crosswalk on the near side of the
35.8 	intersection,or,if none, then before entering the intersection
35.9 	and shall remain standing until a green indication is shown,
35.10 	except as follows:  (A) the driver of a vehicle which is stopped
35.11 	as close as practicable at the entrance to the crosswalk on the
35.12 	near side of the intersection or, if none, then at the entrance
35.13 	to the intersection in obedience to a red or stop signal, and
35.14 	with the intention of making a right turn may make such the 
35.15 	right turn, after stopping, unless an official sign has been
35.16 	erected prohibiting such movement, but shall yield the
35.17 	right-of-way to pedestrians and other traffic lawfully
35.18 	proceeding as directed by the signal at said that intersection;
35.19 	or (B) the driver of a vehicle on a one-way street which
35.20 	intersects intersecting another one-way street on which traffic
35.21 	moves to the left shall stop in obedience to a red or stop
35.22 	signal and may then make a left turn into said the one-way
35.23 	street, unless an official sign has been erected prohibiting the
35.24 	movement, but shall yield the right-of-way to pedestrians and
35.25 	other traffic lawfully proceeding as directed by the signal at
35.26 	said that intersection; or (C) the driver of a vehicle on a
35.27 	metered ramp may proceed without stopping despite a red signal
35.28 	when there are no other vehicles on the ramp or on any
35.29 	intersecting ramp, and no vehicle passed the meter during the
35.30 	previous green signal.
35.31 	(ii) Unless otherwise directed by a pedestrian-control
35.32 	signal as provided in subdivision 6, pedestrians facing a steady
35.33 	red signal alone shall not enter the roadway.
35.34 	(iii) Vehicular traffic facing a steady red arrow signal,
35.35 	with the intention of making a movement indicated by the arrow,
35.36 	shall must stop at a clearly marked stop line,but,if none,
36.1 	before entering the crosswalk on the near side of the
36.2 	intersection,or,if none, then before entering the intersection
36.3 	and shall must remain standing until a permissive signal
36.4 	indication permitting the movement indicated by the red arrow is
36.5 	displayed, except as follows:  when an official sign has been
36.6 	erected permitting a turn on a red arrow signal, the vehicular
36.7 	traffic facing a red arrow signal indication is permitted to
36.8 	enter the intersection to turn right, or to turn left from a
36.9 	one-way street into a one-way street on which traffic moves to
36.10 	the left, after stopping, but must yield the right-of-way to
36.11 	pedestrians and other traffic lawfully proceeding as directed by
36.12 	the signal at that intersection.
36.13 	(b) In the event an official traffic-control signal is
36.14 	erected and maintained at a place other than an intersection,
36.15 	the provisions of this section are applicable except those which
36.16 	can have no application.  Any stop required shall must be made
36.17 	at a sign or marking on the pavement indicating where the
36.18 	stop shall must be made, but in the absence of any such sign or
36.19 	marking the stop shall must be made at the signal.
36.20 	(c) When a traffic-control signal indication or indications
36.21 	placed to control a certain movement or lane are so identified
36.22 	by placing a sign near the indication or indications, no other
36.23 	traffic-control signal indication or indications within the
36.24 	intersection shall control controls vehicular traffic for
36.25 	such that movement or lane.

36.26 	Sec. 44. Minnesota Statutes 2004, section 169.06,
36.27 	subdivision 6, is amended to read:
36.28 		Subd. 6.Pedestrian control signal.  (a) Whenever special
36.29 	pedestrian-control signals exhibiting the words "Walk" or "Don't
36.30 	Walk" or symbols of a "walking person" or "upraised hand" are in
36.31 	place such , the signals shall or symbols indicate as follows:
36.32 	(1) A steady "Walk," flashing or steady.  Pedestrians 
36.33 	signal or the symbol of a "walking person" indicates that a
36.34 	pedestrian facing such either of these signals may proceed
36.35 	across the roadway in the direction of the signal, possibly in
36.36 	conflict with turning vehicles. Every driver of a vehicle shall
37.1 	yield the right-of-way to such pedestrian except that the
37.2 	pedestrian shall yield the right-of-way to vehicles lawfully
37.3 	within the intersection at the time that either signal
37.4 	indication is first shown.
37.5 	(2) A "Don't Walk," signal or the symbol of an "upraised
37.6 	hand," flashing or steady.  No , indicates that a pedestrian
37.7 	shall not start to cross the roadway in the direction of such
37.8 	signals either signal, but any pedestrian who has partially
37.9 	crossed on the "Walk" or "walking person" signal indication 
37.10 	shall proceed to a sidewalk or safety island while the "Don't
37.11 	Walk" signal is showing.
37.12 	(b) A pedestrian crossing a roadway in conformity with this
37.13 	section is lawfully within the intersection and, when in a
37.14 	crosswalk, is lawfully within the crosswalk.

37.15 	Sec. 45. Minnesota Statutes 2004, section 169.09,
37.16 	subdivision 1, is amended to read:
37.17 		Subdivision 1.Driver to stop for accident with
37.18 	person individual.  The driver of any motor vehicle involved in
37.19 	an accident resulting in immediately demonstrable bodily injury
37.20 	to or death of any person individual shall immediately stop the
37.21 	vehicle at the scene of the accident, or as close to the scene
37.22 	as possible,but shall then return to and in every event,shall
37.23 	remain at,the scene of the accident,until the driver has
37.24 	fulfilled the requirements of this chapter section as to the
37.25 	giving of information.  The stop shall must be made without
37.26 	unnecessarily obstructing traffic.

37.27 	Sec. 46. Minnesota Statutes 2004, section 169.09,
37.28 	subdivision 2, is amended to read:
37.29 		Subd. 2.Driver to stop for accident to property.  The
37.30 	driver of any motor vehicle involved in an accident to a vehicle
37.31 	which is driven or attended by any person individual shall
37.32 	immediately stop such the motor vehicle at the scene of such the 
37.33 	accident, or as close thereto to the accident as possible,but
37.34 	shall forthwith return to,and in every event shall remain at,
37.35 	the scene of the accident,until the driver has fulfilled the
37.36 	requirements of this chapter section as to the giving of
38.1 	information. Every such The stop shall must be made without
38.2 	unnecessarily obstructing traffic more than is necessary.

38.3 	Sec. 47. Minnesota Statutes 2004, section 169.09,
38.4 	subdivision 3, is amended to read:
38.5 		Subd. 3.Driver to give information.  (a) The driver of
38.6 	any motor vehicle involved in an accident resulting in bodily
38.7 	injury to or death of any person individual, or damage to any
38.8 	vehicle which is driven or attended by any person individual,
38.9 	shall stop and give the driver's name, address, and date of
38.10 	birth and the registration plate number of the vehicle being
38.11 	driven, and .  The driver shall, upon request and if available,
38.12 	exhibit the driver's license or permit to drive to the person 
38.13 	individual struck or the driver or occupant of or person 
38.14 	individual attending any vehicle collided with.  The driver also
38.15 	shall give the information and upon request exhibit the license
38.16 	or permit to any police peace officer at the scene of the
38.17 	accident or who is investigating the accident.  The driver shall
38.18 	render reasonable assistance to any person individual injured in
38.19 	the accident.
38.20 	(b) If not given at the scene of the accident, the driver,
38.21 	within 72 hours thereafter after the accident, shall give upon ,
38.22 	on request to any person individual involved in the accident or
38.23 	to a peace officer investigating the accident,the name and
38.24 	address of the insurer providing automobile vehicle liability
38.25 	insurance coverage, and the local insurance agent for the
38.26 	insurer.

38.27 	Sec. 48. Minnesota Statutes 2004, section 169.09,
38.28 	subdivision 4, is amended to read:
38.29 		Subd. 4.Collision with unattended vehicle.  The driver
38.30 	of any motor vehicle which that collides with and damages any
38.31 	vehicle which that is unattended shall immediately stop and
38.32 	either locate and notify the driver or owner of the vehicle of
38.33 	the name and address of the driver and registered owner of the
38.34 	vehicle striking the unattended vehicle, shall report the this 
38.35 	same information to a police peace officer, or shall leave in a
38.36 	conspicuous place in or secured to the vehicle struck,a written
39.1 	notice giving the name and address of the driver and of
39.2 	the registered owner of the vehicle doing the striking.

39.3 	Sec. 49. Minnesota Statutes 2004, section 169.09,
39.4 	subdivision 5, is amended to read:
39.5 		Subd. 5.Notify owner of damaged property.  The driver of
39.6 	any vehicle involved in an accident resulting only in damage to
39.7 	fixtures legally upon or adjacent to a highway shall take
39.8 	reasonable steps to locate and notify the owner or person in
39.9 	charge of such the property of such that fact and ,of the
39.10 	driver's name and address,and of the registration plate number
39.11 	of the vehicle being driven and shall, upon request and if
39.12 	available, exhibit the driver's or chauffeur's license, and make
39.13 	report of such the accident in every case.  The report shall 
39.14 	must be made in the same manner as a report made pursuant to
39.15 	subdivision 7.

39.16 	Sec. 50. Minnesota Statutes 2004, section 169.09,
39.17 	subdivision 6, is amended to read:
39.18 		Subd. 6.notify police notice of personal injury.  The
39.19 	driver of a vehicle involved in an accident resulting in bodily
39.20 	injury to or death of any person individual shall, after
39.21 	compliance with the provisions of this section,and by the
39.22 	quickest means of communication, give notice of the accident to
39.23 	the local police department,if the accident occurs within a
39.24 	municipality, or to a State Patrol officer if the accident
39.25 	occurs on a trunk highway, or to the office of the sheriff of
39.26 	the county.

39.27 	Sec. 51. Minnesota Statutes 2004, section 169.09,
39.28 	subdivision 7, is amended to read:
39.29 		Subd. 7.Accident report to commissioner. (a) The driver
39.30 	of a vehicle involved in an accident resulting in bodily injury
39.31 	to or death of any person individual or total property damage to
39.32 	an apparent extent of $1,000 or more, shall forward a written
39.33 	report of the accident to the commissioner of public safety
39.34 	within ten days thereof of the accident.  On the required
39.35 	report, the driver shall provide the commissioner with the name
39.36 	and policy number of the insurer providing vehicle
40.1 	liability insurance coverage at the time of the accident.
40.2 	(b) On determining that the original report of any driver
40.3 	of a vehicle involved in an accident of which report must be
40.4 	made as provided in this section is insufficient, the
40.5 	commissioner of public safety may require the driver to file
40.6 	supplementary reports information.

40.7 	Sec. 52. Minnesota Statutes 2004, section 169.09,
40.8 	subdivision 8, is amended to read:
40.9 		Subd. 8.Officer to report accident to commissioner.
 40.10 	A law enforcement peace officer who, in the regular course of
40.11 	duty, investigates a motor vehicle an accident that must be
40.12 	reported under this section shall, within ten days after the
40.13 	date of the accident, forward an electronic or written report of
40.14 	the accident to as prescribed by the commissioner of public
40.15 	safety.

40.16 	Sec. 53. Minnesota Statutes 2004, section 169.09,
40.17 	subdivision 9, is amended to read:
40.18 		Subd. 9.Accident report forms format.  The Department 
40.19 	commissioner of public safety shall prepare electronic or
40.20 	written forms prescribe the format for the accident reports
40.21 	required under this section.  Upon request the
40.22 	department commissioner shall supply make available the forms 
40.23 	format to police departments, coroners, sheriffs, garages, and
40.24 	other suitable agencies or individuals. The forms must be
40.25 	appropriate with respect to the persons required to make the
40.26 	reports and the purposes to be served.The electronic or
40.27 	written report forms to be completed by persons individuals 
40.28 	involved in accidents and by investigating peace officers
40.29 	must call for sufficiently detailed information to disclose with
40.30 	reference to a traffic accident the causes, existing conditions
40.31 	then existing, and the persons individuals and vehicles involved.

40.32 	Sec. 54. Minnesota Statutes 2004, section 169.09,
40.33 	subdivision 11, is amended to read:
40.34 		Subd. 11.Coroner to report death.  Every coroner or
40.35 	other official performing like functions shall report in writing
40.36 	to the Department commissioner of public safety the death of any
41.1 	person individual within the coroner's jurisdiction as the
41.2 	result of an accident involving a motor vehicle and the
41.3 	circumstances of the accident.  The report shall must be made
41.4 	within 15 days after the death.
41.5 	In the case of drivers killed in motor vehicle accidents
41.6 	and of the death of pedestrians 16 years of age or older, who
41.7 	die within four hours after an accident, the coroner or other
41.8 	official performing like functions shall examine the body and
41.9 	shall make tests as are necessary to determine the presence and
41.10 	percentage concentration of alcohol, and drugs if feasible, in
41.11 	the blood of the victim.  This information shall must be
41.12 	included in each report submitted pursuant to the provisions of
41.13 	this subdivision and shall be tabulated on a monthly basis by
41.14 	the Department commissioner of public safety.  This information
41.15 	may be used only for statistical purposes which that do not
41.16 	reveal the identity of the deceased.

41.17 	Sec. 55. Minnesota Statutes 2004, section 169.09,
41.18 	subdivision 12, is amended to read:
41.19 		Subd. 12.Garage to report bullet damage.  The
41.20 	person individual in charge of any garage or repair shop to
41.21 	which is brought any motor vehicle which that shows evidence of
41.22 	having been struck by any bullet shall immediately report to the
41.23 	local police or sheriff and to the commissioner of public safety
41.24 	within 24 hours after such motor the vehicle is received, giving
41.25 	the engine number if any, registration plate number,and the
41.26 	name and address of the registered owner or operator of such the 
41.27 	vehicle.

41.28 	Sec. 56. Minnesota Statutes 2004, section 169.09,
41.29 	subdivision 14, is amended to read:
41.30 		Subd. 14.Penalties.  (a) The driver of any vehicle who
41.31 	violates subdivision 1 or 6 and who did not cause the accident
41.32 	is punishable as follows:
41.33 	(1) if the accident results in the death of any person 
41.34 	individual, the driver is guilty of a felony and may be
41.35 	sentenced to imprisonment for not more than three years, or to
41.36 	payment of a fine of not more than $5,000, or both;
42.1 	(2) if the accident results in great bodily harm to any
42.2 	person individual, as defined in section 609.02, subdivision 8,
42.3 	the driver is guilty of a felony and may be sentenced to
42.4 	imprisonment for not more than two years, or to payment of a
42.5 	fine of not more than $4,000, or both; or
42.6 	(3) if the accident results in substantial bodily harm to
42.7 	any person individual, as defined in section 609.02, subdivision
42.8 	7a, the driver may be sentenced to imprisonment for not more
42.9 	than one year, or to payment of a fine of not more than $3,000,
42.10 	or both.
42.11 	(b) The driver of any vehicle involved in an accident not
42.12 	resulting in substantial bodily harm or death who violates
42.13 	subdivision 1 or 6 may be sentenced to imprisonment for not more
42.14 	than one year, or to payment of a fine of not more than $3,000,
42.15 	or both.
42.16 	(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
42.17 	10,11, or 12 is guilty of a misdemeanor.
42.18 	(d) The attorney in the jurisdiction in which the violation
42.19 	occurred who is responsible for prosecution of misdemeanor
42.20 	violations of this section shall also be responsible for
42.21 	prosecution of gross misdemeanor violations of this section.

42.22 	Sec. 57. Minnesota Statutes 2004, section 169.09, is
42.23 	amended by adding a subdivision to read:
42.24 		Subd. 14a.Violation; penalty for owner or lessee. (a)
42.25 	If a motor vehicle is operated in violation of subdivision 1, 2,
42.26 	3, 4, 5, 6, 7, or 10, the owner of the vehicle, or for a leased
42.27 	motor vehicle the lessee of the vehicle, is guilty of a petty
42.28 	misdemeanor.
42.29 	(b) The owner or lessee may not be fined under paragraph
42.30 	(a) if (1) another person is convicted for that violation or (2)
42.31 	the motor vehicle was stolen at the time of the violation.
42.32 	(c) Paragraph (a) does not apply to a lessor of a motor
42.33 	vehicle if the lessor keeps a record of the name and address of
42.34 	the lessee.
42.35 	(d) Paragraph (a) does not prohibit or limit the
42.36 	prosecution of a motor vehicle operator for violating
43.1 	subdivision 1, 2, 3, 4, 5, 6, 7, or 10.
43.2 	(e) A violation under paragraph (a) does not constitute
43.3 	grounds for revocation or suspension of the owner's or lessee's
43.4 	driver's license.
43.5 	
EFFECTIVE DATE. This section is effective August 1, 2005,
43.6 	and applies to offenses committed on or after that date.

43.7 	Sec. 58. Minnesota Statutes 2004, section 169.09,
43.8 	subdivision 15, is amended to read:
43.9 		Subd. 15.Defense.  It is an affirmative defense to
43.10 	prosecution under subdivisions 1, 2, and 6 that the driver left
43.11 	the scene of the accident to take any person individual 
43.12 	suffering immediately demonstrable bodily injury in the accident
43.13 	to receive emergency medical care if the driver of the involved
43.14 	vehicle gives notice to a law enforcement agency as required by
43.15 	subdivision 6 as soon as reasonably feasible after the emergency
43.16 	medical care has been undertaken.

43.17 	Sec. 59. Minnesota Statutes 2004, section 169.09, is
43.18 	amended by adding a subdivision to read:
43.19 		Subd. 16.Commissioner as agent for service of
43.20 	process. The use and operation by a resident of this state or
43.21 	the resident's agent, or by a nonresident or the nonresident's
43.22 	agent, of a motor vehicle within the state of Minnesota, is
43.23 	deemed an irrevocable appointment by the resident if absent from
43.24 	this state continuously for six months or more following an
43.25 	accident, or by the nonresident at any time, of the commissioner
43.26 	of public safety to be the resident's or nonresident's true and
43.27 	lawful attorney upon whom may be served all legal process in any
43.28 	action or proceeding against the resident or nonresident or the
43.29 	executor, administrator, or personal representative of the
43.30 	resident or nonresident growing out of the use and operation of
43.31 	a motor vehicle within this state, resulting in damages or loss
43.32 	to person or property, whether the damage or loss occurs on a
43.33 	highway or on abutting public or private property.  This
43.34 	appointment is binding upon the nonresident's executor,
43.35 	administrator, or personal representative.  The use or operation
43.36 	of a motor vehicle by the resident or nonresident is a
44.1 	signification of agreement that any process in any action
44.2 	against the resident or nonresident or executor, administrator,
44.3 	or personal representative of the resident or nonresident that
44.4 	is so served has the same legal force and validity as if served
44.5 	upon the resident or nonresident personally or on the executor,
44.6 	administrator, or personal representative of the resident or
44.7 	nonresident.  Service of process must be made by serving a copy
44.8 	thereof upon the commissioner or by filing a copy in the
44.9 	commissioner's office, together with payment of a fee of $20,
44.10 	and is deemed sufficient service upon the absent resident or the
44.11 	nonresident or the executor, administrator, or personal
44.12 	representative of the resident or nonresident; provided that,
44.13 	notice of service and a copy of the process are within ten days
44.14 	thereafter sent by mail by the plaintiff to the defendant at the
44.15 	defendant's last known address and that the plaintiff's
44.16 	affidavit of compliance with the provisions of this chapter is
44.17 	attached to the summons.

44.18 	Sec. 60. Minnesota Statutes 2004, section 169.09, is
44.19 	amended by adding a subdivision to read:
44.20 		Subd. 17.Continuance of court proceeding; costs. The
44.21 	court in which the action is pending may order a continuance as
44.22 	may be necessary to afford the defendant reasonable opportunity
44.23 	to defend the action, not exceeding 90 days from the date of
44.24 	filing of the action in that court.  The fee of $20 paid by the
44.25 	plaintiff to the commissioner at the time of service of the
44.26 	proceedings must be taxed in the plaintiff's cost if the
44.27 	plaintiff prevails in the suit.  The commissioner shall keep a
44.28 	record of all processes so served, which must show the day and
44.29 	hour of service.

44.30 	Sec. 61. Minnesota Statutes 2004, section 169.14, is
44.31 	amended by adding a subdivision to read:
44.32 		Subd. 1a.License revocation. The driver's license of a
44.33 	person who violates any speed limit established in this section,
44.34 	by driving in excess of 100 miles per hour, is revoked for six
44.35 	months under section 171.17, or for a longer minimum period of
44.36 	time applicable under section 169A.53, 169A.54, or 171.174.

45.1 	Sec. 62. Minnesota Statutes 2004, section 169.14,
45.2 	subdivision 2, is amended to read:
45.3 		Subd. 2.Speed limits.  (a) Where no special hazard
45.4 	exists the following speeds shall be lawful, but any speeds in
45.5 	excess of such limits shall be prima facie evidence that the
45.6 	speed is not reasonable or prudent and that it is unlawful;
45.7 	except that the speed limit within any municipality shall be a
45.8 	maximum limit and any speed in excess thereof shall be unlawful:
45.9 	(1) 30 miles per hour in an urban district or on a town
45.10 	road in a rural residential district;
45.11 	(2) 65 miles per hour on noninterstate freeways and
45.12 	expressways, as defined in section 160.02, subdivision 19;
45.13 	(3) 55 miles per hour in locations other than those
45.14 	specified in this section;
45.15 	(4) 70 miles per hour on interstate highways outside the
45.16 	limits of any urbanized area with a population of greater than
45.17 	50,000 as defined by order of the commissioner of
45.18 	transportation;
45.19 	(5) 65 miles per hour on interstate highways inside the
45.20 	limits of any urbanized area with a population of greater than
45.21 	50,000 as defined by order of the commissioner of
45.22 	transportation;
45.23 	(6) ten miles per hour in alleys; and 
45.24 	(7) 25 miles per hour in residential roadways if adopted by
45.25 	the road authority having jurisdiction over the residential
45.26 	roadway; and 
45.27 	(8) 25 miles per hour in school zones.
45.28 	(b) A speed limit adopted under paragraph (a), clause (7),
45.29 	is not effective unless the road authority has erected signs
45.30 	designating the speed limit and indicating the beginning and end
45.31 	of the residential roadway on which the speed limit applies.
45.32 	(c) For purposes of this subdivision, "rural residential
45.33 	district" means the territory contiguous to and including any
45.34 	town road within a subdivision or plat of land that is built up
45.35 	with dwelling houses at intervals of less than 300 feet for a
45.36 	distance of one-quarter mile or more.
46.1 	(d) Notwithstanding section 609.0331 or 609.101 or other
46.2 	law to the contrary, a person who violates a speed limit
46.3 	established in this subdivision, or a speed limit designated on
46.4 	an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by
46.5 	driving 20 miles per hour or more in excess of the applicable
46.6 	speed limit, is assessed an additional surcharge equal to the
46.7 	amount of the fine imposed for the speed violation, but not less
46.8 	than $25.

46.9 	Sec. 63. Minnesota Statutes 2004, section 169.14,
46.10 	subdivision 4, is amended to read:
46.11 		Subd. 4.Establishment of zones by commissioner. Except
46.12 	as provided in subdivision 5a,on determining upon the basis of
46.13 	an engineering and traffic investigation that any speed set
46.14 	forth in this section is greater or less than is reasonable or
46.15 	safe under the conditions found to exist on any trunk highway or
46.16 	upon any part thereof, the commissioner may erect appropriate
46.17 	signs designating a reasonable and safe speed limit thereat,
46.18 	which speed limit shall be becomes effective when such the signs
46.19 	are erected there.  Any speeds speed in excess of such these 
46.20 	limits shall be is prima facie evidence that the speed is not
46.21 	reasonable or prudent and that it is unlawful; except that any
46.22 	speed limit within any municipality shall be or within any
46.23 	school zone is a maximum limit and any speed in excess thereof
46.24 	shall be of that limit is unlawful.  On determining upon that
46.25 	basis that a part of the trunk highway system outside a
46.26 	municipality should be a zone of maximum speed limit, the
46.27 	commissioner may establish that part as such a zone by erecting
46.28 	appropriate signs showing the beginning and end of the zone,
46.29 	designating a reasonable and safe speed therefor, which may be
46.30 	different than the speed set forth in this section, and that it
46.31 	is a zone of maximum speed limit.  The speed so designated by
46.32 	the commissioner within any such zone shall be is a maximum
46.33 	speed limit, and speed in excess of such that limit shall be is 
46.34 	unlawful.  The commissioner may in the same manner from time to
46.35 	time alter the boundary of such a zone and the speed limit
46.36 	therein or eliminate such the zone.

47.1 	Sec. 64. Minnesota Statutes 2004, section 169.14,
47.2 	subdivision 5a, is amended to read:
47.3 		Subd. 5a.Speed zoning in school zone; surcharge.  (a) A 
47.4 	local authorities authority, with the agreement of a school
47.5 	board or nonpublic school administration,may establish a school 
47.6 	speed limit that is less than 25 miles per hour within a school
47.7 	zone of a public or nonpublic school upon the basis of an
47.8 	engineering and traffic investigation as prescribed by the
47.9 	commissioner of transportation located on a street or highway
47.10 	within the jurisdiction of the local authority.  The
47.11 	establishment of a school speed limit that is more than or less
47.12 	than 25 miles per hour on any trunk highway shall must be with
47.13 	the consent by agreement of the commissioner of transportation
47.14 	with the school board or, in the case of a nonpublic school,
47.15 	with the school's administrator. Such School speed limits shall
47.16 	be are in effect when children are present, going to or leaving
47.17 	school during opening or closing hours or during school recess
47.18 	periods. The school speed limit shall not be lower than 15
47.19 	miles per hour and shall not be more than 30 miles per hour
47.20 	below the established speed limit on an affected street or
47.21 	highway.
47.22 	(b) The school speed limit shall be becomes effective upon
47.23 	the erection of appropriate signs designating the speed and
47.24 	indicating the beginning and end of the reduced speed zone.  Any
47.25 	speed in excess of such the posted school speed limit is
47.26 	unlawful. All such These signs shall must be erected by the
47.27 	local authorities on those streets and highways under their
47.28 	respective jurisdictions and by the commissioner of
47.29 	transportation on trunk highways.
47.30 	(c) For the purpose of this subdivision, "school zone"
47.31 	means that section of a street or highway which abuts the
47.32 	grounds of a school where children have access to the street or
47.33 	highway from the school property or where an established school
47.34 	crossing is located provided the school advance sign prescribed
47.35 	by the manual on uniform traffic control devices adopted by the
47.36 	commissioner of transportation pursuant to section 169.06 is in
48.1 	place.  All signs erected by local authorities to designate
48.2 	speed limits in school zones shall conform to the Manual on
48.3 	Uniform Control Devices.
48.4 	(d) Notwithstanding section 609.0331 or 609.101 or other
48.5 	law to the contrary, a person who violates a speed limit
48.6 	established under this subdivision is assessed an additional
48.7 	surcharge equal to the amount of the fine imposed for the
48.8 	violation, but not less than $25.

48.9 	Sec. 65. Minnesota Statutes 2004, section 169.28,
48.10 	subdivision 2, is amended to read:
48.11 		Subd. 2.Exempt crossing.  (a) The commissioner may
48.12 	designate a crossing as an exempt crossing if the crossing is:
48.13 	(1) if the crossing is on a rail line on which service has
48.14 	been abandoned; or 
48.15 	(2) if the crossing is on a rail line that carries fewer
48.16 	than five trains each year, traveling at speeds of ten miles per
48.17 	hour or less; or 
48.18 	(3) as agreed to by the operating railroad and the
48.19 	Department of Transportation, following a diagnostic review of
48.20 	the crossing.
48.21 	(b) The commissioner shall direct the railroad to erect at
48.22 	the crossing signs bearing the word "Exempt" that conform to
48.23 	section 169.06.  The installation or presence of an exempt sign
48.24 	does not relieve a driver of the duty to use due care.  A train
48.25 	must not proceed across an exempt crossing unless a police
48.26 	officer is present to direct traffic or a railroad employee is
48.27 	on the ground to warn traffic until the train enters the
48.28 	crossing.
48.29 	(c) A vehicle that must stop at grade crossings under
48.30 	subdivision 1 is not required to stop at a marked exempt
48.31 	crossing unless directed otherwise by a police officer or a
48.32 	railroad employee.

48.33 	Sec. 66. Minnesota Statutes 2004, section 169.448, is
48.34 	amended by adding a subdivision to read:
48.35 		Subd. 4.Day activity center buses. Notwithstanding
48.36 	subdivision 1, a vehicle used to transport adults to and from a
49.1 	day activity center may be equipped with prewarning flashing
49.2 	amber signals and a stop-signal arm, and the operator of the
49.3 	vehicle may activate this equipment, under the following
49.4 	circumstances:
49.5 	(1) the operator possesses a commercial driver's license
49.6 	with a school bus endorsement;
49.7 	(2) the vehicle is engaged in picking up or dropping off
49.8 	adults at locations predesignated by the day activity center
49.9 	that owns or leases the bus;
49.10 	(3) the vehicle is identified as a "day activity center
49.11 	bus" in letters at least eight inches high on the front and rear
49.12 	top of the bus; and 
49.13 	(4) the name, address, and telephone number of the owner
49.14 	and operator of the bus is identified on each front door of the
49.15 	bus in letters not less than three inches high.
49.16 	The provisions of section 169.444 relating to duties of
49.17 	care of a motorist to a school bus, and violations thereof,
49.18 	apply to a vehicle described in this section when the vehicle is
49.19 	operated in conformity with this subdivision.  The provisions of
49.20 	section 169.443 relating to bus driver's duties apply to a
49.21 	vehicle described in this section except those that by their
49.22 	nature have no application.

49.23 	Sec. 67. [169.472] USE OF MOBILE TELEPHONES.
49.24 		Subdivision 1.Prohibition. No person may operate a
49.25 	cellular or wireless telephone, whether handheld or hands free,
49.26 	while operating a bus, while the bus is in motion.
49.27 		Subd. 2.Defense. It is an affirmative defense against a
49.28 	charge of violating subdivision 1 for a person to produce
49.29 	evidence that the mobile telephone was used for the purpose of
49.30 	contacting the following in response to an emergency:
49.31 	(1) a 911 or other emergency telephone number;
49.32 	(2) a hospital, clinic, or doctor's office;
49.33 	(3) an ambulance service provider;
49.34 	(4) a fire department or law enforcement agency; or 
49.35 	(5) a first aid squad.

49.36 	Sec. 68. Minnesota Statutes 2004, section 169.522, is
50.1 	amended to read:
50.2 	169.522 SLOW-MOVING VEHICLE, SIGN REQUIRED.
50.3 		Subdivision 1.Displaying emblem; rules. (a) All
50.4 	animal-drawn vehicles, motorized golf carts when operated on
50.5 	designated roadways pursuant to section 169.045, implements of
50.6 	husbandry, and other machinery, including all road construction
50.7 	machinery, which are designed for operation at a speed of 30
50.8 	miles per hour or less shall , must display a triangular
50.9 	slow-moving vehicle emblem, except (1) when being used in actual
50.10 	construction and maintenance work and traveling within the
50.11 	limits of a construction area which is marked in accordance with
50.12 	requirements of the Manual on Uniform Traffic Control Devices,
50.13 	as set forth in section 169.06, or (2) for a towed implement of
50.14 	husbandry that is empty and that is not self-propelled, in which
50.15 	case it may be towed at lawful speeds greater than 30 miles per
50.16 	hour without removing the slow-moving vehicle emblem.  The
50.17 	emblem shall must consist of a fluorescent yellow-orange or
50.18 	illuminated red-orange triangle with a dark red reflective
50.19 	border and be mounted so as to be visible from a distance of not
50.20 	less than 600 feet to the rear.  When a primary power unit
50.21 	towing an implement of husbandry or other machinery displays a
50.22 	slow-moving vehicle emblem visible from a distance of 600 feet
50.23 	to the rear, it shall is not be necessary to display a similar
50.24 	emblem on the secondary unit. After January 1, 1975,All
50.25 	slow-moving vehicle emblems sold in this state shall must be so
50.26 	designed that when properly mounted they are visible from a
50.27 	distance of not less than 600 feet to the rear when directly in
50.28 	front of lawful lower beam of headlamps on a motor vehicle.  The
50.29 	commissioner of public safety shall adopt standards and
50.30 	specifications for the design and position of mounting the
50.31 	slow-moving vehicle emblem.  Such standards and
50.32 	specifications shall must be adopted by rule in accordance with
50.33 	the Administrative Procedure Act. A violation of this section
50.34 	shall not be admissible evidence in any civil cause of action
50.35 	arising prior to January 1, 1970.
50.36 	(b) An alternate slow-moving vehicle emblem consisting of a
51.1 	dull black triangle with a white reflective border may be used
51.2 	after obtaining a permit from the commissioner under rules of
51.3 	the commissioner.  A person with a permit to use an alternate
51.4 	slow-moving vehicle emblem must:
51.5 	(1) carry in the vehicle a regular slow-moving vehicle
51.6 	emblem and display the emblem when operating a vehicle between
51.7 	sunset and sunrise, and at any other time when visibility is
51.8 	impaired by weather, smoke, fog, or other conditions; and
51.9 	(2) permanently affix to the rear of the slow-moving
51.10 	vehicle at least 72 square inches of reflective tape that
51.11 	reflects the color red.
51.12 		Subd. 2.Prohibition on use. The use of this emblem
51.13 	shall be is restricted to the slow-moving vehicles specified in
51.14 	subdivision 1 and its use on any other type of vehicle or
51.15 	stationary object on the highway is prohibited.
51.16 		Subd. 3.Display required. No person shall sell, lease,
51.17 	rent, or operate any slow-moving vehicle, as defined in
51.18 	subdivision 1, except motorized golf carts and except those
51.19 	units designed to be completely mounted on a primary power unit,
51.20 	which is manufactured or assembled on or after July 1, 1967,
51.21 	unless such the vehicle is equipped with a slow-moving vehicle
51.22 	emblem-mounting device as specified in subdivision 1.  Provided
51.23 	however, no a slow-moving vehicle shall must not be operated
51.24 	without such slow-moving vehicle emblem after January 1, 1968.

51.25 	Sec. 69. Minnesota Statutes 2004, section 169.733, is
51.26 	amended to read:
51.27 	169.733 WHEEL FLAPS ON TRUCK AND TRAILER.
51.28 		Subdivision 1.Vehicles generally. Every truck,
51.29 	truck-tractor, trailer, semitrailer, pole trailer, and rear-end
51.30 	dump truck, excepting rear-end dump farm trucks and military
51.31 	vehicles of the United States, shall must be provided with wheel
51.32 	flaps or other suitable protection above and behind the rearmost
51.33 	wheels of the vehicle or combination of vehicles to prevent, as
51.34 	far as practicable, such wheels from throwing dirt, water, or
51.35 	other materials on the windshields of following vehicles which
51.36 	follow. Such The flaps or protectors shall must be at least
52.1 	as wide as the tires they are protecting and shall have a ground
52.2 	clearance of not more than one-fifth of the horizontal distance
52.3 	from the center of the rearmost axle to the flap under any
52.4 	conditions of loading or operation of the motor nine inches from
52.5 	the ground when the vehicle is empty.
52.6 		Subd. 2.Vehicle with conveyor belt. For a dump truck or
52.7 	truck with a rigid box fastened to its frame and having a
52.8 	conveyor belt or chain in the bottom of the vehicle which that 
52.9 	moves the cargo to the rear end of the vehicle, the flaps shall 
52.10 	must be mounted as far to the rear of the vehicle as practicable
52.11 	and shall have a ground clearance of not more than 18 inches
52.12 	when the vehicle is loaded.
52.13 		Subd. 3.Bottom-dump vehicle. In addition to meeting the
52.14 	requirements of subdivision 1,a bottom-dump cargo vehicle
52.15 	transporting sand, gravel, aggregate, dirt, lime rock, silica,
52.16 	or similar material must be equipped with flaps that are mounted
52.17 	to the rear of the axles, cover the entire width of the vehicle,
52.18 	and a center flap between the wheel flaps, which must have a
52.19 	ground clearance of six inches or less when the vehicle is fully
52.20 	loaded.
52.21 		Subd. 4.Alternative requirements. If the motor vehicle
52.22 	is so designed and constructed that the above requirements are
52.23 	accomplished by means of body construction or other means of
52.24 	enclosure, then no such protectors or flaps shall be are 
52.25 	required.
52.26 		Subd. 5.Extended flaps. If the rear wheels are not
52.27 	covered at the top by fenders, body or other parts of the
52.28 	vehicle, the flap or other protective means shall must be
52.29 	extended at least to a point directly above the center of the
52.30 	rearmost axle.
52.31 		Subd. 6.Lamps or wiring. Lamps or wiring shall not be
52.32 	attached to fender flaps.

52.33 	Sec. 70. Minnesota Statutes 2004, section 169.81,
52.34 	subdivision 3c, is amended to read:
52.35 		Subd. 3c.Recreational vehicle combination.
 52.36 	Notwithstanding subdivision 3, a recreational vehicle
53.1 	combination may be operated without a permit if:
53.2 	(1) the combination does not consist of more than three
53.3 	vehicles, and the towing rating of the pickup truck is equal to
53.4 	or greater than the total weight of all vehicles being towed;
53.5 	(2) the combination does not exceed 60 70 feet in length;
53.6 	(3) the camper-semitrailer middle vehicle in the
53.7 	combination does not exceed 28 feet in length;
53.8 	(4) the operator of the combination is at least 18 years of
53.9 	age;
53.10 	(5) the trailer carrying a watercraft, motorcycle,
53.11 	motorized bicycle, off-highway motorcycle, snowmobile, or
53.12 	all-terrain vehicle meets all requirements of law;
53.13 	(6) the trailers in the combination are connected to the
53.14 	pickup truck and each other in conformity with section 169.82;
53.15 	and
53.16 	(7) the combination is not operated within the seven-county
53.17 	metropolitan area, as defined in section 473.121, subdivision 2,
53.18 	during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
53.19 	p.m. on Mondays through Fridays.
53.20 	
EFFECTIVE DATE. This section is effective the day
53.21 	following final enactment.

53.22 	Sec. 71. Minnesota Statutes 2004, section 169.824,
53.23 	subdivision 2, is amended to read:
53.24 		Subd. 2.Gross vehicle weight of all axles.  (a)
53.25 	Notwithstanding the provisions of section 169.85, the gross
53.26 	vehicle weight of all axles of a vehicle or combination of
53.27 	vehicles shall not exceed:
53.28 	(1) 80,000 pounds for any vehicle or combination of
53.29 	vehicles on all state trunk highways as defined in section
53.30 	160.02, subdivision 29, and for all routes designated under
53.31 	section 169.832, subdivision 11;
53.32 	(2) 88,000 pounds for any vehicle or combination of
53.33 	vehicles with six or more axles while exclusively engaged in
53.34 	hauling livestock on all state trunk highways other than
53.35 	interstate highways, if the vehicle has a permit under section
53.36 	169.86, subdivision 5, paragraph (k);
54.1 	(3) 73,280 pounds for any vehicle or combination of
54.2 	vehicles with five axles or less on all routes, other than state
54.3 	trunk highways and routes that are designated under section
54.4 	169.832, subdivision 11, except that a vehicle needing
54.5 	reasonable access to a terminal or facilities for food, fuel,
54.6 	repairs, and rest, located within three miles of a ten-ton
54.7 	route, may not exceed 80,000 pounds.  "Terminal" means any
54.8 	location where freight either originates, terminates, or is
54.9 	handled in the transportation process, or where commercial motor
54.10 	carriers maintain operating facilities; and
54.11 	(3) (4) 80,000 pounds for any vehicle or combination of
54.12 	vehicles with six or more axles on all routes, other than state
54.13 	trunk highways and routes that are designated under section
54.14 	169.832, subdivision 11.
54.15 	(b) The maximum weights specified in this section for five
54.16 	consecutive axles shall not apply to a four-axle ready-mix
54.17 	concrete truck which was equipped with a fifth axle prior to
54.18 	June 1, 1981.  The maximum gross weight on four or fewer
54.19 	consecutive axles of vehicles excepted by this clause shall not
54.20 	exceed any maximum weight specified for four or fewer
54.21 	consecutive axles in this section.
54.22 	
EFFECTIVE DATE. The language in paragraph (a), clause
54.23 	(2), is effective August 1, 2006.

54.24 	Sec. 72. Minnesota Statutes 2004, section 169.85,
54.25 	subdivision 1, is amended to read:
54.26 		Subdivision 1.Driver to stop for weighing.  (a) The
54.27 	driver of a vehicle that has been lawfully stopped may be
54.28 	required by an officer to submit the vehicle and load to a
54.29 	weighing by means of portable or stationary scales.
54.30 	(b) In addition, the officer may require that the vehicle
54.31 	be driven to the nearest available scales, but only if:
54.32 	(1) the distance to the scales is no further than five
54.33 	miles, or if the distance from the point where the vehicle is
54.34 	stopped to the vehicle's destination is not increased by more
54.35 	than ten miles as a result of proceeding to the nearest
54.36 	available scales; and
55.1 	(2) if the vehicle is a commercial motor vehicle, no more
55.2 	than two other commercial motor vehicles are waiting to be
55.3 	inspected at the scale.
55.4 	(c) Official traffic control devices as authorized by
55.5 	section 169.06 may be used to direct the driver to the nearest
55.6 	scale.
55.7 	(d) When a truck weight enforcement operation is conducted
55.8 	by means of portable or stationary scales and ,signs giving
55.9 	notice of the operation are must be posted within the highway
55.10 	right-of-way and adjacent to the roadway within two miles of the
55.11 	operation,.The driver of a truck or combination of vehicles
55.12 	registered for or weighing in excess of 12,000 pounds shall
55.13 	proceed to the scale site and submit the vehicle to weighing and
55.14 	inspection.

55.15 	Sec. 73. Minnesota Statutes 2004, section 169.85,
55.16 	subdivision 6, is amended to read:
55.17 		Subd. 6.Officer defined.  When used in this section, the
55.18 	word "officer" means a peace officer or member of the State
55.19 	Patrol,an employee of the Department of Public Safety described
55.20 	in section 299D.06, or a peace officer or person under the
55.21 	officer's direction and control employed by a local unit of
55.22 	government who is trained in weight enforcement by the
55.23 	Department of Public Safety.

55.24 	Sec. 74. Minnesota Statutes 2004, section 169.86,
55.25 	subdivision 5, is amended to read:
55.26 		Subd. 5.Fee; proceeds deposited; appropriation.  The
55.27 	commissioner, with respect to highways under the commissioner's
55.28 	jurisdiction, may charge a fee for each permit issued.  All such
55.29 	fees for permits issued by the commissioner of transportation
55.30 	shall be deposited in the state treasury and credited to the
55.31 	trunk highway fund.  Except for those annual permits for which
55.32 	the permit fees are specified elsewhere in this chapter, the
55.33 	fees shall be:
55.34 	(a) $15 for each single trip permit.
55.35 	(b) $36 for each job permit.  A job permit may be issued
55.36 	for like loads carried on a specific route for a period not to
56.1 	exceed two months.  "Like loads" means loads of the same
56.2 	product, weight, and dimension.
56.3 	(c) $60 for an annual permit to be issued for a period not
56.4 	to exceed 12 consecutive months.  Annual permits may be issued
56.5 	for:
56.6 	(1) motor vehicles used to alleviate a temporary crisis
56.7 	adversely affecting the safety or well-being of the public;
56.8 	(2) motor vehicles which travel on interstate highways and
56.9 	carry loads authorized under subdivision 1a;
56.10 	(3) motor vehicles operating with gross weights authorized
56.11 	under section 169.826, subdivision 1a;
56.12 	(4) special pulpwood vehicles described in section 169.863;
56.13 	(5) motor vehicles bearing snowplow blades not exceeding
56.14 	ten feet in width; and
56.15 	(6) noncommercial transportation of a boat by the owner or
56.16 	user of the boat.
56.17 	(d) $120 for an oversize annual permit to be issued for a
56.18 	period not to exceed 12 consecutive months.  Annual permits may
56.19 	be issued for:
56.20 	(1) mobile cranes;
56.21 	(2) construction equipment, machinery, and supplies;
56.22 	(3) manufactured homes;
56.23 	(4) implements of husbandry when the movement is not made
56.24 	according to the provisions of paragraph (i);
56.25 	(5) double-deck buses;
56.26 	(6) commercial boat hauling; and
56.27 	(7) three-vehicle combinations consisting of two empty,
56.28 	newly manufactured trailers for cargo, horses, or livestock, not
56.29 	to exceed 28-1/2 feet per trailer; provided, however, the permit
56.30 	allows the vehicles to be moved from a trailer manufacturer to a
56.31 	trailer dealer only while operating on twin-trailer routes
56.32 	designated under section 169.81, subdivision 3, paragraph (c).
56.33 	(e) For vehicles which have axle weights exceeding the
56.34 	weight limitations of sections 169.822 to 169.829, an additional
56.35 	cost added to the fees listed above.  However, this paragraph
56.36 	applies to any vehicle described in section 168.013, subdivision
57.1 	3, paragraph (b), but only when the vehicle exceeds its gross
57.2 	weight allowance set forth in that paragraph, and then the
57.3 	additional cost is for all weight, including the allowance
57.4 	weight, in excess of the permitted maximum axle weight.  The
57.5 	additional cost is equal to the product of the distance traveled
57.6 	times the sum of the overweight axle group cost factors shown in
57.7 	the following chart:
57.8 	Overweight Axle Group Cost Factors
57.9 	Weight (pounds)         Cost Per Mile For Each Group Of:
57.10 	exceeding       Two consec-     Three consec-   Four consec-
57.11 	weight          utive axles     utive axles     utive axles
57.12 	limitations     spaced within   spaced within   spaced within
57.13 	on axles        8 feet or less  9 feet or less  14 feet or less
57.14 	     0-2,000    .12             .05             .04
57.15 	 2,001-4,000    .14             .06             .05
57.16 	 4,001-6,000    .18             .07             .06
57.17 	 6,001-8,000    .21             .09             .07
57.18 	 8,001-10,000   .26             .10             .08
57.19 	10,001-12,000   .30             .12             .09
57.20 	12,001-14,000   Not permitted   .14             .11
57.21 	14,001-16,000   Not permitted   .17             .12
57.22 	16,001-18,000   Not permitted   .19             .15
57.23 	18,001-20,000   Not permitted   Not permitted   .16
57.24 	20,001-22,000   Not permitted   Not permitted   .20
57.25 	The amounts added are rounded to the nearest cent for each axle
57.26 	or axle group.  The additional cost does not apply to paragraph
57.27 	(c), clauses (1) and (3).
57.28 	For a vehicle found to exceed the appropriate maximum permitted
57.29 	weight, a cost-per-mile fee of 22 cents per ton, or fraction of
57.30 	a ton, over the permitted maximum weight is imposed in addition
57.31 	to the normal permit fee.  Miles must be calculated based on the
57.32 	distance already traveled in the state plus the distance from
57.33 	the point of detection to a transportation loading site or
57.34 	unloading site within the state or to the point of exit from the
57.35 	state.
57.36 	(f) As an alternative to paragraph (e), an annual permit
58.1 	may be issued for overweight, or oversize and overweight,
58.2 	construction equipment, machinery, and supplies.  The fees for
58.3 	the permit are as follows:
58.4 	Gross Weight (pounds) of Vehicle          Annual Permit Fee
58.5 	     90,000 or less                             $200
58.6 	     90,001 - 100,000                           $300
58.7 	    100,001 - 110,000                           $400
58.8 	    110,001 - 120,000                           $500
58.9 	    120,001 - 130,000                           $600
58.10 	    130,001 - 140,000                           $700
58.11 	    140,001 - 145,000                           $800
58.12 	If the gross weight of the vehicle is more than 145,000 pounds
58.13 	the permit fee is determined under paragraph (e).
58.14 	(g) For vehicles which exceed the width limitations set
58.15 	forth in section 169.80 by more than 72 inches, an additional
58.16 	cost equal to $120 added to the amount in paragraph (a) when the
58.17 	permit is issued while seasonal load restrictions pursuant to
58.18 	section 169.87 are in effect.
58.19 	(h) $85 for an annual permit to be issued for a period not
58.20 	to exceed 12 months, for refuse-compactor vehicles that carry a
58.21 	gross weight of not more than:  22,000 pounds on a single rear
58.22 	axle; 38,000 pounds on a tandem rear axle; or, subject to
58.23 	section 169.828, subdivision 2, 46,000 pounds on a tridem rear
58.24 	axle.  A permit issued for up to 46,000 pounds on a tridem rear
58.25 	axle must limit the gross vehicle weight to not more than 62,000
58.26 	pounds.
58.27 	(i) For vehicles exclusively transporting implements of
58.28 	husbandry, an annual permit fee of $24.  A vehicle operated
58.29 	under a permit authorized by this paragraph may be moved at the
58.30 	discretion of the permit holder without prior route approval by
58.31 	the commissioner if:
58.32 	(1) the total width of the transporting vehicle, including
58.33 	load, does not exceed 14 feet;
58.34 	(2) the vehicle is operated only between sunrise and 30
58.35 	minutes after sunset, and is not operated at any time after
58.36 	12:00 noon on Sundays or holidays;
59.1 	(3) the vehicle is not operated when visibility is impaired
59.2 	by weather, fog, or other conditions that render persons and
59.3 	other vehicles not clearly visible at 500 feet;
59.4 	(4) the vehicle displays at the front and rear of the load
59.5 	or vehicle a pair of flashing amber lights, as provided in
59.6 	section 169.59, subdivision 4, whenever the overall width of the
59.7 	vehicle exceeds 126 inches; and
59.8 	(5) the vehicle is not operated on a trunk highway with a
59.9 	surfaced roadway width of less than 24 feet unless such
59.10 	operation is authorized by the permit.
59.11 	A permit under this paragraph authorizes movements of the
59.12 	permitted vehicle on an interstate highway, and movements of 75
59.13 	miles or more on other highways.
59.14 	(j) $300 for a motor vehicle described in section
59.15 	169.8261.  The fee under this paragraph must be deposited as
59.16 	follows:
59.17 	(1) in fiscal years 2005 through 2010:
59.18 	(i) the first $50,000 in each fiscal year must be deposited
59.19 	in the trunk highway fund for costs related to administering the
59.20 	permit program and inspecting and posting bridges;
59.21 	(ii) all remaining money in each fiscal year must be
59.22 	deposited in a bridge inspection and signing account in the
59.23 	special revenue fund.  Money in the account is appropriated to
59.24 	the commissioner for:
59.25 	(A) inspection of local bridges and identification of local
59.26 	bridges to be posted, including contracting with a consultant
59.27 	for some or all of these functions; and
59.28 	(B) erection of weight-posting signs on local bridges; and
59.29 	(2) in fiscal year 2011 and subsequent years must be
59.30 	deposited in the trunk highway fund.
59.31 	(k) $200 for an annual permit for a vehicle operating under
59.32 	authority of section 169.824, subdivision 2, paragraph (a),
59.33 	clause (2).
59.34 	
EFFECTIVE DATE. This section is effective August 1, 2006.

59.35 	Sec. 75. [169.864] SPECIAL PAPER PRODUCTS VEHICLE
59.36 	PERMIT.
60.1 		Subdivision 1.Three-unit vehicle. The commissioner may
60.2 	issue a permit for a vehicle that meets the following
60.3 	requirements:
60.4 	(1) is a combination of vehicles, including a truck-tractor
60.5 	and a semitrailer drawing one additional semitrailer, which may
60.6 	be equipped with an auxiliary dolly.  No semitrailer used in a
60.7 	three-vehicle combination may have an overall length in excess
60.8 	of 28-1/2 feet;
60.9 	(2) has a maximum gross vehicle weight of 108,000 pounds;
60.10 	(3) complies with the axle weight limits in section 169.824
60.11 	or with the federal bridge formula for axle groups not described
60.12 	in that section;
60.13 	(4) complies with the tire weight limits in section 169.823
60.14 	or the tire manufacturers' recommended load, whichever is less;
60.15 	(5) is operated only in this state on Trunk Highway marked
60.16 	2 between Grand Rapids and the port of Duluth; on Trunk Highway
60.17 	marked 169 between Grand Rapids and its junction with Trunk
60.18 	Highway marked 53; and on Trunk Highway marked 53 between
60.19 	Virginia and the port of Duluth; and 
60.20 	(6) the seasonal weight increases authorized under section
60.21 	169.826, subdivision 1, do not apply.
60.22 		Subd. 2.Two-unit vehicle. The commissioner may issue a
60.23 	permit for a vehicle that meets the following requirements:
60.24 	(1) is a combination of vehicles consisting of a
60.25 	truck-tractor and a single semitrailer that may exceed 48 feet,
60.26 	but not 53 feet if the distance from the kingpin to the
60.27 	centerline of the rear axle group of the semitrailer does not
60.28 	exceed 43 feet;
60.29 	(2) has a maximum gross vehicle weight of 90,000 pounds;
60.30 	(3) has a maximum gross vehicle weight of 98,000 pounds
60.31 	during the time when seasonal weight increases authorized under
60.32 	section 169.826, subdivision 1, are in effect;
60.33 	(4) complies with the axle weight limits in section 169.824
60.34 	or with the federal bridge formula for axle groups not described
60.35 	in that section; and 
60.36 	(5) complies with the tire weight limits in section 169.823
61.1 	or the tire manufacturers' recommended load, whichever is less.
61.2 		Subd. 3.Restrictions. Vehicles issued permits under
61.3 	subdivisions 1 and 2 must comply with the following restrictions:
61.4 	(1) the vehicle must be operated in compliance with
61.5 	seasonal load restrictions under section 169.87;
61.6 	(2) the vehicle may not be operated on the interstate
61.7 	highway system; and 
61.8 	(3) the vehicle may be operated on streets or highways
61.9 	under the control of local authorities only upon the approval of
61.10 	the local authority; however, vehicles may have reasonable
61.11 	access to terminals and facilities for food, fuel, repairs, and
61.12 	rest and for continuity of route within one mile of the national
61.13 	network as provided by section 169.81, subdivision 3, and by
61.14 	Code of Federal Regulations, title 23, part 658.19.
61.15 		Subd. 4.Permit fee. Vehicle permits issued under
61.16 	subdivision 1, clause (1), must be annual permits.  The fee is
61.17 	$850 for each vehicle and must be deposited in the trunk highway
61.18 	fund.  An amount sufficient to administer the permit program is
61.19 	appropriated to the commissioner for the costs of administering
61.20 	the permit program.
61.21 	
EFFECTIVE DATE. This section is effective the later of
61.22 	August 1, 2006, or the date on which the commissioner determines
61.23 	that building permits have been issued for the construction of a
61.24 	new pulp and paper manufacturing facility at Grand Rapids.

61.25 	Sec. 76. Minnesota Statutes 2004, section 169.87,
61.26 	subdivision 4, is amended to read:
61.27 		Subd. 4.Vehicle transporting milk.  Until June 1,
61.28 	2003 2007, a weight restriction imposed under subdivision 1 by
61.29 	the commissioner of transportation or a local road authority, or
61.30 	imposed by subdivision 2, does not apply to a vehicle
61.31 	transporting milk from the point of production to the point of
61.32 	first processing if, at the time the weight restriction is
61.33 	exceeded, the vehicle is carrying milk loaded at only one point
61.34 	of production.  This subdivision does not authorize a vehicle
61.35 	described in this subdivision to exceed a weight restriction of
61.36 	five tons per axle by more than two tons per axle.
62.1 	
EFFECTIVE DATE. This section is effective June 1, 2005.

62.2 	Sec. 77. Minnesota Statutes 2004, section 169.87,
62.3 	subdivision 5, is amended to read:
62.4 		Subd. 5.Utility vehicles.  (a) Weight restrictions
62.5 	imposed by the commissioner under subdivision subdivisions 1 and
62.6 	2 do not apply to a two-axle or three-axle utility vehicle that
62.7 	does not exceed a weight of 20,000 pounds per single axle and
62.8 	36,000 pounds gross vehicle weight for a two-axle vehicle or
62.9 	48,000 pounds gross vehicle weight for a three-axle vehicle, if
62.10 	the vehicle is owned by:
62.11 	(1) a public utility as defined in section 216B.02;
62.12 	(2) a municipality or municipal utility that operates the
62.13 	vehicle for its municipal electric, gas, or water system; or
62.14 	(3) a cooperative electric association organized under
62.15 	chapter 308A.
62.16 	(b) The exemption in this subdivision applies only when the
62.17 	vehicle is performing service restoration or other work
62.18 	necessary to prevent an imminent loss of service.
62.19 	
EFFECTIVE DATE. This section is effective the day
62.20 	following final enactment.

62.21 	Sec. 78. Minnesota Statutes 2004, section 169.99,
62.22 	subdivision 1b, is amended to read:
62.23 		Subd. 1b.Speed.  The uniform traffic ticket must provide
62.24 	a blank or space wherein an officer who issues a citation for a
62.25 	violation of section 169.14, subdivision 2, paragraph (a),
62.26 	clause (3),a speed limit of 55 or 60 miles per hour must
62.27 	specify whether the speed was greater than ten miles per hour in
62.28 	excess of the lawful speed a 55 miles per hour speed limit, or
62.29 	more than five miles per hour in excess of a 60 miles per hour
62.30 	speed limit.

62.31 	Sec. 79. Minnesota Statutes 2004, section 169A.52,
62.32 	subdivision 3, is amended to read:
62.33 		Subd. 3.Test refusal; license revocation.  (a) Upon
62.34 	certification by the peace officer that there existed probable
62.35 	cause to believe the person had been driving, operating, or in
62.36 	physical control of a motor vehicle in violation of section
63.1 	169A.20 (driving while impaired), and that the person refused to
63.2 	submit to a test, the commissioner shall revoke the person's
63.3 	license or permit to drive, or nonresident operating privilege,
63.4 	for a period of one year even if a test was obtained pursuant to
63.5 	this section after the person refused to submit to testing.
63.6 	(b) Upon certification by the peace officer that there
63.7 	existed probable cause to believe the person had been driving,
63.8 	operating, or in physical control of a commercial motor vehicle
63.9 	with the presence of any alcohol in violation of section 169A.20
63.10 	(driving while impaired), and that the person refused to submit
63.11 	to a test, the commissioner shall disqualify the person from
63.12 	operating a commercial motor vehicle for a period of one year
63.13 	under section 171.165 (commercial driver's license
63.14 	disqualification) and shall revoke the person's license or
63.15 	permit to drive or nonresident operating privilege for a period
63.16 	of one year according to the federal regulations adopted by
63.17 	reference in section 171.165, subdivision 2.

63.18 	Sec. 80. Minnesota Statutes 2004, section 171.01,
63.19 	subdivision 22, is amended to read:
63.20 		Subd. 22.Commercial motor vehicle.  "Commercial motor
63.21 	vehicle" means a motor vehicle or combination of motor vehicles
63.22 	used to transport passengers or property if the motor vehicle:
63.23 	(1) has a gross vehicle weight of more than 26,000 pounds;
63.24 	(2) has a towed unit with a gross vehicle weight of more
63.25 	than 10,000 pounds and the combination of vehicles has a
63.26 	combined gross vehicle weight of more than 26,000 pounds;
63.27 	(3) is a bus;
63.28 	(4) is of any size and is used in the transportation of
63.29 	hazardous materials, except for those vehicles having a gross
63.30 	vehicle weight of 26,000 pounds or less and carrying in bulk
63.31 	tanks a total of not more than 200 gallons of liquid fertilizer
63.32 	and petroleum products that are required to be placarded under
63.33 	Code of Federal Regulations, title 49, parts 100-185; or
63.34 	(5) is outwardly equipped and identified as a school bus,
63.35 	except for type III school buses defined in section 169.01,
63.36 	subdivision 6, clause (5).
64.1 	
EFFECTIVE DATE. This section is effective the day
64.2 	following final enactment.

64.3 	Sec. 81. Minnesota Statutes 2004, section 171.01,
64.4 	subdivision 35, is amended to read:
64.5 		Subd. 35.Hazardous materials.  "Hazardous materials"
64.6 	means those materials found to be hazardous for the purposes of
64.7 	the federal Hazardous Materials Transportation Act and that
64.8 	require the motor vehicle to be placarded under Code of Federal
64.9 	Regulations, title 49, part 172, subpart F parts 100-185.

64.10 	Sec. 82. Minnesota Statutes 2004, section 171.01,
64.11 	subdivision 47, is amended to read:
64.12 		Subd. 47.State.  "State" means any a state of the United
64.13 	States, territory or possession of the United States,the
64.14 	District of Columbia, the Commonwealth of Puerto Rico or any
64.15 	province of the Dominion of Canada , the United States Virgin
64.16 	Islands, or any territory or insular possession subject to the
64.17 	jurisdiction of the United States.

64.18 	Sec. 83. Minnesota Statutes 2004, section 171.01, is
64.19 	amended by adding a subdivision to read:
64.20 		Subd. 48a.Tank vehicle. "Tank vehicle" means any
64.21 	commercial motor vehicle that is designed to transport any
64.22 	liquid or gaseous materials within a tank, as defined in Code of
64.23 	Federal Regulations, title 49, section 178.320, including a
64.24 	cargo tank or a portable tank as defined in Code of Federal
64.25 	Regulations, title 49, section 171.8, that is either permanently
64.26 	or temporarily attached to the vehicle or the chassis, except
64.27 	portable tanks having a rated capacity under 1,000 gallons.

64.28 	Sec. 84. Minnesota Statutes 2004, section 171.02, is
64.29 	amended to read:
64.30 	171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.
64.31 		Subdivision 1.License required. Except when expressly
64.32 	exempted, a person shall not drive a motor vehicle upon a street
64.33 	or highway in this state unless the person has a license valid
64.34 	under this chapter for the type or class of vehicle being
64.35 	driven.  The department shall not issue a driver's license to a
64.36 	person unless and until the person's license from any
65.1 	jurisdiction has been invalidated.  The department shall provide
65.2 	to the issuing department of any jurisdiction, information that
65.3 	the licensee is now licensed in Minnesota.  A person is not
65.4 	permitted to have more than one valid driver's license at any
65.5 	time.  The department shall not issue to a person to whom a
65.6 	current Minnesota identification card has been issued a driver's
65.7 	license, other than an instruction permit or a limited license,
65.8 	unless the person's Minnesota identification card has been
65.9 	invalidated.
65.10 	Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
65.11 	EXEMPTIONS.] (a) Drivers' licenses shall be are classified
65.12 	according to the types of vehicles which that may be driven by
65.13 	the holder of each type or class of license.  The commissioner
65.14 	may, as appropriate, subdivide the classes listed in this
65.15 	subdivision and issue licenses classified accordingly.
65.16 	(b) Except as provided in paragraph (c), clauses (1) and
65.17 	(2), of this subdivision and subdivision 2a, no class of license
65.18 	shall be is valid to operate a motorcycle, school bus, tank
65.19 	vehicle, double-trailer or triple-trailer combination, vehicle
65.20 	transporting hazardous materials, or bus, unless so endorsed.
65.21 	There shall be are four general classes of licenses as follows:
65.22 	(b) (c) Class D; valid for:
65.23 	(1) operating all farm trucks operated by if the farm truck
65.24 	is:
65.25 	(i) the owner, (ii) controlled and operated by a farmer,
65.26 	including operation by an immediate family member of the owner,
65.27 	(iii) or an employee of the owner not primarily employed to
65.28 	operate the farm truck, within 150 miles of the farm, or farmer;
65.29 	(ii) used to transport agricultural products, farm
65.30 	machinery, or farm supplies, to or from a farm;
65.31 	(iii) not used in the operations of a common or contract
65.32 	motor carrier as governed by Code of Federal Regulations, title
65.33 	49, part 365; and 
65.34 	(iv) an employee of the owner employed during harvest to
65.35 	operate the farm truck for the first, continuous transportation
65.36 	of agricultural products from the production site or on-farm
66.1 	storage site to any other location within 50 miles of that
66.2 	site used within 150 miles of the farm;
66.3 	(2) notwithstanding paragraph (b),operating fire trucks
66.4 	and emergency fire equipment an authorized emergency vehicle, as
66.5 	defined in section 169.01, subdivision 5, whether or not in
66.6 	excess of 26,000 pounds gross vehicle weight, operated by a
66.7 	firefighter while on duty, or a tiller operator employed by a
66.8 	fire department who drives the rear portion of a midmount aerial
66.9 	ladder truck;
66.10 	(3) operating a recreational equipment vehicle as defined
66.11 	in section 168.011, subdivision 25, that is operated for
66.12 	personal use;
66.13 	(4) operating all single-unit vehicles except vehicles with
66.14 	a gross vehicle weight of more than 26,000 pounds, vehicles
66.15 	designed to carry more than 15 passengers including the driver,
66.16 	and vehicles that carry hazardous materials; and 
66.17 	(5) notwithstanding paragraph (c) (d), operating a type A
66.18 	school bus without a school bus endorsement if:
66.19 	(i) the bus has a gross vehicle weight of 10,000 pounds or
66.20 	less;
66.21 	(ii) the bus is designed to transport 15 or fewer
66.22 	passengers, including the driver; and
66.23 	(iii) the requirements of subdivision 2a, paragraph (b),
66.24 	are satisfied, as determined by the commissioner.;
66.25 	The holder of a class D license may also tow 
66.26 	(6) operating any vehicle or combination of vehicles when
66.27 	operated by a licensed peace officer while on duty; and 
66.28 	(7) towing vehicles if:
66.29 	(i) the towed vehicles have a gross vehicle weight of
66.30 	10,000 pounds or less; or 
66.31 	(ii) the towed vehicles have a gross vehicle weight of more
66.32 	than 10,000 pounds and the combination of vehicles has a gross
66.33 	vehicle weight of 26,000 pounds or less.
66.34 	(c) (d) Class C; valid for:
66.35 	(1) operating class D motor vehicles;
66.36 	(2) with a hazardous materials endorsement, transporting
67.1 	hazardous materials in class D vehicles; and
67.2 	(3) with a school bus endorsement, operating school buses
67.3 	designed to transport 15 or fewer passengers, including the
67.4 	driver.
67.5 	(d) (e) Class B; valid for:
67.6 	(1) operating all vehicles in class C motor vehicles, class
67.7 	D motor vehicles, and all other single-unit motor vehicles
67.8 	including, with a passenger endorsement, buses.  The holder of a
67.9 	class B license may tow ; and 
67.10 	(2) towing only vehicles with a gross vehicle weight of
67.11 	10,000 pounds or less.
67.12 	(e) (f) Class A; valid for operating any vehicle or
67.13 	combination of vehicles.
67.14 		Subd. 2a.exceptions exception for certain school bus
67.15 	drivers. (a) Notwithstanding subdivision 2, (1) a hazardous
67.16 	materials endorsement is not required to operate a vehicle
67.17 	having a gross vehicle weight of 26,000 pounds or less while
67.18 	carrying in bulk tanks a total of not more than 200 gallons of
67.19 	petroleum products and (2) a class C license or hazardous
67.20 	materials endorsement is not required to operate a farm vehicle
67.21 	as defined in Code of Federal Regulations, title 49, section
67.22 	390.5, having a gross vehicle weight of 26,000 pounds or less
67.23 	while carrying in bulk tanks a total of not more than 1,500
67.24 	gallons of liquid fertilizer.
67.25 	(b) Notwithstanding subdivision 2, paragraph (c), the
67.26 	holder of a class D driver's license, without a school bus
67.27 	endorsement, may operate a type A school bus described in
67.28 	subdivision 2, paragraph (b), under the following conditions:
67.29 	(1) (a) The operator is an employee of the entity that
67.30 	owns, leases, or contracts for the school bus and is not solely
67.31 	hired to provide transportation services under this paragraph 
67.32 	subdivision.
67.33 	(2) (b) The operator drives the school bus only from points
67.34 	of origin to points of destination, not including home-to-school
67.35 	trips to pick up or drop off students.
67.36 	(3) (c) The operator is prohibited from using the
68.1 	eight-light system.  Violation of this clause paragraph is a
68.2 	misdemeanor.
68.3 	(4) (d) The operator's employer has adopted and implemented
68.4 	a policy that provides for annual training and certification of
68.5 	the operator in:
68.6 	(i) (1) safe operation of the type of school bus the
68.7 	operator will be driving;
68.8 	(ii) (2) understanding student behavior, including issues
68.9 	relating to students with disabilities;
68.10 	(iii) (3) encouraging orderly conduct of students on the
68.11 	bus and handling incidents of misconduct appropriately;
68.12 	(iv) (4) knowing and understanding relevant laws, rules of
68.13 	the road, and local school bus safety policies;
68.14 	(v) (5) handling emergency situations; and
68.15 	(vi) (6) safe loading and unloading of students.
68.16 	(5) (e) A background check or background investigation of
68.17 	the operator has been conducted that meets the requirements
68.18 	under section 122A.18, subdivision 8, or 123B.03 for teachers;
68.19 	section 144.057 or chapter 245C for day care employees; or
68.20 	section 171.321, subdivision 3, for all other persons operating
68.21 	a type A school bus under this paragraph subdivision.
68.22 	(6) (f) Operators shall submit to a physical examination as
68.23 	required by section 171.321, subdivision 2.
68.24 	(7) (g) The operator's driver's license is verified
68.25 	annually by the entity that owns, leases, or contracts for the
68.26 	school bus.
68.27 	(8) (h) A person who sustains a conviction, as defined
68.28 	under section 609.02, of violating section 169A.25, 169A.26,
68.29 	169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
68.30 	ordinance of another state is precluded from operating a school
68.31 	bus for five years from the date of conviction.
68.32 	(9) (i) A person who has ever been convicted of a
68.33 	disqualifying offense as defined in section 171.3215,
68.34 	subdivision 1, paragraph (c), may not operate a school bus under
68.35 	this paragraph subdivision.
68.36 	(10) (j) A person who sustains a conviction, as defined
69.1 	under section 609.02, of a fourth moving offense in violation of
69.2 	chapter 169 is precluded from operating a school bus for one
69.3 	year from the date of the last conviction.
69.4 	(11) (k) Students riding the school bus must have training
69.5 	required under section 123B.90, subdivision 2.
69.6 	(12) (l) An operator must be trained in the proper use of
69.7 	child safety restraints as set forth in the National Highway
69.8 	Traffic Safety Administration's "Guideline for the Safe
69.9 	Transportation of Pre-school Age Children in School Buses."
69.10 	(13) (m) Annual certification of the requirements listed in
69.11 	this paragraph subdivision must be maintained under separate
69.12 	file at the business location for each operator licensed under
69.13 	this paragraph subdivision and subdivision 2, paragraph (b),
69.14 	clause (5).  The business manager, school board, governing body
69.15 	of a nonpublic school, or any other entity that owns, leases, or
69.16 	contracts for the school bus operating under this paragraph 
69.17 	subdivision is responsible for maintaining these files for
69.18 	inspection.
69.19 	(14) (n) The school bus must bear a current certificate of
69.20 	inspection issued under section 169.451.
69.21 	(15) (o) The word "School" on the front and rear of the bus
69.22 	must be covered by a sign that reads "Activities" when the bus
69.23 	is being operated under authority of this paragraph subdivision.
69.24 		Subd. 3.Motorized bicycle. (a) No A motorized bicycle
69.25 	shall may not be operated on any public roadway by any person
69.26 	who does not possess a valid driver's license, unless the person
69.27 	has obtained a motorized bicycle operator's permit or motorized
69.28 	bicycle instruction permit from the commissioner of public
69.29 	safety.  The operator's permit may be issued to any person who
69.30 	has attained the age of 15 years and who has passed the
69.31 	examination prescribed by the commissioner.  The instruction
69.32 	permit may be issued to any person who has attained the age of
69.33 	15 years and who has successfully completed an approved safety
69.34 	course and passed the written portion of the examination
69.35 	prescribed by the commissioner.
69.36 	(b) This course must consist of, but is not limited to, a
70.1 	basic understanding of:
70.2 	(1) motorized bicycles and their limitations;
70.3 	(2) motorized bicycle laws and rules;
70.4 	(3) safe operating practices and basic operating
70.5 	techniques;
70.6 	(4) helmets and protective clothing;
70.7 	(5) motorized bicycle traffic strategies; and
70.8 	(6) effects of alcohol and drugs on motorized bicycle
70.9 	operators.
70.10 	(c) The commissioner may promulgate adopt rules prescribing
70.11 	the content of the safety course, examination, and the
70.12 	information to be contained on the permits.  A person operating
70.13 	a motorized bicycle under a motorized bicycle permit is subject
70.14 	to the restrictions imposed by section 169.974, subdivision 2,
70.15 	on operation of a motorcycle under a two-wheel instruction
70.16 	permit.
70.17 	(d) The fees for motorized bicycle operator's permits are
70.18 	as follows:
70.19 	(1) Examination and operator's permit,
70.20 	          valid for one year                     $ 6
70.21 	      (2) Duplicate                              $ 3
70.22 	      (3) Renewal permit before age 21
70.23 	          and valid until age 21                 $ 9
70.24 	      (4) Renewal permit after age 21 or older 
70.25 	          and valid for four years               $15
70.26 	      (5) Duplicate of any renewal permit        $ 4.50
70.27 	      (6) Written examination and
70.28 	          instruction permit, valid for
70.29 	          30 days                                $ 6
70.30 	Subd. 4.  [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
70.31 	commissioner may issue restricted commercial drivers' licenses
70.32 	and take the following actions to the extent that the actions
70.33 	are authorized by regulation of the United States Department of
70.34 	Transportation entitled "Waiver for Farm-Related Service
70.35 	Industries" as published in the Federal Register, April 17, 1992 
70.36 	in Code of Federal Regulations, title 49, section 383.3,
71.1 	paragraph (f):
71.2 	(1) prescribe examination requirements and other
71.3 	qualifications for the license;
71.4 	(2) prescribe classes of vehicles that may be operated by
71.5 	holders of the license;
71.6 	(3) specify commercial motor vehicle operation that is
71.7 	authorized by the license, and prohibit other commercial motor 
71.8 	vehicle operation by holders of the license; and
71.9 	(4) prescribe the period of time during which the license
71.10 	is valid.
71.11 	(b) Restricted commercial drivers' licenses are subject to
71.12 	sections 171.165 and 171.166 in the same manner as other
71.13 	commercial drivers' licenses.
71.14 	(c) Actions of the commissioner under this subdivision are
71.15 	not subject to sections 14.05 to 14.47 of the Administrative
71.16 	Procedure Act.
71.17 		Subd. 5.Exemption for certain backup snowplow drivers.
 71.18 	Pursuant to the waiver authorization set forth in Public Law
71.19 	104-59, section 345, subsection (a), paragraph (5), a person who
71.20 	operates a commercial motor vehicle for the purpose of removing
71.21 	snow or ice from a roadway by plowing, salting, or sanding is
71.22 	not required to hold a commercial driver's license if the person:
71.23 	(1) is an employee of a local unit of government with a
71.24 	population of 3,000 or less;
71.25 	(2) is operating within the boundaries of the local unit of
71.26 	government;
71.27 	(3) holds a valid class D driver's license; and
71.28 	(4) except in the event of a lawful strike, is temporarily
71.29 	replacing the employee who normally operates the vehicle but
71.30 	either is unable to operate the vehicle or is in need of
71.31 	additional assistance due to a snow emergency as determined by
71.32 	the local unit of government.

71.33 	Sec. 85. Minnesota Statutes 2004, section 171.03, is
71.34 	amended to read:
71.35 	171.03 PERSONS EXEMPT.
71.36 	The following persons are exempt from license hereunder:
72.1 	(1) (a) A person in the employ or service of the United
72.2 	States federal government is exempt while driving or operating a
72.3 	motor vehicle owned by or leased to the United States federal
72.4 	government, except that only a noncivilian operator of a
72.5 	commercial motor vehicle owned or leased by the United States
72.6 	Department of Defense or the Minnesota National Guard is exempt
72.7 	from the requirement to possess a valid commercial motor vehicle
72.8 	driver's license;.
72.9 	(b) A person in the employ or service of the United States
72.10 	federal government is exempt from the requirement to possess a
72.11 	valid class A, class B, or class C commercial driver's license
72.12 	while driving or operating for military purposes a commercial
72.13 	motor vehicle owned by or leased to the United States federal
72.14 	government if the person is:
72.15 	(1) on active duty in the U. S. Coast Guard;
72.16 	(2) on active duty in a branch of the U. S. Armed Forces,
72.17 	which includes the Army, Air Force, Navy, and Marine Corps;
72.18 	(3) a member of a reserve component of the U. S. Armed
72.19 	Forces; or 
72.20 	(4) on active duty in the Army National Guard or Air
72.21 	National Guard, which includes (i) a member on full-time
72.22 	National Guard duty, (ii) a member undergoing part-time National
72.23 	Guard training, and (iii) a National Guard military technician,
72.24 	who is a civilian required to wear a military uniform.
72.25 	The exemption provided under this paragraph does not apply to a
72.26 	U. S. Armed Forces Reserve technician.
72.27 	(2) (c) Any person while driving or operating any farm
72.28 	tractor,or implement of husbandry temporarily operated or moved 
72.29 	on a highway, and is exempt.For purposes of this section,an
72.30 	all-terrain vehicle, as defined in section 84.92, subdivision 8,
72.31 	an off-highway motorcycle, as defined in section 84.787,
72.32 	subdivision 7, and an off-road vehicle, as defined in section
72.33 	84.797, subdivision 7, are not implements of husbandry;.
72.34 	(3) (d) A nonresident who is at least 15 years of age and
72.35 	who has in immediate possession a valid driver's license issued
72.36 	to the nonresident in the home state or country may operate a
73.1 	motor vehicle in this state only as a driver;.
73.2 	(4) (e) A nonresident who has in immediate possession a
73.3 	valid commercial driver's license issued by a state or
73.4 	jurisdiction in compliance accordance with the Commercial Motor
73.5 	Vehicle Safety Act of 1986, United States Code, title 49,
73.6 	sections 521, 2304, and 2701 to 2716 standards of Code of
73.7 	Federal Regulations, title 49, part 383, and who is operating in
73.8 	Minnesota the class of commercial motor vehicle authorized by
73.9 	the issuing state;or jurisdiction is exempt.
73.10 	(5) (f) Any nonresident who is at least 18 years of age,
73.11 	whose home state or country does not require the licensing of
73.12 	drivers may operate a motor vehicle as a driver, but only for a
73.13 	period of not more than 90 days in any calendar year,if the
73.14 	motor vehicle so operated is duly registered for the current
73.15 	calendar year in the home state or country of such the 
73.16 	nonresident;.
73.17 	(6) (g) Any person who becomes a resident of the state of
73.18 	Minnesota and who has in possession a valid driver's license
73.19 	issued to the person under and pursuant to the laws of some
73.20 	other state or province jurisdiction or by military authorities
73.21 	of the United States may operate a motor vehicle as a
73.22 	driver, but only for a period of not more than 60 days after
73.23 	becoming a resident of this state,without being required to
73.24 	have a Minnesota driver's license as provided in this chapter;.
73.25 	(7) (h) Any person who becomes a resident of the state of
73.26 	Minnesota and who has in possession a valid commercial driver's
73.27 	license issued by another state or jurisdiction in
73.28 	compliance accordance with the Commercial Motor Vehicle Safety
73.29 	Act of 1986, United States Code, title 49, sections 521, 2304,
73.30 	and 2701 to 2716 standards of Code of Federal Regulations, title
73.31 	49, part 383, is exempt for not more than 30 days after becoming
73.32 	a resident of this state; and .
73.33 	(8) (i) Any person operating a snowmobile, as defined in
73.34 	section 84.81, is exempt.

73.35 	Sec. 86. Minnesota Statutes 2004, section 171.04,
73.36 	subdivision 2, is amended to read:
74.1 		Subd. 2.Disqualified operators of commercial motor 
74.2 	vehicles.  During the period of disqualification, the department
74.3 	shall not issue a class C, class B, or class A commercial 
74.4 	driver's license, including a limited license,to a person who
74.5 	has been disqualified from operating a commercial motor vehicle
74.6 	under section 171.165.

74.7 	Sec. 87. Minnesota Statutes 2004, section 171.05,
74.8 	subdivision 2, is amended to read:
74.9 		Subd. 2.Person less than 18 years of age.  (a)
74.10 	Notwithstanding any provision in subdivision 1 to the contrary,
74.11 	the department may issue an instruction permit to an applicant
74.12 	who is 15, 16, or 17 years of age and who:
74.13 	(1) has completed a course of driver education in another
74.14 	state, has a previously issued valid license from another state,
74.15 	or is enrolled in either:
74.16 	(i) a public, private, or commercial driver education
74.17 	program that is approved by the commissioner of public safety
74.18 	and that includes classroom and behind-the-wheel training; or
74.19 	(ii) an approved behind-the-wheel driver education program
74.20 	when the student is receiving full-time instruction in a home
74.21 	school within the meaning of sections 120A.22 and 120A.24, the
74.22 	student is working toward a home-school diploma, the student's
74.23 	status as a home-school student has been certified by the
74.24 	superintendent of the school district in which the student
74.25 	resides, and the student is taking home-classroom driver
74.26 	training with classroom materials approved by the commissioner
74.27 	of public safety;
74.28 	(2) has completed the classroom phase of instruction in the
74.29 	driver education program;
74.30 	(3) has passed a test of the applicant's eyesight;
74.31 	(4) has passed a department-administered test of the
74.32 	applicant's knowledge of traffic laws;
74.33 	(5) has completed the required application, which must be
74.34 	approved by (i) either parent when both reside in the same
74.35 	household as the minor applicant or, if otherwise, then (ii) the
74.36 	parent or spouse of the parent having custody or, in the event
75.1 	there is no court order for custody, then (iii) the parent or
75.2 	spouse of the parent with whom the minor is living or, if items
75.3 	(i) to (iii) do not apply, then (iv) the guardian having custody
75.4 	of the minor or, in the event a person under the age of 18 has
75.5 	no living father, mother, or guardian, or is married or
75.6 	otherwise legally emancipated, then (v) the applicant's adult
75.7 	spouse, adult close family member, or adult employer; provided,
75.8 	that the approval required by this clause contains a
75.9 	verification of the age of the applicant and the identity of the
75.10 	parent, guardian, adult spouse, adult close family member, or
75.11 	adult employer; and
75.12 	(6) has paid the fee required in section 171.06,
75.13 	subdivision 2.
75.14 	(b) The instruction permit is valid for one year two years 
75.15 	from the date of application and may be renewed upon payment of
75.16 	a fee equal to the fee for issuance of an instruction permit
75.17 	under section 171.06, subdivision 2.

75.18 	Sec. 88. Minnesota Statutes 2004, section 171.05,
75.19 	subdivision 2b, is amended to read:
75.20 		Subd. 2b.Instruction permit use by person under age 18.
 75.21 	(a) This subdivision applies to persons who have applied for and
75.22 	received an instruction permit under subdivision 2.
75.23 	(b) The permit holder may, with the permit in possession,
75.24 	operate a motor vehicle, but must be accompanied by and be under
75.25 	the supervision of a certified driver education instructor, the
75.26 	permit holder's parent or guardian, or another licensed driver
75.27 	age 21 or older.  The supervisor must occupy the seat beside the
75.28 	permit holder.
75.29 	(c) The permit holder may operate a motor vehicle only when
75.30 	every occupant under the age of 18 has a seat belt or child
75.31 	passenger restraint system properly fastened.  A person who
75.32 	violates this paragraph is subject to a fine of $25.  A peace
75.33 	officer may not issue a citation for a violation of this
75.34 	paragraph unless the officer lawfully stopped or detained the
75.35 	driver of the motor vehicle for a moving violation as defined in
75.36 	section 171.04, subdivision 1.  The commissioner shall not
76.1 	record a violation of this paragraph on a person's driving
76.2 	record.
76.3 	(d) The permit holder may not operate a vehicle while
76.4 	communicating over, or otherwise operating, a cellular or
76.5 	wireless telephone, whether handheld or hands free.  The permit
76.6 	holder may assert as an affirmative defense that the violation
76.7 	was made for the sole purpose of obtaining emergency assistance
76.8 	to prevent a crime about to be committed, or in the reasonable
76.9 	belief that a person's life or safety was in danger.
76.10 	(e) The permit holder must maintain a driving record free
76.11 	of convictions for moving violations, as defined in section
76.12 	171.04, subdivision 1, and free of convictions for violation of
76.13 	section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
76.14 	169A.53.  If the permit holder drives a motor vehicle in
76.15 	violation of the law, the commissioner shall suspend, cancel, or
76.16 	revoke the permit in accordance with the statutory section
76.17 	violated.

76.18 	Sec. 89. Minnesota Statutes 2004, section 171.055,
76.19 	subdivision 2, is amended to read:
76.20 		Subd. 2.Use of provisional license.  (a) A provisional
76.21 	license holder may operate a motor vehicle only when every
76.22 	occupant under the age of 18 has a seat belt or child passenger
76.23 	restraint system properly fastened.  A person who violates this
76.24 	paragraph is subject to a fine of $25.  A peace officer may not
76.25 	issue a citation for a violation of this paragraph unless the
76.26 	officer lawfully stopped or detained the driver of the motor
76.27 	vehicle for a moving violation as defined in section 171.04.
76.28 	The commissioner shall not record a violation of this paragraph
76.29 	on a person's driving record.
76.30 	(b) A provisional license holder may not operate a vehicle
76.31 	while communicating over, or otherwise operating, a cellular or
76.32 	wireless telephone, whether handheld or hands free.  The
76.33 	provisional license holder may assert as an affirmative defense
76.34 	that the violation was made for the sole purpose of obtaining
76.35 	emergency assistance to prevent a crime about to be committed,
76.36 	or in the reasonable belief that a person's life or safety was
77.1 	in danger.
77.2 	(c) If the holder of a provisional license during the
77.3 	period of provisional licensing incurs (1) a conviction for a
77.4 	violation of section 169A.20, 169A.33, 169A.35, or sections
77.5 	169A.50 to 169A.53, (2) a conviction for a crash-related moving
77.6 	violation, or (3) more than one conviction for a moving
77.7 	violation that is not crash related, the person may not be
77.8 	issued a driver's license until 12 consecutive months have
77.9 	expired since the date of the conviction or until the person
77.10 	reaches the age of 18 years, whichever occurs first.

77.11 	Sec. 90. Minnesota Statutes 2004, section 171.07,
77.12 	subdivision 1, is amended to read:
77.13 		Subdivision 1.License; contents.  (a) Upon the payment
77.14 	of the required fee, the department shall issue to every
77.15 	qualifying applicant a license designating the type or class of
77.16 	vehicles the applicant is authorized to drive as applied for.
77.17 	This license must bear a distinguishing number assigned to the
77.18 	licensee,;the licensee's full name, date of birth, and 
77.19 	residence address and permanent mailing address if different,;a
77.20 	description of the licensee in a manner as the commissioner
77.21 	deems necessary,;and the usual signature of the licensee.  No
77.22 	license is valid unless it bears the usual signature of the
77.23 	licensee.  Every license must bear a colored photograph or an
77.24 	electronically produced image of the licensee.
77.25 	(b) If the United States Postal Service will not deliver
77.26 	mail to the applicant's residence address as listed on the
77.27 	license, then the applicant shall provide verification from the
77.28 	United States Postal Service that mail will not be delivered to
77.29 	the applicant's residence address and that mail will be
77.30 	delivered to a specified alternate mailing address.  When an
77.31 	applicant provides an alternate mailing address under this
77.32 	subdivision, the commissioner shall use the alternate mailing
77.33 	address in lieu of the applicant's residence address for all
77.34 	notices and mailings to the applicant.
77.35 	(c) Every license issued to an applicant under the age of
77.36 	21 must be of a distinguishing color and plainly marked
78.1 	"Under-21."
78.2 	(c) (d) The department shall use processes in issuing a
78.3 	license that prohibit, as nearly as possible, the ability to
78.4 	alter or reproduce a license, or prohibit the ability to
78.5 	superimpose a photograph or electronically produced image on a
78.6 	license, without ready detection.
78.7 	(d) (e) A license issued to an applicant age 65 or over
78.8 	must be plainly marked "senior" if requested by the applicant.

78.9 	Sec. 91. Minnesota Statutes 2004, section 171.07,
78.10 	subdivision 3, is amended to read:
78.11 		Subd. 3.Identification card; fee.  (a) Upon payment of
78.12 	the required fee, the department shall issue to every qualifying
78.13 	applicant a Minnesota identification card.  The department may
78.14 	not issue a Minnesota identification card to a person an
78.15 	individual who has a driver's license, other than a limited
78.16 	license.  The card must bear a distinguishing number assigned to
78.17 	the applicant; a colored photograph or an electronically
78.18 	produced image of the applicant; the applicant's full name, date
78.19 	of birth, and residence address; a description of the applicant
78.20 	in the manner as the commissioner deems necessary; and the usual
78.21 	signature of the applicant.
78.22 	(b) If the United States Postal Service will not deliver
78.23 	mail to the applicant's residence address as listed on the
78.24 	Minnesota identification card, then the applicant shall provide
78.25 	verification from the United States Postal Service that mail
78.26 	will not be delivered to the applicant's residence address and
78.27 	that mail will be delivered to a specified alternate mailing
78.28 	address.  When an applicant provides an alternate mailing
78.29 	address under this subdivision, the commissioner shall use the
78.30 	alternate mailing address in lieu of the applicant's residence
78.31 	address for all notices and mailings to the applicant.
78.32 	(c) Each identification card issued to an applicant under
78.33 	the age of 21 must be of a distinguishing color and plainly
78.34 	marked "Under-21."
78.35 	(c) (d) Each Minnesota identification card must be plainly
78.36 	marked "Minnesota identification card - not a driver's license."
79.1 	(d) (e) The fee for a Minnesota identification card is 50
79.2 	cents when issued to a person who is mentally retarded, as
79.3 	defined in section 252A.02, subdivision 2; a physically disabled
79.4 	person, as defined in section 169.345, subdivision 2; or, a
79.5 	person with mental illness, as described in section 245.462,
79.6 	subdivision 20, paragraph (c).

79.7 	Sec. 92. Minnesota Statutes 2004, section 171.09, is
79.8 	amended to read:
79.9 	171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.
79.10 	(a) The commissioner shall have the authority, when good
79.11 	cause appears, to may impose restrictions suitable to the
79.12 	licensee's driving ability or such other restrictions applicable
79.13 	to the licensee as the commissioner may determine to be
79.14 	appropriate to assure the safe operation of a motor vehicle by
79.15 	the licensee. The commissioner may,
79.16 	(b) Pursuant to Code of Federal Regulations, title 49,
79.17 	section 383.95, if an applicant for a commercial driver's
79.18 	license either does not successfully complete the air brake
79.19 	component of the knowledge test, or does not successfully
79.20 	complete the skills test in a vehicle equipped with air brakes
79.21 	as such tests are prescribed in Code of Federal Regulations,
79.22 	title 49, part 384, the department shall indicate on the class
79.23 	C, class B, or class A commercial driver's license, if issued,
79.24 	that the individual is restricted from operating a commercial
79.25 	motor vehicle equipped with air brakes.
79.26 	(c) Upon receiving satisfactory evidence of any violation
79.27 	of the restrictions of on the license, the commissioner may 
79.28 	suspend or revoke the license.  A license suspension under this
79.29 	section is subject to section 171.18, subdivisions 2 and 3.
79.30 	(b) (d) A person who drives, operates, or is in physical
79.31 	control of a motor vehicle while in violation of the
79.32 	restrictions imposed in a restricted driver's license issued to
79.33 	that person under paragraph (a) this section is guilty of a
79.34 	crime as follows:
79.35 	(1) if the restriction relates to the possession or
79.36 	consumption of alcohol or controlled substances, the person is
80.1 	guilty of a gross misdemeanor; or
80.2 	(2) if the restriction relates to another matter, the
80.3 	person is guilty of a misdemeanor.

80.4 	Sec. 93. Minnesota Statutes 2004, section 171.12,
80.5 	subdivision 3, is amended to read:
80.6 		Subd. 3.Application and record, when destroyed.  The
80.7 	department may cause applications for drivers' licenses,
80.8 	provisional licenses, and instruction permits, and related
80.9 	records, to be destroyed immediately after the period for which
80.10 	issued, except that:
80.11 	(1) the driver's record pertaining to revocations,
80.12 	suspensions, cancellations, disqualifications, convictions, and
80.13 	accidents shall be is cumulative and must be kept for a period
80.14 	of at least five years;
80.15 	(2) the driver's record pertaining to violations of a
80.16 	driver or vehicle out-of-service order must be kept for a period
80.17 	of at least ten years; and 
80.18 	(3) the driver's record pertaining to felony convictions in
80.19 	the commission of which a motor vehicle was used, to the
80.20 	alcohol-related offenses and licensing actions listed in section
80.21 	169A.03, subdivisions 20 and 21, and to violations of sections 
80.22 	section 169.09, to violations of section 169A.31,and to
80.23 	violations of section 171.24, subdivision 5, shall must 
80.24 	be cumulative and kept for a period of at least 15 years, except
80.25 	as provided in clause (3); and 
80.26 	(3) the driver's record pertaining to an offense, or a
80.27 	related licensing action, under section 169A.20, subdivision 1,
80.28 	clause (1) or (5), must be purged after ten years of any
80.29 	reference to the offense or action if (i) this offense or action
80.30 	involved an alcohol concentration of 0.08 or more but less than
80.31 	0.10, (ii) this offense or action was a first impaired driving
80.32 	incident, and (iii) the driver has incurred no other impaired
80.33 	driving incident during the ten-year period.  For purposes of
80.34 	this clause, "impaired driving incident" includes any incident
80.35 	that may be counted as a prior impaired driving conviction or a
80.36 	prior impaired driving-related loss of license, as defined in
81.1 	section 169A.03, subdivisions 20 and 21.  This clause does not
81.2 	apply to the driver's record of a person to whom a commercial
81.3 	driver's license has been issued retained permanently.

81.4 	Sec. 94. Minnesota Statutes 2004, section 171.12,
81.5 	subdivision 6, is amended to read:
81.6 		Subd. 6.Certain convictions not recorded. (a) Except as
81.7 	provided in paragraph (b),the department shall not keep on the
81.8 	record of a driver any conviction for a violation of section
81.9 	169.14, subdivision 2, paragraph (a), clause (3),a speed limit
81.10 	of 55 or 60 miles per hour unless the violation consisted of a
81.11 	speed greater than ten miles per hour in excess of the lawful
81.12 	speed a 55 miles per hour speed limit, or more than five miles
81.13 	per hour in excess of a 60 miles per hour speed limit.
81.14 	(b) This subdivision does not apply to (1) a violation that
81.15 	occurs in a commercial motor vehicle, or (2) a violation
81.16 	committed by a holder of a class A, B, or C commercial driver's
81.17 	license, without regard to whether the violation was committed
81.18 	in a commercial motor vehicle or another vehicle.

81.19 	Sec. 95. Minnesota Statutes 2004, section 171.12,
81.20 	subdivision 7, is amended to read:
81.21 		Subd. 7.Privacy of residence address data.  (a) An
81.22 	applicant for Data on individuals provided to obtain a driver's
81.23 	license or a Minnesota identification card may request that the
81.24 	applicant's residence address be classified as private data on
81.25 	individuals, as defined in section 13.02, subdivision 12.  The
81.26 	commissioner shall grant the classification upon receipt of a
81.27 	signed statement by the individual that the classification is
81.28 	required for the safety of the applicant or the applicant's
81.29 	family, if the statement also provides a valid, existing address
81.30 	where the applicant consents to receive service of process.  The
81.31 	commissioner shall use the mailing address in place of the
81.32 	residence address in all documents and notices pertaining to the
81.33 	driver's license or identification card.  The residence address
81.34 	and any information provided in the classification request,
81.35 	other than the mailing address, are private data on individuals
81.36 	and may be provided to requesting law enforcement agencies,
82.1 	probation and parole agencies, and public authorities, as
82.2 	defined in section 518.54, subdivision 9is classified as
82.3 	provided by United States Code, title 18, section 2721,
82.4 	subsection (a).
82.5 	(b) An applicant for a driver's license or a Minnesota
82.6 	identification card must be informed in a clear and conspicuous
82.7 	manner on the forms for the issuance or renewal that may
82.8 	consent, in writing, to the commissioner to disclose the
82.9 	applicant's personal information may be disclosed exempted by
82.10 	United States Code, title 18, section 2721, subsection (a),to
82.11 	any person who makes a request for the personal information, and
82.12 	that except for uses permitted by United States Code, title 18,
82.13 	section 2721, subsection (b), the applicant may prohibit
82.14 	disclosure of the personal information by so indicating on the
82.15 	form. If the applicant so authorizes disclosures, the
82.16 	commissioner shall implement the request and the information may
82.17 	be used.
82.18 	(c) If authorized by an applicant for a driver's license or
82.19 	a Minnesota identification card must be also informed in a clear
82.20 	and conspicuous manner on forms that , as indicated in paragraph
82.21 	(b),the applicant's personal information may be used, rented,
82.22 	or sold solely for bulk distribution by organizations for
82.23 	business purposes, including surveys, marketing, or
82.24 	solicitation. The commissioner shall implement methods and
82.25 	procedures that enable the applicant to request that bulk
82.26 	surveys, marketing, or solicitation not be directed to the
82.27 	applicant.  If the applicant so requests, the commissioner shall
82.28 	implement the request in a timely manner and the personal
82.29 	information may not be so used.
82.30 	(d) To the extent permitted by United States Code, title
82.31 	18, section 2721, data on individuals provided to obtain a
82.32 	Minnesota identification card or a driver's license is public
82.33 	data on individuals and shall be disclosed as permitted by
82.34 	United States Code, title 18, section 2721, subsection (b).An
82.35 	applicant for a driver's license, instruction permit, or
82.36 	Minnesota identification card may request that the applicant's
83.1 	residence address be classified as "private data on
83.2 	individuals," as defined in section 13.02, subdivision 12.  The
83.3 	commissioner shall grant the classification on receipt of a
83.4 	signed statement by the individual that the classification is
83.5 	required for the safety of the applicant or the applicant's
83.6 	family, if the statement also provides a valid, existing address
83.7 	where the applicant consents to receive service of process.  The
83.8 	commissioner shall use the service for process mailing address
83.9 	in place of the residence address in all documents and notices
83.10 	pertaining to the driver's license, instruction permit, or
83.11 	Minnesota identification card.  The residence address and any
83.12 	information provided in the classification request, other than
83.13 	the mailing address, are private data on individuals and may be
83.14 	provided to requesting law enforcement agencies, probation and
83.15 	parole agencies, and public authorities, as defined in section
83.16 	518.54, subdivision 9.
83.17 	(e) A person shall not retain any information from
83.18 	magnetically, electronically, or otherwise scanning a driver's
83.19 	license, permit, or state identification card, except the
83.20 	document holder's name; date of birth; driver's license, permit,
83.21 	or state identification card number; and document expiration
83.22 	date.  A person shall not use any of this retained information
83.23 	for advertising or marketing purposes.  A person shall not sell
83.24 	and shall not otherwise disseminate the retained information to
83.25 	any third party for any purpose, including any marketing,
83.26 	advertising, or promotional activities, except that retained
83.27 	information may be provided under a court order or as authorized
83.28 	elsewhere in law.

83.29 	Sec. 96. [171.162] COMMERCIAL DRIVER'S LICENSE, RECORDS
83.30 	CHECK.
83.31 	As required by Code of Federal Regulations, title 49,
83.32 	section 383.73, before issuing a class A, class B, or class C
83.33 	commercial driver's license, the department shall request the
83.34 	applicant's complete driving record from all states where the
83.35 	applicant was previously licensed over the last ten years to
83.36 	operate any type of motor vehicle.

84.1 	Sec. 97. Minnesota Statutes 2004, section 171.165,
84.2 	subdivision 1, is amended to read:
84.3 		Subdivision 1.first violation federal standards.
 84.4 	Subject to section 171.166, the commissioner shall disqualify a
84.5 	person from operating commercial motor vehicles for one year
84.6 	upon receiving a record of the first conviction of the person
84.7 	for committing a violation of any of the following offenses
84.8 	while operating a commercial motor vehicle:
84.9 	(1) section 169A.20 or 169A.31;
84.10 	(2) section 169.09, subdivision 1 or 2;
84.11 	(3) a felony, other than a felony described in subdivision
84.12 	3, paragraph (a), clause (2), item (ii);
84.13 	(4) driving with a revoked, suspended, canceled, denied, or
84.14 	disqualified commercial driver's license;
84.15 	(5) causing a fatality through the negligent or criminal
84.16 	operation of a commercial motor vehicle; or 
84.17 	(6) an offense committed in another state that would be
84.18 	grounds for disqualification under this subdivision or
84.19 	subdivision 2 if committed in Minnesota in accordance with the
84.20 	driver disqualifications and penalties in Code of Federal
84.21 	Regulations, title 49, part 383, subpart D and Code of Federal
84.22 	Regulations, title 49, section 384.219.

84.23 	Sec. 98. Minnesota Statutes 2004, section 171.165,
84.24 	subdivision 2, is amended to read:
84.25 		Subd. 2.Implied consent revocation.  The commissioner
84.26 	shall disqualify a person from operating commercial motor
84.27 	vehicles for one year from the effective date of a revocation
84.28 	under section 169A.52 or a statute or ordinance from another
84.29 	state or jurisdiction in conformity with it, if the person was
84.30 	driving, operating, or in physical control of a commercial motor
84.31 	vehicle at the time of the incident on which the revocation is
84.32 	based in accordance with the driver disqualifications and
84.33 	penalties in Code of Federal Regulations, title 49, part 383,
84.34 	subpart D.

84.35 	Sec. 99. Minnesota Statutes 2004, section 171.165,
84.36 	subdivision 6, is amended to read:
85.1 		Subd. 6.Exemptions. (a) A disqualification shall not be
85.2 	imposed under this section on a recreational equipment vehicle 
85.3 	operator, farmer, or firefighter authorized emergency vehicle
85.4 	operator operating a commercial motor vehicle within the scope
85.5 	of section 171.02, subdivision 2, paragraph (b).
85.6 	(b) A conviction for a violation that occurred before
85.7 	August 1, 2005, while operating a vehicle that is not a
85.8 	commercial motor vehicle shall not be counted as a first or
85.9 	subsequent violation for purposes of determining the period for
85.10 	which a driver must be disqualified under this section.

85.11 	Sec. 100. [171.167] NOTICE TO COMMERCIAL DRIVER'S LICENSE
85.12 	INFORMATION SYSTEM.
85.13 	The department shall participate fully in the commercial
85.14 	driver's license information system established under the
85.15 	Commercial Motor Vehicle Safety Act of 1986 at United States
85.16 	Code, title 49, section 31309.

85.17 	Sec. 101. Minnesota Statutes 2004, section 171.17,
85.18 	subdivision 1, is amended to read:
85.19 		Subdivision 1.Offenses.  (a) The department shall
85.20 	immediately revoke the license of a driver upon receiving a
85.21 	record of the driver's conviction of:
85.22 	(1) manslaughter resulting from the operation of a motor
85.23 	vehicle or criminal vehicular homicide or injury under section
85.24 	609.21;
85.25 	(2) a violation of section 169A.20 or 609.487;
85.26 	(3) a felony in the commission of which a motor vehicle was
85.27 	used;
85.28 	(4) failure to stop and disclose identity and render aid,
85.29 	as required under section 169.09, in the event of a motor
85.30 	vehicle accident, resulting in the death or personal injury of
85.31 	another;
85.32 	(5) perjury or the making of a false affidavit or statement
85.33 	to the department under any law relating to the ownership or
85.34 	operation of a motor vehicle;
85.35 	(6) except as this section otherwise provides, three
85.36 	charges of violating within a period of 12 months any of the
86.1 	provisions of chapter 169 or of the rules or municipal
86.2 	ordinances enacted in conformance with chapter 169, for which
86.3 	the accused may be punished upon conviction by imprisonment;
86.4 	(7) two or more violations, within five years, of the
86.5 	misdemeanor offense described in section 169.444, subdivision 2,
86.6 	paragraph (a);
86.7 	(8) the gross misdemeanor offense described in section
86.8 	169.444, subdivision 2, paragraph (b); or 
86.9 	(9) an offense in another state that, if committed in this
86.10 	state, would be grounds for revoking the driver's license; or 
86.11 	(10) a violation of an applicable speed limit by a person
86.12 	driving in excess of 100 miles per hour.  The person's license
86.13 	must be revoked for six months for a violation of this clause,
86.14 	or for a longer minimum period of time applicable under section
86.15 	169A.53, 169A.54, or 171.174.
86.16 	(b) The department shall immediately revoke the school bus
86.17 	endorsement of a driver upon receiving a record of the driver's
86.18 	conviction of the misdemeanor offense described in section
86.19 	169.443, subdivision 7.

86.20 	Sec. 102. Minnesota Statutes 2004, section 171.30,
86.21 	subdivision 1, is amended to read:
86.22 		Subdivision 1.Conditions of issuance.  (a) In any case
86.23 	where a person's license has been suspended under section
86.24 	171.18, 171.173, or 171.186, or revoked under section 169.792,
86.25 	169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
86.26 	may issue a limited license to the driver including under the
86.27 	following conditions:
86.28 	(1) if the driver's livelihood or attendance at a chemical
86.29 	dependency treatment or counseling program depends upon the use
86.30 	of the driver's license;
86.31 	(2) if the use of a driver's license by a homemaker is
86.32 	necessary to prevent the substantial disruption of the
86.33 	education, medical, or nutritional needs of the family of the
86.34 	homemaker; or
86.35 	(3) if attendance at a postsecondary institution of
86.36 	education by an enrolled student of that institution depends
87.1 	upon the use of the driver's license.
87.2 	(b) The commissioner in issuing a limited license may
87.3 	impose such conditions and limitations as in the commissioner's
87.4 	judgment are necessary to the interests of the public safety and
87.5 	welfare including reexamination as to the driver's
87.6 	qualifications.  The license may be limited to the operation of
87.7 	particular vehicles, to particular classes and times of
87.8 	operation, and to particular conditions of traffic.  The
87.9 	commissioner may require that an applicant for a limited license
87.10 	affirmatively demonstrate that use of public transportation or
87.11 	carpooling as an alternative to a limited license would be a
87.12 	significant hardship.
87.13 	(c) For purposes of this subdivision, "homemaker" refers to
87.14 	the person primarily performing the domestic tasks in a
87.15 	household of residents consisting of at least the person and the
87.16 	person's dependent child or other dependents.
87.17 	(d) The limited license issued by the commissioner shall
87.18 	clearly indicate the limitations imposed and the driver
87.19 	operating under the limited license shall have the license in
87.20 	possession at all times when operating as a driver.
87.21 	(e) In determining whether to issue a limited license, the
87.22 	commissioner shall consider the number and the seriousness of
87.23 	prior convictions and the entire driving record of the driver
87.24 	and shall consider the number of miles driven by the driver
87.25 	annually.
87.26 	(f) If the person's driver's license or permit to drive has
87.27 	been revoked under section 169.792 or 169.797, the commissioner
87.28 	may only issue a limited license to the person after the person
87.29 	has presented an insurance identification card, policy, or
87.30 	written statement indicating that the driver or owner has
87.31 	insurance coverage satisfactory to the commissioner of public
87.32 	safety.  The commissioner of public safety may require the
87.33 	insurance identification card provided to satisfy this
87.34 	subdivision be certified by the insurance company to be
87.35 	noncancelable for a period not to exceed 12 months.
87.36 	(g) The limited license issued by the commissioner to a
88.1 	person under section 171.186, subdivision 4, must expire 90 days
88.2 	after the date it is issued.  The commissioner must not issue a
88.3 	limited license to a person who previously has been issued a
88.4 	limited license under section 171.186, subdivision 4.
88.5 	(h) The commissioner shall not issue a limited driver's
88.6 	license to any person described in section 171.04, subdivision
88.7 	1, clause (6), (7), (8), (10), (11), or (14).
88.8 	(i) The commissioner shall not issue a class A, class B, or
88.9 	class C limited license.

88.10 	Sec. 103. Minnesota Statutes 2004, section 174.03, is
88.11 	amended by adding a subdivision to read:
88.12 		Subd. 2a.State aviation plan. (a) Each revision of the
88.13 	state aviation system plan must comply with the Federal Aviation
88.14 	Administration requirements and include a supplemental chapter.
88.15 	The supplemental chapter must include the following:
88.16 	(1) an analysis of the projected commercial aviation needs
88.17 	of the state over the next 20 years;
88.18 	(2) a description of the present capacity, function, and
88.19 	levels of activity at each commercial service airport as
88.20 	designated by the Federal Aviation Administration, each airport
88.21 	that the commissioner determines is likely to become a
88.22 	commercial service airport in the next 20 years, and any other
88.23 	airport that the commissioner determines should be included by
88.24 	reason of commercial passenger or cargo service levels; and 
88.25 	(3) a description of the capacity, function, and levels of
88.26 	activity that each airport identified in clause (2) must have in
88.27 	order to carry out the plan's goal and objectives and meet the
88.28 	needs described under clause (1).
88.29 	(b) In assessing aviation needs and the capacity, function,
88.30 	and level of activity at any airport, the plan must consider
88.31 	both commercial passenger service and cargo service.

88.32 	Sec. 104. [174.032] ADVISORY COUNCIL ON AVIATION
88.33 	PLANNING.
88.34 		Subdivision 1.Advisory council created. (a) The
88.35 	commissioner shall create an advisory council on aviation
88.36 	planning to advise the commissioner on the supplemental chapter
89.1 	of the state aviation system plan.  The council consists of the
89.2 	following members appointed by the commissioner except where
89.3 	otherwise provided:
89.4 	(1) one member of the Metropolitan Airports Commission;
89.5 	(2) one representative of major commercial airlines;
89.6 	(3) one representative of independent pilots who fly for
89.7 	small business;
89.8 	(4) one representative of the air cargo industry;
89.9 	(5) two representatives of the business community unrelated
89.10 	to aviation, one of whom must reside within the seven-county
89.11 	metropolitan area and one of whom must reside outside that area;
89.12 	(6) one representative of environmental interests;
89.13 	(7) one employee of the Department of Transportation's
89.14 	Office of Aeronautics;
89.15 	(8) two representatives of neighborhoods that are
89.16 	significantly affected by airplane noise appointed by community
89.17 	representatives on the Noise Oversight Committee;
89.18 	(9) one representative of tier-two airports (St. Cloud,
89.19 	Duluth, Willmar, and Rochester);
89.20 	(10) one representative of reliever airports;
89.21 	(11) one member of the senate committee having jurisdiction
89.22 	over transportation policy, appointed by the chair of that
89.23 	committee;
89.24 	(12) one member of the house of representatives committee
89.25 	having jurisdiction over transportation policy, appointed by the
89.26 	chair of that committee;
89.27 	(13) one representative of the local Airline Service Action
89.28 	Committee;
89.29 	(14) one representative of the Citizens League of the Twin
89.30 	Cities;
89.31 	(15) one representative of the Association of Minnesota
89.32 	Counties;
89.33 	(16) one representative of the League of Minnesota Cities;
89.34 	(17) one representative of the Minnesota Department of
89.35 	Employment and Economic Development; and 
89.36 	(18) one representative of the Metropolitan Council.
90.1 	(b) Members of the advisory council serve at the pleasure
90.2 	of the appointing authority.  Members shall serve without
90.3 	compensation.
90.4 		Subd. 2.Advisory council duties. (a) The advisory
90.5 	council on aviation planning shall advise the commissioner on
90.6 	the aviation planning chapter of the state aviation system
90.7 	plan.  The advisory council shall assist in the development of
90.8 	the state aviation system plan by reviewing the work and making
90.9 	recommendations.  The state aviation system plan must consist of:
90.10 	(1) an inventory of airport facilities, based aircraft and
90.11 	operations;
90.12 	(2) a forecast of aviation activities;
90.13 	(3) a needs assessment to determine improvements needed and
90.14 	recommendations for each airport by five-year, ten-year, and
90.15 	20-year forecast periods;
90.16 	(4) present and anticipated capacity needs of commercial
90.17 	service airports, including limitations on expanding the
90.18 	capacity of individual commercial service airports imposed by
90.19 	state or local regulations, safety or environmental concerns,
90.20 	and land uses near the airport that are incompatible with
90.21 	airport operations;
90.22 	(5) the needs of Minnesota residents and businesses for
90.23 	passenger and cargo service, from both a statewide and regional
90.24 	perspective;
90.25 	(6) anticipated changes in commercial aircraft types and
90.26 	characteristics;
90.27 	(7) noise and other environmental impacts of aviation at
90.28 	commercial service airports;
90.29 	(8) trends in the aviation and airline industries; and 
90.30 	(9) relationship between aviation and other forms of
90.31 	transportation covered by the state transportation plan.
90.32 	(b) The advisory council may also make recommendations to
90.33 	the commissioner, the Metropolitan Airports Commission, and the
90.34 	legislature concerning the policy steps needed to implement the
90.35 	chapter.
90.36 		Subd. 3.Term of council; expiration; reconvening. (a)
91.1 	The commissioner shall appoint the first advisory council by
91.2 	July 1, 2005.  The council shall submit any recommendations it
91.3 	makes to the legislature by January 15, 2006.  The terms of all
91.4 	members of the advisory council serving on July 1, 2005, expire
91.5 	on January 1, 2007.
91.6 	(b) The commissioner shall appoint and convene a new
91.7 	advisory council not less than two years before the date on
91.8 	which each revision of the state aviation system plan is
91.9 	required under section 174.03, subdivision 1a.  Each such
91.10 	advisory council must consist of members as prescribed in
91.11 	subdivision 1, who shall serve on the same terms as set forth
91.12 	under subdivision 1.  Each such advisory council expires on the
91.13 	date on which the revision of the state aviation system plan
91.14 	becomes final.

91.15 	Sec. 105. Minnesota Statutes 2004, section 174.86,
91.16 	subdivision 5, is amended to read:
91.17 		Subd. 5.Commuter rail corridor coordinating committee.
 91.18 	(a) A Commuter Rail Corridor Coordinating Committee shall be
91.19 	established to advise the commissioner on issues relating to the
91.20 	alternatives analysis, environmental review, advanced corridor
91.21 	planning, preliminary engineering, final design, implementation
91.22 	method, construction of commuter rail, public involvement, land
91.23 	use, service, and safety.  The Commuter Rail Corridor
91.24 	Coordinating Committee shall consist of:
91.25 	(1) one member representing each significant funding
91.26 	partner in whose jurisdiction the line or lines are located;
91.27 	(2) one member appointed by each county in which the
91.28 	corridors are located;
91.29 	(3) one member appointed by each city in which advanced
91.30 	corridor plans indicate that a station may be located;
91.31 	(4) two members appointed by the commissioner, one of whom
91.32 	shall be designated by the commissioner as the chair of the
91.33 	committee;
91.34 	(5) one member appointed by each metropolitan planning
91.35 	organization through which the commuter rail line may pass; and 
91.36 	(6) one member appointed by the president of the University
92.1 	of Minnesota, if a designated corridor provides direct service
92.2 	to the university; and 
92.3 	(7) one member appointed by the commissioner who represents
92.4 	railroad union labor.
92.5 	(b) A joint powers board existing on April 1, 1999,
92.6 	consisting of local governments along a commuter rail corridor,
92.7 	shall perform the functions set forth in paragraph (a) in place
92.8 	of the committee.
92.9 	(c) Notwithstanding section 15.059, subdivision 5, the
92.10 	committee does not expire.
92.11 	
EFFECTIVE DATE. This section is effective retroactively
92.12 	from June 30, 2003.  All actions taken in reliance on Minnesota
92.13 	Statutes, section 15.059 or 174.86, are ratified by the
92.14 	enactment of this section.

92.15 	Sec. 106. Minnesota Statutes 2004, section 192.502,
92.16 	subdivision 2, is amended to read:
92.17 		Subd. 2.Renewal of professional licenses or
92.18 	certifications , driver's license, and motor vehicle
92.19 	registration. (a) The renewal of a license or certificate of
92.20 	registration for a member of the Minnesota National Guard or
92.21 	other military reserves person who has been ordered to active
92.22 	military service and who is required by law to be licensed or
92.23 	registered in order to carry on or practice a health or other 
92.24 	trade, employment, occupation, or profession in the state is
92.25 	governed under sections 326.55 and 326.56.
92.26 	(b) The renewal of a driver's license for a person who has
92.27 	been ordered to active military service is governed under
92.28 	section 171.27.
92.29 	(c) The renewal and payment of the motor vehicle
92.30 	registration tax for a vehicle of a person who has been ordered
92.31 	to active military service is governed under section 168.031.
92.32 	
EFFECTIVE DATE. This section is effective the day
92.33 	following final enactment.

92.34 	Sec. 107. Minnesota Statutes 2004, section 197.65, is
92.35 	amended to read:
92.36 	197.65 RENEWAL OF PROFESSIONAL LICENSES OR CERTIFICATIONS ,
93.1 	DRIVER'S LICENSE, AND MOTOR VEHICLE REGISTRATION.
93.2 	(a) The renewal of a license or certificate of registration
93.3 	for a person who is serving in or has recently been separated or 
93.4 	discharged from active military service and who is required by
93.5 	law to be licensed or registered in order to carry on or
93.6 	practice a health or other trade, employment, occupation, or
93.7 	profession in the state is governed under sections 326.55 and
93.8 	326.56.
93.9 	(b) The renewal of a driver's license for a person who is
93.10 	serving in or has recently been separated or discharged from
93.11 	active military service is governed under section 171.27.
93.12 	(c) The renewal and payment of the motor vehicle
93.13 	registration tax for a vehicle of a person who is serving in or
93.14 	has recently been separated or discharged from active military
93.15 	service is governed under section 168.031.

93.16 	EFFECTIVE DATE. This section is effective the day
93.17 	following final enactment.

93.18 	Sec. 108. Minnesota Statutes 2004, section 219.166, is
93.19 	amended to read:
93.20 	219.166 ESTABLISHMENT OF QUIET ZONES.
93.21 	A county, statutory or home rule charter city, or town may
93.22 	by ordinance establish a defined apply to the Federal Railroad
93.23 	Administration for the establishment of a "quiet zone" in which
93.24 	the sounding of horns, whistles, or other audible warnings by
93.25 	locomotives is regulated or prohibited. A quiet zone
93.26 	established under this section must consist of at least one-half
93.27 	mile of railroad right-of-way.All quiet zones, regulations,
93.28 	and ordinances adopted under this section must conform to
93.29 	federal law and the regulations of the Federal Railroad
93.30 	Administration under United States Code, title 49, section 20153.

93.31 	Sec. 109. Minnesota Statutes 2004, section 219.567, is
93.32 	amended to read:
93.33 	219.567 FAILURE TO RING BELL.
93.34 	An engineer driving a locomotive on a railway who fails (1) 
93.35 	to ring the bell or sound the whistle on the locomotive, or have
93.36 	it rung or sounded, at least 80 rods from a place where the
94.1 	railway crosses a traveled road or street on the same level,
94.2 	except in cities, or (2) to continue ringing the bell or
94.3 	sounding the whistle at intervals until the locomotive and
94.4 	attached train have completely crossed the road or street,in
94.5 	accordance with Federal Railroad Administration regulations
94.6 	under United States Code, title 49, section 20153,is guilty of
94.7 	a misdemeanor.

94.8 	Sec. 110. Minnesota Statutes 2004, section 360.013,
94.9 	subdivision 39, is amended to read:
94.10 		Subd. 39.Airport.  "Airport" means any area of land or
94.11 	water, except a restricted landing area, which is designed for
94.12 	the landing and takeoff of aircraft, whether or not facilities
94.13 	are provided for the shelter, surfacing, or repair of aircraft,
94.14 	or for receiving or discharging passengers or cargo, and all
94.15 	appurtenant areas used or suitable for airport buildings or
94.16 	other airport facilities, including facilities described in
94.17 	section 116R.02, subdivision 6, and all appurtenant
94.18 	rights-of-way, whether heretofore or hereafter established. The
94.19 	operation and maintenance of airports is an essential public
94.20 	service.

94.21 	Sec. 111. Minnesota Statutes 2004, section 360.017,
94.22 	subdivision 1, is amended to read:
94.23 		Subdivision 1.Creation; authorized disbursements.  (a)
94.24 	There is hereby created a fund to be known as the state airports
94.25 	fund.  The fund shall consist of all money appropriated to it,
94.26 	or directed to be paid into it, by the legislature.
94.27 	(b) The state airports fund shall be paid out on
94.28 	authorization of the commissioner and shall be used:
94.29 	(1) to acquire, construct, improve, maintain, and operate
94.30 	airports and other air navigation facilities;
94.31 	(2) to assist municipalities in the acquisition,
94.32 	construction, improvement, and maintenance of airports and other
94.33 	air navigation facilities;
94.34 	(3) to assist municipalities to initiate, enhance, and
94.35 	market scheduled air service at their airports;
94.36 	(4) to promote interest and safety in aeronautics through
95.1 	education and information; and
95.2 	(5) to pay the salaries and expenses of the Department of
95.3 	Transportation related to aeronautic planning, administration,
95.4 	and operation.  All allotments of money from the state airports
95.5 	fund for salaries and expenses shall be approved by the
95.6 	commissioner of finance.
95.7 	A municipality that adopts a comprehensive plan that the
95.8 	commissioner finds is incompatible with the state aviation plan
95.9 	is not eligible for assistance from the state airports fund.

95.10 	Sec. 112. Minnesota Statutes 2004, section 360.065, is
95.11 	amended by adding a subdivision to read:
95.12 		Subd. 3.Disclosure of airport zoning
95.13 	regulations. Before accepting consideration or signing an
95.14 	agreement to sell or transfer real property that is located in
95.15 	safety zone A, B, or C, excluding safety zones associated with
95.16 	an airport owned or operated by the Metropolitan Airports
95.17 	Commission, under zoning regulations adopted by the governing
95.18 	body, the seller or transferor, whether executing the agreement
95.19 	in the seller or transferor's own right, or as executor,
95.20 	administrator, assignee, trustee, or otherwise by authority of
95.21 	law, must disclose in writing to the buyer or transferee the
95.22 	existence of airport zoning regulations that affect the real
95.23 	property.

95.24 	Sec. 113. Minnesota Statutes 2004, section 473.446,
95.25 	subdivision 3, is amended to read:
95.26 		Subd. 3.Certification and collection.  Each county
95.27 	treasurer shall collect and make settlement of the taxes levied
95.28 	under subdivisions 1 and 1a and section 473.4461, subdivision 2,
95.29 	with the treasurer of the council.  The levy of transit taxes
95.30 	pursuant to this section shall not affect the amount or rate of
95.31 	taxes which may be levied by any county or municipality or by
95.32 	the council for other purposes authorized by law and shall be in
95.33 	addition to any other property tax authorized by law.
95.34 	
EFFECTIVE DATE. This section is effective for taxes
95.35 	payable in 2006 and thereafter.

95.36 	Sec. 114. Minnesota Statutes 2004, section 473.4461, is
96.1 	amended to read:
96.2 	473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.
96.3 		Subdivision 1.Service expansion plan required.
 96.4 	Notwithstanding any provision of section 473.446 or any other
96.5 	law, the Metropolitan Council may not levy a tax under section
96.6 	473.446, subdivision 1, in any city or town not included in the
96.7 	transit taxing district as it existed on January 1, 2001, unless
96.8 	the council and the governing body of that city or town have
96.9 	agreed on a service expansion plan.
96.10 		Subd. 2.Contractual agreement; property tax levy.
 96.11 	Notwithstanding section 473.446, subdivision 2, the Metropolitan
96.12 	Council may enter into an agreement with a city or a town to
96.13 	join the transit taxing district.  The agreement shall describe
96.14 	the types and levels of transit services to be provided within
96.15 	the area comprising the city or town.  The agreement must
96.16 	provide that the area comprising the city or town shall be
96.17 	subject to the levy under section 473.446, subdivision 1.  If a
96.18 	city or town enters into an agreement to join the transit taxing
96.19 	district, a copy of that portion of the agreement must be filed
96.20 	with the auditor or auditors of the county or counties
96.21 	containing the city or town.
96.22 		Subd. 3.Property tax levy allowed for operations. A tax
96.23 	levied in a city or town pursuant to an agreement under
96.24 	subdivision 2 may be used to fund transit operations or to pay
96.25 	the costs of principal and interest for transit-related bonded
96.26 	debt for a period of time not to exceed four years.  After the
96.27 	four-year period, the tax levied in the city or town may be used
96.28 	only as provided under section 473.446, subdivision 1.
96.29 	
EFFECTIVE DATE. This section is effective the day
96.30 	following final enactment, for taxes payable in 2006 and
96.31 	thereafter.

96.32 	Sec. 115. Minnesota Statutes 2004, section 515B.1-107, is
96.33 	amended to read:
96.34 	515B.1-107 EMINENT DOMAIN.
96.35 	(a) If a unit is acquired by eminent domain, or if part of
96.36 	a unit is acquired by eminent domain leaving the unit owner with
97.1 	a remnant which may not practically or lawfully be used for any
97.2 	material purpose permitted by the declaration, the award shall
97.3 	compensate the unit owner and secured party in the unit as their
97.4 	interests may appear, whether or not any common element interest
97.5 	is acquired.  Upon acquisition, unless the order or final
97.6 	certificate otherwise provides, that unit's allocated interests
97.7 	are automatically reallocated among the remaining units in
97.8 	proportion to their respective allocated interests prior to the
97.9 	taking, and the association shall promptly prepare, execute, and
97.10 	record an amendment to the declaration reflecting the
97.11 	allocations.  Any remnant of a unit remaining after part of a
97.12 	unit is taken under this subsection is thereafter a common
97.13 	element.
97.14 	(b) Except as provided in subsection (a), if part of a unit
97.15 	is acquired by eminent domain, the award shall compensate the
97.16 	unit owner and secured party for the reduction in value of the
97.17 	unit and its interest in the common elements, whether or not any
97.18 	common elements are acquired.  Upon acquisition, unless the
97.19 	order or final certificate otherwise provides, (i) that unit's
97.20 	allocated interests are reduced in proportion to the reduction
97.21 	in the size of the unit, or on any other basis specified in the
97.22 	declaration and (ii) the portion of the allocated interests
97.23 	divested from the partially acquired unit are automatically
97.24 	reallocated to that unit and to the remaining units in
97.25 	proportion to the respective allocated interests of those units
97.26 	before the taking, with the partially acquired unit
97.27 	participating in the reallocation on the basis of its reduced
97.28 	allocated interests.
97.29 	(c) If part of the common elements is acquired by eminent
97.30 	domain, the association shall accept service of process on
97.31 	behalf of all unit owners and the portion of the award
97.32 	attributable to the common elements taken shall be paid to the
97.33 	association.  Unless the declaration provides otherwise, any
97.34 	portion of the award attributable to the acquisition of a
97.35 	limited common element shall be equally divided among the owners
97.36 	of the units to which that limited common element was allocated
98.1 	at the time of acquisition and their secured parties, as their
98.2 	interests may appear or as provided by the declaration.
98.3 	(d) In any eminent domain proceeding the units shall be
98.4 	treated as separate parcels of real estate for valuation
98.5 	purposes, regardless of the number of units subject to the
98.6 	proceeding.
98.7 	(e) Any distribution to a unit owner from the proceeds of
98.8 	an eminent domain award shall be subject to any limitations
98.9 	imposed by the declaration or bylaws.
98.10 	(f) The court order or final certificate containing the
98.11 	final awards shall be recorded in every county in which any
98.12 	portion of the common interest community is located.

98.13 	Sec. 116. Minnesota Statutes 2004, section 515B.3-102, is
98.14 	amended to read:
98.15 	515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
98.16 	(a) Except as provided in subsection (b), and subject to
98.17 	the provisions of the declaration or bylaws, the association
98.18 	shall have the power to:
98.19 	(1) adopt, amend and revoke rules and regulations not
98.20 	inconsistent with the articles of incorporation, bylaws and
98.21 	declaration, as follows:  (i) regulating the use of the common
98.22 	elements; (ii) regulating the use of the units, and conduct of
98.23 	unit occupants, which may jeopardize the health, safety or
98.24 	welfare of other occupants, which involves noise or other
98.25 	disturbing activity, or which may damage the common elements or
98.26 	other units; (iii) regulating or prohibiting animals; (iv)
98.27 	regulating changes in the appearance of the common elements and
98.28 	conduct which may damage the common interest community; (v)
98.29 	regulating the exterior appearance of the common interest
98.30 	community, including, for example, balconies and patios, window
98.31 	treatments, and signs and other displays, regardless of whether
98.32 	inside a unit; (vi) implementing the articles of incorporation,
98.33 	declaration and bylaws, and exercising the powers granted by
98.34 	this section; and (vii) otherwise facilitating the operation of
98.35 	the common interest community;
98.36 	(2) adopt and amend budgets for revenues, expenditures and
99.1 	reserves, and levy and collect assessments for common expenses
99.2 	from unit owners;
99.3 	(3) hire and discharge managing agents and other employees,
99.4 	agents, and independent contractors;
99.5 	(4) institute, defend, or intervene in litigation or
99.6 	administrative proceedings (i) in its own name on behalf of
99.7 	itself or two or more unit owners on matters affecting the
99.8 	common elements or other matters affecting the common interest
99.9 	community or, (ii) with the consent of the owners of the
99.10 	affected units on matters affecting only those units;
99.11 	(5) make contracts and incur liabilities;
99.12 	(6) regulate the use, maintenance, repair, replacement and
99.13 	modification of the common elements and the units;
99.14 	(7) cause improvements to be made as a part of the common
99.15 	elements, and, in the case of a cooperative, the units;
99.16 	(8) acquire, hold, encumber, and convey in its own name any
99.17 	right, title, or interest to real estate or personal property,
99.18 	but (i) common elements in a condominium or planned community
99.19 	may be conveyed or subjected to a security interest only
99.20 	pursuant to section 515B.3-112, or (ii) part of a cooperative
99.21 	may be conveyed, or all or part of a cooperative may be
99.22 	subjected to a security interest, only pursuant to section
99.23 	515B.3-112;
99.24 	(9) grant public utility and transportation easements
99.25 	through, over or under the common elements, and, subject to
99.26 	approval by resolution of unit owners other than declarant or
99.27 	its affiliates at a meeting duly called, grant other public or
99.28 	private easements, leases and licenses through, over or under
99.29 	the common elements;
99.30 	(10) impose and receive any payments, fees, or charges for
99.31 	the use, rental, or operation of the common elements, other than
99.32 	limited common elements, and for services provided to unit
99.33 	owners;
99.34 	(11) impose charges for late payment of assessments and,
99.35 	after notice and an opportunity to be heard, levy reasonable
99.36 	fines for violations of the declaration, bylaws, and rules and
100.1 	regulations of the association;
100.2 	(12) impose reasonable charges for the review, preparation
100.3 	and recordation of amendments to the declaration, resale
100.4 	certificates required by section 515B.4-107, statements of
100.5 	unpaid assessments, or furnishing copies of association records;
100.6 	(13) provide for the indemnification of its officers and
100.7 	directors, and maintain directors' and officers' liability
100.8 	insurance;
100.9 	(14) provide for reasonable procedures governing the
100.10 	conduct of meetings and election of directors;
100.11 	(15) exercise any other powers conferred by law, or by the
100.12 	declaration, articles of incorporation or bylaws; and
100.13 	(16) exercise any other powers necessary and proper for the
100.14 	governance and operation of the association.
100.15 	(b) Notwithstanding subsection (a) the declaration or
100.16 	bylaws may not impose limitations on the power of the
100.17 	association to deal with the declarant which are more
100.18 	restrictive than the limitations imposed on the power of the
100.19 	association to deal with other persons.

100.20 	Sec. 117. ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES
100.21 	AND DRIVER'S LICENSE AGENT FOR HENNEPIN COUNTY.
 100.22 	Notwithstanding Minnesota Statutes, section 168.33, and
100.23 	rules adopted by the commissioner of public safety, limiting
100.24 	sites for the office of deputy registrar based on either the
100.25 	distance to an existing deputy registrar office or the annual
100.26 	volume of transactions processed by any deputy registrar within
100.27 	Hennepin County before or after the proposed appointment, the
100.28 	commissioner of public safety shall appoint a new deputy
100.29 	registrar of motor vehicles and driver's license agent for
100.30 	Hennepin County to operate a new full-service Office of Deputy
100.31 	Registrar, with full authority to function as a registration and
100.32 	motor vehicle tax collection and driver's license bureau, at the
100.33 	Midtown Exchange Building in the city of Minneapolis.  All other
100.34 	provisions regarding the appointment and operation of a deputy
100.35 	registrar of motor vehicles and driver's license agent under
100.36 	Minnesota Statutes, sections 168.33 and 171.061, and Minnesota
101.1 	Rules, chapter 7406, apply to the office.

101.2 	EFFECTIVE DATE. This section is effective the day
101.3 	following final enactment.

101.4 	Sec. 118. DEPUTY REGISTRAR AND DRIVER'S LICENSE AGENT
101.5 	APPOINTMENT.
 101.6 	Notwithstanding any restriction in law or rule concerning
101.7 	proximity of deputy motor vehicle registrar offices or predicted
101.8 	number of annual applications processed, the commissioner of
101.9 	public safety shall appoint the auditor of Carver County as a
101.10 	deputy motor vehicle registrar and driver's license agent in the
101.11 	city of Chanhassen.  All provisions of Minnesota Statutes,
101.12 	sections 168.33 and 171.061, not inconsistent with this section,
101.13 	apply to the appointments under this section.

101.14 	Sec. 119. MAXIMUM SPEED IN CITY OF ORR.
 101.15 	In order to eliminate or reduce local safety hazards, a
101.16 	railway corporation may not permit a train to be operated at a
101.17 	speed in excess of 30 miles per hour while any portion of the
101.18 	engine or train is within the limits of the city of Orr in St.
101.19 	Louis County.
101.20 	[EFFECTIVE DATE; LOCAL APPROVAL.]This section is effective
101.21 	the day after the governing body of the city of Orr and its
101.22 	chief clerical officer comply with Minnesota Statutes, section
101.23 	645.021, subdivisions 2 and 3.

101.24 	Sec. 120. CHANGEABLE MESSAGE SIGN ON U.S. HIGHWAY 2.
 101.25 	The commissioner of transportation shall erect and operate
101.26 	a changeable message sign on U.S. Highway 2, on the approach to
101.27 	the Richard I. Bong Bridge in the city of Duluth.

101.28 	Sec. 121. SUSPENSION OF PROGRAM TO VERIFY INSURANCE
101.29 	COVERAGE THROUGH SAMPLING.
 101.30 	The commissioner of public safety shall take no action
101.31 	under Minnesota Statutes, section 169.796, subdivision 3, and
101.32 	shall discontinue all activities related to the program to
101.33 	verify insurance coverage through sampling, except as provided
101.34 	in sections 121 to 128.

101.35 	Sec. 122. REINSTATEMENT OF SUSPENDED LICENSES.
 101.36 	The commissioner, without requiring proof of insurance or
102.1 	payment of a reinstatement fee, shall reinstate the driver's
102.2 	license of every vehicle owner whose license is suspended under
102.3 	Minnesota Statutes, section 169.796, subdivision 3, retroactive
102.4 	to the date of the suspension.  The commissioner shall promptly
102.5 	refund any such reinstatement fees previously paid.

102.6 	Sec. 123. DISMISSAL OF CHARGES.
 102.7 	All charges, complaints, and citations issued for a
102.8 	violation of Minnesota Statutes, section 169.796, subdivision 3,
102.9 	or a related violation, including driving after a license
102.10 	suspension imposed for failure to comply with the provisions of
102.11 	Minnesota Statutes, section 169.796, subdivision 3, are void and
102.12 	must be dismissed.

102.13 	Sec. 124. REMOVAL OF PREVIOUS VIOLATIONS.
 102.14 	The commissioner shall purge from a person's driving record
102.15 	any notation of a violation of Minnesota Statutes, section
102.16 	169.796, subdivision 3, and any notation of a related suspension
102.17 	or violation, including driving after a license suspension
102.18 	imposed for failure to comply with the provisions of Minnesota
102.19 	Statutes, section 169.796, subdivision 3.  An insurer may not
102.20 	increase a premium for a policy of vehicle insurance on the
102.21 	basis of a violation described in this section by a named
102.22 	insured if the violation occurred before the effective date of
102.23 	this section, and any such increase previously imposed must be
102.24 	rescinded and any related premium increase promptly refunded.

102.25 	Sec. 125. REMEDIATION FOR CONVICTIONS.
 102.26 	A court in which a conviction for an offense referred to in
102.27 	section 124 occurred, must vacate the conviction, on its own
102.28 	motion, without cost to the person convicted, and notify the
102.29 	commissioner who will notify the person that the conviction has
102.30 	been vacated in its notification of purging the driving record
102.31 	of a violation of Minnesota Statutes, section 169.796,
102.32 	subdivision 3, or any other related suspension or violation,
102.33 	including driving after license suspension for failure to comply
102.34 	with Minnesota Statutes, section 169.796, subdivision 3.

102.35 	Sec. 126. REMEDIATION BY INSURERS.
 102.36 	(a) Insurers that issue or renew motor vehicle insurance in
103.1 	this state shall, within 60 days after the effective date of
103.2 	this section, inform the commissioner of commerce as to whether
103.3 	it has canceled, failed to renew, denied an application for
103.4 	coverage, or imposed a surcharge on any motor vehicle insurance
103.5 	due to a suspension or conviction as a result of the law
103.6 	referenced in section 123, provide a list of any such persons,
103.7 	and indicate for each person the remediation the insurer intends
103.8 	to provide.
103.9 	(b) Remediation under paragraph (a) must compensate the
103.10 	victim by providing refunds and reinstatements of coverage.
103.11 	(c) Insurers shall provide the remediation without
103.12 	requiring that the person make a request for remediation.
103.13 	(d) The commissioner of commerce shall enforce this section
103.14 	under its general enforcement powers under Minnesota Statutes,
103.15 	chapter 45.

103.16 	Sec. 127. REPORT.
 103.17 	The commissioner of public safety shall report to the
103.18 	chairs of the house of representatives and senate committees
103.19 	with jurisdiction over transportation policy and finance by
103.20 	September 1, 2007, concerning the operation of the vehicle
103.21 	insurance verification program, and the impact of the program on
103.22 	the identification and number of uninsured motorists.

103.23 	Sec. 128. PUBLIC SAFETY FUNDING.
 103.24 	The commissioner of public safety shall use unspent funds
103.25 	appropriated for purposes of administering Minnesota Statutes,
103.26 	section 169.796, subdivision 3, to carry out the provisions of
103.27 	sections 122, 124, and 125.  Funds remaining at the conclusion
103.28 	of fiscal year 2005 may be carried over to fiscal year 2006
103.29 	until expended, to complete the required provisions of sections
103.30 	122, 124, and 125.

103.31 	Sec. 129. FLOODWOOD SAFETY REST AREA.
 103.32 	Notwithstanding Minnesota Statutes, section 160.2725,
103.33 	subdivision 1, regarding food and beverage sales limited to
103.34 	vending machines, and Minnesota Statutes, section 160.2725,
103.35 	subdivision 5, the operator of the safety rest area in the city
103.36 	of Floodwood may sell nonalcoholic beverages and snack foods
104.1 	through other means.  This provision may not be waived by
104.2 	contract or other agreement.

104.3 	Sec. 130. WHEELCHAIR SECUREMENT POSITION TEMPORARY
104.4 	EXEMPTION.
 104.5 	Notwithstanding any contrary provisions in Minnesota
104.6 	Statutes, chapter 299A, or Minnesota Rules, chapter 7450,
104.7 	enrolled participants in the National Veterans Wheelchair Games
104.8 	may be transported in transit vehicles in side-facing positions.
104.9 	Transportation services and operators of transit vehicles, when
104.10 	they are providing transportation to enrolled participants in
104.11 	the National Veterans Wheelchair Games in the counties of
104.12 	Hennepin and Ramsey, are exempt from statutes and rules insofar
104.13 	as they prohibit transportation of wheelchair users in
104.14 	side-facing positions.  This exemption is effective on June 26,
104.15 	2005, and expires on July 3, 2005.

104.16 	Sec. 131. RULE CHANGE; INSTRUCTION TO REVISOR.
 104.17 	The revisor of statutes shall change Minnesota Rules, part
104.18 	8820.3300, subpart 2, to require that comments be directed to
104.19 	the commissioner of transportation in conformity with the same
104.20 	period allowed for written objections to be received by the
104.21 	commissioner under this act's amendments to Minnesota Statutes
104.22 	2004, sections 162.02, subdivision 3a, and 162.09, subdivision
104.23 	3a.  The rule change is effective the same day as the effective
104.24 	date of this act's amendments to Minnesota Statutes 2004,
104.25 	sections 162.02, subdivision 3a, and 162.09, subdivision 3a.

104.26 	Sec. 132. TOWN ROAD SIGN REPLACEMENT PROGRAM.
 104.27 		Subdivision 1.Scope of program. The commissioner of
104.28 	transportation shall develop and implement a town road sign
104.29 	replacement program to:
104.30 	(1) inventory all county and town road signs;
104.31 	(2) evaluate town road signs for compliance with applicable
104.32 	sign standards;
104.33 	(3) remove and replace town road signs as the commissioner
104.34 	deems necessary; and 
104.35 	(4) establish an ongoing sign maintenance program.
104.36 		Subd. 2.Sign standards. Standards for sign removal,
104.37 	replacement, and installation must conform to applicable
105.1 	federal, state, and local safety standards, including
105.2 	retroreflectivity standards and other provisions of the Manual
105.3 	on Uniform Traffic Control Devices adopted by the commissioner.
105.4 		Subd. 3.Local government participation. The
105.5 	commissioner may establish conditions for local government
105.6 	participation in the town road sign replacement program,
105.7 	including, but not limited to, involvement of county engineers,
105.8 	and establishment and maintenance by the local government of a
105.9 	database of county and town road signs.
105.10 		Subd. 4.Use of appropriations. The commissioner may
105.11 	utilize the proceeds of state appropriations for the town road
105.12 	sign replacement program to match federal funds.  The
105.13 	commissioner may establish a pilot program in consultation with
105.14 	the Minnesota Association of Townships.
105.15 	
EFFECTIVE DATE. This section takes effect on the
105.16 	effective date of a state or federal appropriation for the town
105.17 	road sign replacement program.

105.18 	Sec. 133. REPEALER.
 105.19 	(a) Minnesota Statutes 2004, sections 168.011, subdivision
105.20 	19; 168.15, subdivision 2; 169.09, subdivision 10; 170.55; and
105.21 	171.165, subdivisions 3, 4, 4a, and 4b, are repealed.
105.22 	(b)  Minnesota Statutes 2004, sections 168.831, 168.832,
105.23 	168.833, 168.834, 168.835, 168.836, and 168.837, are repealed.
105.24 	(c) Minnesota Rules, part 7503.2400, is repealed.