1.1 	A bill for an act
1.2 	relating to transportation; modifying provisions relating to department activities, 
1.3 	data classification, eminent domain, school transportation, highways, commercial 
1.4 	vehicles, highway construction contracting, transportation research, bridge 
1.5 	inspection, special mobile equipment, motor vehicles, traffic regulations, towing, 
1.6 	transport of hazardous materials, recreational vehicle combinations, parking 
1.7 	violations, drivers' licenses and identification cards, vehicle length and weight, 
1.8 	pavement analysis, special transportation services, and motor carriers; creating 
1.9 	position of state rail inspector; establishing rail walkways standards; creating 
1.10 	task forces; requiring reports; providing penalties; amending Minnesota Statutes 
1.11 	2006, sections 3.8841, subdivision 8; 13.72, by adding subdivisions; 117.041, 
1.12 	by adding a subdivision; 117.51; 117.52, subdivision 1a; 123B.88, subdivision 
1.13 	12; 123B.90, subdivision 2; 123B.92, subdivision 5; 160.02, subdivision 19, 
1.14 	by adding a subdivision; 161.115, subdivision 76; 161.14, subdivision 18, by 
1.15 	adding subdivisions; 161.32, subdivisions 1, 1b, 4; 161.53; 165.01; 165.03; 
1.16 	168.011, subdivision 22; 168A.151, subdivision 1; 168A.153; 168B.04, 
1.17 	subdivision 2; 169.01, subdivisions 6, 19, 20, 78, by adding subdivisions; 
1.18 	169.041, subdivisions 1, 2; 169.06, subdivision 5; 169.34; 169.443, by adding 
1.19 	a subdivision; 169.447, subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, 
1.20 	subdivision 5; 169.4503, subdivisions 13, 20; 169.471, subdivision 2; 169.685, 
1.21 	subdivisions 5, 6; 169.686, subdivision 1; 169.781; 169.782, subdivision 1; 
1.22 	169.783, subdivision 1; 169.81, subdivision 2; 169.823, subdivision 1; 169.824, 
1.23 	subdivision 2; 169.829, subdivision 2; 169.86, by adding a subdivision; 169.864, 
1.24 	subdivisions 1, 2; 171.01, by adding a subdivision; 171.02, subdivisions 1, 2, 2a; 
1.25 	171.05, subdivision 2b; 171.055, subdivision 2; 171.06, subdivision 3; 171.07, 
1.26 	subdivisions 1, 3; 171.321, subdivision 4; 174.03, by adding subdivisions; 
1.27 	174.30, subdivisions 4, 9; 218.041, subdivision 6; 221.011, subdivision 49; 
1.28 	221.031, subdivision 6; 221.0314, subdivision 9, by adding a subdivision; 
1.29 	221.033, subdivision 2d; 221.037, subdivision 1; 221.231; 221.60, subdivision 1, 
1.30 	by adding a subdivision; 222.50, subdivision 7; 222.63, subdivision 4, by adding 
1.31 	a subdivision; 473.1466; Laws 2005, First Special Session chapter 1, article 4, 
1.32 	section 39; proposing coding for new law in Minnesota Statutes, chapters 160; 
1.33 	161; 174; 219; repealing Minnesota Statutes 2006, sections 161.115, subdivision 
1.34 	193; 169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26; 169.796, 
1.35 	subdivision 3; 221.60, subdivisions 2, 3, 3a; 221.601; 221.602; Laws 2005, First 
1.36 	Special Session chapter 6, article 3, section 91.
1.37 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.1 	Section 1. Minnesota Statutes 2006, section 3.8841, subdivision 8, is amended to read:
2.2 		Subd. 8.Powers; duties; Metropolitan Council levy, budget oversight. (a) The 
2.3 	commission must monitor, review, and make recommendations to the Metropolitan 
2.4 	Council and to the legislature for the following calendar year on:
2.5 	(1) the tax rate and dollar amount of the Metropolitan Council's property tax levies 
2.6 	and any proposed increases in the rate or dollar amount of tax;
2.7 	(2) any request for an increase in the debt of the Metropolitan Council;
2.8 	(3) the overall work and role of the Metropolitan Council;
2.9 	(4) the Metropolitan Council's proposed operating and capital budgets, work 
2.10 	program, and capital improvement program; and
2.11 	(5) the Metropolitan Council's implementation of the operating and capital budgets, 
2.12 	work program, and capital improvement program.
2.13 	(b) The commission shall review all procurements over $125,000,000 by the 
2.14 	Metropolitan Council. The chair of the Metropolitan Council shall give notice to the 
2.15 	commission when a procurement over $125,000,000 is being considered. The commission 
2.16 	shall take testimony on procurements.

2.17 	Sec. 2. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to 
2.18 	read:
2.19 		Subd. 14.Market research data; classification. (a) Names, home addresses 
2.20 	except for zip codes, home e-mail addresses, and home telephone numbers obtained 
2.21 	for or received in response to a survey conducted by or on behalf of the Department of 
2.22 	Transportation are classified as private data on individuals.
2.23 	(b) Business names, business addresses except for zip codes, business e-mail 
2.24 	addresses, and business telephone numbers obtained for or received in response to a 
2.25 	survey conducted by or on behalf of the Department of Transportation are classified 
2.26 	as nonpublic data.

2.27 	Sec. 3. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to 
2.28 	read:
2.29 		Subd. 15.Overhead rate data. Financial statements and shareholder financial data 
2.30 	provided to the commissioner of transportation by a consultant in order to establish its 
2.31 	overhead rate, and the schedule of audit adjustments and the overhead rate schedule 
2.32 	prepared by the Department of Transportation in order to establish the overhead rate for a 
2.33 	consultant, are classified as nonpublic data or private data on individuals. The overhead 
2.34 	rate percentage is public data.

3.1 	Sec. 4. Minnesota Statutes 2006, section 13.72, is amended by adding a subdivision to 
3.2 	read:
3.3 		Subd. 16.Bid escrow data. Bid documentation held in escrow by the Department 
3.4 	of Transportation is classified as nonpublic data. Any data on individuals in the bid 
3.5 	documentation are classified as private data on individuals. "Bid documentation" means 
3.6 	all writings, working papers, computer printout charts, and other data calculations used 
3.7 	by a contractor to determine its bid in bidding for a contract. The bid documentation 
3.8 	includes, but is not limited to, the contractor's costs for operating each piece of equipment 
3.9 	owned by the contractor, the contractor's overhead costs and its calculated overhead rate, 
3.10 	the contractor's pay rates for its employees, efficiency or productivity factors, arithmetic 
3.11 	extensions, and the rates and quotations from subcontractors and material suppliers to 
3.12 	the extent that the rates and quotations were used by the contractor in formulating and 
3.13 	determining the amount of the bid.

3.14 	Sec. 5. Minnesota Statutes 2006, section 117.041, is amended by adding a subdivision 
3.15 	to read:
3.16 		Subd. 3.Geotechnical investigation before eminent domain proceedings. (a) A 
3.17 	state agency by order of the commissioner or a political subdivision by resolution may 
3.18 	enter property for purposes of investigation, monitoring, testing, surveying, boring, or 
3.19 	other similar activities necessary or appropriate to perform geotechnical investigations.
3.20 	(b) At least ten days before entering the property, the state agency or political 
3.21 	subdivision must serve notice on the property owner requesting permission to enter the 
3.22 	property, stating the approximate time and purpose of the entry, and giving the owner the 
3.23 	option of refusing entry. If the property owner refuses to consent to the entry, the state 
3.24 	agency or political subdivision must apply for a court order authorizing the entry and the 
3.25 	removal of any sample or portion from the property, giving notice of the court order to the 
3.26 	property owner. The court shall issue an order if the state agency or political subdivision 
3.27 	meets the standards in paragraph (a). Notices under this paragraph must be served in the 
3.28 	same manner as a summons in a civil action.
3.29 	(c) The state agency or political subdivision must not cause any unnecessary damage 
3.30 	to the property and must compensate the property owner for any damages actually incurred 
3.31 	as a result of the geotechnical investigations.

3.32 	Sec. 6. Minnesota Statutes 2006, section 117.51, is amended to read:
3.33 	117.51 COOPERATION WITH FEDERAL AUTHORITIES; 
3.34 	REESTABLISHMENT COSTS LIMIT.
4.1 		Subdivision 1.Cooperation with federal authorities. In all acquisitions 
4.2 	undertaken by any acquiring authority and in all voluntary rehabilitation carried out by a 
4.3 	person pursuant to acquisition or as a consequence thereof, the acquiring authority shall 
4.4 	cooperate to the fullest extent with federal departments and agencies, and it shall take all 
4.5 	necessary action in order to insure, to the maximum extent possible, federal financial 
4.6 	participation in any and all phases of acquisition, including the provision of relocation 
4.7 	assistance, services, payments and benefits to displaced persons. 
4.8 		Subd. 2.Reestablishment costs limit. For purposes of relocation benefits paid 
4.9 	by the acquiring authority in accordance with this section, the provisions of Code of 
4.10 	Federal Regulations, title 49, part 24, with respect to reimbursement of reestablishment 
4.11 	expenses for nonresidential moves are applicable, except that the acquiring authority shall 
4.12 	reimburse the displaced business for eligible expenses up to a maximum of $50,000.

4.13 	EFFECTIVE DATE. This section is effective retroactively from January 16, 2007.

4.14 	Sec. 7. Minnesota Statutes 2006, section 117.52, subdivision 1a, is amended to read:
4.15 		Subd. 1a.Reestablishment costs limit. For purposes of relocation benefits paid 
4.16 	by the acquiring authority in accordance with this section, the provisions of Code of 
4.17 	Federal Regulations, title 49, section 24.304part 24, with respect to reimbursement 
4.18 	of reestablishment expenses for nonresidential moves are applicable, except that the 
4.19 	acquiring authority shall reimburse the displaced business for eligible expenses actually 
4.20 	incurred up to a maximum of $50,000.

4.21 	EFFECTIVE DATE. This section is effective retroactively from January 16, 2007.

4.22 	Sec. 8. Minnesota Statutes 2006, section 123B.88, subdivision 12, is amended to read:
4.23 		Subd. 12.Early childhood family education participants. Districts may provide 
4.24 	bus transportation along regular school bus routes when space is available for participants 
4.25 	in early childhood family education programs and school readiness programs if these 
4.26 	services do not result in an increase in the district's expenditures for transportation. 
4.27 	The costs allocated to these services, as determined by generally accepted accounting 
4.28 	principles, shall be considered part of the authorized cost for regular transportation for 
4.29 	the purposes of section 123B.92. 

4.30 	EFFECTIVE DATE. This section is effective the day following final enactment 
4.31 	and applies for fiscal year 2007 and later.

4.32 	Sec. 9. Minnesota Statutes 2006, section 123B.90, subdivision 2, is amended to read:
5.1 		Subd. 2.Student training. (a) Each district must provide public school pupils 
5.2 	enrolled in kindergarten through grade 10 with age-appropriate school bus safety training, 
5.3 	as described in this section, of the following concepts:
5.4 	(1) transportation by school bus is a privilege and not a right;
5.5 	(2) district policies for student conduct and school bus safety;
5.6 	(3) appropriate conduct while on the school bus;
5.7 	(4) the danger zones surrounding a school bus;
5.8 	(5) procedures for safely boarding and leaving a school bus;
5.9 	(6) procedures for safe street or road crossing; and
5.10 	(7) school bus evacuation.
5.11 	(b) Each nonpublic school located within the district must provide all nonpublic 
5.12 	school pupils enrolled in kindergarten through grade 10 who are transported by school 
5.13 	bus at public expense and attend school within the district's boundaries with training as 
5.14 	required in paragraph (a).
5.15 	(c) Students enrolled in kindergarten through grade 6 who are transported by school 
5.16 	bus and are enrolled during the first or second week of school must receive the school bus 
5.17 	safety training competencies by the end of the third week of school. Students enrolled in 
5.18 	grades 7 through 10 who are transported by school bus and are enrolled during the first or 
5.19 	second week of school and have not previously received school bus safety training must 
5.20 	receive the training or receive bus safety instructional materials by the end of the sixth 
5.21 	week of school. Students taking driver's training instructional classes and other students in 
5.22 	grades 9 and 10 must receive training in the laws and proper procedures when operating a 
5.23 	motor vehicle in the vicinity of a school bus as required by section 169.446, subdivisions 2 
5.24 	and 3. Students enrolled in kindergarten through grade 10 who enroll in a school after the 
5.25 	second week of school and are transported by school bus and have not received training 
5.26 	in their previous school district shall undergo school bus safety training or receive bus 
5.27 	safety instructional materials within four weeks of the first day of attendance. Upon 
5.28 	request of the superintendent of schools, the school transportation safety director in each 
5.29 	district must certify to the superintendent of schools annually that all students transported 
5.30 	by school bus within the district have received the school bus safety training according to 
5.31 	this section. Upon request of the superintendent of the school district where the nonpublic 
5.32 	school is located, the principal or other chief administrator of each nonpublic school must 
5.33 	certify annually to the school transportation safety director of the district in which the 
5.34 	school is located that the school's students transported by school bus at public expense 
5.35 	have received training according to this section.
6.1 	(d) A district and a nonpublic school with students transported by school bus at 
6.2 	public expense may provide kindergarten pupils with bus safety training before the first 
6.3 	day of school.
6.4 	(e) A district and a nonpublic school with students transported by school bus at 
6.5 	public expense may also provide student safety education for bicycling and pedestrian 
6.6 	safety, for students enrolled in kindergarten through grade 5.
6.7 	(f) A district and a nonpublic school with students transported by school bus at 
6.8 	public expense must make reasonable accommodations for the school bus safety training 
6.9 	of pupils known to speak English as a second language and pupils with disabilities.
6.10 	(g) The district and a nonpublic school with students transported by school bus at 
6.11 	public expense must provide students enrolled in kindergarten through grade 3 school bus 
6.12 	safety training twice during the school year.
6.13 	(h) A district and a nonpublic school with students transported by school bus at public 
6.14 	expense must conduct a school bus evacuation drill at least once during the school year.

6.15 	EFFECTIVE DATE. This section is effective July 1, 2007.

6.16 	Sec. 10. Minnesota Statutes 2006, section 123B.92, subdivision 5, is amended to read:
6.17 		Subd. 5.District reports. (a) Each district must report data to the department as 
6.18 	required by the department to account for transportation expenditures.
6.19 	(b) Salaries and fringe benefits of district employees whose primary duties are 
6.20 	other than transportation, including central office administrators and staff, building 
6.21 	administrators and staff, teachers, social workers, school nurses, and instructional aides, 
6.22 	must not be included in a district's transportation expenditures, except that a district may 
6.23 	include salaries and benefits according to paragraph (c) for (1) an employee designated 
6.24 	as the district transportation director, (2) an employee providing direct support to the 
6.25 	transportation director, or (3) an employee providing direct transportation services such as 
6.26 	a bus driver or bus aide.
6.27 	(c) Salaries and fringe benefits of the district employees listed in paragraph (b), 
6.28 	clauses (1), (2), and (3), who work part time in transportation and part time in other areas 
6.29 	must not be included in a district's transportation expenditures unless the district maintains 
6.30 	documentation of the employee's time spent on pupil transportation matters in the form 
6.31 	and manner prescribed by the department.
6.32 	(d) Pupil transportation expenditures, excluding expenditures for capital outlay, 
6.33 	leased buses, student board and lodging, crossing guards, and aides on buses, must 
6.34 	be allocated among transportation categories based on cost-per-mile, cost-per-student, 
6.35 	cost-per-hour, or cost-per-route, regardless of whether the transportation services are 
7.1 	provided on district-owned or contractor-owned school buses. Expenditures for school 
7.2 	bus driver salaries and fringe benefits may either be directly charged to the appropriate 
7.3 	transportation category or may be allocated among transportation categories based 
7.4 	on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures 
7.5 	by private contractors or individuals who provide transportation exclusively in one 
7.6 	transportation category must be charged directly to the appropriate transportation category. 
7.7 	Transportation services provided by contractor-owned school bus companies incorporated 
7.8 	under different names but owned by the same individual or group of individuals must be 
7.9 	treated as the same company for cost allocation purposes.
7.10 	(e) Notwithstanding paragraph (d), districts contracting for transportation services 
7.11 	are exempt from the standard cost allocation method for authorized and nonauthorized 
7.12 	transportation categories if the district (1) bid its contracts separately for authorized and 
7.13 	nonauthorized transportation categories, (2) received bids or quotes from more than one 
7.14 	vendor for these transportation categories or can demonstrate that efforts were made to 
7.15 	solicit bids or quotes through advertising, and (3) the district's cost-per-mile, cost-per-hour, 
7.16 	or cost-per-route does not vary more than ten percent among authorized transportation 
7.17 	categories, excluding expenditures for capital outlay, leased buses, student board and 
7.18 	lodging, crossing guards, special equipment, and aides on buses. If the costs reported by 
7.19 	the district for contractor-owned operations vary more than the parameters outlined above, 
7.20 	the department shall require the district to reallocate its transportation costs, excluding 
7.21 	salaries and fringe benefits of bus aids, among all categories.

7.22 	EFFECTIVE DATE. This section is effective the day following final enactment 
7.23 	and applies for fiscal year 2007 and later.

7.24 	Sec. 11. Minnesota Statutes 2006, section 160.02, is amended by adding a subdivision 
7.25 	to read:
7.26 		Subd. 18a.Expressway. "Expressway" means a divided highway with partial 
7.27 	control of access.

7.28 	Sec. 12. Minnesota Statutes 2006, section 160.02, subdivision 19, is amended to read:
7.29 		Subd. 19.Freeway or expressway. "Freeway" or "expressway" means a divided, 
7.30 	controlled-access highway with four or more lanes full control of access.

7.31 	Sec. 13. [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS.
7.32 	(a) The commissioner shall allow a commercial motor vehicle operator who is 
7.33 	subject to hours of service regulations under Code of Federal Regulations, title 49, part 
8.1 	395, to stop and park continuously, for a period of up to ten hours as necessary to comply 
8.2 	with the hours of service regulations, at any Department of Transportation safety rest area 
8.3 	or travel information center that has parking stalls designed to accommodate a commercial 
8.4 	motor vehicle, as defined in section 169.01, subdivision 75.
8.5 	(b) Any clause or provision in a lease or other agreement for the operation of a 
8.6 	Department of Transportation safety rest area or travel information center that purports to 
8.7 	limit the requirements under paragraph (a) is void and without effect.

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

8.9 	Sec. 14. Minnesota Statutes 2006, section 161.115, subdivision 76, is amended to read:
8.10 		Subd. 76.Route No. 145. Beginning at a point on or near Route No. 10 at or 
8.11 	near Willmar, thence extending in a westerly direction to a point on Route No. 144 as 
8.12 	herein established.

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

8.14 	Sec. 15. Minnesota Statutes 2006, section 161.14, subdivision 18, is amended to read:
8.15 		Subd. 18.Voyageur Highway. The following route is named and designated the 
8.16 	"Voyageur Highway":
8.17 	(a) Beginning at a point on Trunk Highway No. 26 on the boundary line between 
8.18 	the states of Minnesota and Iowa; thence northerly along Trunk Highway No. 26 to its 
8.19 	junction with Trunk Highway No. 61; thence northwesterly along Trunk Highway No. 
8.20 	61 to its junction with Trunk Highway No. 10 in the city of St. Paul; thence extending 
8.21 	in a general northwesterly direction along Trunk Highway No. 10 to its junction with 
8.22 	Trunk Highway No. 371 at Little Falls; thence extending in a general northerly direction 
8.23 	along Trunk Highway No. 371 to its junction with Trunk Highway No. 210 at Brainerd; 
8.24 	thence northeasterly along Trunk Highway No. 210 to its junction with Trunk Highway 
8.25 	No. 169 at Aitkin; thence in a general northerly direction along Trunk Highway No. 169 
8.26 	to its junction with Trunk Highway No. 2 at Grand Rapids; thence northwesterly along 
8.27 	Trunk Highway No. 2 to its junction with Trunk Highway No. 71 at Bemidji; thence 
8.28 	northeasterly along Trunk Highway No. 71 to its junction with Trunk Highway No. 11 
8.29 	at Pelland; thence northeasterly along Trunk Highway No. 11 to its junction with Trunk 
8.30 	Highway No. 53 at International Falls; thence southeasterly along Trunk Highway No. 53 
8.31 	to its junction with Trunk Highway No. 61Central Entrance at Duluth;. Beginning at a 
8.32 	point on Trunk Highway No. 61 at its junction with Interstate Highway 35 and thence 
9.1 	northeasterly along Trunk Highway No. 61 to the boundary line between the state of 
9.2 	Minnesota and the province of Ontario, Canada.
9.3 	(b) The route of the Voyageur Highway designated and described in clause (a) is 
9.4 	supplemented by legs or alternative routes described as follows:
9.5 	Beginning at a point on Trunk Highway No. 1 at its junction with Trunk Highway 
9.6 	No. 61 northerly of Silver Bay; thence northwesterly along Trunk Highway No. 1 to Ely; 
9.7 	thence southwesterly along Trunk Highway No. 1 to its junction with Trunk Highway No. 
9.8 	169; thence southerly and westerly along Trunk Highway No. 169 to its junction with 
9.9 	Trunk Highway No. 53, and there terminating.
9.10 	Beginning at a point on Trunk Highway No. 11 at its junction with Trunk Highway 
9.11 	No. 53 at International Falls; thence easterly along Trunk Highway No. 11 to its easterly 
9.12 	terminus near Island View.
9.13 	Beginning at a point on Trunk Highway No. 33 at its junction with Interstate 
9.14 	Highway marked I-35 southerly of Cloquet, thence northerly along Trunk Highway No. 
9.15 	33 to its junction with Trunk Highway No. 53.
9.16 	(c) The commissioner of transportation shall:
9.17 	(1) adopt a suitable marking design of signs or informational plaques;
9.18 	(2) effect the installation of such signs or plaques in public waysides or other public 
9.19 	areas as approved and designated by the commissioner.

9.20 	Sec. 16. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 
9.21 	to read:
9.22 		Subd. 57.Purple Heart Trail. Statutory Route No. 392, described in section 
9.23 	161.12 and marked on the effective date of this section as Interstate Highway 94, is 
9.24 	designated in its entirety within Minnesota as the Purple Heart Trail. Subject to section 
9.25 	161.139, the commissioner shall adopt a suitable marking design to mark this highway 
9.26 	and erect appropriate signs at each safety rest area located on the highway.

9.27 	Sec. 17. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 
9.28 	to read:
9.29 		Subd. 58.Dallas Sams Memorial Highway. That portion of Legislative Route No. 
9.30 	2, signed as Trunk Highway 210 on the date of final enactment of this section, from 
9.31 	the city of Motley to the city of Staples, is designated as the "Dallas Sams Memorial 
9.32 	Highway." The commissioner of transportation shall adopt a suitable design to mark this 
9.33 	highway and erect appropriate signs, subject to section 161.139.

10.1 	Sec. 18. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 
10.2 	to read:
10.3 		Subd. 59.Walter F. Mondale Drive. Trunk Highway marked 53 from its 
10.4 	intersection with Superior Street to its intersection with Central Entrance in the city of 
10.5 	Duluth, as signed on the effective date of this section, is designated "Walter F. Mondale 
10.6 	Drive." Subject to section 161.139, the commissioner of transportation shall adopt a 
10.7 	suitable marking design to mark this highway and erect appropriate signs.

10.8 	Sec. 19. Minnesota Statutes 2006, section 161.32, subdivision 1, is amended to read:
10.9 		Subdivision 1.Advertisement for bids. The commissioner may conduct the work 
10.10 	or any part of the work incidental to the construction and maintenance of the trunk 
10.11 	highways by labor employed to do the work or by contract. In cases of construction work, 
10.12 	the commissioner shall first advertise for bids for contracts, and if no satisfactory bids are 
10.13 	received, may either reject all bids and readvertise, or do the work by labor employed to 
10.14 	do the work. Except as provided in subdivision 3 or 4, when work is to be done under 
10.15 	contract, the commissioner shall advertise for bids once each week for three successive 
10.16 	weeks prior to the date the bids are to be received. The advertisement for bids must be 
10.17 	published in a newspaper or other periodical of general circulation in the state and may be 
10.18 	placed on the Internet. The plans and specifications for the proposed work must be on file 
10.19 	in the commissioner's office prior to the first call for bids.

10.20 	Sec. 20. Minnesota Statutes 2006, section 161.32, subdivision 1b, is amended to read:
10.21 		Subd. 1b.Lowest responsible bidder; electronic bids. Bidders may submit 
10.22 	bids electronically in a form and manner required by the commissioner; however, the 
10.23 	commissioner may require that all bids of $5,000,000 and over for trunk highway contracts 
10.24 	must be submitted electronically. Notwithstanding section 13.591, subdivision 3, or any 
10.25 	other law or rule to the contrary, bids are not required to be opened and read in public if 
10.26 	the commissioner publishes the public data specified by section 13.591, subdivision 3, 
10.27 	on a state Web site immediately after the deadline for receipt of bids has passed. Bids 
10.28 	for federal-aid highway projects must be conducted in accordance with Code of Federal 
10.29 	Regulations, title 23, section 635. Trunk highway construction contracts, including 
10.30 	design-build contracts, must be awarded to the lowest responsible bidder, taking into 
10.31 	consideration conformity with the specifications, the purpose for which the contract or 
10.32 	purchase is intended, the status and capability of the vendor, and other considerations 
10.33 	imposed in the call for bids. The commissioner may decide which is the lowest responsible 
10.34 	bidder for all contracts and may use the principles of life-cycle costing, when appropriate, 
11.1 	in determining the lowest overall bid. Any or all bids may be rejected. When competitive 
11.2 	bids are required and all bids are rejected, new bids, if solicited, must be called for as in 
11.3 	the first instance, unless otherwise provided by law.

11.4 	Sec. 21. Minnesota Statutes 2006, section 161.32, subdivision 4, is amended to read:
11.5 		Subd. 4.Trunk highways damaged by spring breakup. Contracts may be 
11.6 	let for the repair and restoration of trunk highways damaged by spring breakup upon 
11.7 	advertisement for bids and publication thereof in a newspaper or periodical of general 
11.8 	circulation for a period of one week prior to the date such bids are to be received, and 
11.9 	upon the mailing of such advertisements to all contractors who have filed a written request 
11.10 	therefor.

11.11 	Sec. 22. [161.3203] CONTRACTS FOR WORK, SUPPLIES, OR MATERIALS 
11.12 	FOR TRUNK HIGHWAY.
11.13 		Subdivision 1.Privatization transportation contracts. For purposes of this 
11.14 	section, "privatization transportation contract" means an enforceable agreement, or 
11.15 	combination or series of agreements, by which a private contractor agrees with the 
11.16 	commissioner of transportation to provide work, supplies, or materials:
11.17 	(1) that is incidental to the construction or improvement of trunk highways; or
11.18 	(2) for maintenance of trunk highways.
11.19 	A privatization transportation contract does not include a design-build contract as defined 
11.20 	in section 161.3410, subdivision 3, and does not include services by persons licensed 
11.21 	under section 326.02 or 326.15.
11.22 		Subd. 2.Applicability. This section applies to privatization transportation contracts 
11.23 	in a total amount of $25,000 or more. The requirements imposed by this section are in 
11.24 	addition to, and do not supersede, the requirements of any other applicable section of law.
11.25 		Subd. 3.Review of contract costs. (a) Before entering into a privatization 
11.26 	transportation contract, the commissioner of transportation shall prepare a comprehensive 
11.27 	written estimate of the cost of having the same work, supplies, or materials provided in 
11.28 	the most cost-effective manner by agency employees. The cost estimate must include 
11.29 	all direct costs of having agency employees provide the work, supplies, or materials, 
11.30 	including the cost of pension, insurance, and other employee benefits.
11.31 	(b) After soliciting and receiving responses, the commissioner shall publicly 
11.32 	designate the responder to which it proposes to award the privatization contract. The 
11.33 	commissioner shall prepare a comprehensive written estimate of the cost of the proposal 
11.34 	based on the designated responder's bid, including the cost of a transition from public 
12.1 	to private provision of the work, any additional unemployment and retirement benefits 
12.2 	resulting from the transfer, and costs associated with monitoring the proposed contract. If 
12.3 	the designated responder proposes to perform any or all of the desired services outside the 
12.4 	state, the commissioner of transportation shall include in the cost estimate, as nearly as 
12.5 	possible, any loss of sales and income tax revenue to the state. The cost estimate must 
12.6 	not include trade secret data which is classified as nonpublic data under section 13.37, 
12.7 	subdivision 2.
12.8 	(c) Before entering into a privatization transportation contact for $250,000 or more, 
12.9 	the commissioner shall determine that:
12.10 	(1) the cost estimated under paragraph (b) will be lower than the cost estimated 
12.11 	under paragraph (a);
12.12 	(2) the quality of the work, supplies, or materials to be provided by the designated 
12.13 	responder is likely to equal or exceed the quality of services that could be provided by 
12.14 	Department of Transportation employees; and
12.15 	(3) the proposed privatization contract is in the public interest.
12.16 		Subd. 4.Reports. The commissioner shall provide, no later than September 1, an 
12.17 	annual written report to the legislature, in compliance with sections 3.195 and 3.197, and 
12.18 	shall submit the report to the chairs of the senate and house of representatives committees 
12.19 	having jurisdiction over transportation. The report must list all privatization transportation 
12.20 	contracts within the meaning of this section that were executed or performed, whether 
12.21 	wholly or in part, in the previous fiscal year. The report must identify, with respect to each 
12.22 	contract, the contractor; contract amount; duration; work, supplies, or materials provided 
12.23 	or to be provided; the comprehensive estimate derived under subdivision 3, paragraph (a); 
12.24 	the comprehensive estimate derived under subdivision 3, paragraph (b); the actual cost to 
12.25 	the agency of the contractor's performance of the contract; and for contracts of at least 
12.26 	$250,000 a statement containing the commissioner's determinations under subdivision 3, 
12.27 	paragraph (c).
12.28 		Subd. 5.Short title. This section may be cited as the "Taxpayers' Transportation 
12.29 	Accountability Act."

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

12.31 	Sec. 23. Minnesota Statutes 2006, section 161.53, is amended to read:
12.32 	161.53 RESEARCH ACTIVITIES.
12.33 	The commissioner may set aside in each fiscal year up to two percent of the 
12.34 	total amount of all funds appropriated to the commissioner other than county state-aid 
13.1 	and municipal state-aid highway funds for transportation research including public and 
13.2 	private research partnerships. The commissioner shall spend this money for (1) research 
13.3 	to improve the design, construction, maintenance, management, and environmental 
13.4 	compatibility of transportation systems; (2) research on transportation policies that 
13.5 	enhance energy efficiency and economic development; (3) programs for implementing and 
13.6 	monitoring research results; and (4) development of transportation education and outreach 
13.7 	activities. Of all funds appropriated to the commissioner other than state-aid funds, the 
13.8 	commissioner shall spend at least 0.1 percent, but not exceeding $800,000 in any fiscal 
13.9 	year, for research and related activities performed by the Center for Transportation Studies 
13.10 	of the University of Minnesota. The center shall establish a technology transfer and 
13.11 	training center for Minnesota transportation professionals.

13.12 	Sec. 24. Minnesota Statutes 2006, section 165.01, is amended to read:
13.13 	165.01 DEFINITIONS.
13.14 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this 
13.15 	section and section 160.02shall have the same meanings given them. 
13.16 		Subd. 2.AASHTO manual. "AASHTO manual" means the Manual for Condition 
13.17 	Evaluation of Bridges, published by the American Association of State Highway and 
13.18 	Transportation Officials.

13.19 	Sec. 25. Minnesota Statutes 2006, section 165.03, is amended to read:
13.20 	165.03 STRENGTH OF BRIDGE; INSPECTION.
13.21 		Subdivision 1.Standards generally. Each bridge, including a privately owned 
13.22 	bridge, must conform to the strength, width, clearance, and safety standards imposed 
13.23 	by the commissioner for the connecting highway or street. This subdivision applies to 
13.24 	a bridge that is constructed after August 1, 1989, on any public highway or street. The 
13.25 	bridge must have sufficient strength to support with safety the maximum vehicle weights 
13.26 	allowed under sections 169.822 to 169.829 and must have the minimum width specified 
13.27 	in section 165.04, subdivision 3. 
13.28 		Subd. 1a.Inspection. (a) Each bridge must be inspected annually, unless a longer 
13.29 	interval not to exceed two years for bridges or four years for bridges classified as culverts 
13.30 	is authorized by the commissioner. The commissioner's authorization must be based 
13.31 	on factors including, but not limited to, the age and condition of the bridge, the rate of 
13.32 	deterioration of the bridge, the type of structure, the susceptibility of the bridge to failure, 
13.33 	and the characteristics of traffic on the bridge. Interim inspections at intervals of less than 
13.34 	one year may be necessary on bridges that are posted, bridges subjected to extreme scour 
14.1 	conditions, bridges subject to significant substructure movement or settlement, and for 
14.2 	other reasons as specified or inferred in the AASHTO manual.
14.3 	(b) The thoroughness of each inspection depends on such factors as age, traffic 
14.4 	characteristics, state of maintenance, and known deficiencies. The evaluation of these 
14.5 	factors is the responsibility of the engineer assigned the responsibility for inspection as 
14.6 	defined by rule adopted by the commissioner of transportation.
14.7 		Subd. 2.Inspection and inventory responsibilities; rules; forms. (a) The 
14.8 	commissioner of transportation shall adopt official inventory and bridge inspection report 
14.9 	forms for use in making bridge inspections by the owners or highway authorities specified 
14.10 	by this subdivision. Bridge Inspections shall must be made at regular intervals, not to 
14.11 	exceed two years for bridges and not to exceed four years for culverts, by the following 
14.12 	owner or official:
14.13 	(1) the commissioner of transportation for all bridges located wholly or partially 
14.14 	within or over the right-of-way of a state trunk highway;
14.15 	(2) the county highway engineer for all bridges located wholly or partially within 
14.16 	or over the right-of-way of any county or township town road, or any street within a 
14.17 	municipality which that does not have a city engineer regularly employed;
14.18 	(3) the city engineer for all bridges located wholly or partially within or over the 
14.19 	right-of-way of any street located within or along municipal limits;
14.20 	(4) the commissioner of transportation in case of a toll bridge that is used by the 
14.21 	general public and that is not inspected and certified under subdivision 6; provided, that the 
14.22 	commissioner of transportation may assess the owner for the costs of such the inspection;
14.23 	(5) the owner of a bridge over a public highway or street or that carries a roadway 
14.24 	designated for public use by a public authority, if not required to be inventoried and 
14.25 	inspected under clause (1), (2), (3), or (4).
14.26 	(b) The commissioner of transportation shall prescribe the standards for bridge 
14.27 	inspection and inventory by rules. The owner or highway authority shall inspect and 
14.28 	inventory in accordance with these standards and furnish the commissioner with such data 
14.29 	as may be necessary to maintain a central inventory.
14.30 		Subd. 3.County inventory and inspection records and reports. The county 
14.31 	engineer shall maintain a complete inventory record of all bridges as set forth in 
14.32 	subdivision 2, paragraph (a), clause (2), with the inspection reports thereof, and shall 
14.33 	certify annually to the commissioner, as prescribed by the commissioner, that inspections 
14.34 	have been made at regular intervals, not to exceed two years for bridges and not to 
14.35 	exceed four years for culverts. A report of the inspections shall must be filed annually, 
14.36 	on or before February 15 of each year, with the county auditor or town clerk, or the 
15.1 	governing body of the municipality. The report shall must contain recommendations for 
15.2 	the correction of, or legal posting of load limits on any bridge or structure that is found to 
15.3 	be understrength or unsafe.
15.4 		Subd. 4.Municipal inventory and inspection records and reports. The 
15.5 	city engineer shall maintain a complete inventory record of all bridges as set forth in 
15.6 	subdivision 2, paragraph (a), clause (3), with the inspection reports thereof, and shall 
15.7 	certify annually to the commissioner, as prescribed by the commissioner, that inspections 
15.8 	have been made at regular intervals, not to exceed two years for bridges and not to exceed 
15.9 	four years for culverts. A report of the inspections shall must be filed annually, on or 
15.10 	before February 15 of each year, with the governing body of the municipality. The report 
15.11 	shall must contain recommendations for the correction of, or legal posting of load limits 
15.12 	on any bridge or structure that is found to be understrength or unsafe.
15.13 		Subd. 5.Agreement. Agreements may be made among the various units of 
15.14 	governments, or between governmental units and qualified engineering personnel to 
15.15 	carry out the responsibilities for the bridge inspections and reports, as established by 
15.16 	subdivision 2.
15.17 		Subd. 6.Other bridges. The owner of a toll bridge and the owner of a bridge 
15.18 	described in subdivision 2, paragraph (a), clause (5), shall certify to the commissioner, as 
15.19 	prescribed by the commissioner, that inspections of the bridge have been made at regular 
15.20 	intervals, not to exceed two years for bridges and not to exceed four years for culverts. 
15.21 	The certification shall must be accompanied by a report of the inspection. The report shall
15.22 	must contain recommendations for the correction of or legal posting of load limitations if 
15.23 	the bridge is found to be understrength or unsafe.
15.24 		Subd. 7.Department of Natural Resources bridge. (a) Notwithstanding 
15.25 	subdivision 2, the commissioners of transportation and natural resources shall negotiate a 
15.26 	memorandum of understanding that governs the inspection of bridges owned, operated, 
15.27 	or maintained by the commissioner of natural resources.
15.28 	(b) The memorandum of understanding must provide for:
15.29 	(1) the inspection and inventory of bridges subject to federal law or regulations;
15.30 	(2) the frequency of inspection of bridges described in paragraph (a); and
15.31 	(3) who may perform inspections required under the memorandum of understanding.

15.32 	Sec. 26. Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read:
15.33 		Subd. 22.Special mobile equipment. "Special mobile equipment" means every 
15.34 	vehicle not designed or used primarily for the transportation of persons or property 
15.35 	and only incidentally operated or moved over a highway, including but not limited to: 
16.1 	ditch-digging apparatuses, moving dollies, pump hoists and other water well-drilling 
16.2 	equipment registered under chapter 103I, vehicle-mounted concrete pumps with or 
16.3 	without placement booms, street-sweeping vehicles, and other machinery such as 
16.4 	asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, 
16.5 	ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, 
16.6 	truck-mounted log loaders, earth-moving carryalls, scrapers, power shovels, draglines, 
16.7 	self-propelled cranes, and earth-moving equipment. The term does not include travel 
16.8 	trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other 
16.9 	motor vehicles designed for the transportation of persons or property to which machinery 
16.10 	has been attached.

16.11 	EFFECTIVE DATE. This section is effective August 1, 2007, and expires 
16.12 	December 31, 2009.

16.13 	Sec. 27. Minnesota Statutes 2006, section 168A.151, subdivision 1, is amended to read:
16.14 		Subdivision 1.Salvage titles. (a) When an insurer, licensed to conduct business in 
16.15 	Minnesota, acquires ownership of a late-model or high-value vehicle through payment 
16.16 	of damages, the insurer shall immediately apply for a salvage certificate of title or shall 
16.17 	stamp the existing certificate of title with the legend "SALVAGE CERTIFICATE OF 
16.18 	TITLE" in a manner prescribed by the department. Within 48 hours of taking possession 
16.19 	of a vehicle through payment of damages, an insurer must notify the department in a 
16.20 	manner prescribed by the department.
16.21 	(b) Any person who acquires a damaged motor vehicle with an out-of-state title and 
16.22 	the cost of repairs exceeds the value of the damaged vehicle or a motor vehicle with an 
16.23 	out-of-state salvage title or certificate, as proof of ownership, shall immediately apply for 
16.24 	a salvage certificate of title. A person shall immediately apply for a salvage certificate 
16.25 	of title if the person acquires a damaged late-model or high-value motor vehicle with an 
16.26 	out-of-state title and the vehicle:
16.27 	(1) is a vehicle that was acquired by an insurer through payment of damages;
16.28 	(2) is a vehicle for which the cost of repairs exceeds the value of the damaged 
16.29 	vehicle; or
16.30 	(3) has an out-of-state salvage certificate of title as proof of ownership.
16.31 	(c) A self-insured owner of a late-model or high-value vehicle who sustains damage 
16.32 	by collision or other occurrence which exceeds 70 percent of its actual cash value 
16.33 	shall immediately apply for a salvage certificate of title. Damage, for the purpose of 
16.34 	this calculation, does not include the actual cost incurred to repair, replace, or reinstall 
17.1 	inflatable safety restraints and other vehicle components that must be replaced due to the 
17.2 	deployment of the inflatable safety restraints.

17.3 	Sec. 28. Minnesota Statutes 2006, section 168A.153, is amended to read:
17.4 	168A.153 REPORT OF VEHICLE RECEIPT; SURRENDER OF 
17.5 	CERTIFICATE.
17.6 		Subdivision 1.Older model vehicle. A dealer who buys an older model vehicle 
17.7 	to be dismantled or destroyed shall report to the department within 30 days including 
17.8 	the vehicle's license plate number and identification number, and the seller's name and 
17.9 	driver's license number.
17.10 		Subd. 2.Late-model or high-value vehicle. A dealer who buys a late-model or 
17.11 	high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and 
17.12 	then surrender the certificate of title and a properly completed application for a salvage 
17.13 	certificate of title to the department within ten days the commissioner in the manner 
17.14 	prescribed in subdivision 3. The dealer must then properly destroy the certificate of title.
17.15 		Subd. 3.Notification on vehicle to be dismantled or destroyed; service fee.
 17.16 	Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and 
17.17 	registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the 
17.18 	vehicle to be dismantled or destroyed. The notification must be made electronically as 
17.19 	prescribed by the registrar. The dealer may contract this service to a deputy registrar and 
17.20 	the registrar may charge a fee not to exceed $7 per transaction to provide this service.

17.21 	Sec. 29. Minnesota Statutes 2006, section 168B.04, subdivision 2, is amended to read:
17.22 		Subd. 2.Unauthorized vehicles. (a) Units of government and peace officers may 
17.23 	take into custody and impound any unauthorized vehicle under section 169.041. 
17.24 	(b) A vehicle may also be impounded after it has been left unattended in one of the 
17.25 	following public or private locations for the indicated period of time:
17.26 	(1) in a public location not governed by section 169.041: 
17.27 	(i) on a highway and properly tagged by a peace officer, four hours;
17.28 	(ii) located so as to constitute an accident or traffic hazard to the traveling public, as 
17.29 	determined by a peace officer, immediately; or
17.30 	(iii)  located so as to constitute an accident or traffic hazard to the traveling public 
17.31 	within the Department of Transportation's eight-county metropolitan district, as determined 
17.32 	by an authorized employee of the department's freeway service patrol, immediately; or 
17.33 	(iv) that is a parking facility or other public property owned or controlled by a unit 
17.34 	of government, properly posted, four hours; or
18.1 	(2) on private property:
18.2 	(i) that is single-family or duplex residential property, immediately;
18.3 	(ii) that is private, nonresidential property, properly posted, immediately;
18.4 	(iii) that is private, nonresidential property, not posted, 24 hours;
18.5 	(iv) that is private, nonresidential property of an operator of an establishment for the 
18.6 	servicing, repair, or maintenance of motor vehicles, five business days after notifying the 
18.7 	vehicle owner by certified mail, return receipt requested, of the property owner's intention 
18.8 	to have the vehicle removed from the property; or
18.9 	(v) that is any residential property, properly posted, immediately.
18.10 	(c) When a tow is requested under paragraph (b), clause (1), item (iii), the 
18.11 	department shall ensure that the tower initially requested to remove the vehicle is given 
18.12 	the opportunity, to the greatest reasonable extent, to actually conduct and complete all 
18.13 	towing operations requested, provided that the owner of the vehicle to be towed has 
18.14 	not already requested that another tower remove the vehicle, in which case the tower 
18.15 	contacted by the owner must be given the first reasonable opportunity to conduct the 
18.16 	towing operations required.

18.17 	Sec. 30. Minnesota Statutes 2006, section 169.01, subdivision 6, is amended to read:
18.18 		Subd. 6.School bus. (a) "School bus" means a motor vehicle used to transport 
18.19 	pupils to or from a school defined in section 120A.22, or to or from school-related 
18.20 	activities, by the school or a school district, or by someone under an agreement with the 
18.21 	school or a school district. A school bus does not include a motor vehicle transporting 
18.22 	children to or from school for which parents or guardians receive direct compensation 
18.23 	from a school district, a motor coach operating under charter carrier authority, a transit 
18.24 	bus providing services as defined in section 174.22, subdivision 7, a multifunction school 
18.25 	activity bus as defined by federal motor vehicle safety standards, or a vehicle otherwise 
18.26 	qualifying as a type III vehicle under paragraph (5) (6), when the vehicle is properly 
18.27 	registered and insured and being driven by an employee or agent of a school district for 
18.28 	nonscheduled or nonregular transportation. A school bus may be type A, type B, type C, 
18.29 	or type D, a multifunctional school activity bus, or type III as follows: 
18.30 	(1) A "type A school bus" is a van conversion or bus constructed utilizing a cutaway 
18.31 	front section vehicle with a left-side driver's door. The entrance door is behind the front 
18.32 	wheels. This definition includes two classifications: type A-I, with a gross vehicle weight 
18.33 	rating (GVWR) less than or equal to 10,000 14,500 pounds or less; and type A-II, with a 
18.34 	GVWR greater than 10,000 14,500 pounds and less than or equal to 21,500 pounds.
19.1 	(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance 
19.2 	door is behind the front wheels. This definition includes two classifications: type B-I, 
19.3 	with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater 
19.4 	than 10,000 pounds.
19.5 	(3) A "type C school bus" is constructed utilizing a chassis with a hood and front 
19.6 	fender assembly. The entrance door is behind the front wheels. A "type C school bus" also 
19.7 	includes a cutaway truck chassis or truck chassis with cab with or without a left side door 
19.8 	and with a GVWR greater than 21,500 pounds.
19.9 	(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance 
19.10 	door is ahead of the front wheels.
19.11 	(5) A "multifunctional school activity bus" is a bus that meets the federal motor 
19.12 	vehicle safety standards definition, except for vehicles classified as type III school buses 
19.13 	according to paragraph (6). 
19.14 	(6) Type III school buses and type III Head Start buses are restricted to passenger 
19.15 	cars, station wagons, vans, and buses having a maximum manufacturer's rated seating 
19.16 	capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of 
19.17 	10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value 
19.18 	specified by the manufacturer as the loaded weight of a single vehicle. A "type III school 
19.19 	bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type 
19.20 	A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a 
19.21 	seating capacity of ten or fewer and placed in service on or after August 1, 1999, must 
19.22 	have been originally manufactured to comply with the passenger safety standards.

19.23 	EFFECTIVE DATE. This section is effective January 1, 2008.

19.24 	Sec. 31. Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read:
19.25 		Subd. 19.Explosives. "Explosives" means any chemical compound or mechanical 
19.26 	mixture that is commonly used or intended for the purpose of producing an explosion 
19.27 	and which contains any oxidizing and combustive units or other ingredients in such 
19.28 	proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by 
19.29 	percussion, or by detonator of any part of the compound or mixture may cause such a 
19.30 	sudden generation of highly heated gases that the resultant gaseous pressures are capable 
19.31 	of producing destructible effects on contiguous objects or of destroying life or limb has 
19.32 	the meaning given in Code of Federal Regulations, title 49, section 173.50.

19.33 	Sec. 32. Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read:
20.1 		Subd. 20.Flammable liquid. "Flammable liquid" meanshas the meaning given 
20.2 	any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a 
20.3 	tagliabue or equivalent closed cup test device defined in Code of Federal Regulations, 
20.4 	title 49, section 173.120.

20.5 	Sec. 33. Minnesota Statutes 2006, section 169.01, subdivision 78, is amended to read:
20.6 		Subd. 78.Recreational vehicle combination. (a) "Recreational vehicle 
20.7 	combination" means a combination of vehicles consisting of a pickup truck as defined 
20.8 	in section 168.011, subdivision 29, attached by means of a fifth-wheel coupling to 
20.9 	a camper-semitrailer which middle vehicle that has hitched to it a trailer carrying a 
20.10 	watercraft as defined in section 86B.005, subdivision 18; off-highway motorcycle as 
20.11 	defined in section 84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile as 
20.12 	defined in section 84.81, subdivision 3; all-terrain vehicle as defined in section 84.92, 
20.13 	subdivision 8; motorized golf cart; or equestrian equipment or supplies.
20.14 	(b) For purposes of this subdivision:,
20.15 	(1) a "fifth-wheel coupling" is a coupling between a camper-semitrailer
20.16 	middle vehicle and a towing pickup truck in which a portion of the weight of the 
20.17 	camper-semitrailer towed middle vehicle is carried over or forward of the rear axle of 
20.18 	the towing pickup.
20.19 	(2) A "camper-semitrailer" is a trailer, other than a manufactured home as defined in 
20.20 	section 327B.01, subdivision 13, designed for human habitation and used for vacation or 
20.21 	recreational purposes for limited periods.

20.22 	Sec. 34. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 
20.23 	to read:
20.24 		Subd. 92.Cellular phone. "Cellular phone" means a cellular, analog, wireless, or 
20.25 	digital telephone capable of sending or receiving telephone or text messages without 
20.26 	an access line for service.

20.27 	Sec. 35. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 
20.28 	to read:
20.29 		Subd. 93.Valid license; valid driver's license. "Valid license," "valid driver's 
20.30 	license," "valid Minnesota driver's license," "valid standard driver's license," or other 
20.31 	similar term, has the meaning given in section 171.01, subdivision 49a.

20.32 	Sec. 36. Minnesota Statutes 2006, section 169.041, subdivision 1, is amended to read:
21.1 		Subdivision 1.Towing authority. For purposes of this section, "towing authority" 
21.2 	means:
21.3 	(1) any local authority authorized by section 169.04 to enforce the traffic laws, and 
21.4 	also includes a private towing company authorized by a local authority to tow vehicles on 
21.5 	behalf of that local authority.; or
21.6 	(2) an authorized employee of the Department of Transportation's freeway service 
21.7 	patrol within the department's eight-county metropolitan district, and also includes a 
21.8 	private towing company authorized by the department to tow vehicles on behalf of the 
21.9 	department.

21.10 	Sec. 37. Minnesota Statutes 2006, section 169.041, subdivision 2, is amended to read:
21.11 		Subd. 2.Towing order required. A towing authority may not tow a motor vehicle 
21.12 	from public property unless a peace officer or parking enforcement officer has prepared, in 
21.13 	addition to the parking citation, a written towing report describing the motor vehicle and 
21.14 	the reasons for towing. The report must be signed by the officer and the tow driver. Within 
21.15 	the Department of Transportation's eight-county metropolitan district, an authorized 
21.16 	employee of the department's freeway service patrol may order a tow from a trunk highway 
21.17 	after preparing a written towing report provided by the Minnesota State Patrol. A citation 
21.18 	need not be issued before the employee orders a tow. The department employee shall 
21.19 	ensure that the tower initially requested to remove the vehicle is given the opportunity, 
21.20 	to the greatest reasonable extent, to actually conduct and complete all towing operations 
21.21 	requested, provided that the owner of the vehicle to be towed has not already requested 
21.22 	that another tower remove the vehicle, in which case the tower contacted by the owner 
21.23 	must be given the first reasonable opportunity to conduct the towing operations required.

21.24 	Sec. 38. Minnesota Statutes 2006, section 169.06, subdivision 5, is amended to read:
21.25 		Subd. 5.Traffic-control signal. (a) Whenever traffic is controlled by traffic-control 
21.26 	signals exhibiting different colored lights, or colored lighted arrows, successively one at a 
21.27 	time or in combination, only the colors Green, Red, and Yellow shall be used, except for 
21.28 	special pedestrian signals carrying a word or legend. The traffic-control signal lights or 
21.29 	colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:
21.30 	(1) Green indication:
21.31 	(i) Vehicular traffic facing a circular green signal may proceed straight through or 
21.32 	turn right or left unless a sign at such place prohibits either turn. But vehicular traffic, 
21.33 	including vehicles turning right or left, shall yield the right-of-way to other vehicles 
22.1 	and to pedestrians lawfully within the intersection or adjacent crosswalk at the time this 
22.2 	signal is exhibited.
22.3 	(ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with 
22.4 	another indication, may cautiously enter the intersection only to make the movement 
22.5 	indicated by the arrow, or other movement as permitted by other indications shown at the 
22.6 	same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully 
22.7 	within an adjacent crosswalk and to other traffic lawfully using the intersection.
22.8 	(iii) Unless otherwise directed by a pedestrian-control signal as provided in 
22.9 	subdivision 6, pedestrians facing any green signal, except when the sole green signal is a 
22.10 	turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. 
22.11 	Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the 
22.12 	pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the 
22.13 	time that the green signal indication is first shown.
22.14 	(2) Steady yellow indication:
22.15 	(i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby 
22.16 	warned that the related green movement is being terminated or that a red indication will be 
22.17 	exhibited immediately thereafter when vehicular traffic must not enter the intersection, 
22.18 	except for the continued movement allowed by any green arrow indication simultaneously 
22.19 	exhibited.
22.20 	(ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a 
22.21 	pedestrian-control signal as provided in subdivision 6, are thereby advised that there is 
22.22 	insufficient time to cross the roadway before a red indication is shown and no pedestrian 
22.23 	shall then start to cross the roadway.
22.24 	(iii) Vehicular traffic facing a steady yellow arrow signal is thereby warned that 
22.25 	the protected vehicular movement permitted by the corresponding prior green arrow 
22.26 	indication is being terminated.
22.27 	(3) Steady red indication:
22.28 	(i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked 
22.29 	stop line but, if none, before entering the crosswalk on the near side of the intersection 
22.30 	or, if none, then before entering the intersection and shall remain standing until a green 
22.31 	indication is shown, except as follows: (A) the driver of a vehicle stopped as close 
22.32 	as practicable at the entrance to the crosswalk on the near side of the intersection or, 
22.33 	if none, then at the entrance to the intersection in obedience to a red or stop signal, 
22.34 	and with the intention of making a right turn may make the right turn, after stopping, 
22.35 	unless an official sign has been erected prohibiting such movement, but shall yield the 
22.36 	right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal 
23.1 	at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another 
23.2 	one-way street on which traffic moves to the left shall stop in obedience to a red or stop 
23.3 	signal and may then make a left turn into the one-way street, unless an official sign has 
23.4 	been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and 
23.5 	other traffic lawfully proceeding as directed by the signal at that intersection.
23.6 	(ii) Unless otherwise directed by a pedestrian-control signal as provided in 
23.7 	subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.
23.8 	(iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a 
23.9 	movement indicated by the arrow, must stop at a clearly marked stop line but, if none, 
23.10 	before entering the crosswalk on the near side of the intersection or, if none, then before 
23.11 	entering the intersection and must remain standing until a permissive signal indication 
23.12 	permitting the movement indicated by the red arrow is displayed, except as follows: when 
23.13 	an official sign has been erected permitting a turn on a red arrow signal, the vehicular 
23.14 	traffic facing a red arrow signal indication is permitted to enter the intersection to turn 
23.15 	right, or to turn left from a one-way street into a one-way street on which traffic moves 
23.16 	to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic 
23.17 	lawfully proceeding as directed by the signal at that intersection.
23.18 	(b) In the event an official traffic-control signal is erected and maintained at a place 
23.19 	other than an intersection, the provisions of this section are applicable except those which 
23.20 	can have no application. Any stop required must be made at a sign or marking on the 
23.21 	pavement indicating where the stop must be made, but in the absence of any such sign or 
23.22 	marking the stop must be made at the signal.
23.23 	(c) When a traffic-control signal indication or indications placed to control a certain 
23.24 	movement or lane are so identified by placing a sign near the indication or indications, 
23.25 	no other traffic-control signal indication or indications within the intersection controls 
23.26 	vehicular traffic for that movement or lane.

23.27 	Sec. 39. Minnesota Statutes 2006, section 169.34, is amended to read:
23.28 	169.34 PROHIBITIONS; STOPPING, PARKING.
23.29 		Subdivision 1.Prohibitions. (a) No person shall stop, stand, or park a vehicle, 
23.30 	except when necessary to avoid conflict with other traffic or in compliance with the 
23.31 	directions of a police officer or traffic-control device, in any of the following places:
23.32 	(1) on a sidewalk;
23.33 	(2) in front of a public or private driveway;
23.34 	(3) within an intersection;
23.35 	(4) within ten feet of a fire hydrant;
24.1 	(5) on a crosswalk;
24.2 	(6) within 20 feet of a crosswalk at an intersection;
24.3 	(7) within 30 feet upon the approach to any flashing beacon, stop sign, or 
24.4 	traffic-control signal located at the side of a roadway;
24.5 	(8) between a safety zone and the adjacent curb or within 30 feet of points on the 
24.6 	curb immediately opposite the ends of a safety zone, unless a different length is indicated 
24.7 	by signs or markings;
24.8 	(9) within 50 feet of the nearest rail of a railroad crossing;
24.9 	(10) within 20 feet of the driveway entrance to any fire station and on the side of 
24.10 	a street opposite the entrance to any fire station within 75 feet of said entrance when 
24.11 	properly signposted;
24.12 	(11) alongside or opposite any street excavation or obstruction when such stopping, 
24.13 	standing, or parking would obstruct traffic;
24.14 	(12) on the roadway side of any vehicle stopped or parked at the edge or curb of a 
24.15 	street;
24.16 	(13) upon any bridge or other elevated structure upon a highway or within a highway 
24.17 	tunnel, except as otherwise provided by ordinance;
24.18 	(14) at any place where official signs prohibit stopping.
24.19 	(b) No person shall move a vehicle not owned by such person into any prohibited 
24.20 	area or away from a curb such distance as is unlawful.
24.21 	(c) No person shall, for camping purposes, leave or park a travel trailer on or within 
24.22 	the limits of any highway or on any highway right-of-way, except where signs are erected 
24.23 	designating the place as a campsite.
24.24 	(d) No person shall stop or park a vehicle on a street or highway when directed or 
24.25 	ordered to proceed by any peace officer invested by law with authority to direct, control, 
24.26 	or regulate traffic.
24.27 		Subd. 2.Violation; penalty for owner or lessee. (a) If a motor vehicle is stopped, 
24.28 	standing, or parked in violation of subdivision 1, the owner of the vehicle, or for a leased 
24.29 	motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor.
24.30 	(b) The owner or lessee may not be fined under paragraph (a) if (1) another person 
24.31 	is convicted for, or pleads guilty to, that violation, or (2) the motor vehicle was stolen at 
24.32 	the time of the violation.
24.33 	(c) Paragraph (a) does not apply to a lessor of a motor vehicle if the lessor keeps a 
24.34 	record of the name and address of the lessee.
24.35 	(d) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle 
24.36 	operator for violating subdivision 1.
25.1 	(e) A violation under paragraph (a) does not constitute grounds for revocation or 
25.2 	suspension of the owner's or lessee's driver's license.

25.3 	Sec. 40. Minnesota Statutes 2006, section 169.443, is amended by adding a subdivision 
25.4 	to read:
25.5 		Subd. 9.Personal cellular phone call prohibition. A school bus driver may not 
25.6 	operate a school bus while communicating over, or otherwise operating, a cellular phone 
25.7 	for personal reasons, whether hand-held or hands free, when the vehicle is in motion.

25.8 	EFFECTIVE DATE. This section is effective July 1, 2007.

25.9 	Sec. 41. Minnesota Statutes 2006, section 169.447, subdivision 2, is amended to read:
25.10 		Subd. 2.Driver seat belt. New School buses and Head Start buses manufactured 
25.11 	after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies 
25.12 	of the type described in section 169.685, subdivision 3. School bus drivers and Head 
25.13 	Start bus drivers must use these seat belts. 

25.14 	EFFECTIVE DATE. This section is effective July 1, 2007.

25.15 	Sec. 42. Minnesota Statutes 2006, section 169.4501, subdivision 1, is amended to read:
25.16 		Subdivision 1.National standards adopted. Except as provided in sections 
25.17 	169.4502 and 169.4503, the construction, design, equipment, and color of types A, B, C, 
25.18 	and D, and multifunctional school activity bus school buses used for the transportation 
25.19 	of school children shall meet the requirements of the "bus chassis standards" and "bus 
25.20 	body standards" in the 2000 2005 edition of the "National School Transportation 
25.21 	Specifications and Procedures" adopted by the National Conference Congress on School 
25.22 	Transportation. Except as provided in section 169.4504, the construction, design, and 
25.23 	equipment of types A, B, C, and D, and multifunctional school activity bus school buses 
25.24 	used for the transportation of students with disabilities also shall meet the requirements 
25.25 	of the "specially equipped school bus standards" in the 2000 2005 National School 
25.26 	Transportation Specifications and Procedures. The "bus chassis standards," "bus body 
25.27 	standards," and "specially equipped school bus standards" sections of the 2000 2005
25.28 	edition of the "National School Transportation Specifications and Procedures" are 
25.29 	incorporated by reference in this chapter. 

25.30 	EFFECTIVE DATE. This section is effective January 1, 2008.

25.31 	Sec. 43. Minnesota Statutes 2006, section 169.4501, subdivision 2, is amended to read:
26.1 		Subd. 2.Applicability. (a) The standards adopted in this section and sections 
26.2 	169.4502 and 169.4503, govern the construction, design, equipment, and color of school 
26.3 	buses used for the transportation of school children, when owned or leased and operated 
26.4 	by a school or privately owned or leased and operated under a contract with a school. 
26.5 	Each school, its officers and employees, and each person employed under the contract is 
26.6 	subject to these standards. 
26.7 	(b) The standards apply to school buses manufactured after October 31, 2004
26.8 	December 31, 2007. Buses complying with the standards when manufactured need not 
26.9 	comply with standards established later except as specifically provided for by law.
26.10 	(c) A school bus manufactured on or before October 31, 2004 December 31, 
26.11 	2007, must conform to the Minnesota standards in effect on the date the vehicle was 
26.12 	manufactured except as specifically provided for in law.
26.13 	(d) A new bus body may be remounted on a used chassis provided that the remounted 
26.14 	vehicle meets state and federal standards for new buses which are current at the time of the 
26.15 	remounting. Permission must be obtained from the commissioner of public safety before 
26.16 	the remounting is done. A used bus body may not be remounted on a new or used chassis.

26.17 	EFFECTIVE DATE. This section is effective January 1, 2008.

26.18 	Sec. 44. Minnesota Statutes 2006, section 169.4502, subdivision 5, is amended to read:
26.19 		Subd. 5.Electrical system; battery. (a) The storage battery, as established by the 
26.20 	manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal 
26.21 	devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the 
26.22 	battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus 
26.23 	with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050 
26.24 	cold cranking amperes.
26.25 	(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and 
26.26 	type C and D buses, the battery shall be temporarily mounted on the chassis frame. The 
26.27 	final location of the battery and the appropriate cable lengths in these buses must comply 
26.28 	with the SBMI design objectives booklet.
26.29 	(c) All batteries shall be mounted according to chassis manufacturers' 
26.30 	recommendations.
26.31 	(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least 
26.32 	550 cold cranking amperes may be installed in the engine compartment only if used in 
26.33 	combination with a generator or alternator of at least 120 130 amperes.
26.34 	(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be 
26.35 	equipped with a battery to provide a minimum of 550 cold cranking amperes only if used 
27.1 	in combination with an alternator of at least 80 130 amperes. This paragraph does not 
27.2 	apply to those buses with wheelchair lifts or diesel engines.

27.3 	EFFECTIVE DATE. This section is effective January 1, 2008.

27.4 	Sec. 45. Minnesota Statutes 2006, section 169.4503, subdivision 13, is amended to 
27.5 	read:
27.6 		Subd. 13.Identification. (a) Each bus shall, in the beltline, identify the school 
27.7 	district serviced, or company name, or owner of the bus. Numbers necessary for 
27.8 	identification must appear on the sides and rear of the bus. Symbols or letters may 
27.9 	be used on the outside of the bus near the entrance door for student identification. A 
27.10 	manufacturer's nameplate or logo may be placed on the bus.
27.11 	(b) Effective December 31, 1994, all type A, B, C, and D buses sold must display 
27.12 	lettering "Unlawful to pass when red lights are flashing" on the rear of the bus. The 
27.13 	lettering shall be in two-inch black letters on school bus yellow background. This message 
27.14 	shall be displayed directly below the upper window of the rear door. On rear engine buses, 
27.15 	it shall be centered at approximately the same location. Only signs and lettering approved 
27.16 	or required by state law may be displayed.

27.17 	EFFECTIVE DATE. This section is effective January 1, 2008.

27.18 	Sec. 46. Minnesota Statutes 2006, section 169.4503, subdivision 20, is amended to 
27.19 	read:
27.20 		Subd. 20.Seat and crash barriers. (a) All restraining barriers and passenger seats 
27.21 	shall be covered with a material that has fire retardant or fire block characteristics.
27.22 	(b) All seats must have a minimum cushion depth of 15 inches and a seat back 
27.23 	height of at least 20 inches above the seating reference point.

27.24 	EFFECTIVE DATE. This section is effective January 1, 2008.

27.25 	Sec. 47. Minnesota Statutes 2006, section 169.471, subdivision 2, is amended to read:
27.26 		Subd. 2.Use of headphones in vehicle.  (a) No person, while operating a motor 
27.27 	vehicle, shall wear headphones or earphones that are used in both ears simultaneously for 
27.28 	purposes of receiving or listening to broadcasts or reproductions from radios, tape decks, 
27.29 	or other sound-producing or transmitting devices.
27.30 	(b) Paragraph (a) does not prohibit: 
27.31 	(1) the use of a hearing aid device by a person who needs the device; or 
28.1 	(2) the use of a communication headset by a firefighter while operating a fire 
28.2 	department emergency vehicle in response to an emergency; or 
28.3 	(3) the use of a communication headset by an emergency medical services person 
28.4 	while operating an ambulance subject to section 144E.101.

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

28.6 	Sec. 48. Minnesota Statutes 2006, section 169.685, subdivision 5, is amended to read:
28.7 		Subd. 5.Violation; petty misdemeanor. (a) Every motor vehicle operator, when 
28.8 	transporting a child under the age of foureight on the streets and highways of this state 
28.9 	in a motor vehicle equipped with factory-installed seat belts, shall equip and install for 
28.10 	use in the motor vehicle, according to the manufacturer's instructions, a child passenger 
28.11 	restraint system meeting federal motor vehicle safety standards.
28.12 	(b) No motor vehicle operator who is operating a motor vehicle on the streets and 
28.13 	highways of this state may transport a child under the age of foureight in a seat of a motor 
28.14 	vehicle equipped with a factory-installed seat belt, unless the child is properly fastened 
28.15 	in the child passenger restraint system. Any motor vehicle operator who violates this 
28.16 	subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not 
28.17 	more than $50. The fine maymust be waived or the amount reduced if the motor vehicle 
28.18 	operator produces evidence that within 14 days after the date of the violation a child 
28.19 	passenger restraint system meeting federal motor vehicle safety standards was purchased 
28.20 	or obtained for the exclusive use of the operator.
28.21 	(c) The fines collected for violations of this subdivision must be deposited in the 
28.22 	state treasury and credited to a special account to be known as the Minnesota child 
28.23 	passenger restraint and education account.

28.24 	Sec. 49. Minnesota Statutes 2006, section 169.685, subdivision 6, is amended to read:
28.25 		Subd. 6.Exceptions. (a) This section does not apply to:
28.26 	(1) a person transporting a child in an emergency medical vehicle while in the 
28.27 	performance of official duties and when the physical or medical needs of the child make 
28.28 	the use of a child passenger restraint system unreasonable or when a child passenger 
28.29 	restraint system is not available; and
28.30 	(2) a peace officer transporting a child while in the performance of official duties 
28.31 	and when a child passenger restraint system is not available, provided that a seat belt 
28.32 	must be substituted; and
28.33 	(3) a person while operating a motor vehicle for hire, including a taxi, airport 
28.34 	limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle.
29.1 	(b) A child passenger restraint system is not required for a child who cannot, in the 
29.2 	judgment of a licensed physician, be safely transported in a child passenger restraint 
29.3 	system because of a medical condition, body size, or physical disability. A motor vehicle 
29.4 	operator claiming exemption for a child under this paragraph must possess a typewritten 
29.5 	statement from the physician stating that the child cannot be safely transported in a child 
29.6 	passenger restraint system. The statement must give the name and birth date of the child, 
29.7 	be dated within the previous six months, and be made on the physician's letterhead or 
29.8 	contain the physician's name, address, and telephone number. A person charged with 
29.9 	violating subdivision 5 may not be convicted if the person produces the physician's 
29.10 	statement in court or in the office of the arresting officer.
29.11 	(c) A person offering a motor vehicle for rent or lease shall provide a child passenger 
29.12 	restraint device to a customer renting or leasing the motor vehicle who requests the device. 
29.13 	A reasonable rent or fee may be charged for use of the child passenger restraint device.

29.14 	Sec. 50. Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:
29.15 		Subdivision 1.Seat belt requirement. (a) A properly adjusted and fastened seat 
29.16 	belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be 
29.17 	worn by:
29.18 	(1) the driver and passengers of a passenger vehicle or commercial motor vehicle;
29.19 	(2) a passenger riding in the front seat of a passenger vehicle or commercial motor 
29.20 	vehicle; and
29.21 	(3) a passenger riding in any seat of a passenger vehicle who is older than three 
29.22 	but younger than 11 years of age.
29.23 	(b) A person who is 15 years of age or older and who violates paragraph (a), clause 
29.24 	(1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial 
29.25 	motor vehicle in which the violation occurred is subject to a $25 fine for a each violation 
29.26 	of paragraph (a), clause (2) or (3), by the driver or by a child of the driver passenger under 
29.27 	the age of 15 or any child under the age of 11. A peace officer may not issue a citation 
29.28 	for a violation of this section unless the officer lawfully stopped or detained the driver of 
29.29 	the motor vehicle for a moving violation other than a violation involving motor vehicle 
29.30 	equipment, but the court may not impose more than one surcharge under section 357.021, 
29.31 	subdivision 6, on the driver. The Department of Public Safety shall not record a violation 
29.32 	of this subdivision on a person's driving record.

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

30.1 	Sec. 51. Minnesota Statutes 2006, section 169.781, is amended to read:
30.2 	169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS, 
30.3 	FEE, PENALTY.
30.4 		Subdivision 1.Definitions. For purposes of sections 169.781 to 169.783: 
30.5 	(a) "Commercial motor vehicle":
30.6 	(1) means a motor vehicle or combination of motor vehicles used to transport 
30.7 	passengers or property if the motor vehicle:
30.8 	(1) a commercial motor vehicle as defined in section 169.01, subdivision 75, 
30.9 	paragraph (a); and (i) has a gross vehicle weight of more than 26,000 pounds;
30.10 	(2) each (ii) is a vehicle in a combination of more than 26,000 pounds.;
30.11 	(iii) is a bus; or
30.12 	(iv) is of any size and is used in the transportation of hazardous materials that are 
30.13 	required to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
30.14 	"Commercial motor vehicle"
30.15 	(2) does not include (1) (i) a school bus or Head Start bus displaying a certificate 
30.16 	under section 169.451, (2) or (ii) a bus operated by the Metropolitan Council or by a local 
30.17 	transit commission created in chapter 458A, or (3) a motor vehicle that is required to be 
30.18 	placarded under Code of Federal Regulations, title 49, parts 100-185. 
30.19 	(b) "Commissioner" means the commissioner of public safety.
30.20 	(c) "Owner" means a person who owns, or has control, under a lease of more than 30 
30.21 	days' duration, of one or more commercial motor vehicles.
30.22 	(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store 
30.23 	property at a location not on a street or highway, (2) does not contain any load when 
30.24 	moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked 
30.25 	on each side of the semitrailer "storage only" in letters at least six inches high.
30.26 	(e) "Building mover vehicle" means a vehicle owned or leased by a building mover 
30.27 	as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for 
30.28 	moving buildings. 
30.29 		Subd. 2.Inspection required. (a) It is unlawful for a person to operate or permit 
30.30 	the operation of:
30.31 	(1) a commercial motor vehicle registered in Minnesota; or
30.32 	(2) special mobile equipment as defined in section 168.011, subdivision 22, and 
30.33 	which is self-propelled, if it is mounted on a commercial motor vehicle chassis, 
30.34 	unless the in violation of the requirements of paragraph (b).
30.35 	(b) A vehicle displays described in paragraph (a):
31.1 	(1) must display a valid safety inspection decal issued by an inspector certified by 
31.2 	the commissioner, or the vehicle carries (1); or
31.3 	(2) must carry (i) proof that the vehicle complies with federal motor vehicle 
31.4 	inspection requirements for vehicles in interstate commerce, and (2) (ii) a certificate of 
31.5 	compliance with federal requirements issued by the commissioner under subdivision 9.
31.6 		Subd. 3.Inspector certification; suspension and revocation; hearing. (a) An 
31.7 	inspection required by this section may be performed only by:
31.8 	(1) an employee of the Department of Public Safety or Transportation who has 
31.9 	been certified by the commissioner after having received training provided by the State 
31.10 	Patrol; or
31.11 	(2) another person who has been certified by the commissioner after having received 
31.12 	training provided by the State Patrol or other training approved by the commissioner.
31.13 	(b) A person who is not an employee of the Department of Public Safety or 
31.14 	Transportation may be certified by the commissioner if the person is:
31.15 	(1) an owner, or employee of the owner, of one or more commercial motor vehicles 
31.16 	that are power units;
31.17 	(2) a dealer licensed under section 168.27 and engaged in the business of buying and 
31.18 	selling commercial motor vehicles, or an employee of the dealer; or
31.19 	(3) engaged in the business of repairing and servicing commercial motor vehicles; or
31.20 	(4) employed by a governmental agency that owns commercial vehicles.
31.21 	(c) Certification of persons described in paragraph (b), clauses (1) to (3) (4), is 
31.22 	effective for two years from the date of certification. The commissioner may require 
31.23 	biennial retraining of persons holding a certificate under paragraph (b) as a condition of 
31.24 	renewal of the certificate. The commissioner may charge a fee of not more than $10 
31.25 	for each certificate issued and renewed. A certified person described in paragraph (b), 
31.26 	clauses (1) to (3) (4), may charge a reasonable fee for each inspection of a vehicle not 
31.27 	owned by the person or the person's employer.
31.28 	(d) Except as otherwise provided in subdivision 5, the standards adopted by the 
31.29 	commissioner for commercial motor vehicle inspections under sections 169.781 to 
31.30 	169.783shall must be the standards prescribed in Code of Federal Regulations, title 49, 
31.31 	section 396.17, and in chapter III, subchapter B, appendix G. 
31.32 	(e) The commissioner may classify types of vehicles for inspection purposes and 
31.33 	may issue separate classes of inspector certificates for each class. The commissioner shall 
31.34 	issue separate categories of inspector certificates based on the following classifications:
31.35 	(1) a class of certificate that authorizes the certificate holder to inspect commercial 
31.36 	motor vehicles without regard to ownership or lease; and
32.1 	(2) a class of certificate that authorizes the certificate holder to inspect only 
32.2 	commercial motor vehicles the certificate holder owns or leases.
32.3 	The commissioner shall issue a certificate described in clause (1) only to a person 
32.4 	described in paragraph (b), clause (2) or (3).
32.5 	(f) The commissioner, after notice and an opportunity for a hearing, may suspend a 
32.6 	certificate issued under paragraph (b) for failure to meet annual certification requirements 
32.7 	prescribed by the commissioner or failure to inspect commercial motor vehicles in 
32.8 	accordance with inspection procedures established by the State Patrol. The commissioner 
32.9 	shall revoke a certificate issued under paragraph (b) if the commissioner determines after 
32.10 	notice and an opportunity for a hearing that the certified person issued an inspection decal 
32.11 	for a commercial motor vehicle when the person knew or reasonably should have known 
32.12 	that the vehicle was in such a state of repair that it would have been declared out of service 
32.13 	if inspected by an employee of the State Patrol. Suspension and revocation of certificates 
32.14 	under this subdivision are not subject to sections 14.57 to 14.69. 
32.15 		Subd. 4.Inspection report. (a) A person performing an inspection under this 
32.16 	section shall issue an inspection report to the owner of the commercial motor vehicle 
32.17 	inspected. The report must include:
32.18 	(1) the full name of the person performing the inspection, and the person's inspector 
32.19 	certification number;
32.20 	(2) the name of the owner of the vehicle and, if applicable, the United States 
32.21 	Department of Transportation carrier number issued to the owner of the vehicle, or to the 
32.22 	operator of the vehicle if other than the owner;
32.23 	(3) the vehicle identification number and, if applicable, the license plate number 
32.24 	of the vehicle;
32.25 	(4) the date and location of the inspection;
32.26 	(5) the vehicle components inspected and a description of the findings of the 
32.27 	inspection, including identification of the components not in compliance with federal 
32.28 	motor carrier safety regulations; and
32.29 	(6) the inspector's certification that the inspection was complete, accurate, and in 
32.30 	compliance with the requirements of this section.
32.31 	(b) The owner must retain a copy of the inspection report for at least 14 months at a 
32.32 	location in the state where the vehicle is domiciled or maintained. The inspector must 
32.33 	maintain a copy of the inspection report for a period of 14 months following the inspection 
32.34 	in a location in the state where the inspector conducts business. During this period the 
32.35 	report must be available for inspection by an authorized federal, state, or local official.
33.1 	(c) The commissioner shall prescribe the form of the inspection report and revise it 
33.2 	as necessary to comply with state and federal law and regulations. The adoption of the 
33.3 	report form is not subject to the Administrative Procedure Act.
33.4 		Subd. 5.Inspection decal. (a) A person inspecting a commercial motor vehicle 
33.5 	shall issue an inspection decal for the vehicle if each inspected component of the vehicle 
33.6 	complies with federal motor carrier safety regulations. The decal must state that in the 
33.7 	month specified on the decal the vehicle was inspected and each inspected component 
33.8 	complied with federal motor carrier safety regulations. The decal is valid for 12 
33.9 	months after the month specified on the decal. The commissioners of public safety and 
33.10 	transportation shall make decals available, at a fee of not more than $2 for each decal, 
33.11 	to persons certified to perform inspections under subdivision 3, paragraph (b). Decals 
33.12 	are issued to inspectors by serial number and are not transferable unless approved by 
33.13 	the commissioner.
33.14 	(b) Minnesota inspection decals may be affixed only to:
33.15 	(1) commercial motor vehicles bearing Minnesota-based license plates; or
33.16 	(2) special mobile equipment, within the meaning of subdivision 2, clause (2).
33.17 	(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less 
33.18 	than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage 
33.19 	semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle 
33.20 	unless the vehicle has one or more defects that would result in the vehicle being declared 
33.21 	out of service under the North American Uniform Driver, Vehicle, and Hazardous 
33.22 	Materials Out-of-Service Criteria issued by the Federal Highway Administration and the 
33.23 	Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1), 
33.24 	(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle 
33.25 	must clearly indicate that it is valid for two years from the date of issuance.
33.26 	(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered 
33.27 	as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, 
33.28 	and (3) was manufactured before 1979 that has a dual transmission system, is not required 
33.29 	to comply with a requirement in an inspection standard that requires that the service brake 
33.30 	system and parking brake system be separate systems in the motor vehicle.
33.31 		Subd. 6.Record review; random inspection; audit. Employees of the State Patrol 
33.32 	and motor transportation representatives of the Department of Transportation may review 
33.33 	records required to be kept under subdivision 4, paragraph (b), and conduct random 
33.34 	vehicle inspections and audits at the facility of an owner of a commercial motor vehicle.
33.35 		Subd. 7.Disposition of revenues. The commissioner shall pay all revenues received 
33.36 	under this section to the commissioner of finance for deposit in the trunk highway fund.
34.1 		Subd. 8.Violation; misdemeanor. A violation of this section is a misdemeanor.
34.2 		Subd. 9.Proof of federal inspection. An owner of a commercial motor vehicle 
34.3 	that is subject to and in compliance with federal motor vehicle inspection requirements 
34.4 	for vehicles in interstate commerce may apply to the commissioner for a certificate 
34.5 	of compliance with federal requirements. On payment of a fee equal to the fee for an 
34.6 	inspection decal under subdivision 5, paragraph (a), the commissioner shall issue the 
34.7 	certificate to the applicant. This subdivision only applies to Minnesota-licensed vehicles 
34.8 	that are not housed or maintained in Minnesota.
34.9 		Subd. 10.Exemption. This section does not apply to a vehicle operated by a motor 
34.10 	carrier of passengers, as defined in section 221.011, subdivision 48, if the vehicle has 
34.11 	been inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within 
34.12 	the previous 12 months. 

34.13 	Sec. 52. Minnesota Statutes 2006, section 169.782, subdivision 1, is amended to read:
34.14 		Subdivision 1.Driver; daily inspection report. (a) The driver of a commercial 
34.15 	motor vehicle shall report in writing at the completion of each day's work on each 
34.16 	commercial motor vehicle the driver has operated. A person who owns one or more 
34.17 	commercial motor vehicles and who employs drivers for those commercial motor vehicles 
34.18 	must require each driver to submit a written report as required in by this section. The 
34.19 	report must cover the following parts and accessories: service brakes, including trailer and 
34.20 	semitrailer brake connections; parking (hand) brake; steering mechanism; lighting devices 
34.21 	and reflectors; tires; horn; windshield wiper or wipers; rear vision mirror or mirrors; 
34.22 	coupling devices; wheels and rims; and emergency equipment.
34.23 	(b) The report must identify the vehicle and list any defect or deficiency discovered 
34.24 	by or reported to the driver that would affect the safe operation of the vehicle or result in 
34.25 	its mechanical breakdown. If no defect or deficiency is discovered by or reported to the 
34.26 	driver, the report must so indicate. The driver must sign the report after completing it. In 
34.27 	the case of a commercial motor vehicle operated by two drivers, the signature of one of 
34.28 	the drivers satisfies the requirements of this subdivision if both drivers agree concerning 
34.29 	the defects or deficiencies. If a driver operates more than one commercial motor vehicle 
34.30 	during a day's work, a report must be prepared for each vehicle operated.
34.31 	(c) Before operating or allowing the operation of a commercial motor vehicle on 
34.32 	which a report has been prepared under this subdivision, the owner of the vehicle or 
34.33 	the owner's agent must repair defects or deficiencies listed on the report that would be 
34.34 	sufficient under inspection procedures established by the State Patrol to require the vehicle 
34.35 	to be declared out of service likely affect the safe operation of the vehicle. Before allowing 
35.1 	the commercial motor vehicle to be operated again, the owner or the owner's agent must 
35.2 	certify, on the report listing the defect or deficiency, that the defect or deficiency has 
35.3 	been corrected or that correction is unnecessary. A motor carrier must keep the original 
35.4 	vehicle inspection report for at least three months after the date of inspection. The report 
35.5 	must be available for inspection by an authorized federal, state, or local official at any 
35.6 	time during this period.
35.7 	(d) A copy of the vehicle inspection report, including a certification of corrections 
35.8 	resulting from the report, must be carried in the commercial motor vehicle, or in the power 
35.9 	unit of a commercial motor vehicle combination, at all times when the vehicle or power 
35.10 	unit is operated until the next inspection report is completed under this subdivision. The 
35.11 	copy must be made available on demand to: (1) a peace officer;, (2) a person authorized 
35.12 	under section 221.221;, and (3) a person described in section 299D.06. 

35.13 	Sec. 53. Minnesota Statutes 2006, section 169.783, subdivision 1, is amended to read:
35.14 		Subdivision 1.Postcrash inspection. (a) A peace officer responding to an accident 
35.15 	involving a commercial motor vehicle must immediately notify the State Patrol if the 
35.16 	accident results in death, personal injury, or property damage to an apparent extent of 
35.17 	more than $4,400.:
35.18 	(1) a fatality;
35.19 	(2) bodily injury to a person who, as a result of the injury, immediately receives 
35.20 	medical treatment away from the scene of the accident; or
35.21 	(3) one or more motor vehicles incurring disabling damage as a result of the 
35.22 	accident, requiring the motor vehicles to be transported away from the scene by tow 
35.23 	truck or other motor vehicle.
35.24 	(b) It is a misdemeanor for a person to drive or cause to be driven a commercial 
35.25 	motor vehicle after such an accident unless the vehicle:
35.26 	(1) has been inspected by a state trooper or other person authorized to conduct 
35.27 	inspections under section 169.781, subdivision 3, paragraph (a), who is an employee of 
35.28 	the Department of Public Safety or Transportation, and the person inspecting the vehicle 
35.29 	has determined that the vehicle may safely be operated; or 
35.30 	(2) a waiver has been granted under subdivision 2.

35.31 	Sec. 54. Minnesota Statutes 2006, section 169.81, subdivision 2, is amended to read:
35.32 		Subd. 2.Length of single vehicle; exceptions. (a) Statewide, no single vehicle may 
35.33 	exceed 40 45 feet in overall length, including load and front and rear bumpers, except:
35.34 	(1) mobile cranes, which may not exceed 48 feet in overall length;
36.1 	(2) buses, which may not exceed 45 feet in overall length; and
36.2 	(3) type A, B, or C motor homes as defined in section 168.011, subdivision 25, 
36.3 	paragraph (c), which may not exceed 45 feet in overall length. 
36.4 	(b) Statewide, no semitrailer may exceed 48 feet in overall length, including bumper 
36.5 	and load, but excluding non-cargo-carrying equipment, such as refrigeration units or air 
36.6 	compressors, necessary for safe and efficient operation and located on the end of the 
36.7 	semitrailer adjacent to the truck-tractor. However, statewide, a single semitrailer may 
36.8 	exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline of the 
36.9 	rear axle group of the semitrailer does not exceed 43 feet.
36.10 	(c) Statewide, no single trailer may have an overall length exceeding 45 feet, 
36.11 	including the tow bar assembly but exclusive of rear bumpers that do not increase the 
36.12 	overall length by more than six inches.
36.13 	(d) For determining compliance with this subdivision, the length of the semitrailer 
36.14 	or trailer must be determined separately from the overall length of the combination of 
36.15 	vehicles.
36.16 	(e) No semitrailer or trailer used in a three-vehicle combination may have an overall 
36.17 	length in excess of 28-1/2 feet, exclusive of:
36.18 	(1) non-cargo-carrying accessory equipment, including refrigeration units or air 
36.19 	compressors and upper coupler plates, necessary for safe and efficient operation, located 
36.20 	on the end of the semitrailer or trailer adjacent to the truck or truck-tractor;
36.21 	(2) the tow bar assembly; and
36.22 	(3) lower coupler equipment that is a fixed part of the rear end of the first semitrailer 
36.23 	or trailer.

36.24 	EFFECTIVE DATE. This section is effective August 1, 2007.

36.25 	Sec. 55. Minnesota Statutes 2006, section 169.823, subdivision 1, is amended to read:
36.26 		Subdivision 1.Pneumatic-tired vehicle. No vehicle or combination of vehicles 
36.27 	equipped with pneumatic tires shall be operated upon the highways of this state:
36.28 	(1) where the gross weight on any wheel exceeds 9,000 pounds, except that on 
36.29 	paved county state-aid highways, paved county roads, designated local routes, and state 
36.30 	trunk highways the gross weight on any single wheel shall not exceed 10,000 pounds
36.31 	unless posted;
36.32 	(2) where the gross weight on any single axle exceeds 18,000 pounds, except that 
36.33 	on  paved county state-aid highways, paved county roads, designated local routes, and 
36.34 	state trunk highways the gross weight on any single axle shall not exceed 20,000 pounds
36.35 	unless posted;
37.1 	(3) where the maximum wheel load:
37.2 	(i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire 
37.3 	width or the manufacturer's recommended load, whichever is less; or
37.4 	(ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's 
37.5 	recommended load, whichever is less. This item applies to new vehicles manufactured 
37.6 	after August 1, 1991. For vehicles manufactured before August 2, 1991, the maximum 
37.7 	weight per inch of tire width is 600 pounds per inch or the manufacturer's recommended 
37.8 	load, whichever is less, until August 1, 1996. After July 31, 1996, this item applies to all 
37.9 	vehicles regardless of date of manufacture;
37.10 	(4) where the gross weight on any axle of a tridem exceeds 15,000 pounds, except 
37.11 	that for vehicles to which an additional axle has been added prior to June 1, 1981, the 
37.12 	maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the 
37.13 	gross weight of the tridem combination does not exceed 39,900 pounds where the first 
37.14 	and third axles of the tridem are spaced nine feet apart;
37.15 	(5) where the gross weight on any group of axles exceeds the weights permitted 
37.16 	under sections 169.822 to 169.829 with any or all of the interior axles disregarded, and 
37.17 	with an exterior axle disregarded if the exterior axle is a variable load axle that is not 
37.18 	carrying its intended weight, and their gross weights subtracted from the gross weight of 
37.19 	all axles of the group under consideration. 

37.20 	Sec. 56. Minnesota Statutes 2006, section 169.824, subdivision 2, is amended to read:
37.21 		Subd. 2.Gross vehicle weight of all axles. (a) Notwithstanding the provisions 
37.22 	of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of 
37.23 	vehicles shallmust not exceed:
37.24 	(1) 80,000 pounds for any vehicle or combination of vehicles on all state (i) trunk 
37.25 	highways as defined in section 160.02, subdivision 29, and for all(ii) routes designated 
37.26 	under section 169.832, subdivision 11, and (iii) paved nine-ton routes;
37.27 	(2) 88,000 pounds for any vehicle or combination of vehicles with six or more 
37.28 	axles while exclusively engaged in hauling livestock on all state trunk highways other 
37.29 	than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5, 
37.30 	paragraph (k); and
37.31 	(3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less 
37.32 	on all routes, other than state trunk highways and routes that are designated under section 
37.33 	169.832, subdivision 11, except that a vehicle needing reasonable access to a terminal or 
37.34 	facilities for food, fuel, repairs, and rest, located within three miles of a ten-ton route, may 
37.35 	not exceed 80,000 pounds. "Terminal" means any location where freight either originates, 
38.1 	terminates, or is handled in the transportation process, or where commercial motor carriers 
38.2 	maintain operating facilities; and routes identified in clause (1).
38.3 	(4) 80,000 pounds for any vehicle or combination of vehicles with six or more 
38.4 	axles on all routes, other than state trunk highways and routes that are designated under 
38.5 	section 169.832, subdivision 11.
38.6 	(b) The maximum weights specified in this section for five consecutive axles shall 
38.7 	not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle 
38.8 	prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of 
38.9 	vehicles excepted by this clause shall not exceed any maximum weight specified for 
38.10 	four or fewer consecutive axles in this section Notwithstanding the maximum weight 
38.11 	provisions of this section and section 169.85, and in order to promote the reduction of 
38.12 	fuel use and emissions because of engine idling, the maximum gross vehicle weight 
38.13 	limits and the axle weight limits for any motor vehicle subject to sections 169.80 to 
38.14 	169.88 and equipped with idle reduction technology must be increased by the amount of 
38.15 	weight necessary to compensate for the weight of the idle reduction technology, not to 
38.16 	exceed 400 pounds. At the request of an authorized representative of the Department of 
38.17 	Transportation or the Department of Public Safety, the vehicle operator shall provide proof 
38.18 	that the vehicle is equipped with this technology through documentation or demonstration.

38.19 	Sec. 57. Minnesota Statutes 2006, section 169.829, subdivision 2, is amended to read:
38.20 		Subd. 2.Tow truck. Sections 169.822 to 169.828 do not apply to a tow truck or 
38.21 	towing vehicle when towing a disabled or damaged vehicle damaged in such manner that 
38.22 	the towed vehicle cannot be towed from the rear and, when the movement is temporary
38.23 	urgent, and when the movement is for the purpose of takingremoving the disabled vehicle 
38.24 	from the roadway to a place of safekeeping or to a place of repair. 

38.25 	Sec. 58. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision 
38.26 	to read:
38.27 		Subd. 8.Tow truck. A tow truck or towing vehicle, when towing a disabled or 
38.28 	damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length 
38.29 	and weight limitations of this chapter, subject to a $300 annual permit fee and such 
38.30 	conditions as the commissioner may prescribe.

38.31 	Sec. 59. Minnesota Statutes 2006, section 169.864, subdivision 1, is amended to read:
38.32 		Subdivision 1.Special three-unit vehicle permit. The commissioner may issue a 
38.33 	permit for a vehicle that meets the following requirements:
39.1 	(1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing 
39.2 	one additional semitrailer, which may be equipped with an auxiliary dolly, and no 
39.3 	semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 
39.4 	feet;
39.5 	(2) has a maximum gross vehicle weight of 108,000 pounds;
39.6 	(3) complies with the axle weight limits in section 169.824 or with the federal bridge 
39.7 	formula for axle groups not described in that section;
39.8 	(4) complies with the tire weight limits in section 169.823 or the tire manufacturers' 
39.9 	recommended load, whichever is less;
39.10 	(5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids 
39.11 	and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its 
39.12 	junction with Trunk Highway marked 53; on Trunk Highway marked 194 between Trunk 
39.13 	Highway marked 2 and Trunk Highway marked 53; and on Trunk Highway marked 53 
39.14 	between Virginia and the port of Duluth; and
39.15 	(6) the seasonal weight increases authorized under section 169.826, subdivision 1, 
39.16 	do not apply.

39.17 	Sec. 60. Minnesota Statutes 2006, section 169.864, subdivision 2, is amended to read:
39.18 		Subd. 2.Special two-unit vehicle permit. The commissioner may issue a permit 
39.19 	for a vehicle that meets the following requirements:
39.20 	(1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer 
39.21 	that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline 
39.22 	of the rear axle group of the semitrailer does not exceed 43 feet;
39.23 	(2) has a maximum gross vehicle weight of 90,000 pounds or 97,000 pounds if 
39.24 	the truck has seven axles;
39.25 	(3) has a maximum gross vehicle weight of 98,000 pounds during the time when 
39.26 	seasonal weight increases authorized under section 169.826, subdivision 1, are in effect;
39.27 	(4) complies with the axle weight limits in section 169.824 or with the federal bridge 
39.28 	formula for axle groups not described in that section;
39.29 	(5) complies with the tire weight limits in section 169.823 or the tire manufacturers' 
39.30 	recommended load, whichever is less; and
39.31 	(6) is operated only on the highways specified in subdivision 1, clause (5).

39.32 	Sec. 61. Minnesota Statutes 2006, section 171.01, is amended by adding a subdivision 
39.33 	to read:
40.1 		Subd. 49a.Valid license; valid driver's license. "Valid license," "valid driver's 
40.2 	license," "valid Minnesota driver's license," "valid standard driver's license," or other 
40.3 	similar term, means any operator's license, provisional license, temporary license, limited 
40.4 	license, permit, or other license to operate a motor vehicle issued or issuable under the laws 
40.5 	of this state by the commissioner, or by another state or jurisdiction if specified, that is:
40.6 	(1) not expired, suspended, revoked, or canceled; and
40.7 	(2) not disqualified for the class of vehicle being operated.

40.8 	Sec. 62. Minnesota Statutes 2006, section 171.02, subdivision 1, is amended to read:
40.9 		Subdivision 1.License required; duplicate identification restricted. (a) Except 
40.10 	when expressly exempted, a person shall not drive a motor vehicle upon a street or 
40.11 	highway in this state unless the person has a license valid license under this chapter for 
40.12 	the type or class of vehicle being driven.
40.13 	(b) The department shall not issue a driver's license to a person unless and until the 
40.14 	person's license from any jurisdiction has been invalidated. The department shall provide 
40.15 	to the issuing department of any jurisdiction, information that the licensee is now licensed 
40.16 	in Minnesota. A person is not permitted to have more than one valid driver's license 
40.17 	at any time. The department shall not issue to a person to whom a current Minnesota 
40.18 	identification card has been issued a driver's license, other than a limited license, unless 
40.19 	the person's Minnesota identification card has been invalidated. This subdivision does 
40.20 	not require invalidation of a tribal identification card as a condition of receiving a driver's 
40.21 	license.

40.22 	Sec. 63. Minnesota Statutes 2006, section 171.02, subdivision 2, is amended to read:
40.23 		Subd. 2.Driver's license classifications, endorsements, exemptions. (a) Drivers' 
40.24 	licenses are classified according to the types of vehicles that may be driven by the holder 
40.25 	of each type or class of license. The commissioner may, as appropriate, subdivide the 
40.26 	classes listed in this subdivision and issue licenses classified accordingly.
40.27 	(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no 
40.28 	class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer 
40.29 	or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless 
40.30 	so endorsed. There are four general classes of licenses as described in paragraphs (c) 
40.31 	through (f).
40.32 	(c) Class D drivers' licenses are valid for:
40.33 	(1) operating all farm trucks if the farm truck is:
41.1 	(i) controlled and operated by a farmer, including operation by an immediate family 
41.2 	member or an employee of the farmer;
41.3 	(ii) used to transport agricultural products, farm machinery, or farm supplies, 
41.4 	including hazardous materials, to or from a farm;
41.5 	(iii) not used in the operations of a common or contract motor carrier as governed by 
41.6 	Code of Federal Regulations, title 49, part 365; and
41.7 	(iv) used within 150 miles of the farm;
41.8 	(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, 
41.9 	as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds 
41.10 	gross vehicle weight;
41.11 	(3) operating a recreational vehicle as defined in section 168.011, subdivision 25, 
41.12 	that is operated for personal use;
41.13 	(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of 
41.14 	more than 26,000 pounds, vehicles designed to carry more than 15 passengers including 
41.15 	the driver, and vehicles that carry hazardous materials;
41.16 	(5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional 
41.17 	school activity bus without a school bus endorsement if:
41.18 	(i) the bus has a gross vehicle weight of 10,000 pounds or less;
41.19 	(ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
41.20 	(iii) the requirements of subdivision 2a are satisfied, as determined by the 
41.21 	commissioner;
41.22 	(i) the bus is designed to transport 15 or fewer passengers, including the driver;
41.23 	(ii) the requirements of subdivision 2a are satisfied, as determined by the 
41.24 	commissioner; and
41.25 	(iii) the type A school bus or a multifunctional school activity bus has a gross vehicle 
41.26 	weight of 14,500 pounds or less;
41.27 	(6) operating any vehicle or combination of vehicles when operated by a licensed 
41.28 	peace officer while on duty; and
41.29 	(7) towing vehicles if:
41.30 	(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
41.31 	(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and 
41.32 	the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.
41.33 	(d) Class C drivers' licenses are valid for:
41.34 	(1) operating class D motor vehicles;
41.35 	(2) with a hazardous materials endorsement, transporting hazardous materials 
41.36 	in class D vehicles; and
42.1 	(3) with a school bus endorsement, operating school buses designed to transport 15 
42.2 	or fewer passengers, including the driver.
42.3 	(e) Class B drivers' licenses are valid for:
42.4 	(1) operating all class C motor vehicles, class D motor vehicles, and all other 
42.5 	single-unit motor vehicles including, with a passenger endorsement, buses; and
42.6 	(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
42.7 	(f) Class A drivers' licenses are valid for operating any vehicle or combination of 
42.8 	vehicles.

42.9 	EFFECTIVE DATE. This section is effective January 1, 2008.

42.10 	Sec. 64. Minnesota Statutes 2006, section 171.02, subdivision 2a, is amended to read:
42.11 		Subd. 2a.Exception for certain school bus drivers. Notwithstanding subdivision 
42.12 	2, paragraph (c), the holder of a class D driver's license, without a school bus endorsement, 
42.13 	may operate a type A school bus or a multifunctional school activity bus described in 
42.14 	subdivision 2, paragraph (b), under the following conditions:
42.15 	(a) The operator is an employee of the entity that owns, leases, or contracts for the 
42.16 	school bus and is not solely hired to provide transportation services under this subdivision.
42.17 	(b) The operator drives the school bus only from points of origin to points of 
42.18 	destination, not including home-to-school trips to pick up or drop off students.
42.19 	(c) The operator is prohibited from using the type A school bus eight-light system. 
42.20 	Violation of this paragraph is a misdemeanor.
42.21 	(d) The operator's employer has adopted and implemented a policy that provides for 
42.22 	annual training and certification of the operator in:
42.23 	(1) safe operation of the type of school bus the operator will be driving;
42.24 	(2) understanding student behavior, including issues relating to students with 
42.25 	disabilities;
42.26 	(3) encouraging orderly conduct of students on the bus and handling incidents of 
42.27 	misconduct appropriately;
42.28 	(4) knowing and understanding relevant laws, rules of the road, and local school 
42.29 	bus safety policies;
42.30 	(5) handling emergency situations; and
42.31 	(6) safe loading and unloading of students.
42.32 	(e) A background check or background investigation of the operator has been 
42.33 	conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
42.34 	for teachers; section 144.057 or chapter 245C for day care employees; or section 171.321, 
43.1 	subdivision 3, for all other persons operating a type A school bus vehicle under this 
43.2 	subdivision.
43.3 	(f) Operators shall submit to a physical examination as required by section 171.321, 
43.4 	subdivision 2.
43.5 	(g) The operator's driver's license is verified annually by the entity that owns, leases, 
43.6 	or contracts for the school bus vehicle.
43.7 	(h) A person who sustains a conviction, as defined under section 609.02, of violating 
43.8 	section 169A.25, 169A.26, 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute 
43.9 	or ordinance of another state is precluded from operating a school bus for five years 
43.10 	from the date of conviction.
43.11 	(i) A person who has ever been convicted of a disqualifying offense as defined in 
43.12 	section 171.3215, subdivision 1, paragraph (c), may not operate a school bus under this 
43.13 	subdivision.
43.14 	(j) A person who sustains a conviction, as defined under section 609.02, of a fourth 
43.15 	moving offense in violation of chapter 169 is precluded from operating a school bus for 
43.16 	one year from the date of the last conviction.
43.17 	(k) Students riding the school bus vehicle must have training required under section 
43.18 	123B.90, subdivision 2.
43.19 	(l) An operator must be trained in the proper use of child safety restraints as set 
43.20 	forth in the National Highway Traffic Safety Administration's "Guideline for the Safe 
43.21 	Transportation of Pre-school Age Children in School Buses.," if child safety restraints are 
43.22 	used by the passengers.
43.23 	(m) Annual certification of the requirements listed in this subdivision must be 
43.24 	maintained under separate file at the business location for each operator licensed under 
43.25 	this subdivision and subdivision 2, paragraph (b), clause (5). The business manager, 
43.26 	school board, governing body of a nonpublic school, or any other entity that owns, 
43.27 	leases, or contracts for the school bus operating under this subdivision is responsible 
43.28 	for maintaining these files for inspection.
43.29 	(n) The school bus vehicle must bear a current certificate of inspection issued under 
43.30 	section 169.451.
43.31 	(o) On a type A school bus, the word "School" on the front and rear of the bus 
43.32 	must be covered by a sign that reads "Activities" when the bus is being operated under 
43.33 	authority of this subdivision.

43.34 	EFFECTIVE DATE. This section is effective January 1, 2008.

43.35 	Sec. 65. Minnesota Statutes 2006, section 171.05, subdivision 2b, is amended to read:
44.1 		Subd. 2b.Instruction permit use by person under age 18. (a) This subdivision 
44.2 	applies to persons who have applied for and received an instruction permit under 
44.3 	subdivision 2.
44.4 	(b) The permit holder may, with the permit in possession, operate a motor vehicle, 
44.5 	but must be accompanied by and be under the supervision of a certified driver education 
44.6 	instructor, the permit holder's parent or guardian, or another licensed driver age 21 or 
44.7 	older. The supervisor must occupy the seat beside the permit holder.
44.8 	(c) The permit holder may operate a motor vehicle only when every occupant under 
44.9 	the age of 18 has a seat belt or child passenger restraint system properly fastened. A 
44.10 	person who violates this paragraph is subject to a fine of $25. A peace officer may 
44.11 	not issue a citation for a violation of this paragraph unless the officer lawfully stopped 
44.12 	or detained the driver of the motor vehicle for a moving violation as defined in section 
44.13 	171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on 
44.14 	a person's driving record.
44.15 	(d) The permit holder may not operate a vehicle while communicating over, or 
44.16 	otherwise operating, a cellular or wireless telephone, whether handheld or hands free, 
44.17 	when the vehicle is in motion. The permit holder may assert as an affirmative defense that 
44.18 	the violation was made for the sole purpose of obtaining emergency assistance to prevent 
44.19 	a crime about to be committed, or in the reasonable belief that a person's life or safety 
44.20 	was in danger. Violation of this paragraph is a petty misdemeanor subject to section 
44.21 	169.89, subdivision 2.
44.22 	(e) (d) The permit holder must maintain a driving record free of convictions for 
44.23 	moving violations, as defined in section 171.04, subdivision 1, and free of convictions 
44.24 	for violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If 
44.25 	the permit holder drives a motor vehicle in violation of the law, the commissioner shall 
44.26 	suspend, cancel, or revoke the permit in accordance with the statutory section violated.

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

44.28 	Sec. 66. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
44.29 		Subd. 2.Use of provisional license. (a) A provisional license holder may operate a 
44.30 	motor vehicle only when every occupant under the age of 18 has a seat belt or child 
44.31 	passenger restraint system properly fastened. A person who violates this paragraph is 
44.32 	subject to a fine of $25. A peace officer may not issue a citation for a violation of this 
44.33 	paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 
44.34 	for a moving violation as defined in section 171.04. The commissioner shall not record a 
44.35 	violation of this paragraph on a person's driving record.
45.1 	(b) A provisional license holder may not operate a vehicle while communicating 
45.2 	over, or otherwise operating, a cellular or wireless telephone, whether handheld or 
45.3 	hands free, when the vehicle is in motion. The provisional license holder may assert 
45.4 	as an affirmative defense that the violation was made for the sole purpose of obtaining 
45.5 	emergency assistance to prevent a crime about to be committed, or in the reasonable 
45.6 	belief that a person's life or safety was in danger. Violation of this paragraph is a petty 
45.7 	misdemeanor subject to section 169.89, subdivision 2.
45.8 	(c) (b) For the first six months of provisional licensure, a provisional license holder 
45.9 	may not operate a motor vehicle carrying more than one passenger under the age of 20 
45.10 	years who is not a member of the holder's immediate family. For the second six months, 
45.11 	the holder of the license may not operate a motor vehicle that is carrying more than three 
45.12 	passengers who are under the age of 20 years and who are not members of the holder's 
45.13 	immediate family.
45.14 	(c) For the first six months of provisional licensure, a provisional license holder 
45.15 	may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when 
45.16 	the license holder is:
45.17 	(1) driving between the license holder's home and place of employment;
45.18 	(2) driving between the license holder's home and a school event for which the 
45.19 	school has not provided transportation;
45.20 	(3) driving for employment purposes; or
45.21 	(4) accompanied by a licensed driver at least 25 years of age.
45.22 	(d)  If the holder of a provisional license during the period of provisional licensing 
45.23 	incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 
45.24 	169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 
45.25 	than one conviction for a moving violation that is not crash related, the person may not be 
45.26 	issued a driver's license until 12 consecutive months have expired since the date of the 
45.27 	conviction or until the person reaches the age of 18 years, whichever occurs first.

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

45.29 	Sec. 67. Minnesota Statutes 2006, section 171.06, subdivision 3, is amended to read:
45.30 		Subd. 3.Contents of application; other information. (a) An application must:
45.31 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
45.32 	applicant, or (ii) the designated address under section 5B.05;
45.33 	(2) as may be required by the commissioner, contain a description of the applicant 
45.34 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
45.35 	applicant's ability to operate a motor vehicle with safety;
46.1 	(3) state:
46.2 	(i) the applicant's Social Security number; or
46.3 	(ii) if the applicant does not have a social security number and is applying for a 
46.4 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
46.5 	that the applicant certifies that the applicant does not have a Social Security number;
46.6 	(4) contain a space where the applicant may indicate a desire to make an anatomical 
46.7 	gift according to paragraph (b); and
46.8 	(5) contain a notification to the applicant of the availability of a living will/health 
46.9 	care directive designation on the license under section   171.07, subdivision 7. 
46.10 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
46.11 	the application is made, the applicant must be offered a donor document in accordance 
46.12 	with section   171.07, subdivision 5. The application must contain statements sufficient 
46.13 	to comply with the requirements of the Uniform Anatomical Gift Act (1987), sections   
46.14 	525.921 to   525.9224, so that execution of the application or donor document will make 
46.15 	the anatomical gift as provided in section   171.07, subdivision 5, for those indicating a 
46.16 	desire to make an anatomical gift. The application must be accompanied by information 
46.17 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
46.18 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
46.19 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
46.20 	that must accompany all applications for and renewals of a driver's license or Minnesota 
46.21 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
46.22 	procurement organization that is certified by the federal Department of Health and Human 
46.23 	Services and must include: 
46.24 	(1) a statement that provides a fair and reasonable description of the organ donation 
46.25 	process, the care of the donor body after death, and the importance of informing family 
46.26 	members of the donation decision; and
46.27 	(2) a telephone number in a certified Minnesota organ procurement organization that 
46.28 	may be called with respect to questions regarding anatomical gifts.
46.29 	(c) The application must be accompanied also by information containing relevant 
46.30 	facts relating to:
46.31 	(1) the effect of alcohol on driving ability;
46.32 	(2) the effect of mixing alcohol with drugs;
46.33 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
46.34 	influence of alcohol or a controlled substance; and
46.35 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
46.36 	for alcohol-related violations.

47.1 	Sec. 68. Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read:
47.2 		Subdivision 1.License; contents. (a) Upon the payment of the required fee, the 
47.3 	department shall issue to every qualifying applicant a license designating the type or 
47.4 	class of vehicles the applicant is authorized to drive as applied for. This license must 
47.5 	bear a distinguishing number assigned to the licensee; the licensee's full name, and date 
47.6 	of birth, and; either (1) the licensee's residence address, or (2) the designated address 
47.7 	under section 5B.05; a description of the licensee in a manner as the commissioner deems 
47.8 	necessary; and the usual signature of the licensee. No license is valid unless it bears 
47.9 	the usual signature of the licensee. Every license must bear a colored photograph or an 
47.10 	electronically produced image of the licensee.
47.11 	(b) If the United States Postal Service will not deliver mail to the applicant's 
47.12 	residence address as listed on the license, then the applicant shall provide verification from 
47.13 	the United States Postal Service that mail will not be delivered to the applicant's residence 
47.14 	address and that mail will be delivered to a specified alternate mailing address. When an 
47.15 	applicant provides an alternate mailing address under this subdivision, the commissioner 
47.16 	shall use the alternate mailing address in lieu of the applicant's residence address for 
47.17 	all notices and mailings to the applicant.
47.18 	(c) Every license issued to an applicant under the age of 21 must be of a 
47.19 	distinguishing color and plainly marked "Under-21."
47.20 	(d) The department shall use processes in issuing a license that prohibit, as nearly as 
47.21 	possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a 
47.22 	photograph or electronically produced image on a license, without ready detection.
47.23 	(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if 
47.24 	requested by the applicant.

47.25 	Sec. 69. Minnesota Statutes 2006, section 171.07, subdivision 3, is amended to read:
47.26 		Subd. 3.Identification card; fee. (a) Upon payment of the required fee, the 
47.27 	department shall issue to every qualifying applicant a Minnesota identification card. The 
47.28 	department may not issue a Minnesota identification card to an individual who has a 
47.29 	driver's license, other than a limited license. The card must bear a distinguishing number 
47.30 	assigned to the applicant; a colored photograph or an electronically produced image of 
47.31 	the applicant; the applicant's full name, and date of birth, and; either (1) the licensee's
47.32 	residence address, or (2) the designated address under section 5B.05; a description of the 
47.33 	applicant in the manner as the commissioner deems necessary; and the usual signature of 
47.34 	the applicant.
48.1 	(b) If the United States Postal Service will not deliver mail to the applicant's 
48.2 	residence address as listed on the Minnesota identification card, then the applicant shall 
48.3 	provide verification from the United States Postal Service that mail will not be delivered 
48.4 	to the applicant's residence address and that mail will be delivered to a specified alternate 
48.5 	mailing address. When an applicant provides an alternate mailing address under this 
48.6 	subdivision, the commissioner shall use the alternate mailing address in lieu of the 
48.7 	applicant's residence address for all notices and mailings to the applicant.
48.8 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
48.9 	distinguishing color and plainly marked "Under-21."
48.10 	(d) Each Minnesota identification card must be plainly marked "Minnesota 
48.11 	identification card - not a driver's license."
48.12 	(e) The fee for a Minnesota identification card is 50 cents when issued to a person 
48.13 	who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 
48.14 	physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 
48.15 	mental illness, as described in section 245.462, subdivision 20, paragraph (c).

48.16 	Sec. 70. Minnesota Statutes 2006, section 171.321, subdivision 4, is amended to read:
48.17 		Subd. 4.Training. (a) No person shall drive a class A, B, C, or D school bus when 
48.18 	transporting school children to or from school or upon a school-related trip or activity 
48.19 	without having demonstrated sufficient skills and knowledge to transport students in 
48.20 	a safe and legal manner.
48.21 	(b) A bus driver must have training or experience that allows the driver to meet at 
48.22 	least the following competencies:
48.23 	(1) safely operate the type of school bus the driver will be driving;
48.24 	(2) understand student behavior, including issues relating to students with 
48.25 	disabilities;
48.26 	(3) encourage orderly conduct of students on the bus and handle incidents of 
48.27 	misconduct appropriately;
48.28 	(4) know and understand relevant laws, rules of the road, and local school bus 
48.29 	safety policies;
48.30 	(5) handle emergency situations; and
48.31 	(6) safely load and unload students.
48.32 	(c) The commissioner of public safety shall develop a comprehensive model 
48.33 	school bus driver training program and model assessments for school bus driver training 
48.34 	competencies, which are not subject to chapter 14. A school district, nonpublic school, or 
48.35 	private contractor may use alternative assessments for bus driver training competencies 
49.1 	with the approval of the commissioner of public safety. A driver may receive at least eight 
49.2 	hours of school bus in-service training any year, as an alternative to being assessed for bus 
49.3 	driver competencies after the initial year of being assessed for bus driver competencies. 
49.4 	The employer shall keep the assessment or a record of the in-service training for the 
49.5 	current period available for inspection by representatives of the commissioner.

49.6 	EFFECTIVE DATE. This section is effective July 1, 2007.

49.7 	Sec. 71. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision 
49.8 	to read:
49.9 		Subd. 10.Highway construction training. (a) The commissioner of transportation 
49.10 	shall utilize the maximum feasible amount of all federal funds available to this state 
49.11 	under United States Code, title 23, section 140, paragraph (b), to develop, conduct, and 
49.12 	administer highway construction training, including skill improvement programs.
49.13 	(b) The commissioner of transportation must report by February 1 of each 
49.14 	odd-numbered year to the house of representatives and senate committees having 
49.15 	jurisdiction over transportation policy and finance concerning the commissioner's 
49.16 	compliance with paragraph (a). The report must, with respect to each of the two previous 
49.17 	calendar years:
49.18 	(1) describe the highway construction training and skill improvement programs the 
49.19 	commissioner has conducted and administered;
49.20 	(2) analyze the results of the commissioner's training programs;
49.21 	(3) state the amount of federal funds available to this state under United States Code, 
49.22 	title 23, section 140, paragraph (b); and
49.23 	(4) identify the amount spent by the commissioner in conducting and administering 
49.24 	the programs.

49.25 	Sec. 72. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision 
49.26 	to read:
49.27 		Subd. 11.Disadvantaged business enterprise program. (a) The commissioner 
49.28 	shall include in each contract that is funded at least in part by federal funds, a sanction 
49.29 	for each contractor who does not meet the established project disadvantaged business 
49.30 	enterprise goal or demonstrate good faith effort to meet the goal.
49.31 	(b) The commissioner of transportation shall report by February 1 of each 
49.32 	odd-numbered year to the house of representatives and senate committees having 
49.33 	jurisdiction over transportation policy and finance concerning the commissioner's 
50.1 	disadvantaged business enterprise program. The report must, with respect to each of 
50.2 	the two previous calendar years:
50.3 	(1) state the department's annual overall goal, compared with the percentage attained;
50.4 	(2) explain the methodology, applicable facts, and public participation used to 
50.5 	establish the overall goal;
50.6 	(3) describe good faith efforts to meet the goal, if the goal was not attained;
50.7 	(4) describe actions to address overconcentration of disadvantaged business 
50.8 	enterprises in certain types of work;
50.9 	(5) state the number of contracts that included disadvantaged business enterprise 
50.10 	goals, the number of contractors that met established disadvantaged business enterprise 
50.11 	goals, and sanctions imposed for lack of good faith effort; and
50.12 	(6) describe contracts with no disadvantaged business enterprise goals, and, of 
50.13 	those, state number of contracts and amount of each contract with targeted groups under 
50.14 	section 16C.16.

50.15 	Sec. 73. [174.185] PAVEMENT LIFE-CYCLE COST ANALYSIS.
50.16 		Subdivision 1.Definitions. For the purposes of this section, the following 
50.17 	definitions apply.
50.18 	(a) "Life-cycle cost" is the sum of the cost of the initial pavement project and 
50.19 	all anticipated costs for maintenance, repair, and resurfacing over the life of the 
50.20 	pavement. Anticipated costs must be based on Minnesota's actual or reasonably projected 
50.21 	maintenance, repair, and resurfacing schedules, and costs as recorded by the pavement 
50.22 	management system.
50.23 	(b) "Life-cycle cost analysis" is a comparison of life-cycle costs among competing 
50.24 	paving materials using equal design lives.
50.25 		Subd. 2.Required analysis. For each project involving paving costs anticipated 
50.26 	to exceed $100,000, the commissioner shall perform a life-cycle cost analysis and shall 
50.27 	design and award the project utilizing the paving material having the lowest life-cycle cost.

50.28 	Sec. 74. Minnesota Statutes 2006, section 174.30, subdivision 4, is amended to read:
50.29 		Subd. 4.Vehicle and equipment inspection, rules; decal; complaint contact 
50.30 	information. (a) The commissioner shall inspect or provide for the inspection of 
50.31 	vehicles at least annually. In addition to scheduled annual inspections and reinspections 
50.32 	scheduled for the purpose of verifying that deficiencies have been corrected, unannounced 
50.33 	inspections of any vehicle may be conducted.
51.1 	(b) On determining that a vehicle or vehicle equipment is in a condition that is likely 
51.2 	to cause an accident or breakdown, the commissioner shall require the vehicle to be taken 
51.3 	out of service immediately. The commissioner shall require that vehicles and equipment 
51.4 	not meeting standards be repaired and brought into conformance with the standards 
51.5 	and shall require written evidence of compliance from the operator before allowing the 
51.6 	operator to return the vehicle to service.
51.7 	(c) The commissioner shall provide in the rules procedures for inspecting vehicles, 
51.8 	removing unsafe vehicles from service, determining and requiring compliance, and 
51.9 	reviewing driver qualifications.
51.10 	(d) The commissioner shall design a distinctive decal to be issued to special 
51.11 	transportation service providers with a current certificate of compliance under this section. 
51.12 	A decal is valid for one year from the last day of the month in which it is issued. A person 
51.13 	who is subject to the operating standards adopted under this section may not provide 
51.14 	special transportation service in a vehicle that does not conspicuously display a decal 
51.15 	issued by the commissioner.
51.16 	(e) Special transportation service providers shall prominently display in each vehicle 
51.17 	all contact information for the submission of complaints regarding the transportation 
51.18 	services provided to that individual. All vehicles providing service under section 
51.19 	473.386 shall display contact information for the Metropolitan Council. All other special 
51.20 	transportation service vehicles shall display contact information for the commissioner of 
51.21 	transportation.

51.22 	EFFECTIVE DATE. This section is effective July 1, 2007.

51.23 	Sec. 75. Minnesota Statutes 2006, section 174.30, subdivision 9, is amended to read:
51.24 		Subd. 9.Complaint data;Complaints; report; data classification. (a) The 
51.25 	commissioner shall investigate all complaints over which the commissioner has 
51.26 	jurisdiction regarding special transportation service providers regulated under this section.
51.27 	(b) By January 15, 2008, and in every subsequent even-numbered year by 
51.28 	January 15, the commissioner shall submit a report to the chairs and ranking minority 
51.29 	members of the house of representatives and senate committees having jurisdiction over 
51.30 	transportation policy and finance. The report must identify each complaint investigated 
51.31 	by the commissioner under paragraph (a), including, but not limited to, any findings and 
51.32 	steps taken for resolution of the complaint.
51.33 	(c) When information is furnished to the Department of Transportation that alleges 
51.34 	a violation of this section, an operating standard adopted under this section, or section 
51.35 	174.315, the following data are classified as confidential data or protected nonpublic data: 
52.1 	(1) names of complainants;
52.2 	(2) complaint letters; and
52.3 	(3) other unsolicited data when furnished by a person who is not the subject of the 
52.4 	data and who is not a department employee.

52.5 	EFFECTIVE DATE. This section is effective July 1, 2007.

52.6 	Sec. 76. [174.56] REPORT ON MAJOR HIGHWAY PROJECTS.
52.7 		Subdivision 1.Report required. The commissioner of transportation shall submit a 
52.8 	report on January 15, 2008, and on January 15 of each year thereafter, on the status of 
52.9 	major highway projects under construction or planned during the year of the report and for 
52.10 	the ensuing 15 years. For purposes of this section, a "major highway project" is a highway 
52.11 	project that has a total cost for all segments that the commissioner estimates at the time of 
52.12 	the report to be at least (1) $25,000,000 in the metropolitan highway construction district, 
52.13 	or (2) $10,000,000 in any nonmetropolitan highway construction district.
52.14 		Subd. 2.Report contents. For each major highway project the report must include:
52.15 	(1) a description of the project sufficient to specify its scope and location;
52.16 	(2) a history of the project, including, but not limited to, previous official actions 
52.17 	by the department or the appropriate area transportation partnership, or both, the date 
52.18 	on which the project was first included in the state transportation improvement plan, 
52.19 	the cost of the project at that time, the dates of environmental approval, the dates of 
52.20 	municipal approval, the date of final geometric layout, and the date of establishment of 
52.21 	any construction limits;
52.22 	(3) the project's priority listing or rank within its construction district, if any, as 
52.23 	well as the reasons for that listing or rank, the criteria used in prioritization or rank, any 
52.24 	changes in that prioritization or rank since the project was first included in a department 
52.25 	work plan, and the reasons for those changes; and
52.26 	(4) past and potential future reasons for delay in letting or completing the project.
52.27 		Subd. 3.Department resources. The commissioner shall prepare and submit the 
52.28 	report with existing department staff and resources.

52.29 	Sec. 77. Minnesota Statutes 2006, section 218.041, subdivision 6, is amended to read:
52.30 		Subd. 6.Investigative powers. In the exercise of powers granted in this chapter, 
52.31 	the commissioner may:
52.32 	(1) subpoena books, papers, or accounts kept by any regulated business within or 
52.33 	without the state, or compel production of verified copies;
53.1 	(2) prepare all forms or blanks for obtaining information that the commissioner 
53.2 	may deem necessary or useful for the proper exercise of the authority and duties of the 
53.3 	commissioner in connection with regulated businesses, and prescribe the time and manner 
53.4 	within which the blanks and forms must be completed and filed;
53.5 	(3) inspect, at all reasonable times, and copy the books, records, memoranda, 
53.6 	correspondence, or other documents and records of any business under the commissioner's 
53.7 	jurisdiction; and
53.8 	(4) examine, under oath, any officer, agent, or employee of a business under the 
53.9 	commissioner's jurisdiction concerning any matter within the commissioner's jurisdiction; 
53.10 	and
53.11 	(5) assess common carriers, administer the state rail safety inspection account, and 
53.12 	perform other duties on behalf of the state rail safety inspector under section 219.015.

53.13 	Sec. 78. [219.015] STATE RAIL SAFETY INSPECTOR.
53.14 	(a) The commissioner of transportation shall establish two positions of state rail 
53.15 	safety inspector in the Office of Freight and Commercial Vehicle Operations of the 
53.16 	Minnesota Department of Transportation. The commissioner shall apply to the Federal 
53.17 	Railroad Administration (FRA) of the United States Department of Transportation 
53.18 	to participate in the Federal State Rail Safety Partnership Program for training and 
53.19 	certification of two inspectors under authority of United States Code, title 49, sections 
53.20 	20103, 20105, 20106, and 20113, and Code of Federal Regulations, title 49, part 212. The 
53.21 	state rail safety inspectors shall inspect mainline, secondary yard track and industry track; 
53.22 	inspect railroad right-of-way, including adjacent or intersecting drainage, culverts, bridges, 
53.23 	overhead structures, and traffic and other public crossings; inspect yards and physical 
53.24 	plants; review and enforce safety requirements; review maintenance and repair records; 
53.25 	and review railroad security measures. To the extent delegated by the commissioner, 
53.26 	the inspectors may issue citations for violations of this chapter, or to ensure railroad 
53.27 	employee and public safety and welfare.
53.28 	(b) The commissioner shall annually assess railroad companies that are (1) defined 
53.29 	as common carriers under section 218.011, (2) classified by federal law or regulation as 
53.30 	Class I Railroads or Class I Rail Carriers, and (3) operating in this state by a divisor of 
53.31 	equal proportion between carriers in equal amounts for 365 days of the calendar year. The 
53.32 	commissioner shall assess all start-up or re-establishment costs, and all related costs of 
53.33 	initiating the state rail safety inspector program beginning July 1, 2007. The state rail 
53.34 	inspector duties must begin and be assessed on January 1, 2008. The assessments must 
53.35 	be deposited in a special account in the special revenue fund, to be known as the state 
54.1 	rail safety inspection account. Money in the account is appropriated to the commissioner 
54.2 	and may be expended to cover the costs incurred for the establishment and ongoing 
54.3 	responsibilities of the state rail safety inspector.
54.4 	(c) The commissioner may exempt a common carrier not federally classified as 
54.5 	Class I from violations for a period of up to two years if the common carrier applies for 
54.6 	participation in a work site safety coaching program, such as the "MNSharp" program 
54.7 	administered by the Minnesota Department of Labor and Industry, and the commissioner 
54.8 	determines such participation to be preferred enforcement for safety or security violations.
54.9 	(d) Any person aggrieved by an assessment levied under this section may appeal 
54.10 	within 90 days any assessment, violation, or administrative penalty to the Office of 
54.11 	Administrative Hearings, with further appeal and review by the district court. 

54.12 	Sec. 79. [219.373] WALKWAYS BY TRACK.
54.13 		Subdivision 1.General standards. (a) Consistent with section 219.50, every 
54.14 	railroad company shall provide a walkway alongside track that has a regular surface 
54.15 	that is smooth and safe for use by railroad employees and other persons who have 
54.16 	duties in proximity to trains. The walkway must be kept reasonably free of hazards and 
54.17 	obstructions, including, but not limited to, debris, litter, fuel, oil, sand, boulders, posts, tie 
54.18 	materials, holes, ruts, potholes, grains, grain products or byproducts, fertilizer products, 
54.19 	chemical, chemical molten, steel, tin, metallic products, solid raw minerals, palletized 
54.20 	products, silica products, materials spilled during revenue shipment, detached pieces or 
54.21 	parts of railroad rolling stock or track structure, and vegetation.
54.22 	(b) Except as otherwise provided in paragraph (g) or otherwise exempted by other 
54.23 	law, a walkway alongside track that is required under this section must be constructed and 
54.24 	maintained in conformity to the standards in this section.
54.25 	(c) A walkway alongside track that is required pursuant to this section must:
54.26 	(1) provide a reasonably regular surface that is smooth and safe for use by railroad 
54.27 	employees and other persons who have duties in proximity to trains;
54.28 	(2) be surfaced with crushed material, asphaltic concrete, planking, or other material 
54.29 	that does not compromise track drainage;
54.30 	(3) unless the grade of the track is greater than one inch in eight inches, have a grade 
54.31 	that is less than one inch in eight inches;
54.32 	(4) if the walkway is alongside track with a curve greater than 18 degrees, be not 
54.33 	less than one foot wider than otherwise required; and
54.34 	(5) be kept reasonably free of hazards and obstructions in paragraph (a).
55.1 	(d) Except as provided otherwise in this section, walkways located along main-line 
55.2 	tracks and tracks where switching is regularly performed more than twice in a seven-day 
55.3 	period must be surfaced with crushed material not to exceed American Railway 
55.4 	Engineering and Maintenance-of-Way Association (AREMA) standard number 4, 1-1/2 
55.5 	inches in size, or with asphalt, concrete, planking, grating, or similar material.
55.6 	(e) Walkways located along switching lead tracks, switches in yards, car spotting 
55.7 	areas, and railroad shop or repair tracks must be surfaced with crushed material not to 
55.8 	exceed AREMA standard number 5, three-fourths to one inch in size, or with asphalt, 
55.9 	concrete, planking, grating, or similar material.
55.10 	(f) This section is temporarily suspended during periods of heavy rain or snow, 
55.11 	derailments, rocks and earth slides, and similar abnormal periods and for a reasonable 
55.12 	time thereafter to permit restoration work.
55.13 	(g) Compliance with this section is not a defense to any civil action brought for the 
55.14 	violation of a railroad safety law, regulation, rule, or order.
55.15 	(h) The commissioner, after investigation, upon the commissioner's own motion, 
55.16 	or upon the petition of the aggrieved person, may determine that the safety of railroad 
55.17 	employees requires implementation of the applicable standards set forth in paragraphs (b) 
55.18 	to (f), for any walkway.
55.19 		Subd. 2.Liability. Nothing in this section precludes or preempts civil liability to an 
55.20 	injured party under state or federal laws for failure to provide a reasonable safe walkway.

55.21 	Sec. 80. Minnesota Statutes 2006, section 221.011, subdivision 49, is amended to read:
55.22 		Subd. 49.Small vehicle passenger service. (a) "Small vehicle passenger service" 
55.23 	means a service provided by a person engaged in the for-hire transportation of passengers,
55.24 	in a vehicle designed to transport seven or fewer persons, including the driver.
55.25 	(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small 
55.26 	vehicle passenger service" also includes for-hire transportation of persons who are certified 
55.27 	by the Metropolitan Council to use special transportation service provided under section 
55.28 	473.386, in a vehicle designed to transport not more than 15 persons including the driver, 
55.29 	that is equipped with a wheelchair lift and at least three wheelchair securement positions. 
55.30 	(c) A person providing small vehicle passenger service to an individual for the 
55.31 	purpose of obtaining nonemergency medical care and who receives reimbursement under 
55.32 	section 256B.0625, subdivision 17, for providing the service, must comply with the rules 
55.33 	of the commissioner adopted under section 174.30.

55.34 	EFFECTIVE DATE. This section is effective July 1, 2007.

56.1 	Sec. 81. Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read:
56.2 		Subd. 6.Vehicle identification rule. (a) The following carriers shall display the 
56.3 	carrier's name and address on the power unit of each vehicle:
56.4 	(1) motor carriers, regardless of the weight of the vehicle, except that this 
56.5 	requirement does not apply to a limousine as defined in section 168.011, subdivision 35, 
56.6 	that is equipped with "LM" license plates; 
56.7 	(2) interstate and intrastate private carriers operating vehicles with a gross vehicle 
56.8 	weight of more than 10,000 pounds; and
56.9 	(3) vehicles providing transportation described in section 221.025 with a gross 
56.10 	vehicle weight of more than 10,000 pounds except those providing transportation 
56.11 	described in section 221.025, clauses (1), (3), and (4). 
56.12 	Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees 
56.13 	and have four or fewer axles are not required to comply with the vehicle identification 
56.14 	rule of the commissioner.
56.15 	(b) Vehicles subject to this subdivision must show the name or "doing business as" 
56.16 	name of the carrier operating the vehicle and the community and abbreviation of the state 
56.17 	in which the carrier maintains its principal office or in which the vehicle is customarily 
56.18 	based. If the carrier operates a leased vehicle, it may show its name and the name of the 
56.19 	lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person 
56.20 	other than the operating carrier appears on the vehicle, the words "operated by" must 
56.21 	immediately precede the name of the carrier.
56.22 	(c) The name and address must be in letters that contrast sharply in color with the 
56.23 	background, be readily legible during daylight hours from a distance of 50 feet while 
56.24 	the vehicle is stationary, and be maintained in a manner that retains the legibility of the 
56.25 	markings. The name and address may be shown by use of a removable device if that 
56.26 	device meets the identification and legibility requirements of this subdivision.

56.27 	Sec. 82. Minnesota Statutes 2006, section 221.0314, subdivision 9, is amended to read:
56.28 		Subd. 9.Hours of service of driver. Code of Federal Regulations, title 49, part 
56.29 	395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (l),
56.30 	(m), and (n) of section 395.1 and section 395.13 of that part are not incorporated. In 
56.31 	addition, cross-references to sections or paragraphs not incorporated in this subdivision 
56.32 	are not incorporated by reference. The requirements of Code of Federal Regulations, title 
56.33 	49, part 395, do not apply to drivers of lightweight vehicles.

57.1 	Sec. 83. Minnesota Statutes 2006, section 221.0314, is amended by adding a 
57.2 	subdivision to read:
57.3 		Subd. 12.Hazardous materials safety permits. A person who transports the 
57.4 	hazardous materials designated in Code of Federal Regulations, title 49, section 385.403, 
57.5 	shall comply with this section and with the provisions of Code of Federal Regulations, 
57.6 	title 49, part 385, subpart E, which is incorporated by reference.

57.7 	Sec. 84. Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read:
57.8 		Subd. 2d.Age of driver under federal materials-of-trade regulation. A driver 
57.9 	of a self-propelled or towed motor vehicle  transporting no hazardous material other than 
57.10 	materials of trade, as defined in Code of Federal Regulations, title 49, section 171.8, when 
57.11 	engaged in intrastate transportation, must be at least 18 years of age. This subdivision 
57.12 	does not apply unless the transportation conforms to the requirements of Code of Federal 
57.13 	Regulations, title 49, section 173.6.

57.14 	Sec. 85. Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read:
57.15 		Subdivision 1.Required to provide information. A person who generates, stores, 
57.16 	treats, transports, disposes of, or otherwise handles or has handled hazardous materials, 
57.17 	hazardous substances, or hazardous waste shall (1) give to transportation representatives 
57.18 	and hazardous material specialists of the department information relating to the materials, 
57.19 	substances, or waste, or (2) permit them access to and copying of records and safety 
57.20 	permits relating to any or all of the materials, substances, or waste, or both.

57.21 	Sec. 86. Minnesota Statutes 2006, section 221.231, is amended to read:
57.22 	221.231 RECIPROCAL AGREEMENT.
57.23 	The commissioner may enter into reciprocal agreements with the regulatory bodies 
57.24 	of other states and the provinces of the Dominion of Canada, whereby the payment of the 
57.25 	fees provided in section 221.60 may be waived in whole or in part for regarding motor 
57.26 	carriers having an established place of business in that state or province; provided that 
57.27 	reciprocal privileges are extended under the agreement to motor carriers of this state. 

57.28 	Sec. 87. Minnesota Statutes 2006, section 221.60, subdivision 1, is amended to read:
57.29 		Subdivision 1.Procedure. A motor carrier may transport persons or property for 
57.30 	hire in interstate commerce in Minnesota only if it first:
57.31 	(1) complies with section 221.141;
58.1 	(2) either registers with the commissioner the federal operating authority that it 
58.2 	intends to exercise, or registers and describes the transportation it performs under an 
58.3 	exemption contained in United States Code, title 49; and
58.4 	(3) purchases an interstate identification stamp or an interstate registration trip 
58.5 	permit for each vehicle to be used in interstate transportation in Minnesota the Unified 
58.6 	Carrier Registration Agreement authorized by United States Code, title 49, section 
58.7 	14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal 
58.8 	regulations adopted thereunder.

58.9 	Sec. 88. Minnesota Statutes 2006, section 221.60, is amended by adding a subdivision 
58.10 	to read:
58.11 		Subd. 7.Commissioner's authority. The commissioner of transportation shall 
58.12 	take all necessary actions to enter into the Unified Carrier Registration Agreement when 
58.13 	it becomes effective. The commissioner shall implement and administer United States 
58.14 	Code, title 49, section 14504a, and the regulations adopted thereunder.

58.15 	Sec. 89. Minnesota Statutes 2006, section 222.50, subdivision 7, is amended to read:
58.16 		Subd. 7.Expenditures. (a) The commissioner may expend money from the rail 
58.17 	service improvement account for the following purposes:
58.18 	(1) to make transfers as provided under section 222.57 or to pay interest adjustments 
58.19 	on loans guaranteed under the state rail user and rail carrier loan guarantee program; 
58.20 	(2) to pay a portion of the costs of capital improvement projects designed to 
58.21 	improve rail service including construction or improvement of short segments of rail line 
58.22 	such as side track, team track, and connections between existing lines, and construction 
58.23 	and improvement of loading, unloading, storage, and transfer facilities of a rail user or 
58.24 	a rail carrier;
58.25 	(3) to pay a portion of the costs of rehabilitation projects designed to improve rail 
58.26 	service of a rail user or a rail carrier;
58.27 	(4) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to 
58.28 	the state rail bank program;
58.29 	(4)(5) to provide for aerial photography survey of proposed and abandoned railroad 
58.30 	tracks for the purpose of recording and reestablishing by analytical triangulation the 
58.31 	existing alignment of the inplace track;
58.32 	(5)(6) to pay a portion of the costs of acquiring a rail line by a regional railroad 
58.33 	authority established pursuant to chapter 398A;
59.1 	(6)(7) to pay the state matching portion of federal grants for rail-highway grade 
59.2 	crossing improvement projects.
59.3 	(b) All money derived by the commissioner from the disposition of railroad 
59.4 	right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall 
59.5 	be deposited in the rail service improvement account. 

59.6 	Sec. 90. Minnesota Statutes 2006, section 222.63, subdivision 4, is amended to read:
59.7 		Subd. 4.Disposition permitted. (a) The commissioner may lease any rail line or 
59.8 	right-of-way held in the state rail bank or enter into an agreement with any person for the 
59.9 	operation of any rail line or right-of-way for any of the purposes set forth in subdivision 2 
59.10 	in accordance with a fee schedule to be developed by the commissioner.
59.11 	(b) The commissioner may convey any rail line or right-of-way, for consideration or 
59.12 	for no consideration and upon other terms as the commissioner may determine to be in 
59.13 	the public interest, to any other state agency or to a governmental subdivision of the state 
59.14 	having power by law to utilize it for any of the purposes set forth in subdivision 2.
59.15 	(c) The commissioner may convey a portion of previously acquired rail bank 
59.16 	right-of-way to a state agency or governmental subdivision when the commissioner 
59.17 	determines that:
59.18 	(1) the portion to be conveyed is in excess of that needed for the purposes stated in 
59.19 	subdivision 2;
59.20 	(2) the conveyance is upon terms and conditions agreed upon by both the 
59.21 	commissioner and the state agency or governmental subdivision;
59.22 	(3) after the sale, the rail bank corridor will continue to meet the future public and 
59.23 	commercial transportation and transmission needs of the state; and
59.24 	(4) the conveyance will not reduce the width of the rail bank corridor to less than 
59.25 	50 100 feet.
59.26 	(d) The commissioner may lease previously acquired state rail bank right-of-way to 
59.27 	a state agency or governmental subdivision or to a private entity for nontransportation 
59.28 	purposes when:
59.29 	(1) the portion to be leased is in excess of that needed for the purposes stated in 
59.30 	subdivision 2;
59.31 	(2) the lease will not reduce the useable width of the rail bank corridor to less than 
59.32 	50 100 feet;
59.33 	(3) the cost of the lease is based on the fair market value of the portion to be leased, 
59.34 	as determined by appraisal;
60.1 	(4) the lease allows the commissioner to terminate the lease on 90 days' written 
60.2 	notice to the lessee; and
60.3 	(5) the lease prohibits the construction or erection of any permanent structure within 
60.4 	the 50-foot 100-foot rail bank corridor and requires any structure erected on the leased 
60.5 	property to be removed and the land restored to its original condition on 90 days' written 
60.6 	notice to the lessee.
60.7 	(e) Proceeds from a sale or lease must be deposited in the rail bank maintenance 
60.8 	account described in subdivision 8.

60.9 	Sec. 91. Minnesota Statutes 2006, section 222.63, is amended by adding a subdivision 
60.10 	to read:
60.11 		Subd. 9.Rail bank property use; petty misdemeanors. (a) Except for the actions 
60.12 	of road authorities and their agents, employees, and contractors, and of utilities, in carrying 
60.13 	out their duties imposed by permit, law, or contract, and except as otherwise provided in 
60.14 	this section, it is unlawful to perform any of the following activities on rail bank property:
60.15 	(1) obstruct any trail;
60.16 	(2) deposit snow or ice;
60.17 	(3) remove or place any earth, gravel, or rock without authorization;
60.18 	(4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous 
60.19 	materials;
60.20 	(5) erect a fence, or place or maintain any advertising, sign, or memorial;
60.21 	(6) remove, injure, displace, or destroy right-of-way markers or reference or witness 
60.22 	monuments or markers placed to preserve section or quarter-section corners defining 
60.23 	rail bank property limits;
60.24 	(7) drive upon any portion of rail bank property, except at approved crossings, and 
60.25 	except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or 
60.26 	other vehicles authorized to use rail bank property;
60.27 	(8) deface, mar, damage, or tamper with any structure, work, material, sign, marker, 
60.28 	paving, guardrail, drain, or any other rail bank appurtenance; or
60.29 	(9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry 
60.30 	on, across, or over the limits of rail bank property.
60.31 	(b) Unless a greater penalty is provided elsewhere in statute, any violation of this 
60.32 	subdivision is a petty misdemeanor.
60.33 	(c) The cost to remove, repair, or perform any other corrective action necessitated by 
60.34 	a violation of this subdivision may be charged to the violator.

61.1 	Sec. 92. Minnesota Statutes 2006, section 473.1466, is amended to read:
61.2 	473.1466 TRANSPORTATION SYSTEM PERFORMANCE AUDIT; 
61.3 	TRANSIT EVALUATION.
61.4 	(a) In 1997 and every four years thereafter, the council shall provide for an 
61.5 	independent entity selected through a request for proposal process conducted nationwide 
61.6 	to do Prior to each major revision of the transportation policy plan, the council must carry 
61.7 	out a performance auditevaluation of the commutingmetropolitan area's transportation 
61.8 	system as a whole. The performance auditevaluation must evaluate the commuting
61.9 	area's ability to meet the region's needsneed for effective and efficient transportation of 
61.10 	goods and people, and evaluate future trends and their impacts on the region'sarea's 
61.11 	transportation system, and . The performance evaluation must include an evaluation of 
61.12 	the regional transit system, including a comparison with peer metropolitan regions with 
61.13 	regard to key operating and investment measurements. The council must update the transit 
61.14 	evaluation every two years. The council shall use the results of the performance evaluation 
61.15 	to make recommendations for improving the system in each revision of the transportation 
61.16 	policy plan. The performance audit must recommend performance-funding measures.
61.17 	(b) In 1999 and every four years thereafter, the council must evaluate the 
61.18 	performance of the metropolitan transit system's operation in relationship to the regional 
61.19 	transit performance standards developed by the council The performance evaluation must 
61.20 	also assess the region's success in meeting the currently adopted regional transportation 
61.21 	benchmarks.
61.22 	The council must conduct a peer review of the performance evaluation using at least 
61.23 	two nationally recognized transportation and transit consultants. The council must submit 
61.24 	the performance evaluation to the chairs and ranking minority members of the senate and 
61.25 	house of representatives committees and divisions with jurisdiction over transportation 
61.26 	and transit.

61.27 	Sec. 93. Laws 2005, First Special Session chapter 1, article 4, section 39, the effective 
61.28 	date, is amended to read:

61.29 	EFFECTIVE DATE. This section is effective the latter of August 1, 2006, or the 
61.30 	date on which the commissioner determines that building permits have been issued for the 
61.31 	construction of a new pulp and paper manufacturing facility at Grand Rapids 2007.

61.32 	Sec. 94. CONGESTION REDUCTION TASK FORCE.
 62.1 		Subdivision 1.Creation of task force. The Congestion Reduction Task Force is 
62.2 	established to advise and consult with the commissioner of transportation concerning 
62.3 	participation by the state in the federal Urban Partnership program.
62.4 		Subd. 2.Task force membership; organization. (a) The task force is comprised of 
62.5 	the following members:
62.6 	(1) three people appointed by the Subcommittee on Committees of the Committee 
62.7 	on Rules and Administration of the senate, at least two of whom must reside in the 
62.8 	metropolitan area;
62.9 	(2) three people appointed by the speaker of the house of representatives, at least 
62.10 	two of whom must reside in the metropolitan area; and
62.11 	(3) six people appointed by the governor, at least three of whom must reside in the 
62.12 	metropolitan area.
62.13 	(b) The commissioner of transportation or the commissioner's designee shall be 
62.14 	a member of the task force and shall convene the first meeting of the task force. The 
62.15 	task force shall select a chair from its membership at the first meeting. Support staff for 
62.16 	the task force must be provided by the Department of Transportation and Metropolitan 
62.17 	Council. Task force members must be appointed no later than August 1, 2007.
62.18 		Subd. 3.Duties of the task force. The task force shall:
62.19 	(1) consult with the commissioner in the development of a congestion reduction 
62.20 	program that incorporates the strategies of the Urban Partnership program; and
62.21 	(2) consult with the commissioner of transportation and Metropolitan Council 
62.22 	concerning the implementation of the Urban Partnership program.
62.23 		Subd. 4.Report. If a metropolitan area in this state is chosen to participate in an 
62.24 	Urban Partnership agreement, by January 15, 2008, the commissioner of transportation 
62.25 	shall report to the chairs and ranking minority members of the legislative committees and 
62.26 	divisions with jurisdiction over transportation policies concerning the status and future of 
62.27 	the state's participation in the Urban Partnership program. The report must:
62.28 	(1) identify the metropolitan area that has been designated as an Urban Partner;
62.29 	(2) present the elements of the congestion reduction strategies to be implemented 
62.30 	under the Urban Partnership program;
62.31 	(3) identify the costs of participation and the sources of funding secured or to be 
62.32 	secured;
62.33 	(4) describe the involvement of the Congestion Reduction Task Force; and
62.34 	(5) include any draft legislation needed to implement the program.

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

63.1 	Sec. 95. AIRPORT FUNDING ADVISORY TASK FORCE.
 63.2 		Subdivision 1.Task force established. An advisory task force on airport funding 
63.3 	issues is established to study and make recommendations regarding the best methods for 
63.4 	funding airports in the state and the state airports fund. The task force shall study:
63.5 	(1) the adequacy of current sources of revenue for the state airports fund and airports 
63.6 	in the state;
63.7 	(2) policy considerations regarding the use of the sales tax on aircraft as a potential 
63.8 	source of revenue for airports;
63.9 	(3) how other states fund airports;
63.10 	(4) projected aviation needs of the future, including required investments in aviation 
63.11 	infrastructure;
63.12 	(5) aircraft registration taxes; and
63.13 	(6) other issues relating to the funding of airports as determined by the task force.
63.14 		Subd. 2.Membership. (a) The task force is comprised of the following members:
63.15 	(1) three members of the senate, including at least one member from the minority 
63.16 	party, appointed by the Subcommittee on Committees of the Committee on Rules and 
63.17 	Administration of the senate; and
63.18 	(2) three members of the house of representatives, two appointed by the speaker of 
63.19 	the house and one appointed by the minority leader.
63.20 	The appointing authorities must select members based on knowledge and experience in 
63.21 	aviation funding issues. All appointments required by this paragraph must be completed 
63.22 	by September 1, 2007.
63.23 	(b) The chair of the task force may appoint additional nonvoting members to the task 
63.24 	force, including, but not limited to, representatives of the following organizations:
63.25 	(1) the Department of Transportation Aeronautics Office;
63.26 	(2) the Aircraft Owners and Pilots Association;
63.27 	(3) the Experimental Aircraft Association/ACAA;
63.28 	(4) the Metropolitan Airports Commission;
63.29 	(5) the Minnesota Aviation Trades Association;
63.30 	(6) the Minnesota Business Aviation Association;
63.31 	(7) the Minnesota Council of Airports;
63.32 	(8) the Minnesota Seaplane Pilots Association;
63.33 	(9) the National Business Aviation Association; and
63.34 	(10) the Minnesota Wing, Civil Air Patrol.
63.35 	(c) The director of the aeronautics office in the Department of Transportation shall 
63.36 	convene the first meeting of the task force within two weeks after the legislative members 
64.1 	have been appointed to the task force. The members shall elect a chairperson from their 
64.2 	membership at the first meeting.
64.3 		Subd. 3.Report. By February 15, 2008, the task force shall report its 
64.4 	recommendations to the chairs of the legislative committees with jurisdiction over airports 
64.5 	and aviation issues and to the legislature as required by Minnesota Statutes, section 3.195. 
64.6 		Subd. 4.Expiration. This section expires after the submission of the report as 
64.7 	required under subdivision 3.

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

64.9 	Sec. 96. CULKIN SAFETY REST AREA.
 64.10 	The commissioner of transportation shall reopen without delay the Culkin safety rest 
64.11 	area, located on marked Interstate Highway 35.

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

64.13 	Sec. 97. NONCOMPLIANCE WITH REAL ID ACT.
 64.14 	The commissioner of public safety is prohibited from taking any action to implement 
64.15 	or to plan for the implementation by this state of those sections of Public Law 109-13 
64.16 	known as the Real ID Act.

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

64.18 	Sec. 98. CREDIT CARD PAYMENT STUDY.
 64.19 	By January 15, 2008, the commissioner of public safety shall submit a proposal to 
64.20 	the chairs and ranking minority members of the senate transportation committee and the 
64.21 	house of representatives transportation finance division that will allow the department, 
64.22 	deputy registrars, and driver's license agents to collect motor vehicle registration taxes 
64.23 	under Minnesota Statutes, section 168.013, motor vehicle certificates of title and related 
64.24 	document fees under Minnesota Statutes, section 168A.29, motor vehicle sales tax under 
64.25 	Minnesota Statutes, sections 297B.02 and 297B.025, and driver's license and Minnesota 
64.26 	identification card fees under Minnesota Statutes, section 171.06, by credit or debit card. 
64.27 	The proposal shall include options to finance the costs of credit and debit card processing 
64.28 	fees paid to the processing vendor, the administrative costs of the department to implement 
64.29 	the acceptance of credit and debit cards, including hardware and software costs of the 
64.30 	department, its deputies and agents, and the ongoing administrative cost increases. Those 
64.31 	financing options may include, but are not limited to, increasing the filing fees under 
64.32 	Minnesota Statutes, sections 168.33 and 171.06. To the extent feasible, the proposal shall 
65.1 	limit any fee increases or other additional costs paid by the registrant or transferor to those 
65.2 	paying by credit or debit card. As part of its proposal, the department may:
65.3 	(1) elect to not allow credit or debit cards to be used on transactions exceeding 
65.4 	$1,000;
65.5 	(2) choose to limit which credit cards or debit cards may be accepted for payment; 
65.6 	and
65.7 	(3) choose not to allow dealers, registrants of fleet vehicles under Minnesota 
65.8 	Statutes, section 168.127, or motor vehicles of 26,000 pounds or greater, and other 
65.9 	designated registrants to pay by credit or debit card.
65.10 	The department shall consult deputy registrars and driver's license agents in coming up 
65.11 	with its proposal.

65.12 	Sec. 99. STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS.
 65.13 	(a) The commissioner of transportation shall conduct a study in consultation with 
65.14 	other state agencies and key stakeholders to evaluate the current and long-range needs of 
65.15 	the state's transportation system, and investigate possible strategies to meet these needs.
65.16 	(b) The study must include, but is not limited to:
65.17 	(1) evaluation of the current needs of the state's highway systems, bridges, and 
65.18 	transit;
65.19 	(2) analysis and quantification of the needs for the next 20 years of the state's 
65.20 	highway systems, bridges, and transit;
65.21 	(3) comparison of estimates of revenues raised by current transportation funding 
65.22 	sources, with long-term needs of the state's transportation system;
65.23 	(4) identification of options for maintenance and improvement of the state's 
65.24 	transportation system with specific reference to the effects of potential increases in vehicle 
65.25 	fuel economy, availability of alternative modes of transportation, and extreme fuel price 
65.26 	volatility on future transportation revenues;
65.27 	(5) analysis of alternative pricing options utilized in other states and countries, 
65.28 	and their potential for use, public acceptance, alleviation of congestion, and revenue 
65.29 	generation in this state; and
65.30 	(6) identification of options for road-use pricing, other alternative financing 
65.31 	mechanisms with particular consideration of key environmental impacts such as air 
65.32 	quality, water quality, and greenhouse gas emissions, and estimates of implementation 
65.33 	costs, user costs, and revenue.
65.34 	(c) The commissioner shall report the results of the study to the legislature no later 
65.35 	than November 1, 2008.

66.1 	Sec. 100. STUDY AND REPORT ON SPEED LIMITS.
 66.2 	The commissioner of transportation shall report to the chairs of the legislative 
66.3 	committees with jurisdiction over transportation and local government by January 
66.4 	30, 2008, on speed limits on local roads. The commissioner shall consult with local 
66.5 	governments and solicit input from local governments before issuing the report. The 
66.6 	report must include, at a minimum:
66.7 	(1) whether the current statutory speed limit of 30 miles per hour in urban districts 
66.8 	and rural residential districts is appropriate, or if there are locations where the appropriate 
66.9 	speed limit is 25 miles per hour;
66.10 	(2) whether the current statutory speed limit of 55 miles per hour in rural residential 
66.11 	districts within a city is appropriate, or if there are locations where the appropriate speed 
66.12 	limit is 30 miles per hour; and
66.13 	(3) whether the current definitions of urban district, rural residential district, and 
66.14 	residential roadway are appropriate, or whether and how they should be changed.

66.15 	Sec. 101. HIGHWAY CONSTRUCTION IN ROCHESTER.
 66.16 	The commissioner of transportation shall proceed without delay to issue to the city 
66.17 	of Rochester the necessary permits that allow the city to complete the construction of a 
66.18 	new folded diamond interchange in the Northeast and Northwest quadrants at marked 
66.19 	Trunk Highway 52 and 65th Street NW in the city of Rochester. The commissioner 
66.20 	shall review the environmental documentation prepared by the city in a timely manner 
66.21 	and shall issue the necessary construction permits without delay upon the issuance of a 
66.22 	finding of no significant impact.
66.23 	The entire cost of the interchange design, right-of-way acquisition, and construction 
66.24 	shall be the responsibility of the state.

66.25 	Sec. 102. REVISOR'S INSTRUCTION.
 66.26 	The revisor of statutes shall delete the route identified as Legislative Route No. 262 
66.27 	in Minnesota Statutes 2006, section 161.115, subdivision 193, from Minnesota Statutes 
66.28 	when the commissioner of transportation sends notice to the revisor in writing that the 
66.29 	conditions required to transfer the route are satisfied.

66.30 	Sec. 103.  REPEALER.
 66.31 	(a) Minnesota Statutes 2006, section 161.115, subdivision 193, is repealed effective 
66.32 	the day after the commissioner of transportation receives a copy of the agreement between 
67.1 	the commissioner and Martin County to transfer jurisdiction of Legislative Route No. 262 
67.2 	and notifies the revisor of statutes under section 102.
67.3 	(b) Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, and 3a; 221.601; 
67.4 	and 221.602, are repealed.
67.5 	(c) Minnesota Statutes 2006, sections 169.4502, subdivision 15; and 169.4503, 
67.6 	subdivisions 17, 18, and 26, are repealed effective January 1, 2008.
67.7 	(d) Minnesota Statutes 2006, section 169.796, subdivision 3, is repealed effective 
67.8 	the day following final enactment.
67.9 	(e) Laws 2005, First Special Session chapter 6, article 3, section 91, is repealed 
67.10 	effective the day following final enactment.