HF 1351

CCR--HF1351D - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:27 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 1351 1.2A bill for an act 1.3relating to transportation; modifying or adding provisions related to geotechnical 1.4investigations before eminent domain proceedings, the highway sign franchise 1.5program, streets and highways, highway safety rest areas, highway construction 1.6bids and training, town road abandonment, bridges, special mobile equipment, 1.7motor vehicle titles, motor vehicle transfers, traffic regulations, flammable 1.8liquid definition, drivers' licenses and identification cards, driver records and 1.9education, the Real ID Act, traffic-control signals, transportation goals and 1.10mission, statewide transportation plan, metropolitan transportation system 1.11performance evaluations, transportation contracts, rail service improvement, use 1.12of rail bank property, local airports, towing, vehicle impoundments, transit and 1.13paratransit, special transportation, small vehicle passenger service, transportation 1.14accessibility, transit ways and facilities, light rail transit, vehicle license plates, 1.15vehicle size and weight restrictions, vehicle load limits and permits, paper 1.16product vehicle routes and permits, definition of full-size pickup truck, vehicle 1.17idle reduction technology, commercial vehicles and drivers, vehicle registration, 1.18insurance requirements for vehicles owned by charitable organizations, the 1.19Unified Carrier Registration Agreement, household goods movers, obsolete 1.20motor carrier laws and conforming changes, railroad company requirements, 1.21the position of state rail safety inspector, and the Railroad Walkways Safety 1.22Act; requiring studies and reports; imposing penalties; making clarifying 1.23and technical changes; appropriating money;amending Minnesota Statutes 1.242006, sections 117.041, by adding a subdivision; 160.02, subdivision 19, by 1.25adding a subdivision; 160.80; 161.14, subdivision 18, by adding subdivisions; 1.26161.32, subdivisions 1, 1b, 4; 164.06, subdivision 2; 165.01; 165.03; 168.011, 1.27subdivision 22; 168.013, subdivision 1e; 168.10, subdivisions 1a, 1b, 1c, 1d, 1.281g, 1h, 1i; 168.12, subdivisions 1, 2, 2a, 2b, 2c, 2d, 2e; 168A.01, by adding a 1.29subdivision; 168A.05, subdivisions 3, 5; 168A.10, subdivision 1; 168A.101; 1.30168A.151, subdivision 1; 168A.153; 168B.04, subdivision 2; 168B.051, 1.31subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding subdivisions; 1.32168B.087, subdivision 1, by adding a subdivision; 169.01, subdivisions 4c, 19, 1.3320, 78, by adding subdivisions; 169.041, subdivisions 1, 2; 169.06, subdivision 1.345; 169.14, subdivision 2, by adding subdivisions; 169.34; 169.471, subdivision 1; 1.35169.781; 169.782, subdivision 1; 169.783, subdivision 1; 169.81, subdivisions 1.362, 3c; 169.823, subdivision 1; 169.824, subdivision 2; 169.8261; 169.86, 1.37subdivision 5, by adding a subdivision; 169.862; 169.864, subdivisions 1, 2; 1.38169.87, subdivision 4; 171.01, by adding a subdivision; 171.02, subdivision 1; 1.39171.06, subdivision 3; 171.07, subdivisions 1, 3; 171.12, subdivision 6; 171.14; 1.40174.01, subdivision 2; 174.02, subdivision 1a; 174.03, subdivision 1, by adding 1.41subdivisions; 174.24, subdivision 2a; 174.255, by adding a subdivision; 174.29, 1.42by adding subdivisions; 174.30, subdivisions 4, 9; 174.64, subdivisions 2, 4; 2.1174.66; 218.021, subdivision 1; 218.041, subdivision 6; 221.011, subdivision 2.28, by adding a subdivision; 221.025; 221.026; 221.031, subdivisions 1, 6; 2.3221.0314, subdivision 9, by adding a subdivision; 221.033, subdivision 2d; 2.4221.036, subdivisions 1, 3; 221.037, subdivision 1; 221.091, subdivision 2; 2.5221.131; 221.132; 221.141, subdivisions 1, 4; 221.185; 221.221, subdivision 3; 2.6221.231; 221.291, subdivision 4; 221.60, subdivision 1, by adding a subdivision; 2.7222.50, subdivision 7; 222.63, subdivision 4, by adding a subdivision; 299F.60, 2.8subdivision 1; 299J.16, subdivision 1; 325F.665, by adding a subdivision; 2.9473.1466; 473.166; 473.386, subdivisions 1, 2, 2a, 3; 473.399; 473.3993, 2.10subdivisions 1, 3, by adding a subdivision; 473.3994; 473.3997; 473.4051; 2.11473.408, by adding subdivisions; Laws 2005, First Special Session chapter 2.121, article 4, section 39; proposing coding for new law in Minnesota Statutes, 2.13chapters 160; 161; 169; 174; 219; 221; 473; repealing Minnesota Statutes 2006, 2.14sections 168A.05, subdivision 5a; 174.65; 221.011, subdivisions 24, 25, 28, 29, 2.1538, 41, 44, 45; 221.0252, subdivision 7; 221.072; 221.111; 221.121, subdivisions 2.161, 2, 3, 4, 5, 6, 6a, 6c, 6d, 6e, 6f, 7; 221.122; 221.123; 221.131, subdivisions 2.172a, 3; 221.141, subdivision 6; 221.151; 221.152; 221.153, subdivisions 1, 2; 2.18221.161; 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8; 221.296, subdivisions 3, 2.194, 5, 6, 7, 8; 221.60, subdivisions 2, 3, 3a, 4, 5, 6; 221.601; 221.602; 325E.0951, 2.20subdivision 3a; 473.1465; 473.247; 473.3994, subdivision 13; Laws 1999, 2.21chapter 230, section 44. April 10, 2008 2.23The Honorable Margaret Anderson Kelliher 2.24Speaker of the House of Representatives 2.25The Honorable James P. Metzen 2.26President of the Senate 2.27We, the undersigned conferees for H. F. No. 1351 report that we have agreed upon 2.28the items in dispute and recommend as follows: 2.29That the Senate recede from its amendments and that H. F. No. 1351 be further 2.30amended as follows: 2.31Delete everything after the enacting clause and insert: 2.32"ARTICLE 1 2.33TRANSPORTATION POLICY 2.34    Section 1. Minnesota Statutes 2006, section 117.041, is amended by adding a 2.35subdivision to read: 2.36     new text begin Subd. 3. new text end new text begin Geotechnical investigation before eminent domain proceedings. new text end new text begin (a) A new text end 2.37 new text begin state agency by order of the commissioner or a political subdivision by resolution may new text end 2.38 new text begin enter property for purposes of investigation, monitoring, testing, surveying, boring, or new text end 2.39 new text begin other similar activities necessary or appropriate to perform geotechnical investigations. new text end 2.40     new text begin (b) At least ten days before entering the property, the state agency or political new text end 2.41 new text begin subdivision must serve notice on the property owner requesting permission to enter the new text end 2.42 new text begin property, stating the approximate time and purpose of the entry, and giving the owner the new text end 2.43 new text begin option of refusing entry. If the property owner refuses to consent to the entry, the state new text end 2.44 new text begin agency or political subdivision must apply for a court order authorizing the entry and the new text end 3.1 new text begin removal of any sample or portion from the property, giving notice of the court order to the new text end 3.2 new text begin property owner. The court shall issue an order if the state agency or political subdivision new text end 3.3 new text begin meets the standards in paragraph (a). Notices under this paragraph must be served in the new text end 3.4 new text begin same manner as a summons in a civil action. new text end 3.5     new text begin (c) The state agency or political subdivision must not cause any unnecessary damage new text end 3.6 new text begin to the property and must compensate the property owner for any damages actually incurred new text end 3.7 new text begin as a result of the geotechnical investigations. new text end 3.8    Sec. 2. Minnesota Statutes 2006, section 117.51, is amended to read: 3.9117.51 COOPERATION WITH FEDERAL AUTHORITIES new text begin ; new text end 3.10 new text begin REESTABLISHMENT COSTS LIMIT new text end . 3.11     new text begin Subdivision 1. new text end new text begin Cooperation with federal authorities. new text end In all acquisitions 3.12undertaken by any acquiring authority and in all voluntary rehabilitation carried out by a 3.13person pursuant to acquisition or as a consequence thereof, the acquiring authority shall 3.14cooperate to the fullest extent with federal departments and agencies, and it shall take all 3.15necessary action in order to insure, to the maximum extent possible, federal financial 3.16participation in any and all phases of acquisition, including the provision of relocation 3.17assistance, services, payments and benefits to displaced persons. 3.18     new text begin Subd. 2. new text end new text begin Reestablishment costs limit. new text end new text begin For purposes of relocation benefits paid new text end 3.19 new text begin by the acquiring authority in accordance with this section, the provisions of Code of new text end 3.20 new text begin Federal Regulations, title 49, part 24, with respect to reimbursement of reestablishment new text end 3.21 new text begin expenses for nonresidential moves are applicable, except that the acquiring authority shall new text end 3.22 new text begin reimburse the displaced business for eligible expenses up to a maximum of $50,000. new text end 3.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 16, 2007. new text end 3.24    Sec. 3. Minnesota Statutes 2006, section 117.52, subdivision 1a, is amended to read: 3.25    Subd. 1a. Reestablishment costs limit. For purposes of relocation benefits paid 3.26by the acquiring authority in accordance with this section, the provisions of Code of 3.27Federal Regulations, title 49, section new text begin part 24 new text end , with respect to reimbursement 3.28of reestablishment expenses for nonresidential moves are applicable, except that the 3.29acquiring authority shall reimburse the displaced business for new text begin eligible new text end expenses actually 3.30incurred up to a maximum of $50,000. 3.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 16, 2007. new text end 4.1    Sec. 4. Minnesota Statutes 2006, section 160.02, is amended by adding a subdivision 4.2to read: 4.3     new text begin Subd. 18a. new text end new text begin Expressway. new text end new text begin "Expressway" means a divided highway with partial new text end 4.4 new text begin control of access. new text end 4.5    Sec. 5. Minnesota Statutes 2006, section 160.02, subdivision 19, is amended to read: 4.6    Subd. 19. Freeway or expressway. "Freeway" or "expressway" means a divided, 4.7controlled-access highway with four or more lanes new text begin full control of access new text end . 4.8    Sec. 6. new text begin [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS. new text end 4.9     new text begin (a) The commissioner shall allow a commercial motor vehicle operator who is new text end 4.10 new text begin subject to hours of service regulations under Code of Federal Regulations, title 49, part new text end 4.11 new text begin 395, to stop and park continuously, for a period of up to ten hours as necessary to comply new text end 4.12 new text begin with the hours of service regulations, at any Department of Transportation safety rest area new text end 4.13 new text begin or travel information center that has parking stalls designed to accommodate a commercial new text end 4.14 new text begin motor vehicle, as defined in section 169.01, subdivision 75. new text end 4.15     new text begin (b) Any clause or provision in a lease or other agreement for the operation of a new text end 4.16 new text begin Department of Transportation safety rest area or travel information center that purports to new text end 4.17 new text begin limit the requirements under paragraph (a) is void and without effect. new text end 4.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.19    Sec. 7. Minnesota Statutes 2006, section 160.80, is amended to read: 4.20160.80 SIGN FRANCHISE PROGRAM. 4.21    Subdivision 1. Commissioner may establish program. (a) The commissioner of 4.22transportation may establish a sign franchise program for the purpose of providing on the 4.23right-of-way of interstate and controlled-access trunk highways specific information on 4.24gas, food, camping, and lodging, new text begin and 24-hour pharmacies new text end for the benefit of the motoring 4.25public. 4.26    (b) The sign franchise program must include urban interstate highways. 4.27    Subd. 1a. Eligibility criteria for business panels. (a) To be eligible for a business 4.28panel on a logo sign panel, a business establishment must: 4.29    (1) be open for business; 4.30    (2) have a sign on site that both identifies the business and is visible to motorists; 4.31    (3) be open to everyone, regardless of race, religion, color, age, sex, national origin, 4.32creed, marital status, sexual orientation, or disability; 5.1    (4) not impose a cover charge or otherwise require customers to purchase additional 5.2products or services; and 5.3    (5) meet the appropriate criteria in paragraphs (b) to (e) new text begin (f) new text end . 5.4    (b) Gas businesses must provide vehicle services including fuel and oil; restroom 5.5facilities and drinking water; continuous, staffed operation at least 12 hours a day, seven 5.6days a week; and public access to a telephone. 5.7    (c) Food businesses must serve at least two meals a day during normal mealtimes 5.8of breakfast, lunch, and dinner; provide a continuous, staffed food service operation at 5.9least ten hours a day, seven days a week except holidays as defined in section 645.44, 5.10subdivision 5 , and except as provided for seasonal food service businesses; provide 5.11seating capacity for at least 20 people; and possess any required state or local licensing or 5.12approval. Seasonal food service businesses must provide a continuous, staffed food service 5.13operation at least ten hours a day, seven days a week, during their months of operation. 5.14    (d) Lodging businesses must include sleeping accommodations, provide public 5.15access to a telephone, and possess any required state or local licensing or approval. 5.16    (e) Camping businesses must include sites for camping, include parking 5.17accommodations for each campsite, provide sanitary facilities and drinking water, and 5.18possess any required state or local licensing or approval. 5.19    (f) new text begin 24-hour pharmacy businesses must be continuously operated 24 hours per day, new text end 5.20 new text begin seven days per week, and must have a state-licensed pharmacist present and on duty at new text end 5.21 new text begin all times. new text end 5.22     new text begin (g) new text end Businesses that do not meet the appropriate criteria in paragraphs (b) to (e) 5.23but that have a signed lease as of January 1, 1998, may retain the business panel until 5.24December 31, 2005, or until they withdraw from the program, whichever occurs first, 5.25provided they continue to meet the criteria in effect in the department's contract with the 5.26logo sign vendor on August 1, 1995. After December 31, 2005, or after withdrawing 5.27from the program, a business must meet the appropriate criteria in paragraphs (a) to (e) 5.28to qualify for a business panel. 5.29    (g) new text begin (h) new text end Seasonal businesses must indicate to motorists when they are open for 5.30business by either putting the full months of operation directly on the business panel or 5.31by having a "closed" plaque applied to the business panel when the business is closed 5.32for the season. 5.33    (h) new text begin (i) new text end The maximum distance that an eligible business in Anoka, Carver, Dakota, 5.34Hennepin, Ramsey, Scott, or Washington County can be located from the interchange is: 5.35for gas businesses, one mile; for food businesses, two miles; for lodging businesses new text begin and new text end 5.36 new text begin 24-hour pharmacies new text end , three miles; and for camping businesses, ten miles. 6.1    (i) new text begin (j) new text end The maximum distance that an eligible business in any other county can be 6.2located from the interchange shall not exceed 15 miles in either direction new text begin , except the new text end 6.3 new text begin maximum distance that an eligible 24-hour pharmacy business can be located from the new text end 6.4 new text begin interchange shall not exceed three miles in either direction new text end . 6.5    (j) new text begin (k) new text end Logo sign panels must be erected so that motorists approaching an interchange 6.6view the panels in the following order: new text begin 24-hour pharmacy, new text end camping, lodging, food, gas. 6.7    (k) new text begin (l) new text end If there is insufficient space on a logo sign panel to display all eligible 6.8businesses for a specific type of service, the businesses closest to the interchange have 6.9priority over businesses farther away from the interchange. 6.10    Subd. 2. Franchises. The commissioner may, by public negotiation or bid, grant 6.11one or more franchises to qualified persons to erect and maintain, on the right-of-way of 6.12interstate and controlled-access trunk highways, signs informing the motoring public of 6.13gas, food, lodging, and camping facilities new text begin , and 24-hour pharmacies new text end . A franchisee shall 6.14furnish, install, maintain, and replace signs for the benefit of advertisers who provide gas, 6.15food, lodging, and camping facilities new text begin , and 24-hour pharmacies new text end for the general public, and 6.16lease advertising space on the signs to operators of these facilities. 6.17    Subd. 3. Costs. All costs incurred under the program established by this section 6.18must be paid under agreements negotiated between a franchisee and an advertiser or 6.19advertisers, unless otherwise provided in the contract between the commissioner and 6.20the franchisee. 6.21    Subd. 4. Contract requirements. (a) All contracts made by the commissioner 6.22with a franchisee must provide for: 6.23    (1) a requirement that the franchisee obtain liability insurance in an amount the 6.24commissioner determines, jointly insuring the state and the franchisee against all liability 6.25for claims for damages occurring wholly or in part because of the franchise; and 6.26    (2) reasonable standards for the size, design, erection, and maintenance of service 6.27information signs and the advertising logos thereon. 6.28    (b) The commissioner may require additional terms and conditions, including but 6.29not limited to provisions on the renewal and termination of the agreement, and in the event 6.30of termination the rights of the state and franchisee relative to the franchisee's advertising 6.31contracts. 6.32    Subd. 5. Restrictions. The commissioner shall take no action under this section 6.33which will result in the loss to the state of any federal highway construction funds. 6.34    Sec. 8. Minnesota Statutes 2006, section 161.14, subdivision 18, is amended to read: 7.1    Subd. 18. Voyageur Highway. The following route is named and designated the 7.2"Voyageur Highway": 7.3    (a) Beginning at a point on Trunk Highway No. 26 on the boundary line between 7.4the states of Minnesota and Iowa; thence northerly along Trunk Highway No. 26 to its 7.5junction with Trunk Highway No. 61; thence northwesterly along Trunk Highway No. 7.661 to its junction with Trunk Highway No. 10 in the city of St. Paul; thence extending 7.7in a general northwesterly direction along Trunk Highway No. 10 to its junction with 7.8Trunk Highway No. 371 at Little Falls; thence extending in a general northerly direction 7.9along Trunk Highway No. 371 to its junction with Trunk Highway No. 210 at Brainerd; 7.10thence northeasterly along Trunk Highway No. 210 to its junction with Trunk Highway 7.11No. 169 at Aitkin; thence in a general northerly direction along Trunk Highway No. 169 7.12to its junction with Trunk Highway No. 2 at Grand Rapids new text begin , except that portion that is new text end 7.13 new text begin designated as the Jim Oberstar Causeway new text end ; thence northwesterly along Trunk Highway 7.14No. 2 to its junction with Trunk Highway No. 71 at Bemidji; thence northeasterly along 7.15Trunk Highway No. 71 to its junction with Trunk Highway No. 11 at Pelland; thence 7.16northeasterly along Trunk Highway No. 11 to its junction with Trunk Highway No. 53 7.17at International Falls; thence southeasterly along Trunk Highway No. 53 to its junction 7.18with Trunk Highway No. 61 new text begin Central Entrance new text end at Duluth; new text begin . Beginning at a point on Trunk new text end 7.19 new text begin Highway No. 61 at its junction with Interstate Highway 35 and new text end thence northeasterly 7.20along Trunk Highway No. 61 to the boundary line between the state of Minnesota and 7.21the province of Ontario, Canada. 7.22    (b) The route of the Voyageur Highway designated and described in clause (a) is 7.23supplemented by legs or alternative routes described as follows: 7.24    Beginning at a point on Trunk Highway No. 1 at its junction with Trunk Highway 7.25No. 61 northerly of Silver Bay; thence northwesterly along Trunk Highway No. 1 to Ely; 7.26thence southwesterly along Trunk Highway No. 1 to its junction with Trunk Highway No. 7.27169; thence southerly and westerly along Trunk Highway No. 169 to its junction with 7.28Trunk Highway No. 53, and there terminating. 7.29    Beginning at a point on Trunk Highway No. 11 at its junction with Trunk Highway 7.30No. 53 at International Falls; thence easterly along Trunk Highway No. 11 to its easterly 7.31terminus near Island View. 7.32    Beginning at a point on Trunk Highway No. 33 at its junction with Interstate 7.33Highway marked I-35 southerly of Cloquet, thence northerly along Trunk Highway No. 7.3433 to its junction with Trunk Highway No. 53. 7.35    (c) The commissioner of transportation shall: 7.36    (1) adopt a suitable marking design of signs or informational plaques; 8.1    (2) effect the installation of such signs or plaques in public waysides or other public 8.2areas as approved and designated by the commissioner. 8.3    Sec. 9. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 8.4to read: 8.5     new text begin Subd. 57. new text end new text begin Purple Heart Trail. new text end new text begin Statutory Route No. 392, described in section new text end 8.6 new text begin 161.12 and marked on the effective date of this section as Interstate Highway 94, is new text end 8.7 new text begin designated in its entirety within Minnesota as the Purple Heart Trail. Subject to section new text end 8.8 new text begin 161.139, the commissioner shall adopt a suitable marking design to mark this highway new text end 8.9 new text begin and erect appropriate signs at each safety rest area located on the highway. new text end 8.10    Sec. 10. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 8.11to read: 8.12     new text begin Subd. 58. new text end new text begin Dallas Sams Memorial Highway. new text end new text begin That portion of Legislative Route No. new text end 8.13 new text begin 2, signed as Trunk Highway 210 on the date of final enactment of this section, from new text end 8.14 new text begin the city of Motley to the city of Staples, is designated as the "Dallas Sams Memorial new text end 8.15 new text begin Highway." The commissioner of transportation shall adopt a suitable design to mark this new text end 8.16 new text begin highway and erect appropriate signs, subject to section 161.139. new text end 8.17    Sec. 11. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 8.18to read: 8.19     new text begin Subd. 59. new text end new text begin Walter F. Mondale Drive. new text end new text begin Trunk Highway marked 53 from its new text end 8.20 new text begin intersection with Superior Street to its intersection with Central Entrance in the city of new text end 8.21 new text begin Duluth, as signed on the effective date of this section, is designated "Walter F. Mondale new text end 8.22 new text begin Drive." Subject to section 161.139, the commissioner of transportation shall adopt a new text end 8.23 new text begin suitable marking design to mark this highway and erect appropriate signs. new text end 8.24    Sec. 12. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 8.25to read: 8.26     new text begin Subd. 60. new text end new text begin Jim Oberstar Causeway. new text end new text begin The causeway over Pokegama Lake on new text end 8.27 new text begin Trunk Highway 169 is designated the "Jim Oberstar Causeway." The commissioner of new text end 8.28 new text begin transportation shall adopt a suitable design to mark this highway and erect appropriate new text end 8.29 new text begin signs, subject to section 161.139. new text end 8.30    Sec. 13. Minnesota Statutes 2006, section 161.32, subdivision 1, is amended to read: 9.1    Subdivision 1. Advertisement for bids. The commissioner may conduct the work 9.2or any part of the work incidental to the construction and maintenance of the trunk 9.3highways by labor employed to do the work or by contract. In cases of construction work, 9.4the commissioner shall first advertise for bids for contracts, and if no satisfactory bids are 9.5received, may either reject all bids and readvertise, or do the work by labor employed to 9.6do the work. Except as provided in subdivision 3 or 4, when work is to be done under 9.7contract, the commissioner shall advertise for bids once each week for three successive 9.8weeks prior to the date the bids are to be received. The advertisement for bids must be 9.9published in a newspaper or other periodical of general circulation in the state and may be 9.10placed on the Internet. The plans and specifications for the proposed work must be on file 9.11in the commissioner's office prior to the first call for bids. 9.12    Sec. 14. Minnesota Statutes 2006, section 161.32, subdivision 1b, is amended to read: 9.13    Subd. 1b. Lowest responsible bidder; electronic bids. Bidders may submit 9.14bids electronically in a form and manner required by the commissioner; however, the 9.15commissioner may require that all bids of $5,000,000 and over for trunk highway contracts 9.16must be submitted electronically. new text begin Notwithstanding section 13.591, subdivision 3, or any new text end 9.17 new text begin other law or rule to the contrary, bids are not required to be opened and read in public if new text end 9.18 new text begin the commissioner publishes the public data specified by section 13.591, subdivision 3, new text end 9.19 new text begin on a state Web site immediately after the deadline for receipt of bids has passed. Bids new text end 9.20 new text begin for federal-aid highway projects must be conducted in accordance with Code of Federal new text end 9.21 new text begin Regulations, title 23, section 635. new text end Trunk highway construction contracts, including 9.22design-build contracts, must be awarded to the lowest responsible bidder, taking into 9.23consideration conformity with the specifications, the purpose for which the contract or 9.24purchase is intended, the status and capability of the vendor, and other considerations 9.25imposed in the call for bids. The commissioner may decide which is the lowest responsible 9.26bidder for all contracts and may use the principles of life-cycle costing, when appropriate, 9.27in determining the lowest overall bid. Any or all bids may be rejected. When competitive 9.28bids are required and all bids are rejected, new bids, if solicited, must be called for as in 9.29the first instance, unless otherwise provided by law. 9.30    Sec. 15. Minnesota Statutes 2006, section 161.32, subdivision 4, is amended to read: 9.31    Subd. 4. Trunk highways damaged by spring breakup. Contracts may be 9.32let for the repair and restoration of trunk highways damaged by spring breakup upon 9.33advertisement for bids and publication thereof in a newspaper or periodical of general 9.34circulation for a period of one week prior to the date such bids are to be received, and 10.1upon the mailing of such advertisements to all contractors who have filed a written request 10.2therefor. 10.3    Sec. 16. new text begin [161.3203] CONTRACTS FOR WORK FOR TRUNK HIGHWAY. new text end 10.4     new text begin Subdivision 1. new text end new text begin Privatization transportation contracts. new text end new text begin For purposes of this new text end 10.5 new text begin section, "privatization transportation contract" means an enforceable agreement, or new text end 10.6 new text begin combination or series of agreements, by which a private contractor agrees with the new text end 10.7 new text begin commissioner of transportation to provide work (1) that is incidental to the construction new text end 10.8 new text begin or improvement of trunk highways, or (2) for maintenance of trunk highways. A new text end 10.9 new text begin privatization transportation contract does not include a design-build contract as defined new text end 10.10 new text begin in section 161.3410, subdivision 3, contracts awarded pursuant to section 161.32, work new text end 10.11 new text begin related to utility relocation, utility relocation agreements, state aid agreements, municipal new text end 10.12 new text begin agreements, interagency agreements, joint powers agreements, partnership agreements, new text end 10.13 new text begin and grant agreements. Privatization transportation contracts also do not include contracts new text end 10.14 new text begin related to aerial photos, asbestos investigation or abatement, communications, computer new text end 10.15 new text begin and information technology, construction contract administration, cultural resource new text end 10.16 new text begin investigations, electronic communications, environmental investigations, expert witnesses, new text end 10.17 new text begin contaminated soil investigations and remediation, geographic information systems, new text end 10.18 new text begin hydraulic and geotechnical studies, intelligent transportation systems, management new text end 10.19 new text begin support, mapping and photogrammetrics, market research, medical analysis, planning, new text end 10.20 new text begin public relations, right-of-way appraisals or acquisitions and field title investigations, new text end 10.21 new text begin research, relocation services, special studies, traffic studies and modeling, and employee new text end 10.22 new text begin training, and does not include services by persons licensed under sections 326.02 to 326.15. new text end 10.23     new text begin Subd. 2. new text end new text begin Applicability. new text end new text begin This section applies to privatization transportation contracts new text end 10.24 new text begin in a total amount greater than $100,000. The requirements imposed by this section are in new text end 10.25 new text begin addition to, and do not supersede, the requirements of any other applicable section of law. new text end 10.26     new text begin Subd. 3. new text end new text begin Review of contract costs. new text end new text begin (a) Before entering into a privatization new text end 10.27 new text begin transportation contract, the commissioner of transportation shall prepare a comprehensive new text end 10.28 new text begin written estimate of the cost of having the same work provided in the most cost-effective new text end 10.29 new text begin manner by agency employees. The cost estimate must include all costs of having agency new text end 10.30 new text begin employees provide the work, including the cost of pension, insurance, and other employee new text end 10.31 new text begin benefits. The cost estimate is nonpublic data, as defined in section 13.02, subdivision new text end 10.32 new text begin 9, until the day after the deadline for receipt of responses under paragraph (b), when new text end 10.33 new text begin it becomes public data. new text end 10.34     new text begin (b) After soliciting and receiving responses, the commissioner shall publicly new text end 10.35 new text begin designate the responder to which it proposes to award the privatization contract. The new text end 11.1 new text begin commissioner shall prepare a comprehensive written estimate of the cost of the proposal new text end 11.2 new text begin based on the designated responder's bid, including the cost of a transition from public new text end 11.3 new text begin to private provision of the work, any additional unemployment and retirement benefits new text end 11.4 new text begin resulting from the transfer, and costs associated with monitoring the proposed contract. If new text end 11.5 new text begin the designated responder proposes to perform any or all of the desired services outside the new text end 11.6 new text begin state, the commissioner of transportation shall include in the cost estimate, as nearly as new text end 11.7 new text begin possible, any loss of sales and income tax revenue to the state. The cost estimate must new text end 11.8 new text begin not include trade secret data which is classified as nonpublic data under section 13.37, new text end 11.9 new text begin subdivision 2. new text end 11.10     new text begin (c) Before entering into a privatization transportation contract for $250,000 or more, new text end 11.11 new text begin the commissioner shall determine that: new text end 11.12     new text begin (1) the cost estimated under paragraph (b) will be lower than the cost estimated new text end 11.13 new text begin under paragraph (a); new text end 11.14     new text begin (2) the quality of the work to be provided by the designated responder is likely new text end 11.15 new text begin to equal or exceed the quality of services that could be provided by Department of new text end 11.16 new text begin Transportation employees; new text end 11.17     new text begin (3) the contract, together with other privatization transportation contracts to which new text end 11.18 new text begin the department is or has been party, will not reduce full-time equivalent positions within new text end 11.19 new text begin the department or result in layoffs; and new text end 11.20     new text begin (4) the proposed privatization contract is in the public interest. new text end 11.21     new text begin Subd. 4. new text end new text begin Reports. new text end new text begin Beginning in 2009, the commissioner shall provide, no later than new text end 11.22 new text begin September 1, an annual written report to the legislature, in compliance with sections new text end 11.23 new text begin 3.195 and 3.197, and shall submit the report to the chairs of the senate and house of new text end 11.24 new text begin representatives committees having jurisdiction over transportation. The report must list new text end 11.25 new text begin all privatization transportation contracts within the meaning of this section that were new text end 11.26 new text begin executed or performed, whether wholly or in part, in the previous fiscal year. The report new text end 11.27 new text begin must identify, with respect to each contract: the contractor; contract amount; duration; new text end 11.28 new text begin work, provided or to be provided; the comprehensive estimate derived under subdivision new text end 11.29 new text begin 3, paragraph (a); the comprehensive estimate derived under subdivision 3, paragraph new text end 11.30 new text begin (b); the actual cost to the agency of the contractor's performance of the contract; and for new text end 11.31 new text begin contracts of at least $250,000, a statement containing the commissioner's determinations new text end 11.32 new text begin under subdivision 3, paragraph (c). new text end 11.33     new text begin Subd. 5. new text end new text begin Short title. new text end new text begin This section may be cited as the "Taxpayers' Transportation new text end 11.34 new text begin Accountability Act." new text end 11.35    Sec. 17. Minnesota Statutes 2006, section 161.53, is amended to read: 12.1161.53 RESEARCH ACTIVITIES. 12.2    The commissioner may set aside in each fiscal year up to two percent of the 12.3total amount of all funds appropriated to the commissioner other than county state-aid 12.4and municipal state-aid highway funds for transportation research including public and 12.5private research partnerships. The commissioner shall spend this money for (1) research 12.6to improve the design, construction, maintenance, management, and environmental 12.7compatibility of transportation systems; (2) research on transportation policies that 12.8enhance energy efficiency and economic development; (3) programs for implementing 12.9and monitoring research results; and (4) development of transportation education and 12.10outreach activities. Of all funds appropriated to the commissioner other than state-aid 12.11funds, the commissioner shall spend new text begin at least new text end 0.1 percent, but not exceeding $800,000 new text begin new text end 12.12 new text begin $1,200,000 new text end in any fiscal year, for research and related activities performed by the Center 12.13for Transportation Studies of the University of Minnesota. The center shall establish a 12.14technology transfer and training center for Minnesota transportation professionals. 12.15    Sec. 18. Minnesota Statutes 2006, section 164.06, subdivision 2, is amended to read: 12.16    Subd. 2. Extinguishing interest in abandoned road. (a) After providing notice 12.17under section 366.01, subdivision 8 new text begin as required in paragraph (c) new text end , the town board may by 12.18resolution disclaim and extinguish a town interest in a town road without action under 12.19subdivision 1 if: 12.20    (1) the extinguishment is found by the town board to be in the public interest; 12.21    (2) the interest is not a fee interest; 12.22    (3) the interest was established more than 25 years earlier; 12.23    (4) the interest is not recorded or filed with the county recorder; 12.24    (5) no road improvement has been constructed on a right-of-way affected by the 12.25interest within the last 25 years; and 12.26    (6) no road maintenance on a right-of-way affected by the interest has occurred 12.27within the last 25 years. 12.28    (b) The resolution shall be filed with the county auditor and recorded with the 12.29county recorder. 12.30     new text begin (c) Not less than 30 days before the first meeting at which a resolution to disclaim new text end 12.31 new text begin and extinguish a town interest in a town road under this subdivision is discussed, the new text end 12.32 new text begin town board shall provide notice of the meeting by certified mail to each property owner new text end 12.33 new text begin abutting the road to be extinguished. A notice must also be posted as provided under new text end 12.34 new text begin section 366.01, subdivision 8. new text end 12.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 13.1    Sec. 19. Minnesota Statutes 2006, section 165.01, is amended to read: 13.2165.01 DEFINITIONS. 13.3     new text begin Subdivision 1. new text end new text begin Scope. new text end For the purposes of this chapter, the terms defined in new text begin this new text end 13.4 new text begin section and new text end section 160.02 shall have the same meanings new text begin given them new text end . 13.5     new text begin Subd. 2. new text end new text begin AASHTO manual. new text end new text begin "AASHTO manual" means the Manual for Condition new text end 13.6 new text begin Evaluation of Bridges, published by the American Association of State Highway and new text end 13.7 new text begin Transportation Officials. new text end 13.8    Sec. 20. Minnesota Statutes 2006, section 165.03, is amended to read: 13.9165.03 STRENGTH OF BRIDGE; INSPECTION. 13.10    Subdivision 1. Standards generally. Each bridge, including a privately owned 13.11bridge, must conform to the strength, width, clearance, and safety standards imposed 13.12by the commissioner for the connecting highway or street. This subdivision applies to 13.13a bridge that is constructed after August 1, 1989, on any public highway or street. The 13.14bridge must have sufficient strength to support with safety the maximum vehicle weights 13.15allowed under sections 169.822 to 169.829 and must have the minimum width specified 13.16in section 165.04, subdivision 3. 13.17     new text begin Subd. 1a. new text end new text begin Inspection. new text end new text begin (a) Each bridge must be inspected annually, unless a longer new text end 13.18 new text begin interval not to exceed two years for bridges or four years for bridges classified as culverts new text end 13.19 new text begin is authorized by the commissioner. The commissioner's authorization must be based new text end 13.20 new text begin on factors including, but not limited to, the age and condition of the bridge, the rate of new text end 13.21 new text begin deterioration of the bridge, the type of structure, the susceptibility of the bridge to failure, new text end 13.22 new text begin and the characteristics of traffic on the bridge. The commissioner may require interim new text end 13.23 new text begin inspections at intervals of less than one year on bridges that are posted, bridges subjected new text end 13.24 new text begin to extreme scour conditions, bridges subject to significant substructure movement or new text end 13.25 new text begin settlement, and for other reasons as specified or inferred in the AASHTO manual. new text end 13.26     new text begin (b) The thoroughness of each inspection depends on such factors as age, traffic new text end 13.27 new text begin characteristics, state of maintenance, and known deficiencies. The evaluation of these new text end 13.28 new text begin factors is the responsibility of the engineer assigned the responsibility for inspection as new text end 13.29 new text begin defined by rule adopted by the commissioner of transportation. new text end 13.30    Subd. 2. Inspection and inventory responsibilities; rules; forms. (a) The 13.31commissioner of transportation shall adopt official inventory and bridge inspection report 13.32forms for use in making bridge inspections by the owners or highway authorities specified 13.33by this subdivision. Bridge Inspections shall new text begin must new text end be made at regular intervals, not to 14.1exceed two years new text begin for bridges and not to exceed four years for culverts new text end , by the following 14.2owner or official: 14.3    (1) the commissioner of transportation for all bridges located wholly or partially 14.4within or over the right-of-way of a state trunk highway; 14.5    (2) the county highway engineer for all bridges located wholly or partially within 14.6or over the right-of-way of any county or township new text begin town new text end road, or any street within a 14.7municipality which new text begin that new text end does not have a city engineer regularly employed; 14.8    (3) the city engineer for all bridges located wholly or partially within or over the 14.9right-of-way of any street located within or along municipal limits; 14.10    (4) the commissioner of transportation in case of a toll bridge that is used by the 14.11general public and that is not inspected and certified under subdivision 6; provided, that the 14.12commissioner of transportation may assess the owner for the costs of such new text begin the new text end inspection; 14.13    (5) the owner of a bridge over a public highway or street or that carries a roadway 14.14designated for public use by a public authority, if not required to be inventoried and 14.15inspected under clause (1), (2), (3), or (4). 14.16    (b) The commissioner of transportation shall prescribe the standards for bridge 14.17inspection and inventory by rules. The owner or highway authority shall inspect and 14.18inventory in accordance with these standards and furnish the commissioner with such data 14.19as may be necessary to maintain a central inventory. 14.20    Subd. 3. County inventory and inspection records and reports. The county 14.21engineer shall maintain a complete inventory record of all bridges as set forth in 14.22subdivision 2, new text begin paragraph (a), new text end clause (2), with the inspection reports thereof, and shall 14.23certify annually to the commissioner, as prescribed by the commissioner, that inspections 14.24have been made at regular intervals new text begin , new text end not to exceed two years new text begin for bridges and not to new text end 14.25 new text begin exceed four years for culverts new text end . A report of the inspections shall new text begin must new text end be filed annually, 14.26on or before February 15 of each year, with the county auditor or town clerk, or the 14.27governing body of the municipality. The report shall new text begin must new text end contain recommendations for 14.28the correction of, or legal posting of load limits on any bridge or structure that is found to 14.29be understrength or unsafe. 14.30    Subd. 4. Municipal inventory and inspection records and reports. The 14.31city engineer shall maintain a complete inventory record of all bridges as set forth in 14.32subdivision 2, new text begin paragraph (a), new text end clause (3), with the inspection reports thereof, and shall 14.33certify annually to the commissioner, as prescribed by the commissioner, that inspections 14.34have been made at regular intervals new text begin , new text end not to exceed two years new text begin for bridges and not to exceed new text end 14.35 new text begin four years for culverts new text end . A report of the inspections shall new text begin must new text end be filed annually, on or 14.36before February 15 of each year, with the governing body of the municipality. The report 15.1shall new text begin must new text end contain recommendations for the correction of, or legal posting of load limits 15.2on any bridge or structure that is found to be understrength or unsafe. 15.3    Subd. 5. Agreement. Agreements may be made among the various units of 15.4governments, or between governmental units and qualified engineering personnel to 15.5carry out the responsibilities for the bridge inspections and reports, as established by 15.6subdivision 2. 15.7    Subd. 6. Other bridges. The owner of a toll bridge and the owner of a bridge 15.8described in subdivision 2, new text begin paragraph (a), new text end clause (5), shall certify to the commissioner, as 15.9prescribed by the commissioner, that inspections of the bridge have been made at regular 15.10intervals new text begin , new text end not to exceed two years new text begin for bridges and not to exceed four years for culverts new text end . 15.11The certification shall new text begin must new text end be accompanied by a report of the inspection. The report shall new text begin new text end 15.12 new text begin must new text end contain recommendations for the correction of or legal posting of load limitations if 15.13the bridge is found to be understrength or unsafe. 15.14    Subd. 7. Department of Natural Resources bridge. (a) Notwithstanding 15.15subdivision 2, the commissioners of transportation and natural resources shall negotiate a 15.16memorandum of understanding that governs the inspection of bridges owned, operated, 15.17or maintained by the commissioner of natural resources. 15.18    (b) The memorandum of understanding must provide for: 15.19    (1) the inspection and inventory of bridges subject to federal law or regulations; 15.20    (2) the frequency of inspection of bridges described in paragraph (a); and 15.21    (3) who may perform inspections required under the memorandum of understanding. 15.22    Sec. 21. Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read: 15.23    Subd. 22. Special mobile equipment. "Special mobile equipment" means every 15.24vehicle not designed or used primarily for the transportation of persons or property 15.25and only incidentally operated or moved over a highway, including but not limited to: 15.26ditch-digging apparatuses, moving dollies, pump hoists and other water well-drilling 15.27equipment registered under chapter 103I, new text begin vehicle-mounted concrete pumps with or new text end 15.28 new text begin without placement booms, new text end street-sweeping vehicles, and other machinery such as 15.29asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, 15.30ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, 15.31truck-mounted log loaders, earth-moving carryalls, scrapers, power shovels, draglines, 15.32self-propelled cranes, and earth-moving equipment. The term does not include travel 15.33trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other 16.1motor vehicles designed for the transportation of persons or property to which machinery 16.2has been attached. 16.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and expires new text end 16.4 new text begin December 31, 2010. new text end 16.5    Sec. 22. Minnesota Statutes 2006, section 168.013, subdivision 1e, is amended to read: 16.6    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors 16.7except those in this chapter defined as farm trucks, on truck-tractor and semitrailer 16.8combinations except those defined as farm combinations, and on commercial zone 16.9vehicles, the tax based on total gross weight shall be graduated according to the Minnesota 16.10base rate schedule prescribed in this subdivision, but in no event less than $120. 16.11Minnesota Base Rate Schedule 16.12Scheduled taxes include five percent 16.13surtax provided for in subdivision 14 16.14 TOTAL GROSS WEIGHT 16.15 IN POUNDS TAX 16.16 A 0 - 1,500 $ 15 16.17 B 1,501 - 3,000 20 16.18 C 3,001 - 4,500 25 16.19 D 4,501 - 6,000 35 16.20 E 6,001 - 9,000 new text begin 10,000 new text end 45 16.21 F 9,001 new text begin 10,001 new text end - 12,000 70 16.22 G 12,001 - 15,000 105 16.23 H 15,001 - 18,000 145 16.24 I 18,001 - 21,000 190 16.25 J 21,001 - 26,000 270 16.26 K 26,001 - 33,000 360 16.27 L 33,001 - 39,000 475 16.28 M 39,001 - 45,000 595 16.29 N 45,001 - 51,000 715 16.30 O 51,001 - 57,000 865 16.31 P 57,001 - 63,000 1015 17.1 Q 63,001 - 69,000 1185 17.2 R 69,001 - 73,280 1325 17.3 S 73,281 - 78,000 1595 17.4 T 78,001 - 81,000 new text begin 80,000 new text end 1760 17.5    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more 17.6axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively. 17.7    (c) For each vehicle with a gross weight in excess of 81,000 new text begin 80,000 new text end pounds an 17.8additional tax of $50 is imposed for each ton or fraction thereof in excess of 81,000 17.9 new text begin 80,000 new text end pounds, subject to subdivision 12. 17.10    (d) new text begin For purposes of registration identification, for vehicles registered in the "O" new text end 17.11 new text begin category, the owner must declare at the time of registration whether the vehicle will carry new text end 17.12 new text begin a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle new text end 17.13 new text begin use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive new text end 17.14 new text begin weight sticker must be issued and the owner is restricted to a gross vehicle weight of new text end 17.15 new text begin less than 55,000 pounds. new text end 17.16     new text begin (e) new text end Truck-tractors except those herein defined as farm and commercial zone vehicles 17.17shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the 17.18combined gross weight of the truck-tractor and any semitrailer or semitrailers which the 17.19applicant proposes to combine with the truck-tractor. 17.20    (e) new text begin (f) new text end Commercial zone trucks include only trucks, truck-tractors, and semitrailer 17.21combinations which are: 17.22    (1) used by an authorized local cartage carrier operating under a permit issued 17.23under section and whose gross transportation revenue consists of at least 60 17.24percent obtained solely from local cartage carriage, and are operated solely within an area 17.25composed of two contiguous cities of the first class and municipalities contiguous thereto 17.26as defined by section 221.011, subdivision 17; or 17.27    (2) operated by an interstate carrier registered under section 221.60, or by an 17.28authorized local cartage carrier or other carrier receiving operating authority under chapter 17.29221, and operated solely within a zone exempt from regulation pursuant to United States 17.30Code, title 49, section 13506. 17.31    (f) new text begin (g) new text end The license plates issued for commercial zone vehicles shall be plainly 17.32marked. A person operating a commercial zone vehicle outside the zone or area in which 17.33its operation is authorized is guilty of a misdemeanor and, in addition to the new text begin misdemeanor new text end 17.34penalty therefor, new text begin the registrar new text end shall have new text begin revoke new text end the registration of the vehicle as a 17.35commercial zone vehicle revoked by the registrar and shall be required to reregister new text begin new text end 18.1 new text begin require that new text end the vehicle new text begin be registered new text end at 100 percent of the full annual tax prescribed in the 18.2Minnesota base rate schedule, and no part of this tax shall new text begin may new text end be refunded during the 18.3balance of the registration year. 18.4    (g) new text begin (h) new text end On commercial zone trucks the tax shall be based on the total gross weight of 18.5the vehicle and during each of the first eight years of vehicle life shall be new text begin is new text end 75 percent of 18.6the Minnesota base rate schedule. During the ninth and succeeding years of vehicle life 18.7the tax shall be new text begin is new text end 50 percent of the Minnesota base rate schedule. 18.8    (h) new text begin (i) new text end On trucks, truck-tractors and semitrailer combinations, except those defined 18.9as farm trucks and farm combinations, and except for those commercial zone vehicles 18.10specifically provided for in this subdivision, the tax for each of the first eight years of 18.11vehicle life shall be new text begin is new text end 100 percent of the tax imposed in the Minnesota base rate schedule, 18.12and during the ninth and succeeding years of vehicle life, the tax shall be new text begin is new text end 75 percent 18.13of the Minnesota base rate prescribed by this subdivision. 18.14    (i) new text begin (j) new text end For the purpose of registration, trailers coupled with a truck-tractor, semitrailer 18.15combination are semitrailers. 18.16    Sec. 23. Minnesota Statutes 2007 Supplement, section 168.12, subdivision 5, is 18.17amended to read: 18.18    Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax 18.19otherwise imposed upon any vehicle, the payment of which is required as a condition to 18.20the issuance of any plate or plates, the commissioner shall impose the fee specified in 18.21paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate 18.22or plates, except for plates issued to disabled veterans as defined in section 168.031 and 18.23plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17, 18.24for passenger automobiles. The commissioner shall issue graphic design plates only 18.25for vehicles registered pursuant to section 168.017 and recreational vehicles registered 18.26pursuant to section 168.013, subdivision 1g. 18.27    (b) Unless otherwise specified or exempted by statute, the following plate and 18.28validation sticker fees apply for the original, duplicate, or replacement issuance of a 18.29plate in a plate year: 18.30 License Plate Single Double 18.31 Regular and Disability $ 4.50 $ 6.00 18.32 Special $ 8.50 $ 10.00 18.33 Personalized (Replacement) $ 10.00 $ 14.00 18.34 Collector Category $ 13.50 $ 15.00 19.1 Emergency Vehicle Display $ 3.00 $ 6.00 19.2 Utility Trailer Self-Adhesive $ 2.50 19.3 Stickers 19.4 Duplicate year $ 1.00 $ 1.00 19.5 19.6 International Fuel Tax Agreement $ 2.50 new text begin $ new text end new text begin 2.50 new text end 19.7    (c) For vehicles that require two of the categories above, the registrar shall only 19.8charge the higher of the two fees and not a combined total. 19.9    Sec. 24. Minnesota Statutes 2006, section 168.1255, is amended by adding a 19.10subdivision to read: 19.11     new text begin Subd. 6. new text end new text begin World War II memorial donation matching account. new text end new text begin Money remaining new text end 19.12 new text begin in the World War II memorial donation matching account after the state share of the new text end 19.13 new text begin construction costs of the World War II memorial has been paid in full is appropriated to the new text end 19.14 new text begin commissioner of veterans affairs for services and programs for veterans and their families. new text end 19.15    Sec. 25. Minnesota Statutes 2006, section 168A.01, is amended by adding a 19.16subdivision to read: 19.17     new text begin Subd. 1a. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of public new text end 19.18 new text begin safety. new text end 19.19    Sec. 26. Minnesota Statutes 2006, section 168A.05, subdivision 3, is amended to read: 19.20    Subd. 3. Content of certificate. Each certificate of title issued by the department 19.21shall contain: 19.22    (1) the date issued; 19.23    (2) the first, middle, and last names, new text begin and new text end the dates of birth, and addresses of all 19.24owners who are natural persons, new text begin and new text end the full names and addresses of all other owners; 19.25    (3) new text begin the residence address of the owner listed first if that owner is a natural person or new text end 19.26 new text begin the address if that owner is not a natural person; new text end 19.27     new text begin (4) new text end the names and addresses of any secured parties new text begin , and the address of the first new text end 19.28 new text begin secured party, listed new text end in the order of priority new text begin (i) new text end as shown on the application, or new text begin (ii) new text end if the 19.29application is based on a certificate of title, as shown on the certificate, or new text begin (iii) new text end as otherwise 19.30determined by the department; 19.31    (4) new text begin (5) new text end any liens filed pursuant to a court order or by a public agency responsible for 19.32child support enforcement against the owner; 20.1    (5) new text begin (6) new text end the title number assigned to the vehicle; 20.2    (6) new text begin (7) new text end a description of the vehicle including, so far as the following data exists, its 20.3make, model, year, identifying number, type of body, whether new or used, and if a new 20.4vehicle, the date of the first sale of the vehicle for use; 20.5    (7) new text begin (8) new text end with respect to new text begin a new text end motor vehicles new text begin vehicle new text end subject to the provisions of section 20.6325E.15 , new text begin (i) new text end the true cumulative mileage registered on the odometer or new text begin (ii) new text end that the actual 20.7mileage is unknown if the odometer reading is known by the owner to be different from 20.8the true mileage; 20.9    (8) new text begin (9) new text end with respect to vehicles new text begin a vehicle new text end subject to sections 325F.6641 and 20.10325F.6642 , the appropriate term "flood damaged," "rebuilt," "prior salvage," or 20.11"reconstructed"; 20.12    (9) new text begin (10) new text end with respect to a vehicle contaminated by methamphetamine production, if 20.13the registrar has received the certificate of title and notice described in section 152.0275, 20.14subdivision 2 , paragraph (g), the term "hazardous waste contaminated vehicle"; and 20.15    (10) new text begin (11) with respect to a vehicle subject to section 325F.665, the term "lemon law new text end 20.16 new text begin vehicle"; and new text end 20.17     new text begin (12) new text end any other data the department prescribes. 20.18    Sec. 27. Minnesota Statutes 2006, section 168A.05, subdivision 5, is amended to read: 20.19    Subd. 5. Forms. (a) The certificate of title shall contain forms: 20.20    (1) for assignment and warranty of title by the owner; 20.21    (2) for assignment and warranty of title by a dealer; 20.22    (3) to apply for a certificate of title by a transferee; 20.23    (4) to name a secured party; and 20.24    (5) to make the disclosure required by section 325F.6641. 20.25    (b) The certificate of title must also include a separate detachable postcard new text begin form new text end 20.26entitled "Notice of Sale" that contains, but is not limited to, the vehicle's title number and 20.27vehicle identification number. The postcard new text begin form new text end must include sufficient space for the 20.28owner to record the purchaser's name, address, and driver's license number, if any, and 20.29the date of sale. The notice of sale must include clear instructions regarding the owner's 20.30responsibility to complete and return the form, or to transmit the required information 20.31electronically in a form acceptable to the commissioner, pursuant to section 168A.10, 20.32subdivision 1 . 20.33    Sec. 28. Minnesota Statutes 2006, section 168A.10, subdivision 1, is amended to read: 21.1    Subdivision 1. Assignment and warranty of title; mileage; notice of sale. If an 21.2owner transfers interest in a vehicle other than by the creation of a security interest, the 21.3owner shall at the time of the delivery of the vehicle execute an assignment and warranty 21.4of title to the transferee and shall state the actual selling price in the space provided on 21.5the certificate. Within ten days of the date of sale, other than a sale by or to a licensed 21.6motor vehicle dealer, the owner shall: (1) complete, detach, and return to the department 21.7the postcard new text begin form new text end on the certificate entitled "Notice of Sale," if one is provided, including 21.8the transferee's name, address, and driver's license number, if any, and the date of sale; or 21.9(2) transmit this information electronically in a form acceptable to the commissioner. With 21.10respect to motor vehicles subject to the provisions of section 325E.15, the transferor shall 21.11also, in the space provided therefor on the certificate, state the true cumulative mileage 21.12registered on the odometer or that the actual mileage is unknown if the odometer reading 21.13is known by the transferor to be different from the true mileage. The transferor shall cause 21.14the certificate and assignment to be delivered to the transferee immediately. 21.15    Sec. 29. Minnesota Statutes 2006, section 168A.101, is amended to read: 21.16168A.101 CANCELLATION OF MOTOR VEHICLE SALE. 21.17    Subdivision 1. Required documentation. If the parties cancel a purchase of a 21.18motor vehicle after the transfer of interest, they must submit within 90 days of the original 21.19purchase date the following items: 21.20    (1) the outstanding certificate of title with proper assignment; and new text begin a written claim new text end 21.21 new text begin for refund; new text end 21.22    (2) an affidavit correcting ownership signed by the parties. new text begin ; and new text end 21.23     new text begin (3) the outstanding certificate of title, if available, with proper assignment. new text end 21.24    Subd. 2. Refunds. A party may be eligible for a refund of taxes and fees new text begin paid new text end 21.25 new text begin pursuant to chapter 297B new text end only if the items indicated in subdivision 1 are submitted within 21.26the 90-day time frame unless otherwise provided by law. new text begin No other taxes or fees paid may new text end 21.27 new text begin be refunded due to the cancellation of a motor vehicle sale. new text end 21.28    Sec. 30. Minnesota Statutes 2006, section 168A.151, subdivision 1, is amended to read: 21.29    Subdivision 1. Salvage titles. (a) When an insurer, licensed to conduct business in 21.30Minnesota, acquires ownership of a late-model or high-value vehicle through payment 21.31of damages, the insurer shall immediately apply for a salvage certificate of title or shall 21.32stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF 21.33TITLE" in a manner prescribed by the department. Within 48 hours of taking possession 22.1of a vehicle through payment of damages, an insurer must notify the department in a 22.2manner prescribed by the department. 22.3    (b) Any person who acquires a damaged motor vehicle with an out-of-state title and 22.4the cost of repairs exceeds the value of the damaged vehicle or a motor vehicle with an 22.5out-of-state salvage title or certificate, as proof of ownership, shall immediately apply for 22.6a salvage certificate of title. new text begin A person shall immediately apply for a salvage certificate new text end 22.7 new text begin of title if the person acquires a damaged late-model or high-value motor vehicle with an new text end 22.8 new text begin out-of-state title and the vehicle: new text end 22.9     new text begin (1) is a vehicle that was acquired by an insurer through payment of damages; new text end 22.10     new text begin (2) is a vehicle for which the cost of repairs exceeds the value of the damaged new text end 22.11 new text begin vehicle; or new text end 22.12     new text begin (3) has an out-of-state salvage certificate of title as proof of ownership. new text end 22.13     new text begin (c) new text end A self-insured owner of a late-model or high-value vehicle who sustains damage 22.14by collision or other occurrence which exceeds 70 percent of its actual cash value 22.15shall immediately apply for a salvage certificate of title. Damage, for the purpose of 22.16this calculation, does not include the actual cost incurred to repair, replace, or reinstall 22.17inflatable safety restraints and other vehicle components that must be replaced due to the 22.18deployment of the inflatable safety restraints. 22.19    Sec. 31. Minnesota Statutes 2006, section 168A.153, is amended to read: 22.20168A.153 REPORT OF VEHICLE RECEIPT; SURRENDER OF 22.21CERTIFICATE. 22.22    Subdivision 1. Older model vehicle. A dealer who buys an older model vehicle 22.23to be dismantled or destroyed shall report to the department within 30 days including 22.24the vehicle's license plate number and identification number, and the seller's name and 22.25driver's license number. 22.26    Subd. 2. Late-model or high-value vehicle. A dealer who buys a late-model or 22.27high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and 22.28then surrender the certificate of title and a properly completed application for a salvage 22.29certificate of title to the department within ten days new text begin the commissioner in the manner new text end 22.30 new text begin prescribed in subdivision 3. The dealer must then properly destroy the certificate of title new text end . 22.31     new text begin Subd. 3. new text end new text begin Notification on vehicle to be dismantled or destroyed; service fee. new text end 22.32     new text begin Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and new text end 22.33 new text begin registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the new text end 22.34 new text begin vehicle to be dismantled or destroyed. The notification must be made electronically as new text end 23.1 new text begin prescribed by the registrar. The dealer may contract this service to a deputy registrar and new text end 23.2 new text begin the registrar may charge a fee not to exceed $7 per transaction to provide this service. new text end 23.3    Sec. 32. Minnesota Statutes 2006, section 168B.04, subdivision 2, is amended to read: 23.4    Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may 23.5take into custody and impound any unauthorized vehicle under section 169.041. 23.6    (b) A vehicle may also be impounded after it has been left unattended in one of the 23.7following public or private locations for the indicated period of time: 23.8    (1) in a public location not governed by section 169.041: 23.9    (i) on a highway and properly tagged by a peace officer, four hours; 23.10    (ii) located so as to constitute an accident or traffic hazard to the traveling public, as 23.11determined by a peace officer, immediately; or 23.12    (iii) new text begin located so as to constitute an accident or traffic hazard to the traveling public new text end 23.13 new text begin within the Department of Transportation's eight-county metropolitan district, as determined new text end 23.14 new text begin by an authorized employee of the department's freeway service patrol, immediately; or new text end 23.15     new text begin (iv) new text end that is a parking facility or other public property owned or controlled by a unit 23.16of government, properly posted, four hours; or 23.17    (2) on private property: 23.18    (i) that is single-family or duplex residential property, immediately; 23.19    (ii) that is private, nonresidential property, properly posted, immediately; 23.20    (iii) that is private, nonresidential property, not posted, 24 hours; 23.21    (iv) that is private, nonresidential property of an operator of an establishment for the 23.22servicing, repair, or maintenance of motor vehicles, five business days after notifying the 23.23vehicle owner by certified mail, return receipt requested, of the property owner's intention 23.24to have the vehicle removed from the property; or 23.25    (v) that is any residential property, properly posted, immediately. 23.26    Sec. 33. Minnesota Statutes 2006, section 169.01, subdivision 4c, is amended to read: 23.27    Subd. 4c. Motorized foot scooter. "Motorized foot scooter" means a device with 23.28handlebars designed to be stood or sat upon by the operator, and powered by an internal 23.29combustion engine or electric motor that is capable of propelling the device with or without 23.30human propulsion, and that has either (1) no more than two ten-inch new text begin 12-inch new text end or smaller 23.31diameter wheels or (2) new text begin and has new text end an engine or motor that is capable of a maximum speed of 23.3215 miles per hour on a flat surface with not more than one percent grade in any direction 23.33when the motor is engaged. An electric personal assistive mobility device, a motorized 23.34bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter. 24.1    Sec. 34. Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read: 24.2    Subd. 19. Explosives. "Explosives" means any chemical compound or mechanical 24.3mixture that is commonly used or intended for the purpose of producing an explosion 24.4and which contains any oxidizing and combustive units or other ingredients in such 24.5proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by 24.6percussion, or by detonator of any part of the compound or mixture may cause such a 24.7sudden generation of highly heated gases that the resultant gaseous pressures are capable 24.8of producing destructible effects on contiguous objects or of destroying life or limb new text begin has new text end 24.9 new text begin the meaning given in Code of Federal Regulations, title 49, section 173.50 new text end . 24.10    Sec. 35. Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read: 24.11    Subd. 20. Flammable liquid. "Flammable liquid" means any liquid which has a 24.12flash point of 70 degrees Fahrenheit, or less, as determined by a tagliabue or equivalent 24.13closed cup test device new text begin has the meaning given in Code of Federal Regulations, title 49, new text end 24.14 new text begin section 173.120 new text end . 24.15    Sec. 36. Minnesota Statutes 2006, section 169.01, subdivision 78, is amended to read: 24.16    Subd. 78. Recreational vehicle combination. (a) "Recreational vehicle 24.17combination" means a combination of vehicles consisting of a new text begin full-size new text end pickup truck 24.18as defined in section 168.011, subdivision 29, new text begin or a recreational truck-tractor new text end attached 24.19by means of a new text begin kingpin and new text end fifth-wheel coupling to a camper-semitrailer new text begin middle vehicle new text end 24.20which has hitched to it a trailer carrying a watercraft as defined in section 86B.005, 24.21subdivision 18 ; off-highway motorcycle as defined in section 84.787, subdivision 7; 24.22motorcycle; motorized bicycle; snowmobile as defined in section 84.81, subdivision 24.233 ; all-terrain vehicle as defined in section 84.92, subdivision 8; motorized golf cart; or 24.24equestrian equipment or supplies. 24.25    (b) For purposes of this subdivision: new text begin , new text end 24.26    (1) a " new text begin kingpin and new text end fifth-wheel coupling" is a coupling between a camper-semitrailer 24.27 new text begin middle vehicle new text end and a towing new text begin full-size new text end pickup truck new text begin or a recreational truck-tractor new text end in which 24.28a portion of the weight of the camper-semitrailer new text begin towed middle vehicle new text end is carried over or 24.29forward of the rear axle of the towing pickup. 24.30    (2) A "camper-semitrailer" is a trailer, other than a manufactured home as defined in 24.31section 327B.01, subdivision 13, designed for human habitation and used for vacation or 24.32recreational purposes for limited periods. 25.1    Sec. 37. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 25.2to read: 25.3     new text begin Subd. 93. new text end new text begin Full-size pickup truck. new text end new text begin "Full-size pickup truck" means any truck with a new text end 25.4 new text begin manufacturer's nominal rated carrying capacity of one ton or less and commonly known new text end 25.5 new text begin as or resembling a pickup truck. new text end 25.6    Sec. 38. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 25.7to read: 25.8     new text begin Subd. 94. new text end new text begin Recreational truck-tractor. new text end new text begin "Recreational truck-tractor" means a new text end 25.9 new text begin truck-tractor with a gross vehicle weight rating of not more than 24,000 pounds, that is new text end 25.10 new text begin designed exclusively or adapted specifically to tow a semitrailer coupled by means of new text end 25.11 new text begin a fifth-wheel plate and kingpin assembly. new text end 25.12    Sec. 39. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 25.13to read: 25.14     new text begin Subd. 95. new text end new text begin Valid license; valid driver's license. new text end new text begin "Valid license," "valid driver's new text end 25.15 new text begin license," "valid Minnesota driver's license," "valid standard driver's license," or other new text end 25.16 new text begin similar term, has the meaning given in section 171.01, subdivision 49a. new text end 25.17    Sec. 40. Minnesota Statutes 2006, section 169.041, subdivision 1, is amended to read: 25.18    Subdivision 1. Towing authority. For purposes of this section, "towing authority" 25.19means new text begin : new text end 25.20     new text begin (1) new text end any local authority authorized by section 169.04 to enforce the traffic laws, and 25.21also includes a private towing company authorized by a local authority to tow vehicles on 25.22behalf of that local authority. new text begin ; or new text end 25.23     new text begin (2) an authorized employee of the Department of Transportation's freeway service new text end 25.24 new text begin patrol within the department's eight-county metropolitan district. new text end 25.25    Sec. 41. Minnesota Statutes 2006, section 169.041, subdivision 2, is amended to read: 25.26    Subd. 2. Towing order required. A towing authority may not tow a motor 25.27vehicle from public property unless a peace officer or parking enforcement officer has 25.28prepared, in addition to the parking citation, a written towing report describing the motor 25.29vehicle and the reasons for towing. The report must be signed by the officer and the tow 25.30driver. new text begin Within the Department of Transportation's eight-county metropolitan district, an new text end 25.31 new text begin authorized employee of the department's freeway service patrol may order a tow from a new text end 26.1 new text begin trunk highway after preparing a written towing report provided by the Minnesota State new text end 26.2 new text begin Patrol. A citation need not be issued before the employee orders a tow. new text end 26.3     new text begin Except in cases where an accident or traffic hazard to the traveling public exists, the new text end 26.4 new text begin department employee shall ensure that if the tower requested to remove the vehicle by the new text end 26.5 new text begin owner arrives before the tower requested by the department, the tower requested by the new text end 26.6 new text begin owner is given the opportunity to actually conduct and complete all towing operations new text end 26.7 new text begin requested. new text end 26.8    Sec. 42. Minnesota Statutes 2006, section 169.06, subdivision 5, is amended to read: 26.9    Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control 26.10signals exhibiting different colored lights, or colored lighted arrows, successively one at a 26.11time or in combination, only the colors Green, Red, and Yellow shall be used, except for 26.12special pedestrian signals carrying a word or legend. The traffic-control signal lights or 26.13colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows: 26.14    (1) Green indication: 26.15    (i) Vehicular traffic facing a circular green signal may proceed straight through or 26.16turn right or left unless a sign at such place prohibits either turn. But vehicular traffic, 26.17including vehicles turning right or left, shall yield the right-of-way to other vehicles 26.18and to pedestrians lawfully within the intersection or adjacent crosswalk at the time this 26.19signal is exhibited. 26.20    (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with 26.21another indication, may cautiously enter the intersection only to make the movement 26.22indicated by the arrow, or other movement as permitted by other indications shown at the 26.23same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully 26.24within an adjacent crosswalk and to other traffic lawfully using the intersection. 26.25    (iii) Unless otherwise directed by a pedestrian-control signal as provided in 26.26subdivision 6, pedestrians facing any green signal, except when the sole green signal is a 26.27turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. 26.28Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the 26.29pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the 26.30time that the green signal indication is first shown. 26.31    (2) Steady yellow indication: 26.32    (i) Vehicular traffic facing a new text begin steady new text end circular yellow new text begin or yellow arrow new text end signal is thereby 26.33warned that the related green movement is being terminated or that a red indication will be 26.34exhibited immediately thereafter when vehicular traffic must not enter the intersection, 27.1except for the continued movement allowed by any green arrow indication simultaneously 27.2exhibited. 27.3    (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a 27.4pedestrian-control signal as provided in subdivision 6, are thereby advised that there is 27.5insufficient time to cross the roadway before a red indication is shown and no pedestrian 27.6shall then start to cross the roadway. 27.7    (iii) Vehicular traffic facing a steady yellow arrow signal is thereby warned that 27.8the protected vehicular movement permitted by the corresponding prior green arrow 27.9indication is being terminated. 27.10    (3) Steady red indication: 27.11    (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked 27.12stop line but, if none, before entering the crosswalk on the near side of the intersection 27.13or, if none, then before entering the intersection and shall remain standing until a green 27.14indication is shown, except as follows: (A) the driver of a vehicle stopped as close 27.15as practicable at the entrance to the crosswalk on the near side of the intersection or, 27.16if none, then at the entrance to the intersection in obedience to a red or stop signal, 27.17and with the intention of making a right turn may make the right turn, after stopping, 27.18unless an official sign has been erected prohibiting such movement, but shall yield the 27.19right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal 27.20at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another 27.21one-way street on which traffic moves to the left shall stop in obedience to a red or stop 27.22signal and may then make a left turn into the one-way street, unless an official sign has 27.23been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and 27.24other traffic lawfully proceeding as directed by the signal at that intersection. 27.25    (ii) Unless otherwise directed by a pedestrian-control signal as provided in 27.26subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway. 27.27    (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a 27.28movement indicated by the arrow, must stop at a clearly marked stop line but, if none, 27.29before entering the crosswalk on the near side of the intersection or, if none, then before 27.30entering the intersection and must remain standing until a permissive signal indication 27.31permitting the movement indicated by the red arrow is displayed, except as follows: when 27.32an official sign has been erected permitting a turn on a red arrow signal, the vehicular 27.33traffic facing a red arrow signal indication is permitted to enter the intersection to turn 27.34right, or to turn left from a one-way street into a one-way street on which traffic moves 27.35to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic 27.36lawfully proceeding as directed by the signal at that intersection. 28.1    (b) In the event an official traffic-control signal is erected and maintained at a place 28.2other than an intersection, the provisions of this section are applicable except those which 28.3can have no application. Any stop required must be made at a sign or marking on the 28.4pavement indicating where the stop must be made, but in the absence of any such sign or 28.5marking the stop must be made at the signal. 28.6    (c) When a traffic-control signal indication or indications placed to control a certain 28.7movement or lane are so identified by placing a sign near the indication or indications, 28.8no other traffic-control signal indication or indications within the intersection controls 28.9vehicular traffic for that movement or lane. 28.10    Sec. 43. Minnesota Statutes 2006, section 169.14, subdivision 2, is amended to read: 28.11    Subd. 2. Speed limits. (a) Where no special hazard exists the following speeds 28.12shall be lawful, but any speeds in excess of such limits shall be prima facie evidence 28.13that the speed is not reasonable or prudent and that it is unlawful; except that the speed 28.14limit within any municipality shall be a maximum limit and any speed in excess thereof 28.15shall be unlawful: 28.16    (1) 30 miles per hour in an urban district or on a town road in a rural residential 28.17district; 28.18    (2) 65 miles per hour on noninterstate new text begin expressways, as defined in section 160.02, new text end 28.19 new text begin subdivision 18a, and noninterstate new text end freeways and expressways, as defined in section 28.20160.02, subdivision 19 ; 28.21    (3) 55 miles per hour in locations other than those specified in this section; 28.22    (4) 70 miles per hour on interstate highways outside the limits of any urbanized area 28.23with a population of greater than 50,000 as defined by order of the commissioner of 28.24transportation; 28.25    (5) 65 miles per hour on interstate highways inside the limits of any urbanized area 28.26with a population of greater than 50,000 as defined by order of the commissioner of 28.27transportation; 28.28    (6) ten miles per hour in alleys; and 28.29    (7) 25 miles per hour in residential roadways if adopted by the road authority having 28.30jurisdiction over the residential roadway. 28.31    (b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the 28.32road authority has erected signs designating the speed limit and indicating the beginning 28.33and end of the residential roadway on which the speed limit applies. 28.34    (c) For purposes of this subdivision, "rural residential district" means the territory 28.35contiguous to and including any town road within a subdivision or plat of land that is built 29.1up with dwelling houses at intervals of less than 300 feet for a distance of one-quarter 29.2mile or more. 29.3    (d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, 29.4a person who violates a speed limit established in this subdivision, or a speed limit 29.5designated on an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles 29.6per hour or more in excess of the applicable speed limit, is assessed an additional surcharge 29.7equal to the amount of the fine imposed for the speed violation, but not less than $25. 29.8    Sec. 44. Minnesota Statutes 2006, section 169.34, is amended to read: 29.9169.34 PROHIBITIONS; STOPPING, PARKING. 29.10     new text begin Subdivision 1. new text end new text begin Prohibitions. new text end (a) No person shall stop, stand, or park a vehicle, 29.11except when necessary to avoid conflict with other traffic or in compliance with the 29.12directions of a police officer or traffic-control device, in any of the following places: 29.13    (1) on a sidewalk; 29.14    (2) in front of a public or private driveway; 29.15    (3) within an intersection; 29.16    (4) within ten feet of a fire hydrant; 29.17    (5) on a crosswalk; 29.18    (6) within 20 feet of a crosswalk at an intersection; 29.19    (7) within 30 feet upon the approach to any flashing beacon, stop sign, or 29.20traffic-control signal located at the side of a roadway; 29.21    (8) between a safety zone and the adjacent curb or within 30 feet of points on the 29.22curb immediately opposite the ends of a safety zone, unless a different length is indicated 29.23by signs or markings; 29.24    (9) within 50 feet of the nearest rail of a railroad crossing; 29.25    (10) within 20 feet of the driveway entrance to any fire station and on the side of 29.26a street opposite the entrance to any fire station within 75 feet of said entrance when 29.27properly signposted; 29.28    (11) alongside or opposite any street excavation or obstruction when such stopping, 29.29standing, or parking would obstruct traffic; 29.30    (12) on the roadway side of any vehicle stopped or parked at the edge or curb of a 29.31street; 29.32    (13) upon any bridge or other elevated structure upon a highway or within a highway 29.33tunnel, except as otherwise provided by ordinance; 29.34    (14) at any place where official signs prohibit stopping. 30.1    (b) No person shall move a vehicle not owned by such person into any prohibited 30.2area or away from a curb such distance as is unlawful. 30.3    (c) No person shall, for camping purposes, leave or park a travel trailer on or within 30.4the limits of any highway or on any highway right-of-way, except where signs are erected 30.5designating the place as a campsite. 30.6    (d) No person shall stop or park a vehicle on a street or highway when directed or 30.7ordered to proceed by any peace officer invested by law with authority to direct, control, 30.8or regulate traffic. 30.9     new text begin Subd. 2. new text end new text begin Violation; penalty for owner or lessee. new text end new text begin (a) If a motor vehicle is stopped, new text end 30.10 new text begin standing, or parked in violation of subdivision 1, the owner of the vehicle, or for a leased new text end 30.11 new text begin motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor. new text end 30.12     new text begin (b) The owner or lessee may not be fined under paragraph (a) if (1) another person new text end 30.13 new text begin is convicted for, or pleads guilty to, that violation, or (2) the motor vehicle was stolen at new text end 30.14 new text begin the time of the violation. new text end 30.15     new text begin (c) Paragraph (a) does not apply to a lessor of a motor vehicle if the lessor keeps a new text end 30.16 new text begin record of the name and address of the lessee. new text end 30.17     new text begin (d) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle new text end 30.18 new text begin operator for violating subdivision 1. new text end 30.19     new text begin (e) A violation under paragraph (a) does not constitute grounds for revocation or new text end 30.20 new text begin suspension of the owner's or lessee's driver's license. new text end 30.21    Sec. 45. Minnesota Statutes 2006, section 169.471, is amended to read: 30.22169.471 TELEVISION; HEADPHONES. 30.23    Subdivision 1. Television screen in vehicle. No television screen shall be installed 30.24or used in any motor vehicle where it is new text begin images from the screen are new text end visible to the driver 30.25while operating the motor vehicle except: 30.26    (1) video screens installed in law enforcement vehicles; 30.27    (2) closed-circuit video systems used exclusively to aid the driver's visibility to 30.28the new text begin front, new text end rear new text begin , new text end or sides of the vehicle; and 30.29    (3) video screens installed as part of a vehicle control system or used in intelligent 30.30vehicle highway applications. 30.31    Subd. 2. Use of headphones in vehicle. (a) No person, while operating a motor 30.32vehicle, shall wear headphones or earphones that are used in both ears simultaneously for 30.33purposes of receiving or listening to broadcasts or reproductions from radios, tape decks, 30.34or other sound-producing or transmitting devices. 31.1    (b) Paragraph (a) does not prohibit: 31.2    (1) the use of a hearing aid device by a person who needs the device; or 31.3    (2) the use of a communication headset by a firefighter while operating a fire 31.4department emergency vehicle in response to an emergency new text begin ; or new text end 31.5     new text begin (3) the use of a communication headset by an emergency medical services person new text end 31.6 new text begin while operating an ambulance subject to section 144E.101 new text end . 31.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 31.8    Sec. 46. Minnesota Statutes 2006, section 169.781, is amended to read: 31.9169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS, 31.10FEE, PENALTY. 31.11    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783: 31.12    (a) "Commercial motor vehicle" new text begin : new text end 31.13     new text begin (1) new text end means new text begin a motor vehicle or combination of motor vehicles used to transport new text end 31.14 new text begin passengers or property if the motor vehicle new text end : 31.15    (1) a commercial motor vehicle as defined in section 169.01, subdivision 75, 31.16paragraph (a); and new text begin (i) has a gross vehicle weight of more than 26,000 pounds; new text end 31.17    (2) each new text begin (ii) is a new text end vehicle in a combination of more than 26,000 pounds. new text begin ; new text end 31.18     new text begin (iii) is a bus; or new text end 31.19     new text begin (iv) is of any size and is used in the transportation of hazardous materials that are new text end 31.20 new text begin required to be placarded under Code of Federal Regulations, title 49, parts 100-185; and new text end 31.21"Commercial motor vehicle" 31.22     new text begin (2) new text end does not include (1) new text begin (i) new text end a school bus or Head Start bus displaying a certificate 31.23under section 169.451, (2) new text begin or (ii) new text end a bus operated by the Metropolitan Council or by a local 31.24transit commission created in chapter 458A, or (3) a motor vehicle that is required to be 31.25placarded under Code of Federal Regulations, title 49, parts 100-185. 31.26    (b) "Commissioner" means the commissioner of public safety. 31.27    (c) "Owner" means a person who owns, or has control, under a lease of more than 30 31.28days' duration, of one or more commercial motor vehicles. 31.29    (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store 31.30property at a location not on a street or highway, (2) does not contain any load when 31.31moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked 31.32on each side of the semitrailer "storage only" in letters at least six inches high. 31.33    (e) "Building mover vehicle" means a vehicle owned or leased by a building mover 31.34as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for 31.35moving buildings. 32.1    Subd. 2. Inspection required. new text begin (a) new text end It is unlawful for a person to operate or permit 32.2the operation of: 32.3    (1) a commercial motor vehicle registered in Minnesota; or 32.4    (2) special mobile equipment as defined in section 168.011, subdivision 22, and 32.5which is self-propelled, if it is mounted on a commercial motor vehicle chassis, 32.6unless the new text begin in violation of the requirements of paragraph (b). new text end 32.7     new text begin (b) A new text end vehicle displays new text begin described in paragraph (a): new text end 32.8     new text begin (1) must display new text end a valid safety inspection decal issued by an inspector certified by 32.9the commissioner, or the vehicle carries (1) new text begin ; or new text end 32.10     new text begin (2) must carry (i) new text end proof that the vehicle complies with federal motor vehicle 32.11inspection requirements for vehicles in interstate commerce, and (2) new text begin (ii) new text end a certificate of 32.12compliance with federal requirements issued by the commissioner under subdivision 9. 32.13    Subd. 3. Inspector certification; suspension and revocation; hearing. (a) An 32.14inspection required by this section may be performed only by: 32.15    (1) an employee of the Department of Public Safety or Transportation who has 32.16been certified by the commissioner after having received training provided by the State 32.17Patrol; or 32.18    (2) another person who has been certified by the commissioner after having received 32.19training provided by the State Patrol or other training approved by the commissioner. 32.20    (b) A person who is not an employee of the Department of Public Safety or 32.21Transportation may be certified by the commissioner if the person is: 32.22    (1) an owner, or employee of the owner, of one or more commercial motor vehicles 32.23that are power units; 32.24    (2) a dealer licensed under section 168.27 and engaged in the business of buying and 32.25selling commercial motor vehicles, or an employee of the dealer; or 32.26    (3) engaged in the business of repairing and servicing commercial motor vehicles new text begin ; or new text end 32.27     new text begin (4) employed by a governmental agency that owns commercial vehicles new text end . 32.28    (c) Certification of persons described in paragraph (b), clauses (1) to (3) new text begin (4) new text end , is 32.29effective for two years from the date of certification. The commissioner may require 32.30biennial retraining of persons holding a certificate under paragraph (b) as a condition of 32.31renewal of the certificate. The commissioner may charge a fee of not more than $10 32.32for each certificate issued and renewed. A certified person described in paragraph (b), 32.33clauses (1) to (3) new text begin (4) new text end , may charge a reasonable fee for each inspection of a vehicle not 32.34owned by the person or the person's employer. 32.35    (d) Except as otherwise provided in subdivision 5, the standards adopted by the 32.36commissioner for commercial motor vehicle inspections under sections 169.781 to 33.1169.783 shall new text begin must new text end be the standards prescribed in Code of Federal Regulations, title 49, 33.2section 396.17, and in chapter III, subchapter B, appendix G. 33.3    (e) The commissioner may classify types of vehicles for inspection purposes and 33.4may issue separate classes of inspector certificates for each class. The commissioner shall 33.5issue separate categories of inspector certificates based on the following classifications: 33.6    (1) a class of certificate that authorizes the certificate holder to inspect commercial 33.7motor vehicles without regard to ownership or lease; and 33.8    (2) a class of certificate that authorizes the certificate holder to inspect only 33.9commercial motor vehicles the certificate holder owns or leases. 33.10The commissioner shall issue a certificate described in clause (1) only to a person 33.11described in paragraph (b), clause (2) or (3). 33.12    (f) The commissioner, after notice and an opportunity for a hearing, may suspend a 33.13certificate issued under paragraph (b) for failure to meet annual certification requirements 33.14prescribed by the commissioner or failure to inspect commercial motor vehicles in 33.15accordance with inspection procedures established by the State Patrol. The commissioner 33.16shall revoke a certificate issued under paragraph (b) if the commissioner determines after 33.17notice and an opportunity for a hearing that the certified person issued an inspection decal 33.18for a commercial motor vehicle when the person knew or reasonably should have known 33.19that the vehicle was in such a state of repair that it would have been declared out of service 33.20if inspected by an employee of the State Patrol. Suspension and revocation of certificates 33.21under this subdivision are not subject to sections 14.57 to 14.69. 33.22    Subd. 4. Inspection report. (a) A person performing an inspection under this 33.23section shall issue an inspection report to the owner of the commercial motor vehicle 33.24inspected. The report must include: 33.25    (1) the full name of the person performing the inspection, and the person's inspector 33.26certification number; 33.27    (2) the name of the owner of the vehicle and, if applicable, the United States 33.28Department of Transportation carrier number issued to the owner of the vehicle, or to the 33.29operator of the vehicle if other than the owner; 33.30    (3) the vehicle identification number and, if applicable, the license plate number 33.31of the vehicle; 33.32    (4) the date and location of the inspection; 33.33    (5) the vehicle components inspected and a description of the findings of the 33.34inspection, including identification of the components not in compliance with federal 33.35motor carrier safety regulations; and 34.1    (6) the inspector's certification that the inspection was complete, accurate, and in 34.2compliance with the requirements of this section. 34.3    (b) The owner must retain a copy of the inspection report for at least 14 months at a 34.4location in the state where the vehicle is domiciled or maintained. The inspector must 34.5maintain a copy of the inspection report for a period of 14 months following the inspection 34.6in a location in the state where the inspector conducts business. During this period the 34.7report must be available for inspection by an authorized federal, state, or local official. 34.8    (c) The commissioner shall prescribe the form of the inspection report and revise it 34.9as necessary to comply with state and federal law and regulations. The adoption of the 34.10report form is not subject to the Administrative Procedure Act. 34.11    Subd. 5. Inspection decal. (a) A person inspecting a commercial motor vehicle 34.12shall issue an inspection decal for the vehicle if each inspected component of the vehicle 34.13complies with federal motor carrier safety regulations. The decal must state that in the 34.14month specified on the decal the vehicle was inspected and each inspected component 34.15complied with federal motor carrier safety regulations. The decal is valid for 12 34.16months after the month specified on the decal. The commissioners of public safety and 34.17transportation shall make decals available, at a fee of not more than $2 for each decal, 34.18to persons certified to perform inspections under subdivision 3, paragraph (b). new text begin Decals new text end 34.19 new text begin are issued to inspectors by serial number and are not transferable unless approved by new text end 34.20 new text begin the commissioner. new text end 34.21    (b) Minnesota inspection decals may be affixed only to: 34.22    (1) commercial motor vehicles bearing Minnesota-based license plates; or 34.23    (2) special mobile equipment, within the meaning of subdivision 2, clause (2). 34.24    (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less 34.25than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage 34.26semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle 34.27unless the vehicle has one or more defects that would result in the vehicle being declared 34.28out of service under the North American Uniform Driver, Vehicle, and Hazardous 34.29Materials Out-of-Service Criteria issued by the Federal Highway Administration and the 34.30Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1), 34.31(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle 34.32must clearly indicate that it is valid for two years from the date of issuance. 34.33    (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered 34.34as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, 34.35and (3) was manufactured before 1979 that has a dual transmission system, is not required 35.1to comply with a requirement in an inspection standard that requires that the service brake 35.2system and parking brake system be separate systems in the motor vehicle. 35.3    Subd. 6. Record review; random inspection; audit. Employees of the State Patrol 35.4and motor transportation representatives of the Department of Transportation may review 35.5records required to be kept under subdivision 4, paragraph (b), and conduct random 35.6vehicle inspections and audits at the facility of an owner of a commercial motor vehicle. 35.7    Subd. 7. Disposition of revenues. The commissioner shall pay all revenues received 35.8under this section to the commissioner of finance for deposit in the trunk highway fund. 35.9    Subd. 8. Violation; misdemeanor. A violation of this section is a misdemeanor. 35.10    Subd. 9. Proof of federal inspection. An owner of a commercial motor vehicle 35.11that is subject to and in compliance with federal motor vehicle inspection requirements 35.12for vehicles in interstate commerce may apply to the commissioner for a certificate 35.13of compliance with federal requirements. On payment of a fee equal to the fee for an 35.14inspection decal under subdivision 5, paragraph (a), the commissioner shall issue the 35.15certificate to the applicant. new text begin This subdivision only applies to Minnesota-licensed vehicles new text end 35.16 new text begin that are not housed or maintained in Minnesota. new text end 35.17    Subd. 10. Exemption. This section does not apply to a vehicle operated by a motor 35.18carrier of passengers, as defined in section 221.011, subdivision 48, if the vehicle has 35.19been inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within 35.20the previous 12 months. 35.21    Sec. 47. Minnesota Statutes 2006, section 169.782, subdivision 1, is amended to read: 35.22    Subdivision 1. Driver; daily inspection report. (a) The driver of a commercial 35.23motor vehicle shall report in writing at the completion of each day's work on each 35.24commercial motor vehicle the driver has operated. A person who owns one or more 35.25commercial motor vehicles and who employs drivers for those commercial motor vehicles 35.26must require each driver to new text begin submit a written new text end report as required in new text begin by new text end this section. The 35.27report must cover the following parts and accessories: service brakes, including trailer and 35.28semitrailer brake connections; parking (hand) brake; steering mechanism; lighting devices 35.29and reflectors; tires; horn; windshield wiper or wipers; rear vision mirror or mirrors; 35.30coupling devices; wheels and rims; and emergency equipment. 35.31    (b) The report must identify the vehicle and list any defect or deficiency discovered 35.32by or reported to the driver that would affect the safe operation of the vehicle or result in 35.33its mechanical breakdown. If no defect or deficiency is discovered by or reported to the 35.34driver, the report must so indicate. The driver must sign the report after completing it. In 36.1the case of a commercial motor vehicle operated by two drivers, the signature of one of 36.2the drivers satisfies the requirements of this subdivision if both drivers agree concerning 36.3the defects or deficiencies. If a driver operates more than one commercial motor vehicle 36.4during a day's work, a report must be prepared for each vehicle operated. 36.5    (c) Before operating or allowing the operation of a commercial motor vehicle on 36.6which a report has been prepared under this subdivision, the owner of the vehicle or 36.7the owner's agent must repair defects or deficiencies listed on the report that would be 36.8sufficient under inspection procedures established by the State Patrol to require the vehicle 36.9to be declared out of service new text begin likely affect the safe operation of the vehicle new text end . Before allowing 36.10the commercial motor vehicle to be operated again, the owner or the owner's agent must 36.11certify, on the report listing the defect or deficiency, that the defect or deficiency has 36.12been corrected or that correction is unnecessary. A motor carrier must keep the original 36.13vehicle inspection report for at least three months after the date of inspection. The report 36.14must be available for inspection by an authorized federal, state, or local official at any 36.15time during this period. 36.16    (d) A copy of the vehicle inspection report, including a certification of corrections 36.17resulting from the report, must be carried in the commercial motor vehicle, or in the power 36.18unit of a commercial motor vehicle combination, at all times when the vehicle or power 36.19unit is operated until the next inspection report is completed under this subdivision. The 36.20copy must be made available on demand to: (1) a peace officer; new text begin , new text end (2) a person authorized 36.21under section 221.221; new text begin , new text end and (3) a person described in section 299D.06. 36.22    Sec. 48. Minnesota Statutes 2006, section 169.783, subdivision 1, is amended to read: 36.23    Subdivision 1. Postcrash inspection. new text begin (a) new text end A peace officer responding to an accident 36.24involving a commercial motor vehicle must immediately notify the State Patrol if the 36.25accident results in death, personal injury, or property damage to an apparent extent of 36.26more than $4,400. new text begin : new text end 36.27     new text begin (1) a fatality; new text end 36.28     new text begin (2) bodily injury to a person who, as a result of the injury, immediately receives new text end 36.29 new text begin medical treatment away from the scene of the accident; or new text end 36.30     new text begin (3) one or more motor vehicles incurring disabling damage as a result of the new text end 36.31 new text begin accident, requiring the motor vehicles to be transported away from the scene by tow new text end 36.32 new text begin truck or other motor vehicle. new text end 36.33     new text begin (b) new text end It is a misdemeanor for a person to drive or cause to be driven a commercial 36.34motor vehicle after such an accident unless the vehicle: 37.1    (1) has been inspected by a state trooper or other person authorized to conduct 37.2inspections under section 169.781, subdivision 3, paragraph (a), who is an employee of 37.3the Department of Public Safety or Transportation, and the person inspecting the vehicle 37.4has determined that the vehicle may safely be operated; or 37.5    (2) a waiver has been granted under subdivision 2. 37.6    Sec. 49. Minnesota Statutes 2006, section 169.81, subdivision 2, is amended to read: 37.7    Subd. 2. Length of single vehicle; exceptions. (a) Statewide, no single vehicle may 37.8exceed 40 new text begin 45 new text end feet in overall length, including load and front and rear bumpers, except: 37.9    (1) mobile cranes, which may not exceed 48 feet in overall length; 37.10    (2) buses, which may not exceed 45 feet in overall length; and 37.11    (3) type A, B, or C motor homes as defined in section 168.011, subdivision 25, 37.12paragraph (c), which may not exceed 45 feet in overall length. 37.13    (b) Statewide, no semitrailer may exceed 48 feet in overall length, including bumper 37.14and load, but excluding non-cargo-carrying equipment, such as refrigeration units or air 37.15compressors, necessary for safe and efficient operation and located on the end of the 37.16semitrailer adjacent to the truck-tractor. However, statewide, a single semitrailer may 37.17exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline of the 37.18rear axle group of the semitrailer does not exceed 43 feet. 37.19    (c) Statewide, no single trailer may have an overall length exceeding 45 feet, 37.20including the tow bar assembly but exclusive of rear bumpers that do not increase the 37.21overall length by more than six inches. 37.22    (d) For determining compliance with this subdivision, the length of the semitrailer 37.23or trailer must be determined separately from the overall length of the combination of 37.24vehicles. 37.25    (e) No semitrailer or trailer used in a three-vehicle combination may have an overall 37.26length in excess of 28-1/2 feet, exclusive of: 37.27    (1) non-cargo-carrying accessory equipment, including refrigeration units or air 37.28compressors and upper coupler plates, necessary for safe and efficient operation, located 37.29on the end of the semitrailer or trailer adjacent to the truck or truck-tractor; 37.30    (2) the tow bar assembly; and 37.31    (3) lower coupler equipment that is a fixed part of the rear end of the first semitrailer 37.32or trailer. 37.33    Sec. 50. Minnesota Statutes 2006, section 169.81, subdivision 3c, is amended to read: 38.1    Subd. 3c. Recreational vehicle combination. Notwithstanding subdivision 3, a 38.2recreational vehicle combination may be operated without a permit if: 38.3    (1) the combination does not consist of more than three vehicles, and the towing 38.4rating of the new text begin full-size new text end pickup truck new text begin or recreational truck-tractor new text end is equal to or greater than 38.5the total weight of all vehicles being towed; 38.6    (2) the combination does not exceed 70 feet in length; 38.7    (3) the middle vehicle in the combination does not exceed 28 feet in length; 38.8    (4) the operator of the combination is at least 18 years of age; 38.9    (5) new text begin (4) new text end the trailer new text begin is only new text end carrying a watercraft, motorcycle, motorized bicycle, 38.10off-highway motorcycle, snowmobile, all-terrain vehicle, motorized golf cart, new text begin watercraft, new text end 38.11 new text begin motorcycles, motorized bicycles, off-highway motorcycles, snowmobiles, all-terrain new text end 38.12 new text begin vehicles, motorized golf carts, new text end or equestrian equipment or supplies new text begin , and new text end meets all 38.13requirements of law; 38.14    (6) new text begin (5) new text end the trailers new text begin vehicles new text end in the combination are connected to the new text begin full-size new text end pickup 38.15truck new text begin or recreational truck-tractor new text end and each other in conformity with section 169.82; and 38.16    (7) new text begin (6) new text end the combination is not operated within the seven-county metropolitan area, 38.17as defined in section 473.121, subdivision 2, during the hours of 6:00 a.m. to 9:00 a.m. 38.18and 4:00 p.m. to 7:00 p.m. on Mondays through Fridays. 38.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.20    Sec. 51. Minnesota Statutes 2006, section 169.823, subdivision 1, is amended to read: 38.21    Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles 38.22equipped with pneumatic tires shall be operated upon the highways of this state: 38.23    (1) where the gross weight on any wheel exceeds 9,000 pounds, except that on new text begin paved new text end 38.24 new text begin county state-aid highways, paved county roads, new text end designated local routes new text begin , new text end and state trunk 38.25highways the gross weight on any single wheel shall not exceed 10,000 pounds new text begin unless new text end 38.26 new text begin posted to a lesser weight under section 169.87, subdivision 1 new text end ; 38.27    (2) where the gross weight on any single axle exceeds 18,000 pounds, except that on 38.28 new text begin paved county state-aid highways, paved county roads, new text end designated local routes new text begin , new text end and state 38.29trunk highways the gross weight on any single axle shall not exceed 20,000 pounds new text begin unless new text end 38.30 new text begin posted to a lesser weight under section 169.87, subdivision 1 new text end ; 38.31    (3) where the maximum wheel load: 38.32    (i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire 38.33width or the manufacturer's recommended load, whichever is less; or 38.34    (ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's 38.35recommended load, whichever is less. This item applies to new vehicles manufactured 39.1after August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum 39.2weight per inch of tire width is 600 pounds per inch or the manufacturer's recommended 39.3load, whichever is less, until August 1, 1996. After July 31, 1996, this item applies to all 39.4vehicles regardless of date of manufacture; 39.5    (4) where the gross weight on any axle of a tridem exceeds 15,000 pounds, except 39.6that for vehicles to which an additional axle has been added prior to June 1, 1981, the 39.7maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the 39.8gross weight of the tridem combination does not exceed 39,900 pounds where the first 39.9and third axles of the tridem are spaced nine feet apart; 39.10    (5) where the gross weight on any group of axles exceeds the weights permitted 39.11under sections 169.822 to 169.829 with any or all of the interior axles disregarded, and 39.12with an exterior axle disregarded if the exterior axle is a variable load axle that is not 39.13carrying its intended weight, and their gross weights subtracted from the gross weight of 39.14all axles of the group under consideration. 39.15    Sec. 52. Minnesota Statutes 2006, section 169.824, subdivision 2, is amended to read: 39.16    Subd. 2. Gross vehicle weight of all axles. (a) Notwithstanding the provisions 39.17of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of 39.18vehicles shall new text begin must new text end not exceed: 39.19    (1) 80,000 pounds for any vehicle or combination of vehicles on all state new text begin (i) new text end trunk 39.20highways as defined in section 160.02, subdivision 29, and for all new text begin (ii) new text end routes designated 39.21under section 169.832, subdivision 11 new text begin , and (iii) paved nine-ton routes new text end ; 39.22    (2) 88,000 pounds for any vehicle or combination of vehicles with six or more 39.23axles while exclusively engaged in hauling livestock on all state trunk highways other 39.24than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5, 39.25paragraph (k); new text begin and new text end 39.26    (3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less 39.27on all routes, other than state trunk highways and routes that are designated under section 39.28169.832, subdivision 11, except that a vehicle needing reasonable access to a terminal or 39.29facilities for food, fuel, repairs, and rest, located within three miles of a ten-ton route, may 39.30not exceed 80,000 pounds. "Terminal" means any location where freight either originates, 39.31terminates, or is handled in the transportation process, or where commercial motor carriers 39.32maintain operating facilities; and new text begin routes identified in clause (1). new text end 39.33    (4) 80,000 pounds for any vehicle or combination of vehicles with six or more 39.34axles on all routes, other than state trunk highways and routes that are designated under 39.35section 169.832, subdivision 11. 40.1    (b) The maximum weights specified in this section for five consecutive axles shall 40.2not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle 40.3prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of 40.4vehicles excepted by this clause shall not exceed any maximum weight specified for 40.5four or fewer consecutive axles in this section new text begin Notwithstanding the maximum weight new text end 40.6 new text begin provisions of this section and section 169.85, and in order to promote the reduction of new text end 40.7 new text begin fuel use and emissions because of engine idling, the maximum gross vehicle weight new text end 40.8 new text begin limits and the axle weight limits for any motor vehicle subject to sections 169.80 to new text end 40.9 new text begin 169.88 and equipped with idle reduction technology must be increased by the amount of new text end 40.10 new text begin weight necessary to compensate for the weight of the idle reduction technology, not to new text end 40.11 new text begin exceed 400 pounds. At the request of an authorized representative of the Department of new text end 40.12 new text begin Transportation or the Department of Public Safety, the vehicle operator shall provide proof new text end 40.13 new text begin that the vehicle is equipped with this technology through documentation or demonstration new text end . 40.14    Sec. 53. Minnesota Statutes 2006, section 169.8261, is amended to read: 40.15169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS. 40.16    (a) A vehicle or combination of vehicles hauling raw or unfinished forest products, 40.17including wood chips, new text begin paper, pulp, oriented strand board, laminated strand lumber, new text end 40.18 new text begin hardboard, treated lumber, untreated lumber, or barrel staves, new text end by the most direct route to the 40.19nearest highway that has been designated under section 169.832, subdivision 11, may be 40.20operated on any highway with gross weights permitted under sections 169.822 to 169.829 40.21without regard to load restrictions imposed on that highway, except that the vehicles must: 40.22    (1) comply with seasonal load restrictions in effect between the dates set by the 40.23commissioner under section 169.87, subdivision 2; 40.24    (2) comply with bridge load limits posted under section 169.84; 40.25    (3) be equipped and operated with six axles and brakes new text begin on all wheels new text end ; 40.26    (4) not exceed 90,000 pounds gross weight, or 98,000 new text begin 99,000 new text end pounds gross weight 40.27during the time when seasonal increases are authorized under section 169.826; 40.28    (5) not be operated on interstate and defense highways; 40.29    (6) obtain an annual permit from the commissioner of transportation; 40.30    (7) obey all road postings; and 40.31    (8) not exceed 20,000 pounds gross weight on any single axle. 40.32    (b) A vehicle operated under this section may exceed the legal axle weight limits 40.33listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may 40.34be exceeded by not more than 22.5 percent during the time when seasonal increases are 40.35authorized under section 169.826, subdivision 1. 41.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.2    Sec. 54. Minnesota Statutes 2006, section 169.829, subdivision 2, is amended to read: 41.3    Subd. 2. Tow truck. Sections 169.822 to 169.828 do not apply to a tow truck or 41.4towing vehicle when towing a disabled new text begin or damaged new text end vehicle damaged in such manner that 41.5the towed vehicle cannot be towed from the rear and new text begin , new text end when the movement is temporary 41.6 new text begin urgent, and when the movement is new text end for the purpose of taking new text begin removing new text end the disabled vehicle 41.7 new text begin from the roadway new text end to a place new text begin of safekeeping or to a place new text end of repair. 41.8    Sec. 55. Minnesota Statutes 2006, section 169.86, subdivision 5, is amended to read: 41.9    Subd. 5. Fee; proceeds deposited; appropriation. The commissioner, with respect 41.10to highways under the commissioner's jurisdiction, may charge a fee for each permit 41.11issued. All such fees for permits issued by the commissioner of transportation shall be 41.12deposited in the state treasury and credited to the trunk highway fund. Except for those 41.13annual permits for which the permit fees are specified elsewhere in this chapter, the fees 41.14shall be: 41.15    (a) $15 for each single trip permit. 41.16    (b) $36 for each job permit. A job permit may be issued for like loads carried on 41.17a specific route for a period not to exceed two months. "Like loads" means loads of the 41.18same product, weight, and dimension. 41.19    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive 41.20months. Annual permits may be issued for: 41.21    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety 41.22or well-being of the public; 41.23    (2) motor vehicles which travel on interstate highways and carry loads authorized 41.24under subdivision 1a; 41.25    (3) motor vehicles operating with gross weights authorized under section 169.826, 41.26subdivision 1a ; 41.27    (4) special pulpwood vehicles described in section 169.863; 41.28    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width; and 41.29    (6) noncommercial transportation of a boat by the owner or user of the boat. new text begin ; and new text end 41.30     new text begin (7) motor vehicles carrying bales of agricultural products authorized under section new text end 41.31 new text begin 169.862. new text end 41.32    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12 41.33consecutive months. Annual permits may be issued for: 41.34    (1) mobile cranes; 42.1    (2) construction equipment, machinery, and supplies; 42.2    (3) manufactured homes and manufactured storage buildings; 42.3    (4) implements of husbandry when the movement is not made according to the 42.4provisions of paragraph (i); 42.5    (5) double-deck buses; 42.6    (6) commercial boat hauling; and 42.7    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers 42.8for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, 42.9the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer 42.10only while operating on twin-trailer routes designated under section 169.81, subdivision 3, 42.11paragraph (c). 42.12    (e) For vehicles which have axle weights exceeding the weight limitations of 42.13sections 169.822 to 169.829, an additional cost added to the fees listed above. However, 42.14this paragraph applies to any vehicle described in section 168.013, subdivision 3, 42.15paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in 42.16that paragraph, and then the additional cost is for all weight, including the allowance 42.17weight, in excess of the permitted maximum axle weight. The additional cost is equal 42.18to the product of the distance traveled times the sum of the overweight axle group cost 42.19factors shown in the following chart: 42.20Overweight Axle Group Cost Factors 42.21 42.22 Weight (pounds) Cost Per Mile For Each Group Of: 42.23 42.24 42.25 42.26 42.27 42.28 42.29 exceeding weight limitations on axles Two consecutive axles spaced within 8 feet or less Three consecutive axles spaced within 9 feet or less Four consecutive axles spaced within 14 feet or less 42.30 0-2,000 .12 .05 .04 42.31 2,001-4,000 .14 .06 .05 42.32 4,001-6,000 .18 .07 .06 42.33 6,001-8,000 .21 .09 .07 42.34 8,001-10,000 .26 .10 .08 43.1 10,001-12,000 .30 .12 .09 43.2 43.3 12,001-14,000 Not permitted .14 .11 43.4 43.5 14,001-16,000 Not permitted .17 .12 43.6 43.7 16,001-18,000 Not permitted .19 .15 43.8 43.9 18,001-20,000 Not permitted Not permitted .16 43.10 43.11 20,001-22,000 Not permitted Not permitted .20 43.12The amounts added are rounded to the nearest cent for each axle or axle group. The 43.13additional cost does not apply to paragraph (c), clauses (1) and (3). 43.14For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile 43.15fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed 43.16in addition to the normal permit fee. Miles must be calculated based on the distance 43.17already traveled in the state plus the distance from the point of detection to a transportation 43.18loading site or unloading site within the state or to the point of exit from the state. 43.19    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight, 43.20or oversize and overweight, construction equipment, machinery, and supplies. The fees 43.21for the permit are as follows: 43.22 Gross Weight (pounds) of Vehicle Annual Permit Fee 43.23 90,000 or less $200 43.24 90,001 - 100,000 $300 43.25 100,001 - 110,000 $400 43.26 110,001 - 120,000 $500 43.27 120,001 - 130,000 $600 43.28 130,001 - 140,000 $700 43.29 140,001 - 145,000 $800 43.30If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined 43.31under paragraph (e). 44.1    (g) For vehicles which exceed the width limitations set forth in section 169.80 by 44.2more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) 44.3when the permit is issued while seasonal load restrictions pursuant to section 169.87 are 44.4in effect. 44.5    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for 44.6refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on 44.7a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, 44.8subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 44.9pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 44.10pounds. 44.11    (i) For vehicles exclusively transporting implements of husbandry, an annual permit 44.12fee of $24. A vehicle operated under a permit authorized by this paragraph may be moved 44.13at the discretion of the permit holder without prior route approval by the commissioner if: 44.14    (1) the total width of the transporting vehicle, including load, does not exceed 14 feet; 44.15    (2) the vehicle is operated only between sunrise and 30 minutes after sunset, and is 44.16not operated at any time after 12:00 noon on Sundays or holidays; 44.17    (3) the vehicle is not operated when visibility is impaired by weather, fog, or other 44.18conditions that render persons and other vehicles not clearly visible at 500 feet; 44.19    (4) the vehicle displays at the front and rear of the load or vehicle a pair of flashing 44.20amber lights, as provided in section 169.59, subdivision 4, whenever the overall width of 44.21the vehicle exceeds 126 inches; and 44.22    (5) the vehicle is not operated on a trunk highway with a surfaced roadway width of 44.23less than 24 feet unless such operation is authorized by the permit. 44.24A permit under this paragraph authorizes movements of the permitted vehicle on an 44.25interstate highway, and movements of 75 miles or more on other highways. 44.26    (j) $300 for a motor vehicle described in section 169.8261. The fee under this 44.27paragraph must be deposited as follows: 44.28    (1) in fiscal years 2005 through 2010: 44.29    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund 44.30for costs related to administering the permit program and inspecting and posting bridges; 44.31    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection 44.32and signing account in the special revenue fund. Money in the account is appropriated 44.33to the commissioner for: 44.34    (A) inspection of local bridges and identification of local bridges to be posted, 44.35including contracting with a consultant for some or all of these functions; and 44.36    (B) erection of weight-posting signs on local bridges; and 45.1    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway 45.2fund. 45.3    (k) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating 45.4under authority of section 169.824, subdivision 2, paragraph (a), clause (2). 45.5    Sec. 56. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision 45.6to read: 45.7     new text begin Subd. 8. new text end new text begin Tow truck. new text end new text begin A tow truck or towing vehicle, when towing a disabled or new text end 45.8 new text begin damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length new text end 45.9 new text begin and weight limitations of this chapter, subject to a $300 annual permit fee and other new text end 45.10 new text begin conditions the commissioner may prescribe. new text end 45.11    Sec. 57. Minnesota Statutes 2006, section 169.862, is amended to read: 45.12169.862 PERMIT FOR WIDE LOAD OF BALED AGRICULTURAL 45.13PRODUCT. 45.14    Subdivision 1. Annual permit authority; restrictions. (a) The commissioner of 45.15transportation with respect to highways under the commissioner's jurisdiction, and local 45.16authorities with respect to highways under their jurisdiction, may issue an annual permit 45.17to enable a vehicle carrying round bales of hay, straw, or cornstalks, with a total outside 45.18width of the vehicle or the load not exceeding 11-1/2 new text begin 12 new text end feet, new text begin and a total height of the new text end 45.19 new text begin loaded vehicle not exceeding 14-1/2 feet, new text end to be operated on public streets and highways. 45.20    (b) The commissioner of transportation and local authorities may issue an annual 45.21permit to enable a vehicle, having a maximum width of 102 inches, carrying a first haul 45.22of square bales of straw, each bale having a minimum size of four feet by four feet by 45.23eight feet, with a total outside width of the load not exceeding 12 feet, to be operated on 45.24public streets and highways between August 1 and March 1 within 35 miles of the border 45.25between this state and the state of North Dakota. 45.26    (c) The commissioner of transportation and local authorities may issue an annual 45.27permit to enable a vehicle carrying square bales of hay, each with an outside dimension of 45.28not less than three feet by four feet by seven feet, with a total height of the loaded vehicle 45.29not exceeding 15 feet, to be operated on those public streets and highways designated 45.30in the permit. 45.31    Subd. 2. Additional restrictions. Permits issued under this section are governed by 45.32the applicable provisions of section 169.86 except as otherwise provided herein and, in 45.33addition, carry the following restrictions: 46.1    (a) The vehicles may not be operated between sunset and sunrise, when visibility is 46.2impaired by weather, fog, or other conditions rendering persons and vehicles not clearly 46.3visible at a distance of 500 feet, or on Sunday from noon until sunset, or on the days the 46.4following holidays are observed: New Year's Day, Memorial Day, Independence Day, 46.5Labor Day, Thanksgiving Day, and Christmas Day. 46.6    (b) The vehicles may not be operated on interstate highways. 46.7    (c) The vehicles may not be operated on a trunk highway with a pavement less 46.8than 24 feet wide. 46.9    (d) A vehicle operated under the permit must be equipped with a retractable or 46.10removable mirror on the left side so located that it will reflect to the driver a clear view of 46.11the highway for a distance of at least 200 feet to the rear of the vehicle. 46.12    (e) A vehicle operated under the permit must display red, orange, or yellow flags, 18 46.13inches square, as markers at the front and rear and on both sides of the load. The load 46.14must be securely bound to the transporting vehicle. 46.15    (f) Farm vehicles not for hire carrying round baled hay less than 20 miles are exempt 46.16from the requirement to obtain a permit. All other requirements of this section apply 46.17to vehicles transporting round baled hay. 46.18    The fee for the permit is $24. 46.19    Sec. 58. Minnesota Statutes 2006, section 169.864, subdivision 1, is amended to read: 46.20    Subdivision 1. Special three-unit vehicle permit. The commissioner may issue a 46.21permit for a vehicle that meets the following requirements: 46.22    (1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing 46.23one additional semitrailer, which may be equipped with an auxiliary dolly, and no 46.24semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 46.25feet; 46.26    (2) has a maximum gross vehicle weight of 108,000 pounds; 46.27    (3) complies with the axle weight limits in section 169.824 or with the federal bridge 46.28formula for axle groups not described in that section; 46.29    (4) complies with the tire weight limits in section 169.823 or the tire manufacturers' 46.30recommended load, whichever is less; 46.31    (5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids 46.32and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its 46.33junction with Trunk Highway marked 53; new text begin on Trunk Highway marked 194 between Trunk new text end 46.34 new text begin Highway marked 2 and Trunk Highway marked 53; new text end and on Trunk Highway marked 53 46.35between Virginia and the port of Duluth; and 47.1    (6) the seasonal weight increases authorized under section 169.826, subdivision 1, 47.2do not apply. 47.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.4    Sec. 59. Minnesota Statutes 2006, section 169.864, subdivision 2, is amended to read: 47.5    Subd. 2. Special two-unit vehicle permit. The commissioner may issue a permit 47.6for a vehicle that meets the following requirements: 47.7    (1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer 47.8that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline 47.9of the rear axle group of the semitrailer does not exceed 43 feet; 47.10    (2) has a maximum gross vehicle weight of 90,000 pounds new text begin or 97,000 pounds if new text end 47.11 new text begin the truck has seven axles new text end ; 47.12    (3) has a maximum gross vehicle weight of 98,000 pounds during the time when 47.13seasonal weight increases authorized under section 169.826, subdivision 1, are in effect; 47.14    (4) complies with the axle weight limits in section 169.824 or with the federal bridge 47.15formula for axle groups not described in that section; 47.16    (5) complies with the tire weight limits in section 169.823 or the tire manufacturers' 47.17recommended load, whichever is less; and 47.18    (6) is operated only on the highways specified in subdivision 1, clause (5). 47.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.20    Sec. 60. new text begin [169.865] SPECIAL AGRICULTURAL PRODUCTS PERMITS. new text end 47.21     new text begin Subdivision 1. new text end new text begin Six-axle vehicles. new text end new text begin (a) A road authority may issue an annual permit new text end 47.22 new text begin authorizing a vehicle or combination of vehicles with a total of six axles to haul raw or new text end 47.23 new text begin unprocessed agricultural products and be operated with a gross vehicle weight of up to: new text end 47.24     new text begin (1) 90,000 pounds; and new text end 47.25     new text begin (2) 99,000 pounds during the period set by the commissioner under section 169.826, new text end 47.26 new text begin subdivision 1. new text end 47.27     new text begin (b) Notwithstanding subdivision 4, paragraph (a), clause (4), a vehicle or new text end 47.28 new text begin combination of vehicles operated under this subdivision and transporting only sealed new text end 47.29 new text begin intermodal containers may be operated on an interstate highway if allowed by the United new text end 47.30 new text begin States Department of Transportation. new text end 47.31     new text begin (c) The fee for a permit issued under this subdivision is $300. new text end 48.1     new text begin Subd. 2. new text end new text begin Seven-axle vehicles. new text end new text begin (a) A road authority may issue an annual permit new text end 48.2 new text begin authorizing a vehicle or combination of vehicles with a total of seven axles to haul raw or new text end 48.3 new text begin unprocessed agricultural products and be operated with a gross vehicle weight of up to: new text end 48.4     new text begin (1) 97,000 pounds; and new text end 48.5     new text begin (2) 99,000 pounds during the period set by the commissioner under section 169.826, new text end 48.6 new text begin subdivision 1. new text end 48.7     new text begin (b) Drivers of vehicles operating under this subdivision must comply with driver new text end 48.8 new text begin qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code new text end 48.9 new text begin of Federal Regulations, title 49, parts 40 and 382. new text end 48.10     new text begin (c) The fee for a permit issued under this subdivision is $500. new text end 48.11     new text begin Subd. 3. new text end new text begin Requirements; restrictions. new text end new text begin (a) A vehicle or combination of vehicles new text end 48.12 new text begin operating under this section: new text end 48.13     new text begin (1) is subject to axle weight limitations under section 169.824, subdivision 1; new text end 48.14     new text begin (2) is subject to seasonal load restrictions under section 169.87; new text end 48.15     new text begin (3) is subject to bridge load limits posted under section 169.84; new text end 48.16     new text begin (4) may only be operated on trunk highways other than interstate highways, and on new text end 48.17 new text begin local roads designated under section 169.832, subdivision 11; new text end 48.18     new text begin (5) may not be operated with loads that exceed the manufacturer's gross vehicle new text end 48.19 new text begin weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating new text end 48.20 new text begin complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7; new text end 48.21     new text begin (6) must be issued a permit from each road authority having jurisdiction over a road new text end 48.22 new text begin on which the vehicle is operated, if required; new text end 48.23     new text begin (7) must comply with the requirements of section 169.851, subdivision 4; and new text end 48.24     new text begin (8) must have brakes on all wheels. new text end 48.25     new text begin (b) The percentage allowances for exceeding gross weights if transporting unfinished new text end 48.26 new text begin forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of new text end 48.27 new text begin unprocessed or raw farm products or unfinished forest products under section 168.013, new text end 48.28 new text begin subdivision 3, paragraph (d), clause (3), do not apply to a vehicle or combination of new text end 48.29 new text begin vehicles operated under this section. new text end 48.30     new text begin Subd. 4. new text end new text begin Deposit of revenues; appropriation. new text end new text begin (a) Revenue from the permits issued new text end 48.31 new text begin under this section must be deposited: new text end 48.32     new text begin (1) in fiscal years 2008 through 2011, in the bridge inspection and signing account new text end 48.33 new text begin in the special revenue fund; and new text end 48.34     new text begin (2) in fiscal year 2012 and subsequent years, in the trunk highway fund. new text end 48.35     new text begin (b) The revenue in the bridge inspection and signing account under this section is new text end 48.36 new text begin annually appropriated to the commissioner for: new text end 49.1     new text begin (1) inspection of local bridges and identification of local bridges to be posted, new text end 49.2 new text begin including contracting with a consultant for some or all of these functions; and new text end 49.3     new text begin (2) erection of weight posting signs on local bridges. new text end 49.4    Sec. 61. Minnesota Statutes 2006, section 171.01, is amended by adding a subdivision 49.5to read: 49.6     new text begin Subd. 49a. new text end new text begin Valid license; valid driver's license. new text end new text begin "Valid license," "valid driver's new text end 49.7 new text begin license," "valid Minnesota driver's license," "valid standard driver's license," or other new text end 49.8 new text begin similar term, means any operator's license, provisional license, temporary license, limited new text end 49.9 new text begin license, permit, or other license to operate a motor vehicle issued or issuable under the laws new text end 49.10 new text begin of this state by the commissioner, or by another state or jurisdiction if specified, that is: new text end 49.11     new text begin (1) not expired, suspended, revoked, or canceled; and new text end 49.12     new text begin (2) not disqualified for the class of vehicle being operated. new text end 49.13    Sec. 62. Minnesota Statutes 2006, section 171.02, subdivision 1, is amended to read: 49.14    Subdivision 1. License required; duplicate identification restricted. new text begin (a) new text end Except 49.15when expressly exempted, a person shall not drive a motor vehicle upon a street or 49.16highway in this state unless the person has a license valid new text begin license new text end under this chapter for 49.17the type or class of vehicle being driven. 49.18     new text begin (b) new text end The department shall not issue a driver's license to a person unless and until the 49.19person's license from any jurisdiction has been invalidated. The department shall provide 49.20to the issuing department of any jurisdiction, information that the licensee is now licensed 49.21in Minnesota. A person is not permitted to have more than one valid driver's license 49.22at any time. The department shall not issue to a person to whom a current Minnesota 49.23identification card has been issued a driver's license, other than a limited license, unless 49.24the person's Minnesota identification card has been invalidated. This subdivision does 49.25not require invalidation of a tribal identification card as a condition of receiving a driver's 49.26license. 49.27    Sec. 63. Minnesota Statutes 2006, section 171.06, subdivision 3, is amended to read: 49.28    Subd. 3. Contents of application; other information. (a) An application must: 49.29    (1) state the full name, date of birth, sex, and new text begin either (i) the new text end residence address of the 49.30applicant new text begin , or (ii) the designated address under section 5B.05 new text end ; 49.31    (2) as may be required by the commissioner, contain a description of the applicant 49.32and any other facts pertaining to the applicant, the applicant's driving privileges, and the 49.33applicant's ability to operate a motor vehicle with safety; 50.1    (3) state: 50.2    (i) the applicant's Social Security number; or 50.3    (ii) if the applicant does not have a social security number and is applying for a 50.4Minnesota identification card, instruction permit, or class D provisional or driver's license, 50.5that the applicant certifies that the applicant does not have a Social Security number; 50.6    (4) contain a space where the applicant may indicate a desire to make an anatomical 50.7gift according to paragraph (b); and 50.8    (5) contain a notification to the applicant of the availability of a living will/health 50.9care directive designation on the license under section 171.07, subdivision 7. 50.10    (b) If the applicant does not indicate a desire to make an anatomical gift when 50.11the application is made, the applicant must be offered a donor document in accordance 50.12with section 171.07, subdivision 5. The application must contain statements sufficient 50.13to comply with the requirements of the Uniform Anatomical Gift Act (1987), sections 50.14525.921 to 525.9224, so that execution of the application or donor document will make 50.15the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 50.16desire to make an anatomical gift. The application must be accompanied by information 50.17describing Minnesota laws regarding anatomical gifts and the need for and benefits of 50.18anatomical gifts, and the legal implications of making an anatomical gift, including the 50.19law governing revocation of anatomical gifts. The commissioner shall distribute a notice 50.20that must accompany all applications for and renewals of a driver's license or Minnesota 50.21identification card. The notice must be prepared in conjunction with a Minnesota organ 50.22procurement organization that is certified by the federal Department of Health and Human 50.23Services and must include: 50.24    (1) a statement that provides a fair and reasonable description of the organ donation 50.25process, the care of the donor body after death, and the importance of informing family 50.26members of the donation decision; and 50.27    (2) a telephone number in a certified Minnesota organ procurement organization that 50.28may be called with respect to questions regarding anatomical gifts. 50.29    (c) The application must be accompanied also by information containing relevant 50.30facts relating to: 50.31    (1) the effect of alcohol on driving ability; 50.32    (2) the effect of mixing alcohol with drugs; 50.33    (3) the laws of Minnesota relating to operation of a motor vehicle while under the 50.34influence of alcohol or a controlled substance; and 50.35    (4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 50.36for alcohol-related violations. 51.1    Sec. 64. Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read: 51.2    Subdivision 1. License; contents. (a) Upon the payment of the required fee, the 51.3department shall issue to every qualifying applicant a license designating the type or class 51.4of vehicles the applicant is authorized to drive as applied for. This license must bear a 51.5distinguishing number assigned to the licensee; the licensee's full name, new text begin and new text end date of birth, 51.6and new text begin ; either (1) the licensee's new text end residence address new text begin , or (2) the designated address under section new text end 51.7 new text begin 5B.05; the license class, endorsements, and restrictions imposed, if any new text end ; a description of 51.8the licensee in a manner as the commissioner deems necessary; and the usual signature of 51.9the licensee. No license is valid unless it bears the usual signature of the licensee. Every 51.10license must bear a colored photograph or an electronically produced image of the licensee. 51.11    (b) If the United States Postal Service will not deliver mail to the applicant's 51.12residence address as listed on the license, then the applicant shall provide verification from 51.13the United States Postal Service that mail will not be delivered to the applicant's residence 51.14address and that mail will be delivered to a specified alternate mailing address. When an 51.15applicant provides an alternate mailing address under this subdivision, the commissioner 51.16shall use the alternate mailing address in lieu of the applicant's residence address for 51.17all notices and mailings to the applicant. 51.18    (c) Every license issued to an applicant under the age of 21 must be of a 51.19distinguishing color and plainly marked "Under-21." 51.20    (d) The department shall use processes in issuing a license that prohibit, as nearly as 51.21possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 51.22photograph or electronically produced image on a license, without ready detection. 51.23    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 51.24requested by the applicant. 51.25    Sec. 65. Minnesota Statutes 2006, section 171.07, subdivision 3, is amended to read: 51.26    Subd. 3. Identification card; fee. (a) Upon payment of the required fee, the 51.27department shall issue to every qualifying applicant a Minnesota identification card. The 51.28department may not issue a Minnesota identification card to an individual who has a 51.29driver's license, other than a limited license. The card must bear a distinguishing number 51.30assigned to the applicant; a colored photograph or an electronically produced image of 51.31the applicant; the applicant's full name, new text begin and new text end date of birth, and new text begin ; either (1) the licensee's new text end 51.32residence address new text begin , or (2) the designated address under section 5B.05 new text end ; a description of the 51.33applicant in the manner as the commissioner deems necessary; and the usual signature of 51.34the applicant. 52.1    (b) If the United States Postal Service will not deliver mail to the applicant's 52.2residence address as listed on the Minnesota identification card, then the applicant shall 52.3provide verification from the United States Postal Service that mail will not be delivered 52.4to the applicant's residence address and that mail will be delivered to a specified alternate 52.5mailing address. When an applicant provides an alternate mailing address under this 52.6subdivision, the commissioner shall use the alternate mailing address in lieu of the 52.7applicant's residence address for all notices and mailings to the applicant. 52.8    (c) Each identification card issued to an applicant under the age of 21 must be of a 52.9distinguishing color and plainly marked "Under-21." 52.10    (d) Each Minnesota identification card must be plainly marked "Minnesota 52.11identification card - not a driver's license." 52.12    (e) The fee for a Minnesota identification card is 50 cents when issued to a person 52.13who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 52.14physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 52.15mental illness, as described in section 245.462, subdivision 20, paragraph (c). 52.16    Sec. 66. Minnesota Statutes 2006, section 171.14, is amended to read: 52.17171.14 CANCELLATION. 52.18     new text begin (a) new text end The commissioner shall have authority to new text begin may new text end cancel any driver's license upon 52.19determination that new text begin (1) new text end the licensee was not entitled to the issuance thereof hereunder, or 52.20that new text begin of the license, (2) new text end the licensee failed to give the required or correct information in 52.21the application, or new text begin (3) the licensee new text end committed any fraud or deceit in making such new text begin the new text end 52.22application. The commissioner may also cancel the driver's license of any new text begin , or (4) the new text end 52.23person who, at the time of the cancellation, would not have been entitled to receive a 52.24license under the provisions of section 171.04. 52.25     new text begin (b) The commissioner shall cancel the driver's license of a person described in new text end 52.26 new text begin paragraph (a), clause (3), for 60 days or until the required or correct information has new text end 52.27 new text begin been provided, whichever is longer. new text end 52.28    Sec. 67. Minnesota Statutes 2006, section 174.01, subdivision 2, is amended to read: 52.29    Subd. 2. Transportation goals. The goals of the state transportation system are 52.30as follows: 52.31    (1) to provide safe transportation for users throughout the state; 52.32    (2) to provide multimodal and intermodal transportation that enhances mobility and 52.33economic development and provides access to all persons and businesses in Minnesota 52.34while ensuring that there is no undue burden placed on any community; 53.1    (3) to provide a reasonable travel time for commuters; 53.2    (4) to provide for the economical, efficient, and safe movement of goods to and from 53.3markets by rail, highway, and waterway; 53.4    (5) to encourage tourism by providing appropriate transportation to Minnesota 53.5facilities designed to attract tourists; 53.6    (6) to provide transit services throughout the state to meet the needs of transit users; 53.7    (7) to promote productivity through system management and the utilization of 53.8technological advancements; 53.9    (8) to maximize the new text begin long-term new text end benefits received for each state transportation 53.10investment; 53.11    (9) to provide funding for transportation that, at a minimum, preserves the 53.12transportation infrastructure; 53.13    (10) to ensure that the planning and implementation of all modes of transportation 53.14are consistent with the environmental and energy goals of the state; 53.15    (11) to new text begin promote and new text end increase new text begin the use of new text end high-occupancy vehicle use new text begin vehicles and new text end 53.16 new text begin low-emission vehicles new text end ; 53.17    (12) to provide an air transportation system sufficient to encourage economic growth 53.18and allow all regions of the state the ability to participate in the global economy; 53.19    (13) to increase transit use in the urban areas new text begin statewide new text end by giving highest priority to 53.20the transportation modes with the greatest people new text begin - new text end moving capacity new text begin and lowest long-term new text end 53.21 new text begin economic and environmental cost new text end ; and 53.22    (14) to promote and increase bicycling as an energy-efficient, nonpolluting, and 53.23healthful new text begin form of new text end transportation alternative. new text begin ; new text end 53.24     new text begin (15) to reduce greenhouse gas emissions from the state's transportation sector; and new text end 53.25     new text begin (16) accomplish these goals with minimal impact on the environment. new text end 53.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 53.27    Sec. 68. Minnesota Statutes 2006, section 174.02, subdivision 1a, is amended to read: 53.28    Subd. 1a. Mission; efficiency; legislative report, recommendations. It is part 53.29of the department's mission that within the department's resources the commissioner 53.30shall endeavor to: 53.31    (1) prevent the waste or unnecessary spending of public money; 53.32    (2) use innovative fiscal and human resource practices to manage the state's 53.33resources and operate the department as efficiently as possible; 53.34    (3) new text begin minimize the degradation of air and water quality; new text end 54.1     new text begin (4) new text end coordinate the department's activities wherever appropriate with the activities 54.2of other governmental agencies; 54.3    (4) new text begin (5) new text end use technology where appropriate to increase agency productivity, improve 54.4customer service, increase public access to information about government, and increase 54.5public participation in the business of government; 54.6    (5) new text begin (6) new text end utilize constructive and cooperative labor-management practices to the extent 54.7otherwise required by chapters 43A and 179A; 54.8    (6) new text begin (7) new text end report to the legislature on the performance of agency operations and the 54.9accomplishment of agency goals in the agency's biennial budget according to section 54.1016A.10, subdivision 1 ; and 54.11    (7) new text begin (8) new text end recommend to the legislature appropriate changes in law necessary to carry 54.12out the mission and improve the performance of the department. 54.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 54.14    Sec. 69. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read: 54.15    Subdivision 1. Statewide transportation plan; priorities; schedule of 54.16expenditures. In order to best meet the present and future transportation needs of the 54.17public, to insure a strong state economy, to make most efficient use of public and private 54.18funds, new text begin to lessen adverse environmental impacts of the transportation sector, new text end and to 54.19promote the more efficient use of energy and other resources for transportation purposes, 54.20the commissioner shall: 54.21    (1) three months after notification that the department is ready to commence 54.22operations and prior to the drafting of the statewide transportation plan, hold public 54.23hearings as may be appropriate solely for the purpose of receiving suggestions for future 54.24transportation alternatives and priorities for the state. The Metropolitan Council, regional 54.25development commissions, and port authorities shall appear at the hearings and submit 54.26information concerning transportation-related planning undertaken and accomplished by 54.27these agencies. Other political subdivisions may appear and submit such information at 54.28the hearings. These hearings shall be completed no later than six months from the date of 54.29the commissioner's notification; 54.30    (2) develop, adopt, revise, and monitor a statewide transportation plan, taking 54.31into account the suggestions and information submitted at the public hearings held 54.32pursuant to clause (1). The plan shall incorporate all modes of transportation new text begin including new text end 54.33 new text begin bicycle commutation and recreation new text end and provide for the interconnection and coordination 54.34of different modes of transportation. The commissioner shall evaluate alternative new text begin all new text end 54.35transportation programs and facilities proposed for inclusion in the plan in terms of 55.1economic costs and benefits, safety aspects, impact on present and planned land uses, 55.2environmental effects, energy efficiency, national transportation policies and priorities, 55.3and availability of federal and other financial assistance; 55.4    (3) based upon the statewide transportation plan, develop statewide transportation 55.5priorities and schedule authorized public capital improvements and other authorized 55.6public transportation expenditures pursuant to the priorities; 55.7    (4) complete the plan and priorities required by this subdivision no later than July 55.81, 1978. Upon completion of the plan and priorities, the commissioner shall prepare 55.9and periodically revise, as necessary, the schedule of authorized public transportation 55.10expenditures. The plan, priorities, and schedule are exempt from the provisions of the 55.11Administrative Procedure Act. 55.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.13    Sec. 70. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision 55.14to read: 55.15     new text begin Subd. 10. new text end new text begin Highway construction training. new text end new text begin (a) The commissioner of transportation new text end 55.16 new text begin shall utilize the maximum feasible amount of all federal funds available to this state new text end 55.17 new text begin under United States Code, title 23, section 140, paragraph (b), to develop, conduct, and new text end 55.18 new text begin administer highway construction training, including skill improvement programs. new text end 55.19     new text begin (b) The commissioner of transportation must report by February 1 of each new text end 55.20 new text begin odd-numbered year to the house of representatives and senate committees having new text end 55.21 new text begin jurisdiction over transportation policy and finance concerning the commissioner's new text end 55.22 new text begin compliance with paragraph (a). The report must, with respect to each of the two previous new text end 55.23 new text begin calendar years: new text end 55.24     new text begin (1) describe the highway construction training and skill improvement programs the new text end 55.25 new text begin commissioner has conducted and administered; new text end 55.26     new text begin (2) analyze the results of the commissioner's training programs; new text end 55.27     new text begin (3) state the amount of federal funds available to this state under United States Code, new text end 55.28 new text begin title 23, section 140, paragraph (b); and new text end 55.29     new text begin (4) identify the amount spent by the commissioner in conducting and administering new text end 55.30 new text begin the programs. new text end 55.31    Sec. 71. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision 55.32to read: 55.33     new text begin Subd. 11. new text end new text begin Disadvantaged business enterprise program. new text end new text begin (a) The commissioner new text end 55.34 new text begin shall include in each contract that is funded at least in part by federal funds, a sanction new text end 56.1 new text begin for each contractor who does not meet the established project disadvantaged business new text end 56.2 new text begin enterprise goal or demonstrate good faith effort to meet the goal. new text end 56.3     new text begin (b) The commissioner of transportation shall report by February 1 of each new text end 56.4 new text begin odd-numbered year to the house of representatives and senate committees having new text end 56.5 new text begin jurisdiction over transportation policy and finance concerning the commissioner's new text end 56.6 new text begin disadvantaged business enterprise program. The report must, with respect to each of new text end 56.7 new text begin the two previous calendar years: new text end 56.8     new text begin (1) state the department's annual overall goal, compared with the percentage attained; new text end 56.9     new text begin (2) explain the methodology, applicable facts, and public participation used to new text end 56.10 new text begin establish the overall goal; new text end 56.11     new text begin (3) describe good faith efforts to meet the goal, if the goal was not attained; new text end 56.12     new text begin (4) describe actions to address overconcentration of disadvantaged business new text end 56.13 new text begin enterprises in certain types of work; new text end 56.14     new text begin (5) state the number of contracts that included disadvantaged business enterprise new text end 56.15 new text begin goals, the number of contractors that met established disadvantaged business enterprise new text end 56.16 new text begin goals, and sanctions imposed for lack of good faith effort; and new text end 56.17     new text begin (6) describe contracts with no disadvantaged business enterprise goals, and, of new text end 56.18 new text begin those, state number of contracts and amount of each contract with targeted groups under new text end 56.19 new text begin section 16C.16. new text end 56.20    Sec. 72. new text begin [174.185] PAVEMENT LIFE-CYCLE COST ANALYSIS. new text end 56.21     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section, the following new text end 56.22 new text begin definitions apply. new text end 56.23     new text begin (a) "Life-cycle cost" is the sum of the cost of the initial pavement project and new text end 56.24 new text begin all anticipated costs for maintenance, repair, and resurfacing over the life of the new text end 56.25 new text begin pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected new text end 56.26 new text begin maintenance, repair, and resurfacing schedules, and costs determined by the Department new text end 56.27 new text begin of Transportation district personnel based upon recently awarded local projects and new text end 56.28 new text begin experience with local material costs. new text end 56.29     new text begin (b) "Life-cycle cost analysis" is a comparison of life-cycle costs among competing new text end 56.30 new text begin paving materials using equal design lives and equal comparison periods. new text end 56.31     new text begin Subd. 2. new text end new text begin Required analysis. new text end new text begin For each project in the reconditioning, resurfacing, new text end 56.32 new text begin and road repair funding categories, the commissioner shall perform a life-cycle cost new text end 56.33 new text begin analysis and shall document the lowest life-cycle costs and all alternatives considered. new text end 56.34 new text begin The commissioner shall document the chosen pavement strategy and, if the lowest life new text end 56.35 new text begin cycle is not selected, document the justification for the chosen strategy. A life-cycle cost new text end 57.1 new text begin analysis is required for projects to be constructed after July 1, 2011. For projects to be new text end 57.2 new text begin constructed prior to July 1, 2011, when feasible, the department will use its best efforts to new text end 57.3 new text begin perform life-cycle cost analyses. new text end 57.4     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The commissioner shall report annually to the chairs and ranking new text end 57.5 new text begin minority members of the senate and house of representatives committees with jurisdiction new text end 57.6 new text begin over transportation finance beginning on January 1, 2012, the results of the analyses new text end 57.7 new text begin required in subdivision 2. new text end 57.8    Sec. 73. Minnesota Statutes 2006, section 174.30, subdivision 4, is amended to read: 57.9    Subd. 4. Vehicle and equipment inspection new text begin , rules new text end ; decal new text begin ; complaint contact new text end 57.10 new text begin information new text end . (a) The commissioner shall inspect or provide for the inspection of 57.11vehicles at least annually. In addition to scheduled annual inspections and reinspections 57.12scheduled for the purpose of verifying that deficiencies have been corrected, unannounced 57.13inspections of any vehicle may be conducted. 57.14    (b) On determining that a vehicle or vehicle equipment is in a condition that is likely 57.15to cause an accident or breakdown, the commissioner shall require the vehicle to be taken 57.16out of service immediately. The commissioner shall require that vehicles and equipment 57.17not meeting standards be repaired and brought into conformance with the standards 57.18and shall require written evidence of compliance from the operator before allowing the 57.19operator to return the vehicle to service. 57.20    (c) The commissioner shall provide in the rules procedures for inspecting vehicles, 57.21removing unsafe vehicles from service, determining and requiring compliance, and 57.22reviewing driver qualifications. 57.23    (d) The commissioner shall design a distinctive decal to be issued to special 57.24transportation service providers with a current certificate of compliance under this section. 57.25A decal is valid for one year from the last day of the month in which it is issued. A person 57.26who is subject to the operating standards adopted under this section may not provide 57.27special transportation service in a vehicle that does not conspicuously display a decal 57.28issued by the commissioner. 57.29     new text begin (e) Special transportation service providers shall prominently display in each vehicle new text end 57.30 new text begin all contact information for the submission of complaints regarding the transportation new text end 57.31 new text begin services provided to that individual. All vehicles providing service under section new text end 57.32 new text begin 473.386 shall display contact information for the Metropolitan Council. All other special new text end 57.33 new text begin transportation service vehicles shall display contact information for the commissioner of new text end 57.34 new text begin transportation. new text end 57.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 58.1    Sec. 74. Minnesota Statutes 2006, section 174.30, subdivision 9, is amended to read: 58.2    Subd. 9. Complaint data; new text begin Complaints; report; data new text end classification. new text begin (a) The new text end 58.3 new text begin commissioner shall investigate all complaints over which the commissioner has new text end 58.4 new text begin jurisdiction regarding special transportation service providers regulated under this section. new text end 58.5     new text begin (b) By January 15, 2009, and in every subsequent odd-numbered year by January 15, new text end 58.6 new text begin the commissioner shall submit a report to the chairs and ranking minority members of the new text end 58.7 new text begin house of representatives and senate committees having jurisdiction over transportation new text end 58.8 new text begin policy and finance. The report must identify each complaint investigated by the new text end 58.9 new text begin commissioner under paragraph (a), including, but not limited to, any findings and steps new text end 58.10 new text begin taken for resolution of the complaint. new text end 58.11     new text begin (c) new text end When information is furnished to the Department of Transportation that alleges 58.12a violation of this section, an operating standard adopted under this section, or section 58.13174.315 , the following data are classified as confidential data or protected nonpublic data: 58.14    (1) names of complainants; 58.15    (2) complaint letters; and 58.16    (3) other unsolicited data when furnished by a person who is not the subject of the 58.17data and who is not a department employee. 58.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 58.19    Sec. 75. new text begin [174.56] REPORT ON MAJOR HIGHWAY PROJECTS. new text end 58.20     new text begin Subdivision 1. new text end new text begin Report required. new text end new text begin The commissioner of transportation shall submit a new text end 58.21 new text begin report on January 15, 2009, and on January 15 of each year thereafter, on the status of new text end 58.22 new text begin major highway projects under construction or planned during the year of the report and for new text end 58.23 new text begin the ensuing 15 years. For purposes of this section, a "major highway project" is a highway new text end 58.24 new text begin project that has a total cost for all segments that the commissioner estimates at the time of new text end 58.25 new text begin the report to be at least (1) $25,000,000 in the metropolitan highway construction district, new text end 58.26 new text begin or (2) $10,000,000 in any nonmetropolitan highway construction district. new text end 58.27     new text begin Subd. 2. new text end new text begin Report contents. new text end new text begin For each major highway project the report must include: new text end 58.28     new text begin (1) a description of the project sufficient to specify its scope and location; new text end 58.29     new text begin (2) a history of the project, including, but not limited to, previous official actions new text end 58.30 new text begin by the department or the appropriate area transportation partnership, or both, the date new text end 58.31 new text begin on which the project was first included in the state transportation improvement plan, new text end 58.32 new text begin the cost of the project at that time, the dates of environmental approval, the dates of new text end 58.33 new text begin municipal approval, the date of final geometric layout, and the date of establishment of new text end 58.34 new text begin any construction limits; new text end 59.1     new text begin (3) the project's priority listing or rank within its construction district, if any, as new text end 59.2 new text begin well as the reasons for that listing or rank, the criteria used in prioritization or rank, any new text end 59.3 new text begin changes in that prioritization or rank since the project was first included in a department new text end 59.4 new text begin work plan, and the reasons for those changes; and new text end 59.5     new text begin (4) past and potential future reasons for delay in letting or completing the project. new text end 59.6     new text begin Subd. 3. new text end new text begin Department resources. new text end new text begin The commissioner shall prepare and submit the new text end 59.7 new text begin report with existing department staff and resources. new text end 59.8    Sec. 76. Minnesota Statutes 2006, section 218.041, subdivision 6, is amended to read: 59.9    Subd. 6. Investigative powers. In the exercise of powers granted in this chapter, 59.10the commissioner may: 59.11    (1) subpoena books, papers, or accounts kept by any regulated business within or 59.12without the state, or compel production of verified copies; 59.13    (2) prepare all forms or blanks for obtaining information that the commissioner 59.14may deem necessary or useful for the proper exercise of the authority and duties of the 59.15commissioner in connection with regulated businesses, and prescribe the time and manner 59.16within which the blanks and forms must be completed and filed; 59.17    (3) inspect, at all reasonable times, and copy the books, records, memoranda, 59.18correspondence, or other documents and records of any business under the commissioner's 59.19jurisdiction; and 59.20    (4) examine, under oath, any officer, agent, or employee of a business under the 59.21commissioner's jurisdiction concerning any matter within the commissioner's jurisdiction new text begin ; new text end 59.22 new text begin and new text end 59.23     new text begin (5) assess common carriers, administer the state rail safety inspection account, and new text end 59.24 new text begin perform other duties on behalf of the state rail safety inspector under section 219.015 new text end . 59.25    Sec. 77. new text begin [219.015] STATE RAIL SAFETY INSPECTOR. new text end 59.26     new text begin (a) The commissioner of transportation shall establish a position of state rail safety new text end 59.27 new text begin inspector in the Office of Freight and Commercial Vehicle Operations of the Minnesota new text end 59.28 new text begin Department of Transportation. The commissioner shall apply to the Federal Railroad new text end 59.29 new text begin Administration (FRA) of the United States Department of Transportation to participate new text end 59.30 new text begin in the Federal State Rail Safety Partnership Program for training and certification of new text end 59.31 new text begin an inspector under authority of United States Code, title 49, sections 20103, 20105, new text end 59.32 new text begin 20106, and 20113, and Code of Federal Regulations, title 49, part 212. The state rail new text end 59.33 new text begin safety inspector shall inspect mainline track, secondary track, and yard and industry track; new text end 59.34 new text begin inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges, new text end 60.1 new text begin overhead structures, and traffic and other public crossings; inspect yards and physical new text end 60.2 new text begin plants; review and enforce safety requirements; review maintenance and repair records; new text end 60.3 new text begin and review railroad security measures. To the extent delegated by the commissioner, the new text end 60.4 new text begin inspector may issue citations for violations of this chapter, or to ensure railroad employee new text end 60.5 new text begin and public safety and welfare. new text end 60.6     new text begin (b) The commissioner shall annually assess railroad companies that are (1) defined new text end 60.7 new text begin as common carriers under section 218.011, (2) classified by federal law or regulation as new text end 60.8 new text begin Class I Railroads or Class I Rail Carriers, and (3) operating in this state, by a division of new text end 60.9 new text begin equal proportion between carriers, assessed in equal amounts for 365 days of the calendar new text end 60.10 new text begin year. The commissioner shall assess all start-up or re-establishment costs, and all related new text end 60.11 new text begin costs of initiating the state rail safety inspector program beginning July 1, 2008. The state new text end 60.12 new text begin rail inspector duties must begin and be assessed on January 1, 2009. The assessments must new text end 60.13 new text begin be deposited in a special account in the special revenue fund, to be known as the state new text end 60.14 new text begin rail safety inspection account. Money in the account is appropriated to the commissioner new text end 60.15 new text begin and may be expended to cover the costs incurred for the establishment and ongoing new text end 60.16 new text begin responsibilities of the state rail safety inspector. new text end 60.17     new text begin (c) The commissioner may exempt a common carrier not federally classified as new text end 60.18 new text begin Class I from violations for a period of up to two years if the common carrier applies for new text end 60.19 new text begin participation in a work site safety coaching program, such as the "MNSharp" program new text end 60.20 new text begin administered by the Minnesota Department of Labor and Industry, and the commissioner new text end 60.21 new text begin determines such participation to be preferred enforcement for safety or security violations. new text end 60.22     new text begin (d) Any person aggrieved by an assessment levied under this section may appeal new text end 60.23 new text begin within 90 days any assessment, violation, or administrative penalty to the Office of new text end 60.24 new text begin Administrative Hearings, with further appeal and review by the district court. new text end 60.25    Sec. 78. Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read: 60.26    Subd. 6. Vehicle identification rule. (a) The following carriers shall display the 60.27carrier's name and address on the power unit of each vehicle: 60.28    (1) motor carriers, regardless of the weight of the vehicle, except that this 60.29requirement does not apply to a limousine as defined in section 168.011, subdivision 35, 60.30that is equipped with "LM" license plates; 60.31    (2) interstate and intrastate private carriers operating vehicles with a gross vehicle 60.32weight of more than 10,000 pounds; and 60.33    (3) vehicles providing transportation described in section 221.025 with a gross 60.34vehicle weight of more than 10,000 pounds except those providing transportation 60.35described in section 221.025, clauses (1), (3), and (4). 61.1Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees 61.2and have four or fewer axles are not required to comply with the vehicle identification 61.3rule of the commissioner. 61.4    (b) Vehicles subject to this subdivision must show the name or "doing business as" 61.5name of the carrier operating the vehicle and the community and abbreviation of the state 61.6in which the carrier maintains its principal office or in which the vehicle is customarily 61.7based. If the carrier operates a leased vehicle, it may show its name and the name of the 61.8lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person 61.9other than the operating carrier appears on the vehicle, the words "operated by" must 61.10immediately precede the name of the carrier. 61.11    (c) The name and address must be in letters that contrast sharply in color with the 61.12background, be readily legible during daylight hours from a distance of 50 feet while 61.13the vehicle is stationary, and be maintained in a manner that retains the legibility of the 61.14markings. The name and address may be shown by use of a removable device if that 61.15device meets the identification and legibility requirements of this subdivision. 61.16    Sec. 79. Minnesota Statutes 2006, section 221.0314, subdivision 9, is amended to read: 61.17    Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part 61.18395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (l), 61.19(m), and (n) of section 395.1 and section 395.13 of that part are not incorporated. In 61.20addition, cross-references to sections or paragraphs not incorporated in this subdivision 61.21are not incorporated by reference. The requirements of Code of Federal Regulations, title 61.2249, part 395, do not apply to drivers of lightweight vehicles. 61.23    Sec. 80. Minnesota Statutes 2006, section 221.0314, is amended by adding a 61.24subdivision to read: 61.25     new text begin Subd. 12. new text end new text begin Hazardous materials safety permits. new text end new text begin A person who transports the new text end 61.26 new text begin hazardous materials designated in Code of Federal Regulations, title 49, section 385.403, new text end 61.27 new text begin shall comply with this section and with the provisions of Code of Federal Regulations, new text end 61.28 new text begin title 49, part 385, subpart E, which is incorporated by reference. new text end 61.29    Sec. 81. Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read: 61.30    Subd. 2d. Age of driver under federal materials-of-trade regulation. A driver 61.31of a self-propelled or towed motor vehicle transporting no hazardous material other than 61.32materials of trade, as defined in Code of Federal Regulations, title 49, section 171.8, new text begin when new text end 61.33 new text begin engaged in intrastate transportation, new text end must be at least 18 years of age. This subdivision 62.1does not apply unless the transportation conforms to the requirements of Code of Federal 62.2Regulations, title 49, section 173.6. 62.3    Sec. 82. Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read: 62.4    Subdivision 1. Required to provide information. A person who generates, stores, 62.5treats, transports, disposes of, or otherwise handles or has handled hazardous materials, 62.6hazardous substances, or hazardous waste shall (1) give to transportation representatives 62.7and hazardous material specialists of the department information relating to the materials, 62.8substances, or waste, or (2) permit them access to and copying of records new text begin and safety new text end 62.9 new text begin permits new text end relating to new text begin any or all of new text end the materials, substances, or waste, or both. 62.10    Sec. 83. Minnesota Statutes 2006, section 221.091, subdivision 2, is amended to read: 62.11    Subd. 2. Local licensing of small vehicle passenger service. A city that licenses 62.12and regulates small vehicle passenger service must do so by ordinance. The ordinance 62.13must, at a minimum, provide for driver qualifications, insurance, vehicle safety, and 62.14periodic vehicle inspections. A city that has adopted an ordinance complying with this 62.15subdivision may enforce the registration requirement in section 221.021. new text begin A person who new text end 62.16 new text begin provides small vehicle passenger service to an individual for the purpose of obtaining new text end 62.17 new text begin nonemergency medical care and who receives reimbursement under section 256B.0625, new text end 62.18 new text begin subdivision 17, for providing the service, must comply with the rules of the commissioner new text end 62.19 new text begin adopted under section 174.30. new text end 62.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 62.21    Sec. 84. Minnesota Statutes 2006, section 221.141, subdivision 1, is amended to read: 62.22    Subdivision 1. Financial responsibility of carriers. (a) No motor carrier and no 62.23interstate carrier shall operate a vehicle until it has obtained and has in effect the minimum 62.24amount of financial responsibility required by this section. Policies of insurance, surety 62.25bonds, other types of security, and endorsements must be continuously in effect and must 62.26remain in effect until canceled. Before providing transportation, the motor carrier or 62.27interstate carrier shall secure and cause to be filed with the commissioner and maintain in 62.28full effect, a certificate of insurance in a form required by the commissioner, evidencing 62.29public liability insurance in the amount prescribed. The insurance must cover injuries and 62.30damage to persons or property resulting from the operation or use of motor vehicles, 62.31regardless of whether each vehicle is specifically described in the policy. This insurance 62.32does not apply to injuries or death to the employees of the motor carrier or to property 62.33being transported by the carrier. 63.1    (b) Notwithstanding any other provision of this chapter, the insurance required of 63.2a motor carrier of passengers must be at least that amount required of interstate carriers 63.3under Code of Federal Regulations, title 49, section 387.33, as amended. 63.4     new text begin (c) This section does not apply to a charitable organization exempt from taxation new text end 63.5 new text begin under section 501(c)(3) of the Internal Revenue Code when the transportation furthers new text end 63.6 new text begin the charitable organization's charitable mission. The charitable organization must comply new text end 63.7 new text begin with the insurance requirements of section 65B.48. new text end 63.8    Sec. 85. Minnesota Statutes 2006, section 221.231, is amended to read: 63.9221.231 RECIPROCAL AGREEMENT. 63.10    The commissioner may enter into reciprocal agreements with the regulatory bodies 63.11of other states and the provinces of the Dominion of Canada, whereby the payment of the 63.12fees provided in section may be waived in whole or in part for new text begin regarding new text end motor 63.13carriers having an established place of business in that state or province; provided that 63.14reciprocal privileges are extended under the agreement to motor carriers of this state. 63.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.16    Sec. 86. Minnesota Statutes 2006, section 221.60, subdivision 1, is amended to read: 63.17    Subdivision 1. Procedure new text begin Registration required new text end . A motor carrier may transport 63.18persons or property for hire in interstate commerce in Minnesota only if it first: 63.19    (1) complies with section ; 63.20    (2) either registers with the commissioner the federal operating authority that it 63.21intends to exercise, or registers and describes the transportation it performs under an 63.22exemption contained in United States Code, title 49; and 63.23    (3) purchases an interstate identification stamp or an interstate registration trip permit 63.24for each vehicle to be used in interstate transportation in Minnesota new text begin A foreign or domestic new text end 63.25 new text begin motor carrier, motor private carrier, leasing company, broker, or freight forwarder, as new text end 63.26 new text begin defined in United States Code, title 49, section 13102, may operate in interstate commerce new text end 63.27 new text begin in Minnesota only if it first complies with the Unified Carrier Registration Agreement new text end 63.28 new text begin authorized by United States Code, title 49, section 14504a, enacted pursuant to the Unified new text end 63.29 new text begin Carrier Registration Act of 2005, and the rules, regulations, and directives adopted new text end 63.30 new text begin thereunder, including registering with a base state and paying all required fees. new text end 63.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 63.32    Sec. 87. Minnesota Statutes 2006, section 221.60, is amended by adding a subdivision 63.33to read: 64.1     new text begin Subd. 7. new text end new text begin Commissioner's authority. new text end new text begin The commissioner of transportation is new text end 64.2 new text begin authorized to take all necessary actions to enter into the Unified Carrier Registration new text end 64.3 new text begin Agreement in accordance with United States Code, title 49, section 14504a, and shall new text end 64.4 new text begin implement and administer the agreement and the rules and regulations adopted thereunder, new text end 64.5 new text begin including directives of the Unified Carrier Registration Plan board of directors as new text end 64.6 new text begin authorized by United States Code, title 49, section 14504a, subsection (d)(2). new text end 64.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 64.8    Sec. 88. Minnesota Statutes 2006, section 222.50, subdivision 7, is amended to read: 64.9    Subd. 7. Expenditures. (a) The commissioner may expend money from the rail 64.10service improvement account for the following purposes: 64.11    (1) to make transfers as provided under section 222.57 or to pay interest adjustments 64.12on loans guaranteed under the state rail user and rail carrier loan guarantee program; 64.13    (2) to pay a portion of the costs of capital improvement projects designed to 64.14improve rail service including construction or improvement of short segments of rail line 64.15such as side track, team track, and connections between existing lines, and construction 64.16and improvement of loading, unloading, storage, and transfer facilities of a rail user new text begin or new text end 64.17 new text begin a rail carrier new text end ; 64.18    (3) new text begin to pay a portion of the costs of rehabilitation projects designed to improve rail new text end 64.19 new text begin service of a rail user or a rail carrier; new text end 64.20     new text begin (4) new text end to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to 64.21the state rail bank program; 64.22    (4) new text begin (5) new text end to provide for aerial photography survey of proposed and abandoned railroad 64.23tracks for the purpose of recording and reestablishing by analytical triangulation the 64.24existing alignment of the inplace track; 64.25    (5) new text begin (6) new text end to pay a portion of the costs of acquiring a rail line by a regional railroad 64.26authority established pursuant to chapter 398A; 64.27    (6) new text begin (7) new text end to pay the state matching portion of federal grants for rail-highway grade 64.28crossing improvement projects. 64.29    (b) All money derived by the commissioner from the disposition of railroad 64.30right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall 64.31be deposited in the rail service improvement account. 64.32    Sec. 89. Minnesota Statutes 2006, section 222.63, subdivision 4, is amended to read: 64.33    Subd. 4. Disposition permitted. (a) The commissioner may lease any rail line or 64.34right-of-way held in the state rail bank or enter into an agreement with any person for the 65.1operation of any rail line or right-of-way for any of the purposes set forth in subdivision 2 65.2in accordance with a fee schedule to be developed by the commissioner. 65.3    (b) The commissioner may convey any rail line or right-of-way, for consideration or 65.4for no consideration and upon other terms as the commissioner may determine to be in 65.5the public interest, to any other state agency or to a governmental subdivision of the state 65.6having power by law to utilize it for any of the purposes set forth in subdivision 2. 65.7    (c) The commissioner may convey a portion of previously acquired rail bank 65.8right-of-way to a state agency or governmental subdivision when the commissioner 65.9determines that: 65.10    (1) the portion to be conveyed is in excess of that needed for the purposes stated in 65.11subdivision 2; 65.12    (2) the conveyance is upon terms and conditions agreed upon by both the 65.13commissioner and the state agency or governmental subdivision; 65.14    (3) after the sale, the rail bank corridor will continue to meet the future public and 65.15commercial transportation and transmission needs of the state; and 65.16    (4) the conveyance will not reduce the width of the rail bank corridor to less than 65.1750 new text begin 100 new text end feet. 65.18    (d) The commissioner may lease previously acquired state rail bank right-of-way to 65.19a state agency or governmental subdivision or to a private entity for nontransportation 65.20purposes when: 65.21    (1) the portion to be leased is in excess of that needed for the purposes stated in 65.22subdivision 2; 65.23    (2) the lease will not reduce the useable width of the rail bank corridor to less than 65.2450 new text begin 100 new text end feet; 65.25    (3) the cost of the lease is based on the fair market value of the portion to be leased, 65.26as determined by appraisal; 65.27    (4) the lease allows the commissioner to terminate the lease on 90 days' written 65.28notice to the lessee; and 65.29    (5) the lease prohibits the construction or erection of any permanent structure within 65.30the 50-foot new text begin 100-foot new text end rail bank corridor and requires any structure erected on the leased 65.31property to be removed and the land restored to its original condition on 90 days' written 65.32notice to the lessee. 65.33    (e) Proceeds from a sale or lease must be deposited in the rail bank maintenance 65.34account described in subdivision 8. 66.1    Sec. 90. Minnesota Statutes 2006, section 222.63, is amended by adding a subdivision 66.2to read: 66.3     new text begin Subd. 9. new text end new text begin Rail bank property use; petty misdemeanors. new text end new text begin (a) Except for the actions new text end 66.4 new text begin of road authorities and their agents, employees, and contractors, and of utilities, in carrying new text end 66.5 new text begin out their duties imposed by permit, law, or contract, and except as otherwise provided in new text end 66.6 new text begin this section, it is unlawful to perform any of the following activities on rail bank property: new text end 66.7     new text begin (1) obstruct any trail; new text end 66.8     new text begin (2) deposit snow or ice; new text end 66.9     new text begin (3) remove or place any earth, gravel, or rock without authorization; new text end 66.10     new text begin (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous new text end 66.11 new text begin materials; new text end 66.12     new text begin (5) erect a fence, or place or maintain any advertising, sign, or memorial; new text end 66.13     new text begin (6) remove, injure, displace, or destroy right-of-way markers or reference or witness new text end 66.14 new text begin monuments or markers placed to preserve section or quarter-section corners defining new text end 66.15 new text begin rail bank property limits; new text end 66.16     new text begin (7) drive upon any portion of rail bank property, except at approved crossings, and new text end 66.17 new text begin except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or new text end 66.18 new text begin other vehicles authorized to use rail bank property; new text end 66.19     new text begin (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker, new text end 66.20 new text begin paving, guardrail, drain, or any other rail bank appurtenance; or new text end 66.21     new text begin (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry new text end 66.22 new text begin on, across, or over the limits of rail bank property. new text end 66.23     new text begin (b) Unless a greater penalty is provided elsewhere in statute, any violation of this new text end 66.24 new text begin subdivision is a petty misdemeanor. new text end 66.25     new text begin (c) The cost to remove, repair, or perform any other corrective action necessitated by new text end 66.26 new text begin a violation of this subdivision may be charged to the violator. new text end 66.27    Sec. 91. Minnesota Statutes 2006, section 299F.60, subdivision 1, is amended to read: 66.28    Subdivision 1. Money penalty. Any person who violates any provision of sections 66.29299F.56 to 299F.641, or any rule issued thereunder, shall be new text begin is new text end subject to a civil penalty to 66.30be imposed by the commissioner not to exceed $10,000 new text begin $100,000 new text end for each such violation 66.31for each day that such new text begin the new text end violation persists, except that the maximum civil penalty shall 66.32 new text begin must new text end not exceed $500,000 new text begin $1,000,000 new text end for any related series of violations. 66.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and applies to new text end 66.34 new text begin violations committed on or after that date. new text end 67.1    Sec. 92. Minnesota Statutes 2006, section 299J.16, subdivision 1, is amended to read: 67.2    Subdivision 1. Civil penalty. (a) A pipeline operator who violates section 299J.07, 67.3subdivision 1 , or 299J.15, or the rules of the commissioner implementing those sections, 67.4shall forfeit and pay to the state a civil penalty in an amount to be determined by the court, 67.5up to $10,000 new text begin $100,000 new text end for each day that the operator remains in violation, subject to a 67.6maximum of $500,000 new text begin $1,000,000 new text end for a related series of violations. 67.7    (b) The penalty provided under this subdivision may be recovered by an action 67.8brought by the attorney general at the request of the commissioner, in the name of the 67.9state, in connection with an action to recover expenses of the director under section 67.10299J.13, subdivision 4 : 67.11    (1) in the District Court of Ramsey County; or 67.12    (2) in the county of the defendant's residence. 67.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and applies to new text end 67.14 new text begin violations committed on or after that date. new text end 67.15    Sec. 93. Minnesota Statutes 2006, section 325F.665, is amended by adding a 67.16subdivision to read: 67.17     new text begin Subd. 14. new text end new text begin Title branding. new text end new text begin (a) Upon transfer and application for title of all vehicles new text end 67.18 new text begin subject to this section, the registrar of motor vehicles shall record the term "lemon law new text end 67.19 new text begin vehicle" on the certificate of title and all subsequent certificates of title for that vehicle. new text end 67.20     new text begin (b) For vehicles with out-of-state titles that bear the term "lemon law vehicle," or new text end 67.21 new text begin any similar term, the registrar of motor vehicles shall record the term "lemon law vehicle" new text end 67.22 new text begin on the first Minnesota certificate of title and all subsequent Minnesota certificates of new text end 67.23 new text begin title issued for that vehicle. new text end 67.24     new text begin (c) The designation of "lemon law vehicle" on a certificate of title must be made by new text end 67.25 new text begin the registrar of motor vehicles in a clear and conspicuous manner, in a color different from new text end 67.26 new text begin all other writing on the certificate of title. new text end 67.27    Sec. 94. Minnesota Statutes 2006, section 473.1466, is amended to read: 67.28473.1466 new text begin TRANSPORTATION SYSTEM new text end PERFORMANCE AUDIT; 67.29TRANSIT EVALUATION. 67.30    (a) In 1997 and every four years thereafter, the council shall provide for an 67.31independent entity selected through a request for proposal process conducted nationwide 67.32to do new text begin Prior to each major revision of the transportation policy plan, the council must carry new text end 67.33 new text begin out new text end a performance audit new text begin evaluation new text end of the commuting new text begin metropolitan new text end area's transportation 67.34system as a whole. The performance audit new text begin evaluation new text end must new text begin : new text end 68.1     new text begin (1) new text end evaluate the commuting area's ability to meet the region's needs new text begin need new text end for 68.2effective and efficient transportation of goods and people, new text begin ; new text end 68.3     new text begin (2) new text end evaluate future trends and their impacts on the region's new text begin area's new text end transportation 68.4system, and new text begin ; new text end 68.5     new text begin (3) assess the region's success in meeting the currently adopted regional new text end 68.6 new text begin transportation benchmarks; and new text end 68.7     new text begin (4) include an evaluation of the regional transit system, including a comparison with new text end 68.8 new text begin peer metropolitan regions with regard to key operating and investment measurements. new text end 68.9     new text begin (b) The council must update the evaluation of the regional transit system every new text end 68.10 new text begin two years. new text end 68.11     new text begin (c) The council shall use the results of the performance evaluation to new text end make 68.12recommendations for improving the system new text begin in each revision of the transportation policy new text end 68.13 new text begin plan new text end . The performance audit must recommend performance-funding measures. 68.14    (b) In 1999 and every four years thereafter, the council must evaluate the 68.15performance of the metropolitan transit system's operation in relationship to the regional 68.16transit performance standards developed by the council. 68.17     new text begin (d) The council must conduct a peer review of the performance evaluation using at new text end 68.18 new text begin least two nationally recognized transportation and transit consultants. new text end 68.19     new text begin (e) The council must submit the performance evaluation to the chairs and ranking new text end 68.20 new text begin minority members of the house of representatives and senate committees and divisions new text end 68.21 new text begin with jurisdiction over transportation finance and policy. new text end 68.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 68.23 new text begin and applies to each revision of the transportation policy plan after the 2008 revision. new text end 68.24    Sec. 95. Minnesota Statutes 2006, section 473.166, is amended to read: 68.25473.166 CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; 68.26APPROVAL. 68.27    Before acquiring land for or constructing a controlled access highway or transit 68.28fixed-guideway in the area, the state Transportation Department or local government 68.29unit proposing the acquisition or construction shall submit to the council a statement 68.30describing the proposed project. The statement must be in the form and detail required by 68.31the council. The council shall review the statement to ascertain its consistency with its 68.32policy plan and the development guide. No project may be undertaken unless the council 68.33determines that it is consistent with the policy plan. This approval is in addition to the 68.34requirements of any other statute, ordinance or rule. 68.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 69.1    Sec. 96. Minnesota Statutes 2006, section 473.386, subdivision 1, is amended to read: 69.2    Subdivision 1. Service objectives. The council shall implement a special 69.3transportation service, as defined in section 174.29, in the metropolitan area. The service 69.4has the following objectives: 69.5    (a) to provide greater access to transportation for the elderly, people with disabilities, 69.6and others with special transportation needs in the metropolitan area; 69.7    (b) to develop an integrated system of special transportation service providing 69.8transportation tailored to meet special individual needs in the most cost-efficient manner; 69.9and 69.10    (c) to use existing public, private, and private nonprofit providers of service 69.11wherever possible new text begin when feasible and cost-efficient new text end , to supplement rather than replace 69.12existing service, and to increase the productivity of all special transportation vehicles 69.13available in the area. 69.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 69.15    Sec. 97. Minnesota Statutes 2006, section 473.386, subdivision 2, is amended to read: 69.16    Subd. 2. Service contracts; management; transportation accessibility advisory 69.17committee. (a) The council may contract for services necessary for the provision of 69.18special transportation. Transportation service provided under a contract must specify the 69.19service to be provided, the standards that must be met, and the rates for operating and 69.20providing special transportation services. 69.21    (b) The council shall establish management policies for the service and may contract 69.22with a service administrator for day-to-day administration and management of the service. 69.23Any contract must delegate to the service administrator clear authority to administer and 69.24manage the delivery of the service pursuant to council management policies and must 69.25establish performance and compliance standards for the service administrator. The council 69.26may provide directly day to day administration and management of the service and may 69.27own or lease vehicles used to provide the service. 69.28    (c) The council shall ensure that the service administrator establishes a system for 69.29registering and expeditiously responding to complaints by users, informing users of how 69.30to register complaints, and requiring providers to report on incidents that impair the safety 69.31and well-being of users or the quality of the service. 69.32     new text begin (d) new text end The council shall annually report to the commissioner of transportation and the 69.33legislature on complaints and provider reports, the response of the service administrator, 69.34and steps taken by the council and the service administrator to identify causes and provide 70.1remedies to recurring problems new text begin on its special transportation services as part of the program new text end 70.2 new text begin evaluation provided for in section 473.13, subdivision 1a new text end . 70.3    (d) Each year before renewing contracts with providers and the service administrator, 70.4the council shall provide an opportunity for the transportation accessibility advisory 70.5committee, users, and other interested persons to testify before the council concerning 70.6providers, contract terms, and other matters relating to council policies and procedures for 70.7implementing the service. 70.8    (e) new text begin The council shall provide, on an annual basis, an opportunity for users and new text end 70.9 new text begin other interested persons to provide testimony to the council concerning services provided new text end 70.10 new text begin under this section. new text end 70.11     new text begin (f) new text end The council shall establish a Transportation Accessibility Advisory Committee new text begin new text end 70.12 new text begin consisting of 15 members and a chair to advise the council on management policies for new text end 70.13 new text begin the council's special transportation service new text end . The Transportation Accessibility Advisory 70.14Committee must include elderly and disabled persons, other users of special transportation 70.15service, representatives of persons contracting to provide special transportation services, 70.16and representatives of appropriate agencies for elderly and disabled persons to advise 70.17the council on management policies for the service. At least half the Transportation 70.18Accessibility Advisory Committee members must be disabled or elderly persons or the 70.19representatives of disabled or elderly persons new text begin who are both ADA-certified and users of new text end 70.20 new text begin public transit in the metropolitan area new text end . Two of the appointments to the Transportation 70.21Accessibility Advisory Committee shall be made by the Council on Disability in 70.22consultation with the chair of the Metropolitan Council. 70.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 70.24    Sec. 98. Minnesota Statutes 2006, section 473.386, subdivision 2a, is amended to read: 70.25    Subd. 2a. Eligibility new text begin application and verification; penalty for fraudulent new text end 70.26certification. new text begin If the council requires a person to be certified as eligible for special new text end 70.27 new text begin transportation services, an applicant for certification must submit an application form new text end 70.28 new text begin and the applicant's eligibility must be verified by a type of professional specified by the new text end 70.29 new text begin council. new text end The council shall include the notice of penalty for fraudulent certification, and 70.30require the person certifying the applicant to sign the eligibility certification form and the 70.31applicant to sign the application form, as provided in section . new text begin : new text end 70.32     new text begin (1) require the applicant to sign the application form and certify that the application new text end 70.33 new text begin information is accurate; and new text end 70.34     new text begin (2) require the person verifying the applicant's eligibility to sign the eligibility new text end 70.35 new text begin verification form and certify that the verifying information is accurate. new text end 71.1     new text begin The penalty provided for in section 174.295, subdivision 4, applies to the new text end 71.2 new text begin certifications by the applicant and the person verifying the applicant's eligibility. The new text end 71.3 new text begin council must include a notice of the penalty for fraudulent certification in the application new text end 71.4 new text begin form and the eligibility verification form. new text end 71.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 71.6    Sec. 99. Minnesota Statutes 2006, section 473.386, subdivision 3, is amended to read: 71.7    Subd. 3. Duties of council. In implementing the special transportation service, the 71.8council shall: 71.9    (a) encourage participation in the service by public, private, and private nonprofit 71.10providers of special transportation currently receiving capital or operating assistance 71.11from a public agency; 71.12    (b) new text begin when feasible and cost-efficient, new text end contract with public, private, and private 71.13nonprofit providers that have demonstrated their ability to effectively provide service at 71.14a reasonable cost; 71.15    (c) encourage individuals using special transportation to use the type of service 71.16most appropriate to their particular needs; 71.17    (d) ensure that all persons providing special transportation service receive equitable 71.18treatment in the allocation of the ridership; 71.19    (e) encourage shared rides to the greatest extent practicable; 71.20    (f) new text begin (e) new text end encourage public agencies that provide transportation to eligible individuals 71.21as a component of human services and educational programs to coordinate with this 71.22service and to allow reimbursement for transportation provided through the service at rates 71.23that reflect the public cost of providing that transportation; 71.24    (g) new text begin (f) new text end establish criteria to be used in determining individual eligibility for special 71.25transportation services; 71.26    (h) new text begin (g) new text end consult with the Transportation Accessibility Advisory Committee in a 71.27timely manner before changes are made in the provision of special transportation services, 71.28including, but not limited to, changes in policies affecting the matters subject to hearing 71.29under subdivision 2; 71.30    (i) new text begin (h) new text end provide for effective administration and enforcement of council policies 71.31and standards; 71.32    (j) annually evaluate providers of special transportation service to ensure compliance 71.33with the standards established for the program; and 71.34    (k) new text begin (i) new text end ensure that, taken as a whole including contracts with public, private, and 71.35private nonprofit providers, the geographic coverage area of the special transportation 72.1service is continuous within the boundaries of the transit taxing district, as defined as of 72.2March 1, 2006, in section 473.446, subdivision 2. 72.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 72.4    Sec. 100. Minnesota Statutes 2006, section 473.399, is amended to read: 72.5473.399 new text begin TRANSIT WAYS; new text end LIGHT RAIL TRANSIT AND COMMUTER RAIL 72.6PLANNING new text begin IN THE METROPOLITAN AREA new text end . 72.7    Subdivision 1. General requirements. (a) new text begin The council must identify in its new text end 72.8 new text begin transportation policy plan those heavily traveled corridors where development of a transit new text end 72.9 new text begin way may be feasible and cost-effective. Modes of providing service in a transit way may new text end 72.10 new text begin include bus rapid transit, light rail transit, commuter rail, or other available systems or new text end 72.11 new text begin technologies that improve transit service. new text end 72.12     new text begin (b) After the completion of environmental studies and receipt of input from the new text end 72.13 new text begin governing body of each statutory and home rule charter city, county, and town in which a new text end 72.14 new text begin transit way is proposed to be constructed, the council must designate the locally preferred new text end 72.15 new text begin alternative transit mode with respect to the corridor. new text end 72.16     new text begin (c) new text end The council shall adopt a plan to ensure that new text begin any new text end light rail transit facilities new text begin new text end 72.17 new text begin that are designated as the locally preferred alternative and that are to be constructed new text end in 72.18the metropolitan area will be acquired, developed, owned, and capable of operation in 72.19an efficient, cost-effective, and coordinated manner in coordination with buses and other 72.20transportation modes and facilities. The plan may be developed and adopted in phases 72.21corresponding to phasing of construction of light rail. The council may incorporate into its 72.22plan appropriate elements of the plans of regional railroad authorities in order to avoid 72.23duplication of effort. 72.24    (b) The light rail transit plan or first phase of the plan required by this section must 72.25be adopted by the council before the commissioner of transportation may begin 72.26     new text begin (d) new text end Construction of light rail transit facilities new text begin in a particular transit corridor may not new text end 72.27 new text begin commence unless and until that mode is designated as the locally preferred alternative new text end 72.28 new text begin for that corridor by the council new text end . Following adoption of the plan, the commissioner of 72.29transportation shall act in conformity with the plan. The commissioner shall prepare or 72.30amend the final design plans as necessary to make the plans consistent with the light 72.31rail transit plan. 72.32    (c) Throughout the development and implementation of the plan, the council shall 72.33contract for or otherwise obtain engineering services to assure that the plan adequately 72.34addresses the technical aspects of light rail transit. 73.1    Subd. 1a. Integrated transportation system. The commissioner of transportation 73.2and the Metropolitan Council shall ensure that the light rail transit and commuter rail 73.3facilities are planned, designed, and implemented: (1) to move commuters and transit 73.4users into and out of, as well as within, the metropolitan area, and (2) to ensure that rail 73.5transit lines will interface with each other and other transportation facilities and services 73.6so as to provide a unified, integrated, and efficient multimodal transportation system. 73.7    Subd. 4. Expenditure of state funds. No state funds may be expended by the 73.8Metropolitan Council to study new text begin a particular new text end light rail transit or commuter rail new text begin facility new text end unless 73.9the funds are appropriated in legislation that identifies new text begin the new text end route, including the origin 73.10and destination. 73.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 73.12    Sec. 101. Minnesota Statutes 2006, section 473.3993, subdivision 1, is amended to 73.13read: 73.14    Subdivision 1. Application. The definitions in this section apply to section 73.15 new text begin sections 473.3993 to 473.3997 new text end . 73.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 73.17    Sec. 102. Minnesota Statutes 2006, section 473.3993, subdivision 3, is amended to 73.18read: 73.19    Subd. 3. Final design plan. "Final design plan" means a light rail transit plan that 73.20includes the items in the preliminary design plan and the preliminary engineering plan for 73.21the facilities proposed but with greater detail and specificity needed for construction. The 73.22final design plan must include, at a minimum: 73.23    (1) final plans for the physical design of facilities, including the right-of-way 73.24definition; environmental impacts and mitigation measures; intermodal coordination with 73.25bus operations and routes; and civil engineering plans for vehicles, track, stations, parking, 73.26and access, including disability access; and 73.27    (2) final plans for civil engineering for electrification, communication, and other 73.28similar facilities; operational rules, procedures, and strategies; capital costs; ridership; 73.29operating costs and revenues, and sources of funds for operating subsidies; financing for 73.30construction and operation; an implementation method; and other similar matters. 73.31    The final design plan must be stated with sufficient particularity and detail to 73.32allow the proposer to begin the acquisition and construction of operable facilities. If a 73.33design-build implementation method is proposed, instead of civil engineering plans the 74.1final design plan must state detailed design criteria and performance standards for the 74.2facilities. 74.3    The commissioner of transportation may use a design-build method of project 74.4development and construction for light rail transit. Notwithstanding any law to the 74.5contrary, the commissioner may award a design-build contract on the basis of requests 74.6for proposals or requests for qualifications without bids. "Design-build method of 74.7project development and construction" means a project delivery system in which a single 74.8contractor is responsible for both the design and construction of the project and bids the 74.9design and construction together. 74.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.11    Sec. 103. Minnesota Statutes 2006, section 473.3993, is amended by adding a 74.12subdivision to read: 74.13     new text begin Subd. 4. new text end new text begin Responsible authority. new text end new text begin "Responsible authority" means either the new text end 74.14 new text begin Metropolitan Council or the state of Minnesota acting through the commissioner of new text end 74.15 new text begin transportation, as designated by the governor under section 473.3994, subdivision 1a, for a new text end 74.16 new text begin particular light rail transit facility. new text end 74.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 74.18    Sec. 104. Minnesota Statutes 2006, section 473.3994, is amended to read: 74.19473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS. 74.20     new text begin Subd. 1a. new text end new text begin Designation of responsible authority. new text end new text begin For each proposed light rail transit new text end 74.21 new text begin facility in the metropolitan area, the governor must designate either the Metropolitan new text end 74.22 new text begin Council or the state of Minnesota acting through the commissioner of transportation as new text end 74.23 new text begin the entity responsible for planning, designing, acquiring, constructing, and equipping new text end 74.24 new text begin the facility. Notwithstanding such designation, the commissioner and the council may new text end 74.25 new text begin enter into one or more cooperative agreements with respect to the planning, designing, new text end 74.26 new text begin acquiring, constructing, or equipping of a particular light rail transit facility that provide new text end 74.27 new text begin for the parties to exercise their respective authorities in support of the project in a manner new text end 74.28 new text begin that best serves the project and the public. new text end 74.29    Subd. 2. Preliminary design plans; public hearing. Before final design plans are 74.30prepared for a light rail transit facility new text begin in the metropolitan area new text end , the commissioner of 74.31transportation new text begin responsible authority new text end and the regional railroad authority or authorities 74.32in whose jurisdiction the line or lines are located must hold a public hearing on the 74.33physical design component of the preliminary design plans. The commissioner of 75.1transportation new text begin responsible authority new text end and the regional railroad authority or authorities in 75.2whose jurisdiction the line or lines are located must provide appropriate public notice of 75.3the hearing and publicity to ensure that affected parties have an opportunity to present 75.4their views at the hearing. The commissioner new text begin responsible authority new text end shall summarize the 75.5proceedings and testimony and maintain the record of a hearing held under this section, 75.6including any written statements submitted. 75.7    Subd. 3. Preliminary design plans; local approval. new text begin (a) new text end At least 30 days before 75.8the hearing under subdivision 2, the commissioner of transportation new text begin responsible authority new text end 75.9shall submit the physical design component of the preliminary design plans to the 75.10governing body of each statutory and home rule charter city, county, and town in which 75.11the route is proposed to be located. The city, county, or town shall hold a public hearing. 75.12Within 45 days after the hearing under subdivision 2, the city, county, or town shall review 75.13and approve or disapprove the plans for the route to be located in the city, county, or town. 75.14A local unit of government that disapproves the plans shall describe specific amendments 75.15to the plans that, if adopted, would cause the local unit to withdraw its disapproval. Failure 75.16to approve or disapprove the plans in writing within 45 days after the hearing is deemed 75.17to be approval, unless an extension of time is agreed to by the city, county, or town and 75.18the commissioner of transportation new text begin responsible authority new text end . 75.19    Subd. 4. Preliminary design plans; council referral. If the governing body of 75.20one or more cities, counties, or towns disapproves the preliminary design plans within 75.21the period allowed under subdivision 3, the commissioner of transportation may refer the 75.22plans, along with any comments of local jurisdictions, to the Metropolitan Council. The 75.23council shall hold a hearing on the plans, giving the commissioner of transportation, new text begin if the new text end 75.24 new text begin responsible authority, new text end any disapproving local governmental units, and other persons an 75.25opportunity to present their views on the plans. The council may conduct independent 75.26study as it deems desirable and may mediate and attempt to resolve disagreements about 75.27the plans. Within 90 new text begin 60 new text end days after the referral new text begin hearing new text end , the council shall review the 75.28plans submitted by the commissioner of transportation and the council new text begin and new text end shall decide 75.29what amendments to the plans, if any, must be made to accommodate the objections 75.30presented by the disapproving local governmental units. The commissioner shall make the 75.31Amendments to the plans new text begin as decided by the council must be made new text end before continuing the 75.32planning and designing process. 75.33    Subd. 5. Final design plans. (a) If the final design plans incorporate a substantial 75.34change from the preliminary design plans with respect to location, length, or termini 75.35of routes; general dimension, elevation, or alignment of routes and crossings; location 76.1of tracks above ground, below ground, or at ground level; or station locations, before 76.2beginning construction, the commissioner new text begin responsible authority new text end shall submit the changed 76.3component of new text begin the new text end final design plans to the governing body of each statutory and home 76.4rule city, county, and town in which the changed component is proposed to be located. 76.5Within 60 days after the submission of the plans, the city, county, or town shall review 76.6and approve or disapprove the changed component located in the city, county, or town. A 76.7local unit of government that disapproves the change shall describe specific amendments 76.8to the plans that, if adopted, would cause the local unit to withdraw its disapproval. 76.9Failure to approve or disapprove the changed plans in writing within the time period is 76.10deemed to be approval, unless an extension is agreed to by the city, county, or town and 76.11the commissioner new text begin responsible authority new text end . 76.12    (b) If the governing body of one or more cities, counties, or towns disapproves the 76.13changed plans within the period allowed under paragraph (a), the commissioner may refer 76.14the plans, along with any comments of local jurisdictions, to the Metropolitan Council. 76.15The council shall review the final design plans under the same procedure and with the 76.16same effect as provided in subdivision 4 for preliminary design plans. 76.17    Subd. 7. Council review. new text begin If the commissioner is the responsible authority, new text end before 76.18proceeding with construction of a light rail transit facility, the commissioner must submit 76.19preliminary and final design plans to the Metropolitan Council. The council must review 76.20the plans for consistency with the council's development guide and approve the plans. 76.21    Subd. 8. Metropolitan significance. This section does not diminish or replace the 76.22authority of the council under section 473.173. 76.23    Subd. 9. Light rail transit operating costs. (a) Before submitting an application for 76.24federal assistance for light rail transit facilities in the metropolitan area, the applicant must 76.25provide to the Metropolitan Council estimates new text begin must prepare an estimate new text end of the amount 76.26of operating subsidy which will be required to operate light rail transit in the corridor to 76.27which the federal assistance would be applied. The information provided to the council new text begin new text end 76.28 new text begin estimate new text end must indicate the amount of operating subsidy estimated to be required in each 76.29of the first ten years of operation of the light rail transit facility. new text begin If the commissioner of new text end 76.30 new text begin transportation is the responsible authority, the commissioner must provide information new text end 76.31 new text begin requested by the council that is necessary to make the estimate. new text end 76.32    (b) The council must review and evaluate the information provided new text begin estimate new text end 76.33 new text begin developed new text end under paragraph (a) with regard to the effect of operating the light rail transit 76.34facility on the currently available mechanisms for financing transit in the metropolitan area. 77.1    Subd. 10. Corridor Management Committee. new text begin The responsible authority new text end 77.2 new text begin must establish new text end a Corridor Management Committee shall be established to advise the 77.3commissioner of transportation new text begin responsible authority new text end in the design and construction of 77.4light rail transit in each corridor to be constructed. The Corridor Management Committee new text begin new text end 77.5 new text begin for each corridor new text end shall consist of the following members: 77.6    (1) one member appointed by each city and county in which the corridor is located; 77.7    (2) the commissioner of transportation or a designee of the commissioner; 77.8    (3) two members appointed by the Metropolitan Council, one of whom shall be 77.9designated as the chair of the committee; 77.10    (4) one member appointed by the Metropolitan Airports Commission, if the 77.11designated corridor provides direct service to the Minneapolis-St. Paul International 77.12Airport; and 77.13    (5) one member appointed by the president of the University of Minnesota, if the 77.14designated corridor provides direct service to the university. 77.15    The Corridor Management Committee shall advise the commissioner of 77.16transportation new text begin responsible authority new text end on issues relating to the alternatives analysis, 77.17environmental review, preliminary design, preliminary engineering, final design, 77.18implementation method, and construction of light rail transit new text begin in the corridor new text end . 77.19    Subd. 13. Dispute resolution. In the event of a dispute between any of the parties 77.20arising from the parties' respective authority and responsibility under this section, the 77.21dispute shall be submitted to the Metropolitan Council for final resolution by any party to 77.22the dispute. The Metropolitan Council shall establish by July 1, 1993, a process to ensure 77.23a prompt and speedy resolution of the dispute. This process shall allow the parties to 77.24provide evidence and testimony in support of their positions. 77.25     new text begin Subd. 14. new text end new text begin Transfer of facility after construction. new text end new text begin If the commissioner of new text end 77.26 new text begin transportation is the responsible authority for a particular light rail transit facility, the new text end 77.27 new text begin commissioner must transfer to the Metropolitan Council all facilities constructed and new text end 77.28 new text begin all equipment and property acquired in developing the facility upon completion of new text end 77.29 new text begin construction. new text end 77.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 77.31    Sec. 105. new text begin [473.3995] LIGHT RAIL TRANSIT; DESIGN-BUILD METHOD. new text end 77.32     new text begin (a) A responsible authority may use a design-build method of project development new text end 77.33 new text begin and construction for light rail transit. Notwithstanding any law to the contrary, a new text end 77.34 new text begin responsible authority may award a design-build contract on the basis of requests for new text end 77.35 new text begin proposals or requests for qualifications without bids. "Design-build method of project new text end 78.1 new text begin development and construction" means a project delivery system in which a single new text end 78.2 new text begin contractor is responsible for both the design and construction of the project and bids the new text end 78.3 new text begin design and construction together. new text end 78.4     new text begin (b) If a responsible authority utilizes a design-build method of project development new text end 78.5 new text begin and construction for light rail transit, the requirements and procedures in sections 161.3410 new text end 78.6 new text begin to 161.3426 apply to the procurement, subject to the following conditions and exceptions: new text end 78.7     new text begin (1) if the Metropolitan Council is the responsible authority for a particular light rail new text end 78.8 new text begin transit project, when used in sections 161.3410 to 161.3426, (i) the terms "commissioner," new text end 78.9 new text begin "Minnesota Department of Transportation," "department," "state agencies," and "road new text end 78.10 new text begin authority" refer to the Metropolitan Council, and (ii) the term "state" refers to the new text end 78.11 new text begin Metropolitan Council except in references to state law or in references to the state as new text end 78.12 new text begin a geographical location; new text end 78.13     new text begin (2) the provisions of section 161.3412, subdivisions 3 and 4, are not applicable new text end 78.14 new text begin to the procurement; and new text end 78.15     new text begin (3) if any federal funds are used in developing or constructing the light rail transit new text end 78.16 new text begin project, any provisions in sections 161.3410 to 161.3426 that are inconsistent with, or new text end 78.17 new text begin prohibited by, any federal law, regulation, or other requirement are not applicable to the new text end 78.18 new text begin procurement. new text end 78.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.20    Sec. 106. Minnesota Statutes 2006, section 473.3997, is amended to read: 78.21473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT. 78.22    (a) Upon completion of the alternatives analysis and draft environmental impact 78.23statement new text begin , and selection of the locally preferred alternative, new text end for the central corridor 78.24transit improvement project new text begin each light rail transit facility new text end , the council, the commissioner 78.25of transportation, and the affected regional rail authorities new text begin responsible authority new text end may 78.26prepare a joint new text begin an new text end application for federal assistance for new text begin the new text end light rail transit facilities in the 78.27metropolitan area new text begin facility new text end . new text begin If the commissioner is the responsible authority, new text end the application 78.28must be reviewed and approved by the Metropolitan Council before it is submitted by the 78.29council and the commissioner. In reviewing the application the council must consider the 78.30information submitted to it new text begin operating cost estimate developed new text end under section 473.3994, 78.31subdivision 9 . 78.32    (b) Until the application described in paragraph (a) is submitted new text begin Except for the new text end 78.33 new text begin designated responsible authority for a particular light rail transit facility new text end , no political 78.34subdivision in the metropolitan area may on its own apply for federal assistance for light 78.35rail transit planning or construction. 79.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.2    Sec. 107. new text begin [473.3999] LIGHT RAIL TRANSIT CONSTRUCTION IN new text end 79.3 new text begin METROPOLITAN AREA; COUNCIL AUTHORITY. new text end 79.4     new text begin The Metropolitan Council may exercise the powers granted in this chapter and in new text end 79.5 new text begin other applicable law, as necessary, to plan, design, acquire, construct, and equip light rail new text end 79.6 new text begin transit facilities in the metropolitan area as defined in section 473.121, subdivision 2. new text end 79.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.8    Sec. 108. Minnesota Statutes 2006, section 473.4051, is amended to read: 79.9473.4051 LIGHT RAIL TRANSIT OPERATION. 79.10    The council shall operate new text begin all new text end light rail transit facilities and services new text begin located in the new text end 79.11 new text begin metropolitan area new text end upon completion of construction of the facilities and the commencement 79.12of revenue service using the facilities. The commissioner of transportation and the council 79.13may not allow the commencement of revenue service until after an appropriate period of 79.14acceptance testing to ensure new text begin safe and new text end satisfactory performance. In assuming the operation 79.15of the system, the council must comply with section 473.415. The council shall coordinate 79.16operation of the light rail transit system with bus service to avoid duplication of service 79.17on a route served by light rail transit and to ensure the widest possible access to light rail 79.18transit lines in both suburban and urban areas by means of a feeder bus system. 79.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.20    Sec. 109. Minnesota Statutes 2006, section 473.407, subdivision 1, is amended to read: 79.21    Subdivision 1. Authorization. The council may appoint peace officers, as defined 79.22in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, 79.23as defined in section 626.84, subdivision 1, paragraph (f), known as the Metropolitan 79.24Transit Police, to police its transit property and routes, to carry out investigations, and to 79.25make arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement 79.26agency is limited to offenses relating to council transit property, equipment, employees, 79.27and passengers. new text begin The jurisdiction of the Metropolitan Transit Police shall include traffic new text end 79.28 new text begin lanes designed for bus or transit use, freeway or expressway shoulders in the seven-county new text end 79.29 new text begin metropolitan area used by authorized transit buses and metro mobility buses under section new text end 79.30 new text begin 169.306, and high-occupancy vehicle lanes used by transit buses. Upon request from, or new text end 79.31 new text begin under an agreement with, any law enforcement agency and subject to the availability of new text end 79.32 new text begin its personnel and other resources, the Metropolitan Transit Police may exercise general new text end 79.33 new text begin law enforcement agency authority to assist any law enforcement agency in implementing new text end 80.1 new text begin or carrying out law enforcement activities, programs, or initiatives. If the commissioner new text end 80.2 new text begin of transportation contracts with the Metropolitan Council for operation of commuter rail new text end 80.3 new text begin facilities under section 174.90, the jurisdiction of the Metropolitan Transit Police extends new text end 80.4 new text begin to offenses relating to the operation, property, facilities, equipment, employees, and new text end 80.5 new text begin passengers of the commuter rail facilities located in and outside of the metropolitan area. new text end 80.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.7    Sec. 110. Minnesota Statutes 2006, section 473.408, is amended by adding a 80.8subdivision to read: 80.9     new text begin Subd. 8. new text end new text begin Charitable organization discount passes. new text end new text begin The council may offer passes, new text end 80.10 new text begin including tokens, for regular route bus service for sale to charitable organizations, new text end 80.11 new text begin described in section 501(c)(3) of the Internal Revenue Code, at a special discount. new text end 80.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.13    Sec. 111. Minnesota Statutes 2006, section 473.408, is amended by adding a 80.14subdivision to read: 80.15     new text begin Subd. 9. new text end new text begin Youth discount passes. new text end new text begin (a) The council may offer passes, including new text end 80.16 new text begin tokens, for regular route bus service to charitable organizations, described in section new text end 80.17 new text begin 501(c)(3) of the Internal Revenue Code, free of charge. Any passes provided under this new text end 80.18 new text begin subdivision must be: new text end 80.19     new text begin (1) distributed to and used solely by a person who is under 16 years of age; and new text end 80.20     new text begin (2) restricted to use on a bus that is not operating at full capacity at the time of new text end 80.21 new text begin use of the bus pass. new text end 80.22     new text begin (b) The council may establish additional requirements and terms of use of the new text end 80.23 new text begin passes, including but not limited to charging a fee to the charitable organization for any new text end 80.24 new text begin printing or production costs, restricting times of bus pass use to certain or nonpeak hours new text end 80.25 new text begin of operation, and establishing oversight and auditing of the charitable organization with new text end 80.26 new text begin regard to bus pass distribution and use. new text end 80.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.28    Sec. 112. Minnesota Statutes 2006, section 609.531, subdivision 1, is amended to read: 80.29    Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the 80.30following terms have the meanings given them. 80.31    (a) "Conveyance device" means a device used for transportation and includes, but 80.32is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any 81.1equipment attached to it. The term "conveyance device" does not include property which 81.2is, in fact, itself stolen or taken in violation of the law. 81.3    (b) "Weapon used" means a dangerous weapon as defined under section 609.02, 81.4subdivision 6 , that the actor used or had in possession in furtherance of a crime. 81.5    (c) "Property" means property as defined in section 609.52, subdivision 1, clause (1). 81.6    (d) "Contraband" means property which is illegal to possess under Minnesota law. 81.7    (e) "Appropriate agency" means the Bureau of Criminal Apprehension, the 81.8Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a 81.9county sheriff's department, the Three Rivers Park District park rangers, the Department 81.10of Natural Resources Division of Enforcement, the University of Minnesota Police 81.11Department, the Department of Corrections' Fugitive Apprehension Unit, or a city new text begin , new text end 81.12 new text begin metropolitan transit, new text end or airport police department. 81.13    (f) "Designated offense" includes: 81.14    (1) for weapons used: any violation of this chapter, chapter 152, or chapter 624; 81.15    (2) for driver's license or identification card transactions: any violation of section 81.16171.22 ; and 81.17    (3) for all other purposes: a felony violation of, or a felony-level attempt or 81.18conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.21; 81.19609.221 ; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 81.20609.283 ; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, 81.21clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j); 609.345, 81.22subdivision 1 , clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466; 81.23609.485 ; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 81.24609.562 ; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, subdivision 1e; 609.671, 81.25subdivisions 3, 4, 5, 8, and 12 ; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 81.26609.893 ; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of 81.27section 609.891 or 624.7181; or any violation of section 609.324. 81.28    (g) "Controlled substance" has the meaning given in section 152.01, subdivision 4. 81.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 81.30    Sec. 113. Laws 2005, First Special Session chapter 1, article 4, section 39, the effective 81.31date, is amended to read: 81.32EFFECTIVE DATE.This section is effective the latter of August 1, 2006, or the 81.33date on which the commissioner determines that building permits have been issued for 81.34the construction of a new pulp and paper manufacturing facility at Grand Rapids new text begin on the new text end 81.35 new text begin effective date of 2007 House File 1351, article 1, sections 58 and 59, as amended new text end . 82.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 82.2    Sec. 114. Laws 2008, chapter 152, article 6, section 7, is amended to read: 82.3    Sec. 7. [398A.10] TRANSIT FUNDING. 82.4    Subdivision 1. Capital costs. A county regional railroad authority may not 82.5contribute more than ten percent of the capital costs of a light rail transit or commuter rail 82.6project. new text begin This subdivision does not apply to a light rail transit project for which a county new text end 82.7 new text begin regional railroad authority commits to providing an amount greater than ten percent of new text end 82.8 new text begin the capital costs, if the commitment (1) is made before October 2, 2008, (2) is made as new text end 82.9 new text begin part of an application for federal funds, and (3) is adjusted by the county regional railroad new text end 82.10 new text begin authority to meet the requirements of this subdivision as part of the next scheduled federal new text end 82.11 new text begin funding application for the project. new text end 82.12    Subd. 2. Operating and maintenance costs. A county regional railroad authority 82.13may not contribute any funds to pay the operating and maintenance costs for a light rail 82.14transit or commuter rail project. If a county regional railroad authority is contributing 82.15funds for operating and maintenance costs on a light rail transit or commuter rail project 82.16on the date of the enactment of this act, the authority may continue to contribute funds 82.17for these purposes until January 1, 2009. 82.18    Subd. 3. Application. This section only applies if new text begin to new text end a county new text begin that new text end has imposed the 82.19metropolitan transportation sales and use tax under section 297A.992. 82.20EFFECTIVE DATE.This section is effective the day after the metropolitan 82.21transportation area sales tax is imposed under Minnesota Statutes, section 297A.992, 82.22subdivision 2 . new text begin This section is effective July 1, 2008. new text end 82.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 82.24    Sec. 115. new text begin LEGISLATIVE INTENT CONCERNING TRUCK WEIGHT new text end 82.25 new text begin INCREASES. new text end 82.26     new text begin It is the intent of the legislature to study, during the 2010 legislative session, the new text end 82.27 new text begin effects of the sections in this chapter that increase allowable size, weight, or load limits on new text end 82.28 new text begin state or local roads or bridges, and to modify statutes as necessary to achieve the goals of new text end 82.29 new text begin promoting mobility while protecting infrastructure. new text end 82.30    Sec. 116. new text begin CULKIN SAFETY REST AREA. new text end 82.31     new text begin The commissioner of transportation shall reopen without delay the Culkin safety rest new text end 82.32 new text begin area, located on marked Interstate Highway 35. new text end 83.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 83.2    Sec. 117. new text begin REAL ID. new text end 83.3     new text begin (a) The commissioner of public safety may not expend any state funds to implement new text end 83.4 new text begin or comply with the Real ID Act of 2005, Public Law 109-13, unless: new text end 83.5     new text begin (1) the implementation or compliance with the Real ID Act is in all respects new text end 83.6 new text begin consistent with the requirements of paragraph (b); and new text end 83.7     new text begin (2) federal funds are appropriated by Congress and designated for the state of new text end 83.8 new text begin Minnesota and are: new text end 83.9     new text begin (i) appropriated to fund the implementation of Real ID Act in this state; and new text end 83.10     new text begin (ii) in amounts sufficient to fund 95 percent of the costs of the state implementing or new text end 83.11 new text begin complying with the Real ID Act of 2005. new text end 83.12     new text begin (b) Before issuing a driver's license or state identification card that complies with new text end 83.13 new text begin the requirements of the Real ID Act of 2005, Public Law 109-13, and before storing new text end 83.14 new text begin or including data about Minnesota state residents in any database, records facility, or new text end 83.15 new text begin computer system that meets the requirements of the Real ID Act of 2005, the Department new text end 83.16 new text begin of Public Safety shall certify to the chairs and ranking minority members of the senate new text end 83.17 new text begin and house of representatives committees with jurisdiction over transportation policy new text end 83.18 new text begin and finance that the driver's license, state identification card, database, records facility, new text end 83.19 new text begin computer system, and the department's personnel screening and training procedures: new text end 83.20     new text begin (1) include reasonable security measures to protect the privacy of Minnesota state new text end 83.21 new text begin residents; new text end 83.22     new text begin (2) include reasonable safeguards to protect against unauthorized disclosure of new text end 83.23 new text begin data; and new text end 83.24     new text begin (3) do not place unreasonable costs or record-keeping burdens on driver's license or new text end 83.25 new text begin state identification card applicants. new text end 83.26     new text begin (c) Nothing in this section prevents the commissioner from enhancing the security new text end 83.27 new text begin features of Minnesota's driver's licenses or state identification cards. new text end 83.28    Sec. 118. new text begin CREDIT CARD PAYMENT STUDY; PROPOSAL. new text end 83.29     new text begin (a) By February 1, 2009, the commissioner of public safety shall submit a proposal new text end 83.30 new text begin to the chairs and ranking minority members of the senate and house of representatives new text end 83.31 new text begin committees with jurisdiction over transportation finance. The proposal must identify a new text end 83.32 new text begin method that allows the Department of Public Safety, its deputy registrars, and driver's new text end 83.33 new text begin license agents to collect by credit or debit card, motor vehicle registration taxes under new text end 83.34 new text begin Minnesota Statutes, section 168.013; motor vehicle certificates of title and related new text end 83.35 new text begin document fees under Minnesota Statutes, section 168A.29; motor vehicle sales tax under new text end 84.1 new text begin Minnesota Statutes, sections 297B.02 and 297B.025; and driver's license and Minnesota new text end 84.2 new text begin identification card fees under Minnesota Statutes, section 171.06. new text end 84.3     new text begin (b) The proposal must identify the total estimated statewide cost of the processing new text end 84.4 new text begin fees paid to either a vendor, financial institution, or credit card company. The proposal new text end 84.5 new text begin must consider options to finance the acceptance fees through either (1) state fee increases new text end 84.6 new text begin necessary to finance (i) the costs of credit and debit card processing fees paid to a new text end 84.7 new text begin processing vendor, (ii) the administrative costs of the department to implement the new text end 84.8 new text begin acceptance of credit and debit cards, including hardware and software costs of the new text end 84.9 new text begin department, its deputy registrars, and agents, and (iii) associated ongoing administrative new text end 84.10 new text begin cost increases, or (2) an agreement with a vendor that allows the addition of a convenience new text end 84.11 new text begin fee to each transaction to be paid directly by customers who choose to utilize credit or new text end 84.12 new text begin debit cards. new text end 84.13     new text begin (c) The commissioner of public safety, with the assistance of the commissioners of new text end 84.14 new text begin finance and administration, shall develop a request for proposals from vendors, to be new text end 84.15 new text begin issued by January 1, 2010, to implement the acceptance of credit and debit payments by new text end 84.16 new text begin the Department of Public Safety, its deputy registrars, and agents. The department shall new text end 84.17 new text begin consult deputy registrars and driver's license agents in developing the request for proposals. new text end 84.18    Sec. 119. new text begin STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS. new text end 84.19     new text begin (a) The commissioner of transportation shall conduct a study in consultation with new text end 84.20 new text begin other state agencies and key stakeholders to evaluate the current and long-range needs of new text end 84.21 new text begin the state's transportation system, and investigate possible strategies to meet these needs. new text end 84.22     new text begin (b) The study must include, but is not limited to: new text end 84.23     new text begin (1) evaluation of the current needs of the state's highway systems, bridges, and new text end 84.24 new text begin transit; new text end 84.25     new text begin (2) analysis and quantification of the needs for the next 20 years of the state's new text end 84.26 new text begin highway systems, bridges, and transit; new text end 84.27     new text begin (3) comparison of estimates of revenues raised by current transportation funding new text end 84.28 new text begin sources, with long-term needs of the state's transportation system; new text end 84.29     new text begin (4) identification of options for maintenance and improvement of the state's new text end 84.30 new text begin transportation system with specific reference to the effects of potential increases in vehicle new text end 84.31 new text begin fuel economy, availability of alternative modes of transportation, and extreme fuel price new text end 84.32 new text begin volatility on future transportation revenues; new text end 84.33     new text begin (5) analysis of alternative pricing options utilized in other states and countries, new text end 84.34 new text begin and their potential for use, public acceptance, alleviation of congestion, and revenue new text end 84.35 new text begin generation in this state; and new text end 85.1     new text begin (6) identification of options for road-use pricing, other alternative financing new text end 85.2 new text begin mechanisms with particular consideration of key environmental impacts such as air new text end 85.3 new text begin quality, water quality, and greenhouse gas emissions, and estimates of implementation new text end 85.4 new text begin costs, user costs, and revenue. new text end 85.5     new text begin (c) The commissioner shall report the results of the study to the legislature no later new text end 85.6 new text begin than November 1, 2009. new text end 85.7    Sec. 120. new text begin STUDY AND REPORT ON SPEED LIMITS. new text end 85.8     new text begin The commissioner of transportation shall report to the chairs and ranking minority new text end 85.9 new text begin members of the legislative committees with jurisdiction over transportation and local new text end 85.10 new text begin government by January 30, 2009, on speed limits on local roads. The commissioner shall new text end 85.11 new text begin consult with local governments and solicit input from local governments before issuing new text end 85.12 new text begin the report. The report must include, at a minimum: new text end 85.13     new text begin (1) whether the current statutory speed limit of 30 miles per hour in urban districts new text end 85.14 new text begin and rural residential districts is appropriate, or if there are locations where the appropriate new text end 85.15 new text begin speed limit is 25 miles per hour; new text end 85.16     new text begin (2) whether the current statutory speed limit of 55 miles per hour in rural residential new text end 85.17 new text begin districts within a city is appropriate, or if there are locations where the appropriate speed new text end 85.18 new text begin limit is 30 miles per hour; and new text end 85.19     new text begin (3) whether the current definitions of urban district, rural residential district, and new text end 85.20 new text begin residential roadway are appropriate, or whether and how they should be changed. new text end 85.21    Sec. 121. new text begin RAIL TRANSIT FEASIBILITY STUDY. new text end 85.22     new text begin The Metropolitan Council may conduct a study of the feasibility of the use of light new text end 85.23 new text begin rail or commuter rail transit in a corridor aligned on marked Interstate Highway 394 or new text end 85.24 new text begin between marked Interstate Highway 394 and marked Trunk Highway 55, from downtown new text end 85.25 new text begin Minneapolis to Ridgedale Drive in Minnetonka, with the alternative of extending to new text end 85.26 new text begin Wayzata. The study must include consideration of the feasibility of combining the new text end 85.27 new text begin Southwest Rail Transit Corridor with the Interstate Highway 394 Corridor between new text end 85.28 new text begin downtown Minneapolis and a point of divergence west of downtown. The Metropolitan new text end 85.29 new text begin Council may hire a consultant to assist in the study and report. new text end 85.30    Sec. 122. new text begin REPORT ON INTERNET-BASED DRIVER EDUCATION. new text end 85.31     new text begin The commissioner of public safety shall submit a report on Internet-based driver new text end 85.32 new text begin education for the instruction permit component by February 15, 2009, to the chairs and new text end 85.33 new text begin ranking minority members of the house of representatives and senate committees having new text end 85.34 new text begin jurisdiction over transportation finance and policy. The report must review and analyze new text end 86.1 new text begin current findings and studies on the feasibility, effectiveness, and impacts of Internet-based new text end 86.2 new text begin driver education programs for the instruction permit component, including program new text end 86.3 new text begin effectiveness for persons under age 18. new text end 86.4    Sec. 123. new text begin NULLIFICATION OF EXPEDITED TOWN ROAD new text end 86.5 new text begin EXTINGUISHMENT. new text end 86.6     new text begin (a) Any extinguishment of town interest in a town road under Minnesota Statutes, new text end 86.7 new text begin section 164.06, subdivision 2, is hereby nullified if: new text end 86.8     new text begin (1) the interest was not recorded or filed with the county recorder but was recorded new text end 86.9 new text begin or filed with the county auditor prior to 1972; new text end 86.10     new text begin (2) the state or a political subdivision has constructed a road or bridge improvement new text end 86.11 new text begin on a right-of-way affected by the interest; new text end 86.12     new text begin (3) the affected road was the only means of access to a property; new text end 86.13     new text begin (4) the extinguishment took place within the last ten years; and new text end 86.14     new text begin (5) a person whose only access to property was lost because of the extinguishment new text end 86.15 new text begin files a petition of a nullification with the town board stating that the person's property new text end 86.16 new text begin became landlocked because of the extinguishment and that the road satisfies all of the new text end 86.17 new text begin requirements of paragraph (a), clauses (1) to (4). A copy of the road order found filed or new text end 86.18 new text begin recorded with the county auditor must be attached to the petition. The town shall file the new text end 86.19 new text begin petition with the county auditor and record it with the county recorder. new text end 86.20     new text begin (b) Notwithstanding Minnesota Statutes, sections 164.08, subdivision 1, and new text end 86.21 new text begin 541.023, for any nullification under paragraph (a), the affected road is hereby deemed to new text end 86.22 new text begin be a cartway. No additional damages or other payments may be required other than those new text end 86.23 new text begin paid at the time the fee interest was originally acquired and the order filed with the county new text end 86.24 new text begin auditor. A cartway created by this paragraph may be converted to a private driveway new text end 86.25 new text begin under Minnesota Statutes, section 164.08, subdivision 2. new text end 86.26     new text begin (c) For purposes of this section, "affected road" means the road in which the town new text end 86.27 new text begin board extinguished its interest. new text end 86.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 86.29    Sec. 124. new text begin WILLMAR AIRPORT. new text end 86.30     new text begin (a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner new text end 86.31 new text begin of transportation may enter into an agreement with the city of Willmar to allow funds new text end 86.32 new text begin granted by the state to the city for land acquisition purposes at its former airport to instead new text end 86.33 new text begin be used by June 30, 2012, as the state's share of funds for aeronautical purposes at the new text end 86.34 new text begin city's new airport. new text end 87.1     new text begin (b) Funds not spent pursuant to paragraph (a) by June 30, 2012, must be paid to the new text end 87.2 new text begin commissioner of transportation and deposited in the state airports fund. new text end 87.3    Sec. 125. new text begin AIRPORT ZONING EXCEPTION. new text end 87.4     new text begin (a) Notwithstanding any other law, rule, or ordinance to the contrary, the new text end 87.5 new text begin Eveleth-Virginia Municipal Airport Board of Adjustment must grant a variance to a new text end 87.6 new text begin property owner who resides in Safety Zone A of the Eveleth-Virginia Municipal Airport new text end 87.7 new text begin for the construction of, reconstruction of, remodeling of, or expansion of a structure in new text end 87.8 new text begin accordance with St. Louis County Ordinance 46, provided that the structure must not new text end 87.9 new text begin exceed the height restrictions imposed by the airport ordinance. new text end 87.10     new text begin (b) Notwithstanding any other law, rule, or ordinance to the contrary, Safety Zone A new text end 87.11 new text begin of the Eveleth-Virginia Municipal Airport shall not include any residential building lot new text end 87.12 new text begin riparian to the east shore of St. Mary's Lake, St. Louis County provided such residential new text end 87.13 new text begin building lot was in existence on January 1, 1978. new text end 87.14    Sec. 126. new text begin REPEALER. new text end 87.15 new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, 3a, 4, 5, and 6; new text end 87.16 new text begin 221.601; and 221.602, new text end new text begin are repealed. new text end 87.17 new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 168A.05, subdivision 5a; and 325E.0951, new text end 87.18 new text begin subdivision 3a, new text end new text begin are repealed. new text end 87.19 new text begin (c) Minnesota Statutes 2006, sections 473.1465; and 473.3994, subdivision 13, new text end new text begin are new text end 87.20 new text begin repealed. new text end 87.21 new text begin (d) new text end new text begin Laws 1999, chapter 230, section 44, new text end new text begin is repealed. new text end 87.22 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (a) is effective the day following final enactment. new text end 87.23    Sec. 127. new text begin APPLICATION. new text end 87.24     new text begin Sections 95 to 112 apply in the counties of Anoka, Carver, Dakota, Hennepin, new text end 87.25 new text begin Ramsey, Scott, and Washington. new text end 87.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 87.27ARTICLE 2 87.28REGISTRATION PLATES 87.29    Section 1. Minnesota Statutes 2006, section 168.10, subdivision 1a, is amended to read: 87.30    Subd. 1a. Collector's vehicle, pioneer license new text begin plate new text end . (a) Any motor vehicle 87.31manufactured prior to 1936 and owned and operated solely as a collector's item shall be 87.32listed for taxation and registration as follows: An affidavit shall be executed stating the 88.1name and address of the owner, the name and address of the person from whom purchased, 88.2the make of the motor vehicle, year and number of the model, the manufacturer's 88.3identification number and that the vehicle is owned and operated solely as a collector's 88.4item and not for general transportation purposes. If the registrar new text begin commissioner new text end is satisfied 88.5that the affidavit is true and correct and the owner pays a $25 tax new text begin and the plate fee new text end 88.6 new text begin authorized under section 168.12 new text end , the registrar new text begin commissioner new text end shall list such vehicle for 88.7taxation and registration and shall issue a single number plate. 88.8    (b) The number plate so issued shall bear the inscription "Pioneer," "Minnesota" 88.9and the registration number or other combination of characters authorized under section 88.10168.12, subdivision 2a , but no date. The number plate is valid without renewal as long 88.11as the vehicle is in existence new text begin in Minnesota new text end . The registrar new text begin commissioner new text end has the power to 88.12revoke said plate for failure to comply with this subdivision. 88.13    Sec. 2. Minnesota Statutes 2006, section 168.10, subdivision 1b, is amended to read: 88.14    Subd. 1b. Collector's vehicle, classic car license new text begin plate new text end . (a) Any motor vehicle 88.15manufactured between and including the years 1925 and 1948, and designated by the 88.16registrar of motor vehicles new text begin commissioner new text end as a classic car because of its fine design, high 88.17engineering standards, and superior workmanship, and owned and operated solely as a 88.18collector's item shall be listed for taxation and registration as follows: An affidavit shall be 88.19executed stating the name and address of the owner, the name and address of the person 88.20from whom purchased, the make of the motor vehicle, year and number of the model, the 88.21manufacturer's identification number and that the vehicle is owned and operated solely as a 88.22collector's item and not for general transportation purposes. If the registrar new text begin commissioner new text end 88.23is satisfied that the affidavit is true and correct and that the motor vehicle qualifies to 88.24be classified as a classic car, and the owner pays a $25 tax new text begin and the plate fee authorized new text end 88.25 new text begin under section 168.12 new text end , the registrar new text begin commissioner new text end shall list such vehicle for taxation and 88.26registration and shall issue a single number plate. 88.27    (b) The number plate so issued shall bear the inscription "Classic Car," "Minnesota," 88.28and the registration number or other combination of characters authorized under section 88.29168.12, subdivision 2a , but no date. The number plate is valid without renewal as long 88.30as the vehicle is in existence new text begin in Minnesota new text end . The registrar new text begin commissioner new text end has the power to 88.31revoke said plate for failure to comply with this subdivision. 88.32    (c) The following cars built between and including 1925 and 1948 are classic: 88.33 A.C. 88.34 Adler 89.1 Alfa Romeo 89.2 Alvis Speed 20, 25, and 4.3 litre. 89.3 Amilcar 89.4 Aston Martin 89.5 Auburn All 8-cylinder and 12-cylinder models. 89.6 Audi 89.7 Austro-Daimler 89.8 Avions Voisin 12 89.9 Bentley 89.10 Blackhawk 89.11 B.M.W. Models 327, 328, and 335 only. 89.12 Brewster (Heart-front Ford) 89.13 Bugatti 89.14 Buick 1931 through 1942: series 90 only. 89.15 Cadillac All 1925 through 1935. 89.16 All 12's and 16's. 89.17 1936-1948: Series 63, 65, 67, 89.18 70, 72, 75, 80, 85 and 90 only. 89.19 1938-1947: 60 special only. 89.20 1940-1947: All 62 Series. 89.21 Chrysler 1926 through 1930: Imperial 80. 89.22 1929: Imperial L. 89.23 1931 through 1937: Imperial Series CG, 89.24 CH, CL, and CW. 89.25 All Newports and Thunderbolts. 89.26 1934 CX. 89.27 1935 C-3. 89.28 1936 C-11. 89.29 1937 through 1948: Custom Imperial, 89.30 Crown Imperial Series C-15, C-20, C-24, 90.1 C-27, C-33, C-37, and C-40. 90.2 Cord 90.3 Cunningham 90.4 Dagmar Model 25-70 only. 90.5 Daimler 90.6 Delage 90.7 Delahaye 90.8 Doble 90.9 Dorris 90.10 Duesenberg 90.11 du Pont 90.12 Franklin All models except 1933-34 Olympic Sixes. 90.13 Frazer Nash 90.14 Graham 1930-1931: Series 137. 90.15 Graham-Paige 1929-1930: Series 837. 90.16 Hispano Suiza 90.17 Horch 90.18 Hotchkiss 90.19 Invicta 90.20 Isotta Fraschini 90.21 Jaguar 90.22 Jordan Speedway Series 'Z' only. 90.23 Kissel 1925, 1926 and 1927: Model 8-75. 90.24 1928: Model 8-90, and 8-90 White Eagle. 90.25 1929: Model 8-126, and 8-90 White Eagle. 90.26 1930: Model 8-126. 90.27 1931: Model 8-126. 90.28 Lagonda 90.29 Lancia 90.30 La Salle 1927 through 1933 only. 91.1 Lincoln All models K, L, KA, and KB. 91.2 1941: Model 168H. 91.3 1942: Model 268H. 91.4 Lincoln Continental 1939 through 1948. 91.5 Locomobile All models 48 and 90. 91.6 1927: Model 8-80. 91.7 1928: Model 8-80. 91.8 1929: Models 8-80 and 8-88. 91.9 Marmon All 16-cylinder models. 91.10 1925: Model 74. 91.11 1926: Model 74. 91.12 1927: Model 75. 91.13 1928: Model E75. 91.14 1931: Model 88, and Big 8. 91.15 Maybach 91.16 McFarlan 91.17 Mercedes Benz All models 2.2 litres and up. 91.18 Mercer 91.19 M.G. 6-cylinder models only. 91.20 Minerva 91.21 Nash 1931: Series 8-90. 91.22 1932: Series 9-90, 91.23 Advanced 8, and Ambassador 8. 91.24 1933-1934: Ambassador 8. 91.25 Packard 1925 through 1934: All models. 91.26 1935 through 1942: Models 1200, 91.27 1201, 1202, 1203, 1204, 1205, 1207, 91.28 1208, 1400, 1401, 1402, 1403, 1404, 91.29 1405, 1407, 1408, 1500, 1501, 1502, 91.30 1506, 1507, 1508, 1603, 1604, 1605, 92.1 1607, 1608, 1705, 1707, 1708, 1806, 92.2 1807, 1808, 1906, 1907, 1908, 2006, 92.3 2007, and 2008 only. 92.4 1946 and 1947: Models 2106 and 92.5 2126 only. 92.6 Peerless 1926 through 1928: Series 69. 92.7 1930-1931: Custom 8. 92.8 1932: Deluxe Custom 8. 92.9 Pierce Arrow 92.10 Railton 92.11 Renault Grand Sport model only. 92.12 Reo 1930-1931: Royale Custom 8, and 92.13 Series 8-35 and 8-52 Elite 8. 92.14 1933: Royale Custom 8. 92.15 Revere 92.16 Roamer 1925: Series 8-88, 6-54e, and 4-75. 92.17 1926: Series 4-75e, and 8-88. 92.18 1927-1928: Series 8-88. 92.19 1929: Series 8-88, and 8-125. 92.20 1930: Series 8-125. 92.21 Rohr 92.22 Rolls Royce 92.23 Ruxton 92.24 Salmson 92.25 Squire 92.26 Stearns Knight 92.27 Stevens Duryea 92.28 Steyr 92.29 Studebaker 1929-1933: President, except model 82. 92.30 Stutz 93.1 Sunbeam 93.2 Talbot 93.3 Triumph Dolomite 8 and Gloria 6. 93.4 Vauxhall Series 25-70 and 30-98 only. 93.5 Voisin 93.6 Wills Saint Claire 93.7    (d) No commercial vehicles such as hearses, ambulances, or trucks are considered 93.8to be classic cars. 93.9    Sec. 3. Minnesota Statutes 2006, section 168.10, subdivision 1c, is amended to read: 93.10    Subd. 1c. Collector's vehicle, collector plate. (a) The owner of any new text begin self-propelled new text end 93.11motor vehicle, including any truck, (1) that is (i) at least 20 model years old, or (ii) at 93.12least ten model years old and with a body or engine style of which not more than 500 93.13were manufactured in or imported into the United States in any model year, (2) that was 93.14manufactured after 1935, and (3) that is owned and operated solely as a collector's vehicle, 93.15shall list the vehicle for taxation and registration as provided in paragraph (b). 93.16    (b) The owner shall execute an affidavit stating (1) the name and address of the 93.17person from whom purchased and of the new owner, (2) the make of the motor vehicle, 93.18(3) the year and number of the model, (4) the manufacturer's identification number, (5) 93.19in the case of a vehicle described in paragraph (a), clause (1)(ii), that the vehicle has a 93.20body or engine style of which not more than 500 were manufactured or imported into the 93.21United States in any model year, and (6) that the vehicle is owned and operated solely as a 93.22collector's item and not for general transportation purposes. 93.23    (c) The owner shall provide a statement of the manufacturer or importer regarding 93.24the number of vehicles manufactured or imported during the model year. 93.25    (d) The owner shall also prove that the owner also has one or more vehicles with 93.26regular license plates. 93.27If the registrar new text begin commissioner new text end is satisfied that the affidavit is true and correct and the 93.28owner pays a $25 tax new text begin and the plate fee authorized under section 168.12 new text end , the registrar new text begin new text end 93.29 new text begin commissioner new text end shall list the vehicle for taxation and registration and shall issue a single 93.30number plate. 93.31    (e) The number plate issued shall bear the inscription "Collector," "Minnesota," 93.32and the registration number or other combination of characters authorized under section 93.33168.12, subdivision 2a , but no date. The number plate is valid without renewal as long 94.1as the vehicle is in existence new text begin in Minnesota new text end . The registrar new text begin commissioner new text end has the power to 94.2revoke the plate for failure to comply with this subdivision. 94.3    Sec. 4. Minnesota Statutes 2006, section 168.10, subdivision 1d, is amended to read: 94.4    Subd. 1d. Collector's vehicle, street rod license new text begin plate new text end . Any modernized motor 94.5vehicle manufactured prior to the year 1949 or designed and manufactured to resemble 94.6such vehicle shall be listed for taxation and registration as follows: 94.7    An affidavit shall be executed stating the name and address of the person from 94.8whom purchased and of the new owner, the make of the motor vehicle, year number of 94.9model, and the manufacturer's identification number. The affidavit shall further state that 94.10the vehicle is owned and operated solely as a street rod and not for general transportation 94.11purposes. The owner must also prove that the owner has one or more vehicles with regular 94.12license plates. If the registrar new text begin commissioner new text end is satisfied that the affidavit is true and 94.13correct and the owner pays a $25 tax new text begin and the plate fee authorized under section 168.12 new text end , 94.14the registrar new text begin commissioner new text end shall list such vehicle for taxation and registration and shall 94.15issue a single number plate. 94.16    The number plate issued shall bear the inscription "Street Rod", "Minnesota" and the 94.17registration number or other combination of characters authorized under section 168.12, 94.18subdivision 2a , but no date. The number plate is valid without renewal as long as the 94.19vehicle is in existence new text begin in Minnesota new text end . The registrar new text begin commissioner new text end has the power to revoke 94.20such plate for failure to comply with this subdivision. 94.21    Sec. 5. Minnesota Statutes 2006, section 168.10, subdivision 1g, is amended to read: 94.22    Subd. 1g. Original plates. A vehicle registered pursuant to subdivision 1a, 1b, 1c 94.23or 1d may in lieu of being issued number plates by the registrar new text begin commissioner new text end display 94.24original Minnesota number plates issued in the same year as the model year of the car 94.25on which they are displayed. The number of the original plates must be provided to the 94.26registrar new text begin commissioner new text end . The original plates must be in good condition and shall be used in 94.27pairs one to be displayed in the front of the car and one in the rear, except for an original 94.28plate issued in 1911, 1944, 1945, or 1946 which may be used singly and displayed at the 94.29rear of the vehicle. Original Minnesota number plates shall not be used if the number on 94.30the original plate is identical to a number on any current street rod plate or any other plate 94.31in a numbering system used by the registrar new text begin commissioner without written authorization new text end 94.32 new text begin from the commissioner new text end . Any person currently using plates issued pursuant to subdivision 94.331a, 1b, 1c or 1d shall return those plates to the registrar new text begin commissioner new text end before substituting 95.1original plates. The registrar may new text begin commissioner shall new text end charge a fee new text begin of $10 new text end for registering 95.2the number on original plates. 95.3    Sec. 6. Minnesota Statutes 2006, section 168.10, subdivision 1h, is amended to read: 95.4    Subd. 1h. Collector military vehicle. (a) A motor vehicle, including a truck, shall 95.5be listed and registered under this section if it meets the following conditions: 95.6    (1) it is at least 20 years old; 95.7    (2) its first owner following its manufacture was a branch of the armed forces of 95.8the United States and it presently conforms to the vehicle specifications required during 95.9the time of military ownership, or it has been restored and presently conforms to the 95.10specifications required by a branch of the armed forces for the model year that the restored 95.11vehicle could have been owned by that branch of the armed forces; and 95.12    (3) it is owned by a nonprofit organization and operated solely as a collector's 95.13vehicle. For purposes of this subdivision, "nonprofit organization" means a corporation, 95.14society, association, foundation, or institution organized and operated exclusively for 95.15historical or educational purposes, no part of the net earnings of which inures to the 95.16benefit of a private individual. 95.17    (b) The owner of the vehicle shall execute an affidavit stating the name and address 95.18of the person from whom purchased and of the new owner; the make, year, and model 95.19number of the motor vehicle; the manufacturer's identification number; and the collector 95.20military vehicle identification number, if any, located on the exterior of the vehicle. The 95.21affidavit must affirm that the vehicle is owned by a nonprofit organization and is operated 95.22solely as a collector's item and not for general transportation purposes. If the registrar new text begin new text end 95.23 new text begin commissioner new text end is satisfied that the affidavit is true and correct and the owner pays a $25 95.24tax new text begin and the plate fee authorized under section 168.12 new text end , the registrar new text begin commissioner new text end shall 95.25list the vehicle for taxation and registration and shall issue number plates. The number 95.26plates shall bear the inscriptions "Collector" and "Minnesota" and the registration number, 95.27but no date. The number plates are valid without renewal as long as the vehicle is in 95.28existence new text begin in Minnesota new text end . The registrar new text begin commissioner new text end may revoke the plates for failure 95.29to comply with this subdivision. 95.30    (c) Notwithstanding section 168.09, 168.12, or other law to the contrary, the owner 95.31of a registered collector military vehicle is not required to display registration plates on the 95.32exterior of the vehicle if the vehicle has an exterior number identification that conforms to 95.33the identifying system for military vehicles in effect when the vehicle was last owned by 95.34the branch of the armed forces of the United States or in effect in the year to which the 96.1collector military vehicle has been restored. However, the state registration plates must be 96.2carried in or on the collector military vehicle at all times. 96.3    (d) The owner of a registered collector military vehicle that is not required to display 96.4registration plates under paragraph (c) may tow a registered trailer behind it. The trailer 96.5is not required to display registration plates if the trailer: 96.6    (1) does not exceed a gross weight of 15,000 pounds; 96.7    (2) otherwise conforms to registration, licensing, and safety laws and specifications; 96.8    (3) conforms to military specifications for appearance and identification; 96.9    (4) is intended to represent and does represent a military trailer; and 96.10    (5) carries registration plates on or in the trailer or the collector military vehicle 96.11towing the trailer. 96.12    Sec. 7. Minnesota Statutes 2006, section 168.10, subdivision 1i, is amended to read: 96.13    Subd. 1i. Collector plate transfer. Notwithstanding section 168.12, subdivision 1, 96.14on payment of a transfer fee of $5, plates issued under this section may be transferred to 96.15another vehicle owned or jointly owned by the person to whom the special plates were 96.16issued or the plate may be assigned to another owner. In addition to the transfer fee a new 96.17owner must pay the $25 plate tax or new text begin and new text end any fee required by section 168.12, subdivision 96.182a . The $5 fee must be paid into the state treasury and credited to the highway user tax 96.19distribution fund. License plates issued under this section may not be transferred to a 96.20vehicle not eligible for the collector's vehicle license plates. 96.21    Sec. 8. Minnesota Statutes 2006, section 168.12, subdivision 1, is amended to read: 96.22    Subdivision 1. Plates; design, visibility, periods of issuance. (a) The commissioner, 96.23upon approval and payment, shall issue to the applicant the plates required by this chapter, 96.24bearing the state name and an assigned vehicle registration number. The number assigned 96.25by the commissioner may be a combination of a letter or sign with figures. The color of the 96.26plates and the color of the abbreviation of the state name and the number assigned must 96.27be in marked contrast. The plates must be lettered, spaced, or distinguished to suitably 96.28indicate the registration of the vehicle according to the rules of the commissioner. 96.29    (b) When a vehicle is registered on the basis of total gross weight, the plates issued 96.30must clearly indicate by letters or other suitable insignia the maximum gross weight 96.31for which the tax has been paid. 96.32    (c) The plates must be so treated as to be at least 100 times brighter than the 96.33conventional painted number plates. When properly mounted on an unlighted vehicle, the 97.1plates, when viewed from a vehicle equipped with standard headlights, must be visible for 97.2a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet. 97.3    (d) The commissioner shall issue plates for the following periods: 97.4    (1) New plates issued pursuant to section 168.012, subdivision 1, must be issued to a 97.5vehicle for as long as the vehicle is owned by the exempt agency and the plate shall not be 97.6transferable from one vehicle to another but the plate may be transferred with the vehicle 97.7from one tax-exempt agency to another. 97.8    (2) Plates issued for passenger automobiles must be issued for a seven-year period. 97.9All plates issued under this paragraph must be replaced if they are seven years old or older 97.10at the time of registration renewal or will become so during the registration period. 97.11    (3) Plates issued under sections 168.053 and 168.27, subdivisions 16 and 17, must 97.12be for a seven-year period. 97.13    (4) Plates issued under subdivisions 2c and 2d and section 168.123 must be issued 97.14for the life of the veteran under section 169.79. 97.15    (5) Plates for any vehicle not specified in clauses (1) to (3), except for trailers as 97.16hereafter provided, must be issued for the life of the vehicle. Beginning with plates issued 97.17for the year 1981, plates issued for trailers with a total gross weight of 3,000 pounds or 97.18less must be issued for the life of the trailer and must be not more than seven inches in 97.19length and four inches in width. 97.20    (e) In a year in which plates are not issued, the commissioner shall issue for each 97.21registration a sticker to designate the year of registration. This sticker must show the year 97.22or years for which the sticker is issued, and is valid only for that period. The plates and 97.23stickers issued for a vehicle may not be transferred to another vehicle during the period 97.24for which the sticker is issued, except when issued for a vehicle registered under section 97.25168.187 . 97.26    (f) Despite any other provision of this subdivision, plates issued to a vehicle used 97.27for behind-the-wheel instruction in a driver education course in a public school may 97.28be transferred to another vehicle used for the same purpose without payment of any 97.29additional fee. The public school shall notify the commissioner of each transfer of plates 97.30under this paragraph. The commissioner may prescribe a format for notification. 97.31    Sec. 9. Minnesota Statutes 2006, section 168.12, subdivision 2, is amended to read: 97.32    Subd. 2. Amateur radio licensee; special plates, rules. (a) The commissioner shall 97.33issue amateur radio plates to an applicant who: 97.34    (1) is an owner of a passenger automobile or recreational motor vehicle; 97.35    (2) is a resident of this state; 98.1    (3) holds an official amateur radio station license or a citizens radio service class D 98.2license, in good standing, issued by the Federal Communications Commission; 98.3    (4) pays the registration tax required under section 168.013; 98.4    (5) pays a fee of $10 for each set of special plates and any other fees required by 98.5this chapter; and 98.6    (6) complies with this chapter and rules governing the registration of motor vehicles 98.7and licensing of drivers; 98.8    (b) In lieu of the registration number required for identification under subdivision 1, 98.9the plates must indicate the official amateur call letters of the applicant, as assigned by the 98.10Federal Communications Commission, and the words "AMATEUR RADIO." 98.11    (c) This provision for the issue of special plates applies only if the applicant's motor 98.12vehicle is already registered in Minnesota so that the applicant has valid regular Minnesota 98.13plates issued for that motor vehicle under which to operate it during the time that it will 98.14take to have the necessary special plates made. 98.15    (d) If owning more than one motor vehicle of the type specified in this subdivision, 98.16the applicant may apply for special plates for each of not more than two motor vehicles new text begin new text end 98.17 new text begin motor vehicle new text end and, if each application complies with this subdivision, the commissioner 98.18shall furnish the applicant with the special plates, indicating the official amateur call 98.19letters and other distinguishing information as the commissioner considers necessary, for 98.20each of the two motor vehicles. 98.21    (e) The commissioner may make reasonable rules governing the use of the special 98.22plates as will assure the full compliance by the owner of the special plates, with all existing 98.23laws governing the registration of motor vehicles and the transfer and use of the plates. 98.24    (f) Despite any contrary provision of subdivision 1, the special plates issued under 98.25this subdivision may be transferred by an owner to another motor vehicle listed in 98.26paragraph (a) and registered to the same owner, upon the payment of a fee of $5. The 98.27commissioner must be notified before the transfer and may prescribe a format for the 98.28notification. 98.29    Sec. 10. Minnesota Statutes 2006, section 168.12, subdivision 2a, is amended to read: 98.30    Subd. 2a. Personalized plates; rules. (a) The commissioner shall new text begin may new text end issue 98.31personalized plates or, if requested for special plates issued under section 168.123 for 98.32veterans, 168.124 for medal of honor recipients, or 168.125 for former prisoners of war, 98.33applicable personalized special veterans plates, to an applicant who: 98.34    (1) is an owner of a passenger automobile including a passenger automobile 98.35registered as a classic car, pioneer car, collector car, or street rod; any truck with a 99.1manufacturer's nominal rated capacity of one ton or less and resembling a pickup truck; a 99.2motorcycle, including a classic motorcycle; new text begin a motorized bicycle; a commuter van as new text end 99.3 new text begin defined in section 168.126; new text end or a recreational motor vehicle; 99.4    (2) pays a onetime fee of $100 and any other fees required by this chapter; 99.5    (3) pays the registration tax required by this chapter for the motor vehicle; and 99.6    (4) complies with this chapter and rules governing registration of motor vehicles 99.7and licensing of drivers. 99.8    (b) The commissioner shall charge a replacement fee for personalized license plates 99.9and personalized special veterans plates issued under section 168.123 as specified in 99.10subdivision 5. This fee must be paid by the applicant whenever the personalized plates are 99.11required to be replaced by law, except that as provided in section 168.124, subdivision 99.123 , and 168.125, subdivision 1b, no fee may be charged to replace plates issued under 99.13those sections. 99.14    (c) In lieu of the registration number assigned as provided in subdivision 1, 99.15personalized plates and personalized special veterans plates must have imprinted on them 99.16a series of not more than seven numbers and letters, or five numbers and letters for 99.17personalized special veterans plates, in any combination and, as applicable, satisfy the 99.18design requirements of section 168.123, 168.124, or 168.125. When an applicant has once 99.19obtained personalized plates or personalized special veterans plates, the applicant shall 99.20have a prior claim for similar personalized plates or personalized special veterans plates in 99.21the next succeeding year as long as current motor vehicle registration is maintained. 99.22    (d) The commissioner shall adopt rules in the manner provided by chapter 14, 99.23regulating the issuance and transfer of personalized plates and personalized special 99.24veterans plates. No words or combination of letters placed on these plates may be used 99.25for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a 99.26nature that would offend public morals or decency. The call signals or letters of a radio or 99.27television station are not commercial advertising for the purposes of this subdivision. 99.28    (e) Despite the provisions of subdivision 1, personalized plates and personalized 99.29special veterans plates issued under this subdivision may be transferred to another motor 99.30vehicle listed in paragraph (a) and owned by the applicant, upon the payment of a fee of $5. 99.31    (f) The commissioner may by rule specify the format for notification. 99.32    (g) A personalized plate or personalized special veterans plate issued for a classic 99.33car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred 99.34to a vehicle not eligible for such a plate. 99.35    (h) Despite any law to the contrary, if the personalized license plates are lost, stolen, 99.36or destroyed, the applicant may apply and must be issued duplicate license plates bearing 100.1the same combination of letters and numbers and the same design as (1) the former 100.2personalized plates or personalized special veterans plates under section 168.123 upon 100.3the payment of the fee required by section 168.29 or (2) the former personalized special 100.4veterans plates issued under section 168.124 or 168.125, without charge. 100.5    Sec. 11. Minnesota Statutes 2006, section 168.12, subdivision 2b, is amended to read: 100.6    Subd. 2b. Firefighters; special plates, rules. (a) The commissioner shall issue 100.7special plates, or a single license plate in the case of a motorcycle plate, to any applicant 100.8who: 100.9    (1) is both a member of a fire department receiving state aid under chapter 69 new text begin , new text end 100.10 new text begin has a letter from the fire chief, new text end and new text begin is new text end an owner of a passenger automobile, a truck with 100.11a manufacturer's nominal rated capacity of one ton and resembling a pickup truck, or 100.12a motorcycle; 100.13    (2) pays a fee of $10 and any other fees required by this chapter; 100.14    (3) pays the registration tax required by this chapter for the motor vehicle; and 100.15    (4) complies with this chapter and rules governing the registration of motor vehicles 100.16and licensing of drivers. 100.17    (b) In lieu of the identification required under subdivision 1, the special plates must 100.18bear an emblem of a Maltese Cross together with any numbers or characters prescribed 100.19by the commissioner. No applicant shall receive more than two sets of plates for motor 100.20vehicles owned by the applicant. 100.21    (c) Special plates issued under this subdivision may only be used during the period 100.22that the owner of the motor vehicle is a member of a fire department as specified in this 100.23subdivision. When the individual to whom the special plates were issued is no longer a 100.24member of a fire department or when the motor vehicle ownership is transferred, the 100.25owner shall remove the special plates from the motor vehicle. new text begin If the commissioner new text end 100.26 new text begin receives written notification that an individual is no longer qualified for these special new text end 100.27 new text begin plates, the commissioner shall invalidate the plates and notify the individual of this new text end 100.28 new text begin action. The individual may retain the plate only upon demonstrating compliance with the new text end 100.29 new text begin qualifications of this subdivision. new text end Upon removal new text begin or invalidation new text end of the special plates, or 100.30special motorcycle plate, either the owner or purchaser of the motor vehicle is entitled 100.31to receive regular plates or a regular motorcycle plate for the motor vehicle without cost 100.32for the remainder of the registration period for which the special plate or plates were 100.33issued new text begin shall obtain regular plates or a regular motorcycle plate for the proper registration new text end 100.34 new text begin classification for the motor vehicle new text end . 101.1    (d) A special motorcycle license plate issued under this subdivision must be the 101.2same size as a standard motorcycle license plate. 101.3    (e) Upon payment of a fee of $5, plates issued under this subdivision for a passenger 101.4automobile or truck may be transferred to another passenger automobile or truck owned 101.5or jointly owned by the person to whom the plates were issued. On payment of a fee of 101.6$5, a plate issued under this subdivision for a motorcycle may be transferred to another 101.7motorcycle owned or jointly owned by the person to whom the plate was issued. 101.8    (f) The commissioner may adopt rules under the Administrative Procedure Act, 101.9sections 14.001 to 14.69, to govern the issuance and use of the special plates authorized 101.10in this subdivision. 101.11    Sec. 12. Minnesota Statutes 2006, section 168.12, subdivision 2c, is amended to read: 101.12    Subd. 2c. National Guard; special plates, rules. (a) The commissioner shall 101.13issue special plates to any applicant who: 101.14    (1) is a regularly enlisted, commissioned, or retired member of the Minnesota 101.15National Guard, other than an inactive member who is not a retired member, and is an 101.16owner of a passenger automobile; 101.17    (2) pays a fee of $10 and any other fees required by this chapter; 101.18    (3) pays the registration tax required by this chapter; and 101.19    (4) complies with this chapter and rules governing the registration of motor vehicles 101.20and licensing of drivers. 101.21    (b) The adjutant general shall design the emblem for these special plates subject to 101.22the approval of the commissioner. 101.23    (c) An applicant must not be issued more than two sets of plates for motor vehicles 101.24registered to the applicant. 101.25    (d) new text begin (c) new text end Special plates issued under this subdivision may only be used during the 101.26period that the owner of the motor vehicle is an active or retired member of the Minnesota 101.27National Guard as specified in this subdivision. When the individual to whom the 101.28special plates were issued is no longer an active or retired member of the Minnesota 101.29National Guard, the special plates must be removed from the vehicle by the owner. new text begin If the new text end 101.30 new text begin commissioner receives written notification that an individual is no longer qualified for new text end 101.31 new text begin these special plates, the commissioner shall invalidate the plates and notify the individual new text end 101.32 new text begin of this action. The individual may retain the plate only upon demonstrating compliance new text end 101.33 new text begin with the qualifications of this subdivision. new text end Upon removal new text begin or invalidation new text end of the special 101.34plates, either the owner or purchaser of the motor vehicle is entitled to receive regular 102.1plates for the motor vehicle without cost for the remainder of the registration period for 102.2which the special plates were issued new text begin shall obtain regular plates for the motor vehicle new text end . 102.3    (e) new text begin (d) new text end While the person is an active or retired member of the Minnesota National 102.4Guard, plates issued pursuant to this subdivision may be transferred to another motor 102.5vehicle owned by that individual upon payment of a fee of $5. 102.6    (f) new text begin (e) new text end For purposes of this subdivision, "retired member" means an individual 102.7placed on the roll of retired officers or roll of retired enlisted members in the Office of the 102.8Adjutant General under section 192.18 and who is not deceased. 102.9    (g) new text begin (f) new text end The commissioner may adopt rules under the Administrative Procedure Act to 102.10govern the issuance and use of the special plates authorized by this subdivision. 102.11    Sec. 13. Minnesota Statutes 2006, section 168.12, subdivision 2d, is amended to read: 102.12    Subd. 2d. Ready Reserve; special plates, rules. (a) The commissioner shall issue 102.13special plates to an applicant who: 102.14    (1) is not eligible for special National Guard plates under subdivision 2c, is a 102.15member of the United States armed forces ready reserve as described in United States 102.16Code, title 10, section 10142 or 10143, new text begin or a retired reserve as described in United States new text end 102.17 new text begin Code, title 10, section 10154, new text end and is an owner of a passenger automobile; 102.18    (2) pays a fee of $10 and any other fees required by this chapter; 102.19    (3) pays the registration tax required by this chapter; and 102.20    (4) complies with this chapter and rules governing the registration of motor vehicles 102.21and licensing of drivers. 102.22    (b) The commissioner of veterans affairs shall design the emblem for these special 102.23plates subject to the approval of the commissioner. 102.24    (c) An applicant must not be issued more than two sets of plates for motor vehicles 102.25owned by the applicant. 102.26    (d) new text begin (c) new text end Special plates issued under this subdivision may only be used during the 102.27period that the owner of the motor vehicle is a member of the ready reserve. When the 102.28owner is no longer a member, the special plates must be removed from the motor vehicle 102.29by the owner. new text begin If the commissioner receives written notification that an individual is no new text end 102.30 new text begin longer qualified for these special plates, the commissioner shall invalidate the plates new text end 102.31 new text begin and notify the individual of this action. The individual may retain the plate only upon new text end 102.32 new text begin demonstrating compliance with the qualifications of this subdivision. new text end On removing new text begin new text end 102.33 new text begin removal or invalidation of new text end the special plates, either the owner or purchaser of the motor 102.34vehicle is entitled to receive regular plates for the motor vehicle without cost for the rest 102.35of the registration period for which the special plates were issued new text begin shall obtain regular new text end 103.1 new text begin plates for the motor vehicle new text end . While the owner is a member of the ready reserve, plates 103.2issued under this subdivision may be transferred to another motor vehicle owned by that 103.3individual on paying a fee of $5. 103.4    (e) new text begin (d) new text end The commissioner may adopt rules under the Administrative Procedure Act 103.5to govern the issuance and use of the special plates authorized by this subdivision. 103.6    Sec. 14. Minnesota Statutes 2006, section 168.12, subdivision 2e, is amended to read: 103.7    Subd. 2e. Volunteer ambulance attendants; special plates. (a) The commissioner 103.8shall issue special license plates to an applicant who: 103.9    (1) is a volunteer ambulance attendant as defined in section 144E.001, subdivision 103.1015 , and owns a motor vehicle taxed as a passenger automobile; 103.11    (2) pays the registration tax required by this chapter for the motor vehicle; 103.12    (3) pays a fee of $10 and any other fees required by this chapter; and 103.13    (4) complies with this chapter and rules governing the registration of motor vehicles 103.14and licensing of drivers. 103.15    (b) The commissioner shall not issue more than two sets of these plates to each 103.16qualified applicant. 103.17    (c) new text begin (b) new text end An individual may use special plates issued under this subdivision only during 103.18the period that the individual is a volunteer ambulance attendant. When the individual to 103.19whom the special plates were issued ceases to be a volunteer ambulance attendant, the 103.20individual shall remove each set of special plates issued. new text begin If the commissioner receives new text end 103.21 new text begin written notification that an individual is no longer qualified for these special plates, the new text end 103.22 new text begin commissioner shall invalidate the plates and notify the individual of this action. The new text end 103.23 new text begin individual may retain the plate only upon demonstrating compliance with the qualifications new text end 103.24 new text begin of this subdivision. new text end When ownership of the motor vehicle is transferred, the individual 103.25shall remove the special plates from that motor vehicle. On removal new text begin or invalidation new text end of 103.26each set of new text begin the special new text end plates, the owner new text begin or purchaser new text end of the motor vehicle, or new owner 103.27in case of a transferred motor vehicle, is entitled to receive regular plates for the motor 103.28vehicle without cost for the rest of the registration period for which the set of special 103.29plates were issued new text begin shall obtain regular plates for the motor vehicle new text end . Special plates issued 103.30under this subdivision may be transferred to another motor vehicle owned by the volunteer 103.31ambulance attendant on payment of a fee of $5. 103.32    (d) new text begin (c) new text end The commissioner may adopt rules governing the design, issuance, and sale 103.33of the special plates authorized by this subdivision." 103.34Delete the title and insert: 103.35"A bill for an act 104.1relating to transportation; modifying or adding provisions relating to agency 104.2duties and activities, eminent domain, highways and roads, commercial 104.3vehicles, signs, highway construction contracting, transportation research, bridge 104.4inspection, special mobile equipment, motor vehicles, vehicle registration and 104.5title, traffic regulations, towing, commercial motor vehicles, recreational vehicle 104.6combinations, parking violations, vehicle length and weight, vehicle permits, 104.7statewide transportation goals and plan, drivers' licenses and identification cards, 104.8pavement analysis, special transportation services, motor carriers, commercial 104.9vehicles and drivers, light rail transit and other transit services and facilities, 104.10and transit police; creating position of state rail inspector; requiring studies and 104.11reports; providing penalties; appropriating money;amending Minnesota Statutes 104.122006, sections 117.041, by adding a subdivision; 117.51; 117.52, subdivision 1a; 104.13160.02, subdivision 19, by adding a subdivision; 160.80; 161.14, subdivision 104.1418, by adding subdivisions; 161.32, subdivisions 1, 1b, 4; 161.53; 164.06, 104.15subdivision 2; 165.01; 165.03; 168.011, subdivision 22; 168.013, subdivision 1e; 104.16168.10, subdivisions 1a, 1b, 1c, 1d, 1g, 1h, 1i; 168.12, subdivisions 1, 2, 2a, 2b, 104.172c, 2d, 2e; 168.1255, by adding a subdivision; 168A.01, by adding a subdivision; 104.18168A.05, subdivisions 3, 5; 168A.10, subdivision 1; 168A.101; 168A.151, 104.19subdivision 1; 168A.153; 168B.04, subdivision 2; 169.01, subdivisions 4c, 19, 104.2020, 78, by adding subdivisions; 169.041, subdivisions 1, 2; 169.06, subdivision 104.215; 169.14, subdivision 2; 169.34; 169.471; 169.781; 169.782, subdivision 1; 104.22169.783, subdivision 1; 169.81, subdivisions 2, 3c; 169.823, subdivision 1; 104.23169.824, subdivision 2; 169.8261; 169.829, subdivision 2; 169.86, subdivision 104.245, by adding a subdivision; 169.862; 169.864, subdivisions 1, 2; 171.01, by 104.25adding a subdivision; 171.02, subdivision 1; 171.06, subdivision 3; 171.07, 104.26subdivisions 1, 3; 171.14; 174.01, subdivision 2; 174.02, subdivision 1a; 174.03, 104.27subdivision 1, by adding subdivisions; 174.30, subdivisions 4, 9; 218.041, 104.28subdivision 6; 221.031, subdivision 6; 221.0314, subdivision 9, by adding 104.29a subdivision; 221.033, subdivision 2d; 221.037, subdivision 1; 221.091, 104.30subdivision 2; 221.141, subdivision 1; 221.231; 221.60, subdivision 1, by 104.31adding a subdivision; 222.50, subdivision 7; 222.63, subdivision 4, by adding a 104.32subdivision; 299F.60, subdivision 1; 299J.16, subdivision 1; 325F.665, by adding 104.33a subdivision; 473.1466; 473.166; 473.386, subdivisions 1, 2, 2a, 3; 473.399; 104.34473.3993, subdivisions 1, 3, by adding a subdivision; 473.3994; 473.3997; 104.35473.4051; 473.407, subdivision 1; 473.408, by adding subdivisions; 609.531, 104.36subdivision 1; Minnesota Statutes 2007 Supplement, section 168.12, subdivision 104.375; Laws 2005, First Special Session chapter 1, article 4, section 39; Laws 2008, 104.38chapter 152, article 6, section 7; proposing coding for new law in Minnesota 104.39Statutes, chapters 160; 161; 169; 174; 219; 473; repealing Minnesota Statutes 104.402006, sections 168A.05, subdivision 5a; 221.60, subdivisions 2, 3, 3a, 4, 5, 6; 104.41221.601; 221.602; 325E.0951, subdivision 3a; 473.1465; 473.3994, subdivision 104.4213; Laws 1999, chapter 230, section 44." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Frank Hornstein, Michael V. Nelson, Shelly Madore, Melissa Hortman, Connie RuthSenate Conferees: (Signed) Steve Murphy, Ann H. Rest, Michael J. Jungbauer, Jim Carlson, Rod Skoe 105.1 We request the adoption of this report and repassage of the bill. 105.2 House Conferees:(Signed) 105.3 ..... ..... 105.4 Frank Hornstein Michael V. Nelson 105.5 ..... ..... 105.6 Shelley Madore Melissa Hortman 105.7 ..... 105.8 Connie Ruth 105.9 Senate Conferees:(Signed) 105.10 ..... ..... 105.11 Steve Murphy Ann H. Rest 105.12 ..... ..... 105.13 Michael J. Jungbauer Jim Carlson 105.14 ..... 105.15 Rod Skoe