HF 3800

CCR--HF3800B - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3800 1.2A bill for an act 1.3relating to transportation; modifying or adding provisions relating to highways, 1.4motor vehicles, traffic regulations, drivers' licenses and records, transit, railroads, 1.5motor carriers, and other transportation-related programs or activities; imposing 1.6penalties; requiring reports; making technical and clarifying corrections; 1.7amending Minnesota Statutes 2006, sections 86B.825, subdivision 5; 123B.88, 1.8subdivision 3; 161.081, subdivision 3, as amended, by adding subdivisions; 1.9168.011, subdivision 7; 168.012, subdivision 1; 168.021, subdivisions 1, 2; 1.10168.09, subdivision 7; 168.185; 168A.03, subdivision 1; 168A.05, subdivision 1.119; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding 1.12subdivisions; 168B.08, subdivision 1; 168B.087, subdivision 1; 169.01, 1.13subdivisions 55, 76, by adding subdivisions; 169.18, subdivisions 1, 5, by 1.14adding a subdivision; 169.224; 169.67, subdivision 3; 169.781, subdivisions 1.151, 2, 5; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 1.16169.85, subdivision 1; 169.86, by adding a subdivision; 169A.03, subdivision 1.1723; 171.01, subdivisions 35, 46; 171.02, by adding a subdivision; 171.03; 1.18171.055, subdivisions 1, 2; 171.0701; 171.12, subdivision 6; 171.13, by adding a 1.19subdivision; 171.165, subdivision 2; 171.321, subdivision 1; 174.02, subdivision 1.202; 174.03, subdivision 1; 174.24, by adding a subdivision; 221.011, by adding 1.21a subdivision; 221.031, subdivision 1; 221.036, subdivisions 1, 3; 221.121, 1.22subdivisions 1, 6a; 221.151, subdivision 1; 299D.03, subdivision 1; 299D.06; 1.23473.1465, by adding a subdivision; 473.388, subdivision 2; 473.399, by adding a 1.24subdivision; Minnesota Statutes 2007 Supplement, sections 168.017, subdivision 1.253; 169.443, subdivision 9; 171.02, subdivision 2; Laws 2002, chapter 393, 1.26section 85; Laws 2008, chapter 152, article 2, sections 1; 3, subdivision 2; article 1.273, sections 6; 8; article 6, section 7; proposing coding for new law in Minnesota 1.28Statutes, chapters 123B; 169; 171; 174; 219; repealing Minnesota Statutes 2006, 1.29sections 168B.087, subdivision 2; 169.145; 221.121, subdivision 4. 1.30May 15, 2008 1.31The Honorable Margaret Anderson Kelliher 1.32Speaker of the House of Representatives 1.33The Honorable James P. Metzen 1.34President of the Senate 1.35We, the undersigned conferees for H. F. No. 3800 report that we have agreed upon 1.36the items in dispute and recommend as follows: 1.37That the Senate recede from its amendment and that H. F. No. 3800 be further 1.38amended as follows: 2.1Delete everything after the enacting clause and insert: 2.2"ARTICLE 1 2.3TRANSPORTATION POLICY 2.4    Section 1. Minnesota Statutes 2006, section 86B.825, subdivision 5, is amended to read: 2.5    Subd. 5. No legal title without certificate. A person acquiring a watercraft new text begin , new text end 2.6 new text begin required to have a certificate of title under this section, new text end through a sale or gift does not 2.7acquire a right, title, claim, or interest in the watercraft until the person has been issued 2.8a certificate of title to the watercraft or has received a manufacturer's or importer's 2.9certificate. A waiver or estoppel does not operate in favor of that person against another 2.10person who has obtained possession of the certificate of title or manufacturer's or 2.11importer's certificate for the watercraft for valuable consideration. 2.12    Sec. 2. Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision 2.13to read: 2.14     new text begin Subd. 61. new text end new text begin Mayor William "Bill" Sandberg Memorial Bridge. new text end new text begin The bridge new text end 2.15 new text begin over Margaret Street on marked Trunk Highway 36 in North St. Paul is designated the new text end 2.16 new text begin "Mayor William "Bill" Sandberg Memorial Bridge." The commissioner of transportation new text end 2.17 new text begin shall adopt a suitable design to mark this highway and erect appropriate signs, subject new text end 2.18 new text begin to section 161.139. new text end 2.19    Sec. 3. Minnesota Statutes 2006, section 162.02, is amended by adding a subdivision 2.20to read: 2.21     new text begin Subd. 3b. new text end new text begin Insurance standards. new text end new text begin When reviewing data and information for the new text end 2.22 new text begin development of safety improvements for trunk highways and state-aid projects, the new text end 2.23 new text begin commissioner of transportation may consider, among other things, the Insurance Institute new text end 2.24 new text begin for Highway Safety's findings in addition to standards contained in Department of new text end 2.25 new text begin Transportation manuals, American Association of State Highway and Transportation new text end 2.26 new text begin Officials manual on design of highways and streets, and other applicable federal new text end 2.27 new text begin publications. new text end 2.28    Sec. 4. Minnesota Statutes 2006, section 163.051, subdivision 1, is amended to read: 2.29    Subdivision 1. Tax authorized. new text begin (a) Except as provided in paragraph (b), new text end the board 2.30of commissioners of each metropolitan county is authorized to levy a wheelage tax of $5 2.31for the year 1972 and each subsequent year thereafter by resolution on each motor vehicle, 2.32except motorcycles as defined in section 169.01, subdivision 4, which new text begin that new text end is kept in such 3.1county when not in operation and which new text begin that new text end is subject to annual registration and taxation 3.2under chapter 168. The board may provide by resolution for collection of the wheelage 3.3tax by county officials or it may request that the tax be collected by the state registrar of 3.4motor vehicles, and the state registrar of motor vehicles shall collect such tax on behalf 3.5of the county if requested, as provided in subdivision 2. 3.6     new text begin (b) The following vehicles are exempt from the wheelage tax: new text end 3.7     new text begin (1) motorcycles, as defined in section 169.01, subdivision 4; new text end 3.8     new text begin (2) motorized bicycles, as defined in section 169.01, subdivision 4a; new text end 3.9     new text begin (3) electric-assisted bicycles, as defined in section 169.01, subdivision 4b; and new text end 3.10     new text begin (4) motorized foot scooters, as defined in section 169.01, subdivision 4c. new text end 3.11    Sec. 5. Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read: 3.12    Subd. 7. Passenger automobile. (a) "Passenger automobile" means any motor 3.13vehicle designed and used for carrying not more than 15 individuals, including the driver. 3.14    (b) "Passenger automobile" does not include motorcycles, motor scooters, buses, 3.15school buses, or commuter vans as defined in section 168.126. new text begin Except as provided in new text end 3.16 new text begin paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000 new text end 3.17 new text begin pounds that is a pickup truck or a van is not a passenger automobile. new text end 3.18    (c) "Passenger automobile" includes, but is not limited to: 3.19    (1) pickup trucks and vans, including those vans designed to carry passengers, with 3.20a manufacturer's nominal rated carrying capacity of one ton new text begin a vehicle that is: (i) a pickup new text end 3.21 new text begin truck or a van; (ii) not used in furtherance of a commercial enterprise; and (iii) not subject new text end 3.22 new text begin to state or federal regulation as a commercial motor vehicle new text end ; and 3.23    (2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91 new text begin ; and new text end 3.24     new text begin (3) medium-speed electric vehicles, as defined in section 169.01, subdivision 94 new text end . 3.25 new text begin EFFECTIVE DATE. new text end new text begin Paragraph (b) and paragraph (c), clause (1), are effective the new text end 3.26 new text begin day following final enactment and apply to any additional tax for a registration period that new text end 3.27 new text begin starts on or after March 1, 2011. new text end 3.28    Sec. 6. Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read: 3.29    Subd. 22. Special mobile equipment. new text begin (a) new text end "Special mobile equipment" means every 3.30vehicle not designed or used primarily for the transportation of persons or property and 3.31only incidentally operated or moved over a highway, including new text begin except vehicles described new text end 3.32 new text begin in paragraph (b). Special mobile equipment includes, new text end but new text begin is new text end not limited to: ditch-digging 3.33apparatuses, moving dollies, pump hoists and other water well-drilling equipment 3.34registered new text begin and licensed new text end under chapter 103I, street-sweeping vehicles, and other new text begin road new text end 4.1 new text begin construction or road maintenance new text end machinery such as asphalt spreaders, bituminous mixers, 4.2bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing 4.3machines, motor graders, road rollers, scarifiers, new text begin aggregate processing and conveying new text end 4.4 new text begin equipment, new text end truck-mounted log loaders, earth-moving carryalls, scrapers, power shovels, 4.5draglines, self-propelled cranes, and earth-moving equipment new text begin that are used exclusively for new text end 4.6 new text begin commercial logging, and self-propelled cranes new text end . The term 4.7     new text begin (b) "Special mobile equipment" new text end does not include travel trailers, new text begin : (1) machinery that new text end 4.8 new text begin has been temporarily or permanently mounted on a commercial motor vehicle chassis new text end 4.9 new text begin that is used only to provide a service and is not able to haul goods for resale; or (2) new text end 4.10dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other motor 4.11vehicles designed for the transportation of persons or property to which machinery has 4.12been attached. 4.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 4.14 new text begin applies to any additional tax for a registration period that starts on or after March 1, 2009. new text end 4.15    Sec. 7. Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read: 4.16    Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following 4.17vehicles are exempt from the provisions of this chapter requiring payment of tax and 4.18registration fees, except as provided in subdivision 1c: 4.19    (1) vehicles owned and used solely in the transaction of official business by the 4.20federal government, the state, or any political subdivision; 4.21    (2) vehicles owned and used exclusively by educational institutions and used solely 4.22in the transportation of pupils to and from those institutions; 4.23    (3) vehicles used solely in driver education programs at nonpublic high schools; 4.24    (4) vehicles owned by nonprofit charities and used exclusively to transport disabled 4.25persons for charitable, religious, or educational purposes; 4.26    (5) new text begin vehicles owned by nonprofit charities and used exclusively for disaster response new text end 4.27 new text begin and related activities; new text end 4.28     new text begin (6) new text end ambulances owned by ambulance services licensed under section 144E.10, the 4.29general appearance of which is unmistakable; and 4.30    (6) new text begin (7) new text end vehicles owned by a commercial driving school licensed under section 4.31171.34 , or an employee of a commercial driving school licensed under section 171.34, and 4.32the vehicle is used exclusively for driver education and training. 4.33    (b) Vehicles owned by the federal government, municipal fire apparatuses including 4.34fire-suppression support vehicles, police patrols, and ambulances, the general appearance 4.35of which is unmistakable, are not required to register or display number plates. 5.1    (c) Unmarked vehicles used in general police work, liquor investigations, or arson 5.2investigations, and passenger automobiles, pickup trucks, and buses owned or operated by 5.3the Department of Corrections, must be registered and must display appropriate license 5.4number plates, furnished by the registrar at cost. Original and renewal applications for 5.5these license plates authorized for use in general police work and for use by the Department 5.6of Corrections must be accompanied by a certification signed by the appropriate chief of 5.7police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle, 5.8the commissioner of corrections if issued to a Department of Corrections vehicle, or the 5.9appropriate officer in charge if issued to a vehicle of any other law enforcement agency. 5.10The certification must be on a form prescribed by the commissioner and state that the 5.11vehicle will be used exclusively for a purpose authorized by this section. 5.12    (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, 5.13fraud unit, in conducting seizures or criminal investigations must be registered and must 5.14display passenger vehicle classification license number plates, furnished at cost by the 5.15registrar. Original and renewal applications for these passenger vehicle license plates 5.16must be accompanied by a certification signed by the commissioner of revenue or the 5.17commissioner of labor and industry. The certification must be on a form prescribed by 5.18the commissioner and state that the vehicles will be used exclusively for the purposes 5.19authorized by this section. 5.20    (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the 5.21Department of Health must be registered and must display passenger vehicle classification 5.22license number plates. These plates must be furnished at cost by the registrar. Original 5.23and renewal applications for these passenger vehicle license plates must be accompanied 5.24by a certification signed by the commissioner of health. The certification must be on a 5.25form prescribed by the commissioner and state that the vehicles will be used exclusively 5.26for the official duties of the Division of Disease Prevention and Control. 5.27    (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling 5.28investigations and reviews must be registered and must display passenger vehicle 5.29classification license number plates. These plates must be furnished at cost by the 5.30registrar. Original and renewal applications for these passenger vehicle license plates must 5.31be accompanied by a certification signed by the board chair. The certification must be on a 5.32form prescribed by the commissioner and state that the vehicles will be used exclusively 5.33for the official duties of the Gambling Control Board. 5.34    (g) new text begin Each state hospital and institution for persons who are mentally ill and new text end 5.35 new text begin developmentally disabled may have one vehicle without the required identification on new text end 5.36 new text begin the sides of the vehicle. The vehicle must be registered and must display passenger new text end 6.1 new text begin vehicle classification license number plates. These plates must be furnished at cost by the new text end 6.2 new text begin registrar. Original and renewal applications for these passenger vehicle license plates must new text end 6.3 new text begin be accompanied by a certification signed by the hospital administrator. The certification new text end 6.4 new text begin must be on a form prescribed by the commissioner and state that the vehicles will be used new text end 6.5 new text begin exclusively for the official duties of the state hospital or institution. new text end 6.6     new text begin (h) Each county social service agency may have vehicles used for child and new text end 6.7 new text begin vulnerable adult protective services without the required identification on the sides of the new text end 6.8 new text begin vehicle. The vehicles must be registered and must display passenger vehicle classification new text end 6.9 new text begin license number plates. These plates must be furnished at cost by the registrar. Original new text end 6.10 new text begin and renewal applications for these passenger vehicle license plates must be accompanied new text end 6.11 new text begin by a certification signed by the agency administrator. The certification must be on a form new text end 6.12 new text begin prescribed by the commissioner and state that the vehicles will be used exclusively for the new text end 6.13 new text begin official duties of the social service agency. new text end 6.14     new text begin (i) new text end All other motor vehicles must be registered and display tax-exempt number 6.15plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles 6.16required to display tax-exempt number plates must have the name of the state department 6.17or political subdivision, nonpublic high school operating a driver education program, or 6.18licensed commercial driving school, new text begin or other qualifying organization or entity, new text end plainly 6.19displayed on both sides of the vehicle; except that each state hospital and institution for 6.20persons who are mentally ill and developmentally disabled may have one vehicle without 6.21the required identification on the sides of the vehicle, and county social service agencies 6.22may have vehicles used for child and vulnerable adult protective services without the 6.23required identification on the sides of the vehicle. This identification must be in a color 6.24giving contrast with that of the part of the vehicle on which it is placed and must endure 6.25throughout the term of the registration. The identification must not be on a removable 6.26plate or placard and must be kept clean and visible at all times; except that a removable 6.27plate or placard may be utilized on vehicles leased or loaned to a political subdivision or 6.28to a nonpublic high school driver education program. 6.29    Sec. 8. Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision 6.30to read: 6.31     new text begin Subd. 2c. new text end new text begin Spotter trucks. new text end new text begin Spotter trucks, as defined in section 169.01, subdivision new text end 6.32 new text begin 7a, shall not be taxed as motor vehicles using the public streets and highways, and shall be new text end 6.33 new text begin exempt from the provisions of this chapter. new text end 6.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 6.35 new text begin and expires June 30, 2013. new text end 7.1    Sec. 9. Minnesota Statutes 2006, section 168.013, is amended by adding a subdivision 7.2to read: 7.3     new text begin Subd. 1l. new text end new text begin Concrete pumps and street-sweeping vehicles. new text end new text begin The tax on new text end 7.4 new text begin vehicle-mounted concrete pumps and street-sweeping vehicles that are not registered new text end 7.5 new text begin under section 168.187 is 15 percent of the Minnesota base rate schedule. Vehicles new text end 7.6 new text begin registered under this subdivision must display plates from a distinctive series. new text end 7.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment and new text end 7.8 new text begin applies to any additional tax for a registration period that starts on or after March 1, 2009. new text end 7.9    Sec. 10. Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read: 7.10    Subdivision 1. Disability plates; application. (a) When a motor vehicle registered 7.11under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated 7.12capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle 7.13is owned or primarily operated by a permanently physically disabled person or a custodial 7.14parent or guardian of a permanently physically disabled minor, the owner may apply for 7.15and secure from the commissioner (1) immediately, a temporary permit valid for 30 days 7.16if the applicant is eligible for the disability plates issued under this section and (2) two 7.17disability plates with attached emblems, one plate to be attached to the front, and one 7.18to the rear of the motor vehicle. 7.19    (b) The commissioner shall not issue more than one set of plates to any owner of a 7.20motor vehicle at the same time unless all motor vehicles have been specifically modified 7.21for and are used exclusively by a permanently physically disabled person new text begin the state council new text end 7.22 new text begin on disability approves the issuance of a second set of plates to a motor vehicle owner new text end . 7.23    (c) When the owner first applies for the disability plates, the owner must submit a 7.24medical statement in a format approved by the commissioner under section 169.345, or 7.25proof of physical disability provided for in that section. 7.26    (d) No medical statement or proof of disability is required when an owner of a motor 7.27vehicle applies for plates for one or more motor vehicles that are specially modified for 7.28and used exclusively by permanently physically disabled persons. 7.29    (e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit 7.30valid for 30 days, if the applicant is eligible to receive the disability plates issued under 7.31this section, and (ii) a set of disability plates for a motor vehicle if: 7.32    (1) the owner employs a permanently physically disabled person who would qualify 7.33for disability plates under this section; and 7.34    (2) the owner furnishes the motor vehicle to the physically disabled person for the 7.35exclusive use of that person in the course of employment. 8.1    Sec. 11. Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read: 8.2    Subd. 2. Plate design; furnished by commissioner. The commissioner shall design 8.3and furnish two disability plates with attached emblems to each new text begin an new text end eligible owner. The 8.4emblem must bear the internationally accepted wheelchair symbol, as designated in 8.5section 16B.61, subdivision 5, approximately three inches square. The emblem must 8.6be large enough to be visible plainly from a distance of 50 feet. An applicant eligible 8.7for disability plates shall pay the motor vehicle registration fee authorized by sections 8.8168.013 and 168.09. 8.9    Sec. 12. Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read: 8.10    Subd. 7. Display of temporary permit; special plates. (a) A vehicle that displays a 8.11special new text begin Minnesota new text end plate issued under section ; 168.12, subdivision 2, 2a, 2b, 2c, or 8.122d; ; ; ; ; ; or , new text begin chapter 168 new text end may display a 8.13temporary permit in conjunction with expired registration if: 8.14    (1) the current registration tax and all other fees new text begin and taxes new text end have been paid in full; and 8.15    (2) the plate requires replacement under section 168.12, subdivision 1, paragraph 8.16(d), clause (3) new text begin has been applied for new text end . 8.17    (b) A vehicle that is registered under section may display a temporary permit 8.18in conjunction with expired registration, with or without a registration plate, if: 8.19    (1) the plates have been applied for and new text begin ; new text end 8.20     new text begin (2) new text end the registration tax has new text begin and other fees and taxes have new text end been paid in full, as 8.21provided for in section ; and 8.22    (2) new text begin (3) either new text end the vehicle is used solely as a collector vehicle while displaying the 8.23temporary permit and not used for general transportation purposes new text begin or the vehicle was new text end 8.24 new text begin issued a 21-day permit under section 168.092, subdivision 1 new text end . 8.25    (c) The permit is valid for a period of 60 days. The permit must be in a format 8.26prescribed by the commissioner and whenever practicable must be posted upon the 8.27driver's side of the rear window on the inside of the vehicle. The permit is valid only 8.28for the vehicle for which it was issued to allow a reasonable time for the new plates to 8.29be manufactured and delivered to the applicant. new text begin The permit may be issued only by the new text end 8.30 new text begin commissioner or by a deputy registrar under section 168.33. new text end 8.31    Sec. 13. new text begin [168.1295] MINNESOTA SESQUICENTENNIAL SPECIAL PLATES. new text end 8.32     new text begin Subdivision 1. new text end new text begin Issuance and design. new text end new text begin Notwithstanding section 168.1293, the new text end 8.33 new text begin commissioner shall issue Minnesota sesquicentennial plates or one motorcycle plate to new text end 8.34 new text begin an applicant who: new text end 9.1     new text begin (1) is a registered owner of a passenger automobile, one-ton pickup truck, new text end 9.2 new text begin motorcycle, or recreational vehicle; new text end 9.3     new text begin (2) pays a fee of $10 for each set of license plates; new text end 9.4     new text begin (3) contributes a minimum of $25 to the Minnesota Sesquicentennial Commission; new text end 9.5 new text begin and new text end 9.6     new text begin (4) complies with this chapter and rules governing registration of motor vehicles new text end 9.7 new text begin and licensing of drivers. new text end 9.8     new text begin Subd. 2. new text end new text begin Novelty plates. new text end new text begin Notwithstanding subdivision 1, the commissioner may new text end 9.9 new text begin issue distinctive Minnesota Sesquicentennial novelty plates for a fee of $5 for each plate, new text end 9.10 new text begin and a minimum contribution of $25 to the Minnesota Sesquicentennial Commission. new text end 9.11     new text begin Subd. 3. new text end new text begin Design. new text end new text begin After consultation with the Minnesota Sesquicentennial new text end 9.12 new text begin Commission, the commissioner shall design the special plate. new text end 9.13     new text begin Subd. 4. new text end new text begin Plates transfer. new text end new text begin On payment of a transfer fee of $5, plates issued under new text end 9.14 new text begin subdivision 1 may be transferred to another passenger automobile, one-ton pickup truck, new text end 9.15 new text begin motorcycle, or recreational vehicle registered to the individual to whom the special new text end 9.16 new text begin plates were issued. new text end 9.17     new text begin Subd. 5. new text end new text begin Fees. new text end new text begin Fees collected under subdivision 1, clause (2), or under subdivision new text end 9.18 new text begin 2, are credited to the vehicle services operating account in the special revenue fund. new text end 9.19     new text begin Subd. 6. new text end new text begin Contributions. new text end new text begin Contributions collected under subdivision 1, clause (3), or new text end 9.20 new text begin under subdivision 2, are credited to the sesquicentennial account, which is established new text end 9.21 new text begin in the special revenue fund. Money in the account is appropriated to the Minnesota new text end 9.22 new text begin Sesquicentennial Commission to be used in performance of the commission's powers new text end 9.23 new text begin and duties. After the commission expires, money in the account is appropriated to the new text end 9.24 new text begin Capitol Area Architectural and Planning Board for restoration and renovation of the new text end 9.25 new text begin Capitol Building. new text end 9.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 9.27 new text begin and expires for issuance of plates after June 30, 2011. new text end 9.28    Sec. 14. Minnesota Statutes 2006, section 168.185, is amended to read: 9.29168.185 USDOT NUMBERS. 9.30    (a) new text begin Except as provided in paragraph (d), new text end an owner of a truck or truck-tractor having a 9.31gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision 9.3246 , other than a farm truck that is not used in interstate commerce, shall report to the 9.33registrar new text begin commissioner new text end at the time of registration its USDOT carrier number. A person 9.34subject to this paragraph who does not have a USDOT number shall apply for the number 10.1at the time of registration by completing a form MCS-150 Motor Carrier Identification 10.2Report, issued by the Federal Motor Carrier Safety Administration, or comparable 10.3document as determined by the registrar new text begin commissioner new text end . The registrar new text begin commissioner new text end shall 10.4not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph. 10.5    (b) Assigned USDOT numbers need not be displayed on the outside of the 10.6vehicle, but must be made available upon request of an authorized agent of the registrar new text begin new text end 10.7 new text begin commissioner new text end , peace officer, other employees of the State Patrol authorized in chapter 10.8299D, or employees of the Minnesota Department of Transportation. The vehicle owner 10.9shall notify the registrar new text begin commissioner new text end if there is a change to the owner's USDOT number. 10.10    (c) If an owner fails to report or apply for a USDOT number, the registrar new text begin new text end 10.11 new text begin commissioner new text end shall suspend the owner's registration. 10.12    (d) Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural 10.13fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer 10.14or agricultural chemicals to a farmer for on-farm use. new text begin This section does not apply to new text end 10.15 new text begin (1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used new text end 10.16 new text begin in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used new text end 10.17 new text begin solely in the transaction of official business by the federal government, the state, or any new text end 10.18 new text begin political subdivision. new text end 10.19    Sec. 15. Minnesota Statutes 2006, section 168.28, is amended to read: 10.20168.28 VEHICLES SUBJECT TO TAX; EXCEPTIONS. 10.21    Every motor vehicle (except those exempted in section 168.012, and except those 10.22which are being towed upon the streets and highways and which shall not be deemed to 10.23be using the streets and highways within the meaning of this section) shall be deemed to 10.24be one using the public streets and highways and hence as such subject to taxation under 10.25this chapter if such motor vehicle has since April 23, 1921, used such public streets or 10.26highways, or shall actually use them, or if it shall come into the possession of an owner 10.27other than as a manufacturer, dealer, warehouse operator, mortgagee or pledgee. New and 10.28unused motor vehicles in the possession of a dealer solely for the purpose of sale, and 10.29used or secondhand motor vehicles which have not theretofore used the public streets or 10.30highways of this state which are in the possession of a dealer solely for the purpose of sale 10.31and which are duly listed as herein provided, shall not be deemed to be vehicles using the 10.32public streets or highways. The driving or operating of a motor vehicle upon the public 10.33streets or highways of this state by a motor vehicle dealer or any employee of such motor 10.34vehicle dealer for demonstration purposes or for any purpose incident to the usual and 10.35customary conduct and operation of the business in which licensed under section 168.27 11.1to engage, or solely for the purpose of moving it from points outside or within the state 11.2to the place of business or storage of a licensed dealer within the state or solely for the 11.3purpose of moving it from the place of business of a manufacturer, or licensed dealer 11.4within the state to the place of business or residence of a purchaser outside the state, shall 11.5not be deemed to be using the public streets or highways in the state within the meaning 11.6of this chapter or of the Constitution of the state of Minnesota, article XIV, and shall not 11.7be held to make the motor vehicle subject to taxation under this chapter as one using the 11.8public streets or highways, if during such driving or moving the dealer's plates herein 11.9provided for shall be duly displayed upon such vehicle. Any dealer or distributor may 11.10register a motor vehicle prior to its assessment or taxation as personal property, and pay 11.11the license fee and tax thereon for the full calendar year as one using the public streets and 11.12highways, and thereafter such vehicle shall be deemed to be one using the public streets 11.13and highways and shall not be subject to assessment or taxation as personal property 11.14during the calendar year for which it is so registered, whether or not such vehicle shall 11.15actually have used the streets or highways. new text begin Special mobile equipment is subject to a new text end 11.16 new text begin penalty equal to the tax due under this chapter for the full registration year if it is used to new text end 11.17 new text begin transport persons or property at any time using the public streets. new text end 11.18    Sec. 16. Minnesota Statutes 2006, section 168A.01, subdivision 21, is amended to read: 11.19    Subd. 21. Special mobile equipment. "Special mobile equipment" means every 11.20vehicle not designed or used primarily for the transportation of persons or property 11.21and only incidentally operated or moved over a highway, including but not limited to: 11.22ditch-digging apparatuses, well-boring apparatuses, moving dollies, sawing machines, 11.23corn shellers, and road construction and maintenance machinery such as asphalt spreaders, 11.24bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling 11.25graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls 11.26and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving 11.27equipment. The term does not include travel trailers, dump trucks, truck-mounted transit 11.28mixers, truck-mounted feed grinders, or other vehicles designed for the transportation 11.29of persons or property to which machinery has been attached new text begin has the meaning given it new text end 11.30 new text begin in section 168.011 new text end . 11.31    Sec. 17. Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read: 11.32    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of 11.33title for: 11.34    (1) a vehicle owned by the United States; 12.1    (2) a vehicle owned by a nonresident and not required by law to be registered in 12.2this state; 12.3    (3) a vehicle owned by a nonresident and regularly engaged in the interstate 12.4transportation of persons or property for which a currently effective certificate of title 12.5has been issued in another state; 12.6    (4) a vehicle moved solely by animal power; 12.7    (5) an implement of husbandry; 12.8    (6) special mobile equipment; 12.9    (7) a self-propelled wheelchair or invalid tricycle; 12.10    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party 12.11holds an interest in the trailer or a certificate of title was previously issued by this state or 12.12any other state or (ii) designed primarily for agricultural purposes except a recreational 12.13vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25; 12.14    (9) a snowmobile. new text begin ; and new text end 12.15     new text begin (10) a spotter truck, as defined in section 169.01, subdivision 7a. new text end 12.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 12.17 new text begin and expires June 30, 2013. new text end 12.18    Sec. 18. Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read: 12.19    Subd. 9. Neighborhood electric vehicle new text begin and medium-speed electric vehicles new text end ; 12.20certificate required. Neighborhood electric vehicles new text begin and medium-speed electric vehicles new text end , 12.21as defined in section 169.01, subdivision new text begin subdivisions new text end 91 new text begin and 94 new text end , must be titled as 12.22specified in section 168A.02. The department shall not issue a title for a neighborhood 12.23electric vehicle new text begin or a medium-speed electric vehicle new text end (1) that lacks a vehicle identification 12.24number, and (2) for which a manufacturer's certificate of origin clearly labeling the 12.25vehicle as a neighborhood electric vehicle or similar designation has not been issued. The 12.26department shall not issue a vehicle identification number to a homemade neighborhood 12.27electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as 12.28neighborhood electric vehicles. 12.29    Sec. 19. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read: 12.30    Subd. 2. Sale after 45 days new text begin or title transfer new text end . An new text begin (a) If an unauthorized vehicle is new text end 12.31 new text begin impounded, other than by the city of Minneapolis or the city of St. Paul, the new text end impounded 12.32vehicle is eligible for disposal or sale under section 168B.08, new text begin the earlier of: new text end 13.1     new text begin (1) new text end 45 days after notice to the owner, if the vehicle is determined to be an 13.2unauthorized vehicle that was not impounded by the city of Minneapolis or the city of 13.3St. Paul new text begin ; or new text end 13.4     new text begin (2) the date of a voluntary written title transfer by the registered owner to the new text end 13.5 new text begin impound lot operator new text end . 13.6     new text begin (b) A voluntary written title transfer constitutes a waiver by the registered owner of new text end 13.7 new text begin any right, title, and interest in the vehicle. new text end 13.8    Sec. 20. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read: 13.9    Subdivision 1. Contents; new text begin Written new text end notice given within five days new text begin of impound new text end . new text begin (a) new text end 13.10When an impounded vehicle is taken into custody, the unit of government or impound lot 13.11operator taking it into custody shall give new text begin written new text end notice of the taking within five days new text begin to new text end 13.12 new text begin the registered vehicle owner and any lienholders new text end . 13.13     new text begin (b) new text end The notice shall new text begin must: new text end 13.14    (1) set forth the date and place of the taking, new text begin ; new text end 13.15     new text begin (2) provide new text end the year, make, model new text begin , new text end and serial number of the impounded motor 13.16vehicle new text begin , new text end if such information can be reasonably obtained new text begin , new text end and the place where the vehicle 13.17is being held, new text begin ; new text end 13.18    (2) new text begin (3) new text end inform the owner and any lienholders of their right to reclaim the vehicle 13.19under section 168B.07, and new text begin ; new text end 13.20    (3) new text begin (4) new text end state that failure of the owner or lienholders to new text begin : new text end 13.21     new text begin (i) new text end exercise their right to reclaim the vehicle and contents within the appropriate time 13.22allowed under section 168B.051, subdivision 1, 1a, or 2, shall be deemed new text begin and under the new text end 13.23 new text begin conditions set forth in section 168B.07, subdivision 1, constitutes new text end a waiver by them of all 13.24right, title, and interest in the vehicle and contents and a consent to the transfer of title to 13.25and disposal or sale of the vehicle and contents pursuant to section 168B.08 new text begin ; or new text end 13.26     new text begin (ii) exercise their right to reclaim the contents of the vehicle within the appropriate new text end 13.27 new text begin time allowed and under the conditions set forth in section 168B.07, subdivision 3, new text end 13.28 new text begin constitutes a waiver by them of all right, title, and interest in the contents and consent to new text end 13.29 new text begin sell or dispose of the contents under section 168B.08; and new text end 13.30     new text begin (5) new text end new text begin state that a vehicle owner who provides to the impound lot operator new text end 13.31 new text begin documentation from a government or nonprofit agency or legal aid office that the owner new text end 13.32 new text begin is homeless, receives relief based on need, is eligible for legal aid services, or has a new text end 13.33 new text begin household income at or below 50 percent of state median income has the unencumbered new text end 13.34 new text begin right to retrieve any and all contents without charge new text end . 14.1    Sec. 21. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read: 14.2    Subd. 3. Unauthorized vehicle; new text begin second new text end notice. If an unauthorized vehicle remains 14.3unclaimed after 30 days from the date the notice was sent under subdivision 2, a second 14.4notice shall new text begin must new text end be sent by certified mail, return receipt requested, to the registered owner, 14.5if any, of the unauthorized vehicle and to all readily identifiable lienholders of record. 14.6    Sec. 22. Minnesota Statutes 2006, section 168B.07, is amended by adding a 14.7subdivision to read: 14.8     new text begin Subd. 3. new text end new text begin Retrieval of contents. new text end new text begin (a) For purposes of this subdivision: new text end 14.9     new text begin (1) "contents" does not include any permanently affixed mechanical or new text end 14.10 new text begin nonmechanical automobile parts; automobile body parts; or automobile accessories, new text end 14.11 new text begin including audio or video players; and new text end 14.12     new text begin (2) "relief based on need" includes, but is not limited to, receipt of MFIP new text end 14.13 new text begin and Diversionary Work Program, medical assistance, general assistance, general new text end 14.14 new text begin assistance medical care, emergency general assistance, Minnesota supplemental aid, new text end 14.15 new text begin MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy new text end 14.16 new text begin assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota new text end 14.17 new text begin working family tax credit. new text end 14.18     new text begin (b) A unit of government or impound lot operator shall establish reasonable new text end 14.19 new text begin procedures for retrieval of vehicle contents, and may establish reasonable procedures to new text end 14.20 new text begin protect the safety and security of the impound lot and its personnel. new text end 14.21     new text begin (c) At any time before the expiration of the waiting periods provided in section new text end 14.22 new text begin 168B.051, a registered owner who provides documentation from a government or new text end 14.23 new text begin nonprofit agency or legal aid office that the registered owner is homeless, receives relief new text end 14.24 new text begin based on need, is eligible for legal aid services, or has a household income at or below 50 new text end 14.25 new text begin percent of state median income has the unencumbered right to retrieve any and all contents new text end 14.26 new text begin without charge and regardless of whether the registered owner pays incurred charges or new text end 14.27 new text begin fees, transfers title, or reclaims the vehicle. new text end 14.28    Sec. 23. Minnesota Statutes 2006, section 168B.07, is amended by adding a 14.29subdivision to read: 14.30     new text begin Subd. 4. new text end new text begin Waiver of rights. new text end new text begin The failure of the registered owner or lienholders to new text end 14.31 new text begin exercise the right to reclaim the vehicle before the expiration of the waiting periods new text end 14.32 new text begin provided under section 168B.051 constitutes a waiver of all right, title, and interest in new text end 14.33 new text begin the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle new text end 14.34 new text begin under section 168B.08. The failure of the registered owner to exercise the right provided new text end 15.1 new text begin under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and new text end 15.2 new text begin a consent to the transfer of title to, and disposal or sale of, the contents under section new text end 15.3 new text begin 168B.08. new text end 15.4    Sec. 24. Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read: 15.5    Subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and 15.6contents taken into custody by a unit of government or any impound lot is not reclaimed 15.7under section 168B.07, new text begin subdivision 1, new text end it may be disposed of or sold at auction or sale when 15.8eligible pursuant to sections 168B.06 and 168B.07. new text begin If the contents of an abandoned or new text end 15.9 new text begin unauthorized vehicle taken into custody by a unit of government or any impound lot is not new text end 15.10 new text begin reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction new text end 15.11 new text begin or sale when eligible pursuant to sections 168B.06 and 168B.07. new text end 15.12    (b) The purchaser shall be given a receipt in a form prescribed by the registrar of 15.13motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall 15.14also entitle the purchaser to register the vehicle and receive a certificate of title, free and 15.15clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate 15.16of title it must receive a motor vehicle safety check. 15.17    Sec. 25. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 15.18to read: 15.19     new text begin Subd. 7a. new text end new text begin Spotter truck. new text end new text begin "Spotter truck" means a truck-tractor with a manufacturer's new text end 15.20 new text begin certificate of origin "not for on road use" specification, used exclusively for staging or new text end 15.21 new text begin shuttling trailers in the course of a truck freight operation or freight shipping operation. new text end 15.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 15.23 new text begin and expires June 30, 2013. new text end 15.24    Sec. 26. Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read: 15.25    Subd. 55. Implement of husbandry. "Implement of husbandry" has the meaning 15.26given in section 168A.01, subdivision 8 new text begin means a self-propelled or towed vehicle designed new text end 15.27 new text begin or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or new text end 15.28 new text begin livestock-raising operations new text end . 15.29    Sec. 27. Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read: 15.30    Subd. 76. Hazardous materials. "Hazardous materials" means those materials 15.31found to be hazardous for the purposes of the federal Hazardous Materials Transportation 15.32Act and that require the motor vehicle new text begin any material that has been designated as hazardous new text end 16.1 new text begin under United States Code, title 49, section 5103, and is required new text end to be placarded under 16.2Code of Federal Regulations, title 49, parts 100-185 new text begin part 172, subpart F, or any quantity of new text end 16.3 new text begin a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73 new text end . 16.4    Sec. 28. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 16.5to read: 16.6     new text begin Subd. 93. new text end new text begin Wireless communications device. new text end new text begin "Wireless communications device" new text end 16.7 new text begin means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving new text end 16.8 new text begin and transmitting data, including but not limited to text messages and e-mail, without an new text end 16.9 new text begin access line for service. A wireless communications device does not include a device that new text end 16.10 new text begin is permanently affixed to the vehicle, or a global positioning system or navigation system new text end 16.11 new text begin when the system is used exclusively for navigation purposes. new text end 16.12    Sec. 29. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision 16.13to read: 16.14     new text begin Subd. 94. new text end new text begin Medium-speed electric vehicle. new text end new text begin "Medium-speed electric vehicle" new text end 16.15 new text begin means an electrically powered four-wheeled motor vehicle, equipped with a roll cage new text end 16.16 new text begin or crushproof body design, that can attain a maximum speed of 35 miles per hour on a new text end 16.17 new text begin paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase new text end 16.18 new text begin of 40 inches or greater and a wheel diameter of ten inches or greater, and except with new text end 16.19 new text begin respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal new text end 16.20 new text begin Regulations, title 49, section 571.500, and successor requirements. new text end 16.21    Sec. 30. Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read: 16.22    Subdivision 1. Keep to the right. Upon all roadways of sufficient width a vehicle 16.23shall be driven upon the right half of the roadway, except as follows: 16.24    (1) when overtaking and passing another vehicle proceeding in the same direction 16.25under the rules governing such movement; 16.26    (2) when the right half of a roadway is closed to traffic while under construction 16.27or repair; 16.28    (3) upon a roadway divided into three marked lanes for traffic under the rules 16.29applicable thereon; 16.30    (4) upon a roadway designated and signposted for one-way traffic as a one-way 16.31roadway; or 16.32    (5) as necessary to comply with subdivision 11 when approaching an authorized 16.33emergency vehicle parked or stopped on the roadway. new text begin ; or new text end 17.1     new text begin (6) as necessary to comply with subdivision 12 when approaching a road new text end 17.2 new text begin maintenance or construction vehicle parked or stopped on the roadway. new text end 17.3    Sec. 31. Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read: 17.4    Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven 17.5to the left side of the center of the roadway in overtaking and passing another vehicle 17.6proceeding in the same direction unless such left side is clearly visible and is free of 17.7oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to 17.8be completely made without interfering with the safe operation of any vehicle approaching 17.9from the opposite direction or any vehicle overtaken. In every event the overtaking 17.10vehicle must return to the right-hand side of the roadway before coming within 100 feet 17.11of any vehicle approaching from the opposite direction. 17.12    (b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall, 17.13in overtaking and passing another vehicle or at any other time, be driven to the left half of 17.14the roadway under the following conditions: 17.15    (1) when approaching the crest of a grade or upon a curve in the highway where the 17.16driver's view along the highway is obstructed within a distance of 700 feet; 17.17    (2) when approaching within 100 feet of any underpass or tunnel, railroad grade 17.18crossing, intersection within a city, or intersection outside of a city if the presence of the 17.19intersection is marked by warning signs; or 17.20    (3) where official signs are in place prohibiting passing, or a distinctive centerline 17.21is marked, which distinctive line also so prohibits passing, as declared in the Manual on 17.22Uniform Traffic Control Devices adopted by the commissioner. 17.23    (c) Paragraph (b) does not apply to a self-propelled or towed implement of 17.24husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying 17.25vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2) 17.26does not extend into the left half of the roadway to any greater extent than made necessary 17.27by the total width of the right half of the roadway together with any adjacent shoulder 17.28that is suitable for travel. 17.29    (d) Paragraph (b) does not apply to a self-propelled or towed implement of 17.30husbandry that is operated to the left half of the roadway if such operation is not to a 17.31greater extent than is necessary to avoid collision with a parked vehicle, sign, or other 17.32stationary object located on the highway right-of-way. 17.33    Sec. 32. Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision 17.34to read: 18.1     new text begin Subd. 12. new text end new text begin Passing certain parked vehicles. new text end new text begin (a) When approaching and before new text end 18.2 new text begin passing a freeway service patrol, road maintenance, or construction vehicle with its new text end 18.3 new text begin warning lights activated that is parked or otherwise stopped on or next to a street or new text end 18.4 new text begin highway having two lanes in the same direction, the driver of a vehicle shall safely move new text end 18.5 new text begin the vehicle to the lane farthest away from the vehicle, if it is possible to do so. new text end 18.6     new text begin (b) When approaching and before passing a freeway service patrol, road new text end 18.7 new text begin maintenance, or construction vehicle with its warning lights activated that is parked or new text end 18.8 new text begin otherwise stopped on or next to a street or highway having more than two lanes in the new text end 18.9 new text begin same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full new text end 18.10 new text begin lane vacant between the driver and any lane in which the vehicle is completely or partially new text end 18.11 new text begin parked or otherwise stopped, if it is possible to do so. new text end 18.12    Sec. 33. Minnesota Statutes 2006, section 169.21, is amended by adding a subdivision 18.13to read: 18.14     new text begin Subd. 6. new text end new text begin Driver education curriculum. new text end new text begin The class D curriculum, in addition to new text end 18.15 new text begin driver education classroom curriculum prescribed in rules of statutes for class D motor new text end 18.16 new text begin vehicles, must include instruction on the duties of a driver when encountering a bicycle, new text end 18.17 new text begin other nonmotorized vehicles, or a pedestrian. new text end 18.18    Sec. 34. Minnesota Statutes 2006, section 169.224, is amended to read: 18.19169.224 NEIGHBORHOOD new text begin AND MEDIUM-SPEED new text end ELECTRIC VEHICLES. 18.20    Subdivision 1. Definition. For purposes of this section, "road authority" means the 18.21commissioner, as to trunk highways; the county board, as to county state-aid highways 18.22and county highways; the town board, as to town roads; and the governing body of 18.23a city, as to city streets. 18.24    Subd. 2. Required equipment. Notwithstanding any other law, a neighborhood 18.25electric vehicle new text begin or a medium-speed electric vehicle new text end may be operated on public streets and 18.26highways if it meets all equipment and vehicle safety requirements in Code of Federal 18.27Regulations, title 49, section 571.500, and successor requirements. 18.28    Subd. 3. Operation. A neighborhood electric vehicle new text begin or a medium-speed electric new text end 18.29 new text begin vehicle new text end may not be operated on a street or highway with a speed limit greater than 35 miles 18.30per hour, except to make a direct crossing of that street or highway. 18.31    Subd. 4. Restrictions and prohibitions. (a) A road authority, including the 18.32commissioner of transportation by order, may prohibit or further restrict the operation 19.1of neighborhood electric vehicles new text begin and medium-speed electric vehicles new text end on any street or 19.2highway under the road authority's jurisdiction. 19.3    (b) new text begin Neither new text end a neighborhood electric vehicle new text begin nor a medium-speed electric vehicle new text end may 19.4not be used to take any examination to demonstrate ability to exercise control in the 19.5operation of a motor vehicle as required under section 171.13. 19.6    Sec. 35. new text begin [169.228] SPOTTER TRUCKS. new text end 19.7     new text begin Notwithstanding any other law, a spotter truck may be operated on public streets new text end 19.8 new text begin and highways if: new text end 19.9     new text begin (1) the operator has the appropriate class of driver's license; new text end 19.10     new text begin (2) the vehicle complies with the size, weight, and load restrictions under this new text end 19.11 new text begin chapter; new text end 19.12     new text begin (3) the vehicle meets all inspection requirements under section 169.781; and new text end 19.13     new text begin (4) the vehicle is operated (i) within a zone of two air miles from the truck freight new text end 19.14 new text begin operation or freight shipping operation where the vehicle is housed, or (ii) directly to and new text end 19.15 new text begin from a repair shop, service station, or fueling station for the purpose of repair, servicing, new text end 19.16 new text begin or refueling. new text end 19.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 19.18 new text begin and expires June 30, 2013. new text end 19.19    Sec. 36. Minnesota Statutes 2006, section 169.435, is amended to read: 19.20169.435 STATE SCHOOL BUS SAFETY ADMINISTRATION new text begin OFFICE OF new text end 19.21 new text begin PUPIL TRANSPORTATION SAFETY new text end . 19.22    Subdivision 1. Responsibility; Department of Public Safety. The Department of 19.23Public Safety has the primary responsibility for school transportation safety. The new text begin Office of new text end 19.24 new text begin Pupil Transportation Safety is created as a section under the Division of State Patrol. The new text end 19.25commissioner or the commissioner's designee shall serve as state new text begin designate a new text end director of 19.26pupil transportation according to subdivision 3. 19.27    Subd. 3. Pupil transportation safety director. (a) The commissioner of public 19.28safety or the commissioner's designee shall serve as pupil transportation safety director. 19.29    (b) The duties of the pupil transportation safety director shall include: 19.30    (1) overseeing all department activities related to school bus safety; 19.31    (2) assisting in the development, interpretation, and implementation of laws 19.32and policies relating to school bus safety new text begin , in consultation with a stakeholder group new text end 19.33 new text begin consisting of, but not limited to, representatives of the school board association, school new text end 20.1 new text begin superintendents, private bus contractors, directors of transportation, school bus employees new text end 20.2 new text begin or their exclusive bargaining representatives, and parent organizations new text end ; 20.3    (3) supervising preparation of the School Bus Inspection Manual; and 20.4    (4) in conjunction with the Department of Education new text begin and the stakeholder group new text end 20.5 new text begin described in clause (2) new text end , assisting school districts in developing and implementing 20.6comprehensive transportation policies new text begin and establishing best practices for private contracts; new text end 20.7     new text begin (5) developing and maintaining a consistent record-keeping system to document new text end 20.8 new text begin school bus inspections, out-of-service school transportation vehicles, driver turnover new text end 20.9 new text begin rate, and driver files; and new text end 20.10     new text begin (6) conducting periodic audits of selected school districts to determine compliance new text end 20.11 new text begin with federal law and state statute concerning: (i) school bus driver requirements and new text end 20.12 new text begin driver employee background and license checks, including controlled substance and new text end 20.13 new text begin alcohol testing requirements; and (ii) duty to report violations to the commissioner of new text end 20.14 new text begin public safety. Audit results must be documented and retained by the Office of Pupil new text end 20.15 new text begin Transportation Safety, and any statutory violations documented in the audit must be new text end 20.16 new text begin reported to the commissioners of public safety and education new text end . 20.17     new text begin Subd. 4. new text end new text begin Staff. new text end new text begin In addition to the pupil transportation safety director, who must be a new text end 20.18 new text begin state trooper, the Office of Pupil Transportation Safety must be staffed by a minimum of: new text end 20.19     new text begin (1) three state troopers, each of whom must be assigned to the metropolitan area, new text end 20.20 new text begin northern Minnesota, or southern Minnesota; and new text end 20.21     new text begin (2) 15 school bus vehicle inspectors, one of whom must be designated chief new text end 20.22 new text begin inspector. The school bus vehicle inspectors shall perform annual and spot inspections new text end 20.23 new text begin of school buses and Head Start buses as required by law. new text end 20.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 20.25    Sec. 37. Minnesota Statutes 2006, section 169.446, subdivision 2, is amended to read: 20.26    Subd. 2. Driver training programs. The commissioner of public safety shall 20.27adopt rules requiring new text begin a minimum of 30 minutes of new text end thorough instruction concerning 20.28section 169.444 for persons enrolled in driver training programs offered at new text begin public, new text end private 20.29and parochial schools new text begin , new text end and commercial driver training schools. The instruction must 20.30encompass at least the responsibilities of drivers, the content and requirements of section 20.31169.444 , and the penalties for violating that section. 20.32    Sec. 38. new text begin [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE. new text end 20.33     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For purposes of this section, "electronic message" new text end 20.34 new text begin means a self-contained piece of digital communication that is designed or intended to new text end 21.1 new text begin be transmitted between physical devices. An electronic message includes, but is not new text end 21.2 new text begin limited to, e-mail, a text message, an instant message, a command or request to access new text end 21.3 new text begin a World Wide Web page, or other data that uses a commonly recognized electronic new text end 21.4 new text begin communications protocol. An electronic message does not include voice or other data new text end 21.5 new text begin transmitted as a result of making a phone call, or data transmitted automatically by a new text end 21.6 new text begin wireless communications device without direct initiation by a person. new text end 21.7     new text begin Subd. 2. new text end new text begin Prohibition on use. new text end new text begin No person may operate a motor vehicle while using a new text end 21.8 new text begin wireless communications device to compose, read, or send an electronic message, when new text end 21.9 new text begin the vehicle is in motion or a part of traffic. new text end 21.10     new text begin Subd. 3. new text end new text begin Exceptions. new text end new text begin This section does not apply if a wireless communications new text end 21.11 new text begin device is used: new text end 21.12     new text begin (1) solely in a voice-activated or other hands-free mode; new text end 21.13     new text begin (2) for making a cellular phone call; new text end 21.14     new text begin (3) for obtaining emergency assistance to (i) report a traffic accident, medical new text end 21.15 new text begin emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed; new text end 21.16     new text begin (4) in the reasonable belief that a person's life or safety is in immediate danger; or new text end 21.17     new text begin (5) in an authorized emergency vehicle while in the performance of official duties. new text end 21.18    Sec. 39. Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read: 21.19    Subd. 3. Trailer, semitrailer. (a) No trailer or semitrailer with a gross new text begin vehicle new text end 21.20weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the 21.21towing vehicle, may be drawn on a highway unless it is equipped with brakes that are 21.22adequate to control the movement of and to stop and hold the trailer or semitrailer. A 21.23surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes 21.24adequate to stop and hold the trailer or semitrailer. 21.25    (b) No trailer or semitrailer that is required to have brakes and that has new text begin with new text end a gross 21.26 new text begin vehicle new text end weight of more than 6,000 new text begin 3,000 new text end pounds may be drawn on a highway unless it is 21.27equipped with brakes that are so constructed that they are adequate to stop and hold the 21.28trailer or semitrailer whenever it becomes detached from the towing vehicle. 21.29    (c) Except as provided in paragraph (d), paragraph (a) does not apply to: 21.30    (1) a trailer used by a farmer while transporting farm products produced on the user's 21.31farm, or supplies back to the farm of the trailer's user; 21.32    (2) a towed custom service vehicle drawn by a motor vehicle that is equipped with 21.33brakes that meet the standards of subdivision 5, provided that such a towed custom service 21.34vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more 21.35than 45 miles per hour; 22.1    (3) a trailer or semitrailer operated or used by retail dealers of implements of 22.2husbandry while engaged exclusively in the delivery of implements of husbandry; 22.3    (4) new text begin (2) new text end a motor vehicle drawn by another motor vehicle that is equipped with brakes 22.4that meet the standards of subdivision 5; new text begin and new text end 22.5    (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor 22.6of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous 22.7fertilizer under pressure; 22.8    (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of 22.9dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and 22.10    (7) new text begin (3) new text end a disabled vehicle while being towed to a place of repair. 22.11    (d) Vehicles described in paragraph (c), clauses (1), (3), and (4) new text begin clause (2) new text end , may be 22.12operated without complying with paragraph (a) only if the trailer or semitrailer does 22.13not exceed the following gross weights: 22.14    (1) 3,000 pounds while being drawn by a vehicle registered as a passenger 22.15automobile, other than a pickup truck as defined in section 168.011, subdivision 29; 22.16    (2) 12,000 pounds while being drawn by any other motor vehicle except a 22.17self-propelled implement of husbandry. 22.18    Sec. 40. Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read: 22.19    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783: 22.20    (a) "Commercial motor vehicle" means: 22.21    (1) a commercial motor vehicle as defined in section 169.01, subdivision 75, 22.22paragraph (a); and 22.23    (2) each vehicle in a combination of more than 26,000 pounds. new text begin ; and new text end 22.24     new text begin (3) a spotter truck. new text end 22.25"Commercial motor vehicle" does not include (1) a school bus or Head Start bus 22.26displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan 22.27Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle 22.28that is required to be placarded under Code of Federal Regulations, title 49, parts 100-185. 22.29    (b) "Commissioner" means the commissioner of public safety. 22.30    (c) "Owner" means a person who owns, or has control, under a lease of more than 30 22.31days' duration, of one or more commercial motor vehicles. 22.32    (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store 22.33property at a location not on a street or highway, (2) does not contain any load when 22.34moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked 22.35on each side of the semitrailer "storage only" in letters at least six inches high. 23.1    (e) "Building mover vehicle" means a vehicle owned or leased by a building mover 23.2as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for 23.3moving buildings. 23.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 23.5 new text begin and expires June 30, 2013. new text end 23.6    Sec. 41. Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read: 23.7    Subd. 2. Inspection required. It is unlawful for a person to operate or permit 23.8the operation of: 23.9    (1) a commercial motor vehicle registered in Minnesota new text begin or a spotter truck new text end ; or 23.10    (2) special mobile equipment as defined in section 168.011, subdivision 22, and 23.11which is self-propelled, if it is mounted on a commercial motor vehicle chassis, 23.12unless the vehicle displays a valid safety inspection decal issued by an inspector certified 23.13by the commissioner, or the vehicle carries (1) proof that the vehicle complies with 23.14federal motor vehicle inspection requirements for vehicles in interstate commerce, and 23.15(2) a certificate of compliance with federal requirements issued by the commissioner 23.16under subdivision 9. 23.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 23.18 new text begin and expires on June 30, 2013. new text end 23.19    Sec. 42. Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read: 23.20    Subd. 5. Inspection decal new text begin ; violation, penalty new text end . (a) A person inspecting a 23.21commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected 23.22component of the vehicle complies with federal motor carrier safety regulations. The decal 23.23must state that in the month specified on the decal the vehicle was inspected and each 23.24inspected component complied with federal motor carrier safety regulations. The decal is 23.25valid for 12 months after the month specified on the decal. The commissioners of public 23.26safety and transportation shall make decals available, at a fee of not more than $2 for each 23.27decal, to persons certified to perform inspections under subdivision 3, paragraph (b). 23.28    (b) Minnesota inspection decals may be affixed only to: 23.29    (1) commercial motor vehicles bearing Minnesota-based license plates; or 23.30    (2) special mobile equipment, within the meaning of subdivision 2, clause (2). 23.31    (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less 23.32than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage 23.33semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle 23.34unless the vehicle has one or more defects that would result in the vehicle being declared 24.1out of service under the North American Uniform Driver, Vehicle, and Hazardous 24.2Materials Out-of-Service Criteria issued by the Federal Highway Administration and the 24.3Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1), 24.4(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle 24.5must clearly indicate that it is valid for two years from the date of issuance. 24.6    (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered 24.7as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, 24.8and (3) was manufactured before 1979 that has a dual transmission system, is not required 24.9to comply with a requirement in an inspection standard that requires that the service brake 24.10system and parking brake system be separate systems in the motor vehicle. 24.11     new text begin (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or new text end 24.12 new text begin forges a decal or other writing or thing purporting to be a Minnesota inspection decal new text end 24.13 new text begin described in this subdivision is guilty of a gross misdemeanor. A person who, with the new text end 24.14 new text begin intent to defraud, possesses a decal or other writing or thing falsely purporting to be a new text end 24.15 new text begin Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor. new text end 24.16    Sec. 43. Minnesota Statutes 2006, section 169.79, is amended to read: 24.17169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES. 24.18    Subdivision 1. Registration required. No person shall operate, drive, or park a 24.19motor vehicle on any highway unless the vehicle is registered in accordance with the laws 24.20of this state and has the number plates or permit confirming that valid registration or 24.21operating authority has been obtained, except as provided in sections 168.10 and 168.12, 24.22subdivision 2f , as assigned to it by the commissioner of public safety, conspicuously 24.23displayed thereon in a manner that the view of any plate or permit is not obstructed. A 24.24plate issued under section 168.27 or a permit issued under chapter 168 may be displayed 24.25on a vehicle in conjunction with expired registration whether or not it displays the license 24.26plate to which the last registration was issued. 24.27    Subd. 2. Semitrailer. If the vehicle is a semitrailer, the number plate displayed must 24.28be assigned to the registered owner and correlate to the certificate of title documentation 24.29on file with the department and shall not display a year indicator. 24.30    Subd. 3. Rear display of single plate. If the vehicle is a motorcycle, motor scooter, 24.31motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds 24.32gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one 24.33license plate must be displayed new text begin horizontally with the identifying numbers and letters new text end 25.1 new text begin facing outward from the vehicle and must be mounted in the upright position new text end on the 25.2rear of the vehicle. 25.3    Subd. 3a. Small trailer. If the vehicle is a trailer with 3,000 pounds or less GVW 25.4with lifetime registration, the numbered plate or sticker must be adhered to the side of the 25.5trailer frame tongue near the hitch. 25.6    Subd. 4. Collector's vehicle. If the vehicle is (1) a collector's vehicle with a pioneer, 25.7classic car, collector, or street rod license; (2) a vehicle that meets the requirements 25.8of a pioneer, classic, or street rod vehicle except that the vehicle is used for general 25.9transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered 25.10under section 168.10, subdivision 1c, and is used for general transportation purposes, new text begin then new text end 25.11one plate must be displayed on the rear of the vehicle, or one plate on the front and one 25.12on the rear, at the discretion of the owner. 25.13    Subd. 5. Truck-tractor, road-tractor, or farm truck. If the vehicle is a 25.14truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but 25.15excluding from that definition semitrailers and trailers, new text begin then new text end one plate must be displayed 25.16on the front of the vehicle. 25.17    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle 25.18other than those provided for in subdivisions 2 to 4, one plate must be displayed on the 25.19front and one on the rear of the vehicle. 25.20    Subd. 7. Plate fastened and visible. All plates must be new text begin (1) new text end securely fastened so as 25.21to prevent them from swinging new text begin , (2) displayed horizontally with the identifying numbers new text end 25.22 new text begin and letters facing outward from the vehicle, and (3) mounted in the upright position new text end . The 25.23person driving the motor vehicle shall keep the plate legible and unobstructed and free 25.24from grease, dust, or other blurring material so that the lettering is plainly visible at all 25.25times. It is unlawful to cover any assigned letters and numbers or the name of the state 25.26of origin of a license plate with any material whatever, including any clear or colorless 25.27material that affects the plate's visibility or reflectivity. 25.28    Subd. 8. Plate registration stickers. new text begin As viewed facing the plates: new text end 25.29     new text begin (a) new text end License plates issued to vehicles registered under section 168.017 must display 25.30the month of expiration in the lower left corner as viewed facing the new text begin of each new text end plate and the 25.31year of expiration in the lower right corner as viewed facing the new text begin of each new text end plate. 25.32     new text begin (b) new text end License plates issued to vehicles registered under section 168.127 must display 25.33either fleet registration validation stickers in the lower right corner as viewed facing the 25.34plates new text begin of each plate new text end or distinctive license plates, issued by the registrar, with "FLEET 25.35REG" displayed on the bottom center portion of the new text begin each new text end plate. 26.1     new text begin (c) new text end new text begin License plates issued after July 1, 2008, requiring validation must display the new text end 26.2 new text begin month of expiration in the lower left corner of each plate and the year of expiration in the new text end 26.3 new text begin lower right corner of the plate. new text end 26.4     new text begin Subd. 9. new text end new text begin Tax-exempt vehicle marking. new text end new text begin Vehicles displaying tax-exempt plates new text end 26.5 new text begin issued under section 16B.581 or 168.012 must have vehicle markings that comply with new text end 26.6 new text begin section 168.012, subdivision 1. new text end 26.7    Sec. 44. Minnesota Statutes 2006, section 169.801, is amended to read: 26.8169.801 IMPLEMENT OF HUSBANDRY. 26.9    Subdivision 1. Exemption from size, weight, load provisions. Except as provided 26.10in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern 26.11size, weight, and load do not apply to: 26.12    (1) a horse-drawn wagon while carrying a load of loose straw or hay; 26.13    (2) a specialized vehicle resembling a low-slung trailer having a short bed or 26.14platform, while transporting one or more implements of husbandry; or 26.15    (3) an implement of husbandry while being driven or towed at a speed of not 26.16more than 30 miles per hour; provided that this exemption applies to an implement of 26.17husbandry owned, leased, or under the control of a farmer or implement dealer only 26.18while the implement of husbandry is being operated on noninterstate roads or highways 26.19within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated 26.20by the farmer or implement dealer and (ii) on which the farmer or implement dealer 26.21regularly uses or sells or leases the implement of husbandry new text begin while operated in compliance new text end 26.22 new text begin with this section new text end . 26.23    Subd. 2. Weight per inch of tire width new text begin restrictions new text end . new text begin (a) new text end An implement of 26.24husbandry that is not self-propelled and is equipped with pneumatic tires may not be 26.25operated on a public highway with a maximum wheel load that exceeds 600 pounds 26.26per inch of tire width before August 1, 1996, and 500 pounds per inch of tire width on 26.27and after August 1, 1996 new text begin . new text end 26.28     new text begin (b) After December 31, 2009, a person operating or towing an implement of new text end 26.29 new text begin husbandry on a bridge must comply with the gross weight limitations provided in section new text end 26.30 new text begin 169.824 new text end . 26.31    Subd. 3. Hitches. A towed implement of husbandry must be equipped with (1) 26.32safety chains that meet the requirements of section 169.82, subdivision 3, paragraph 26.33(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of 27.1public safety; or (3) a hitch pin or other hitching device with a retainer that prevents 27.2accidental unhitching. 27.3     new text begin Subd. 4. new text end new text begin Bridge posting. new text end new text begin Despite subdivision 2, a person operating or towing new text end 27.4 new text begin an implement of husbandry must comply with a sign that limits the maximum weight new text end 27.5 new text begin allowed on a bridge. new text end 27.6     new text begin Subd. 5. new text end new text begin Height and width. new text end new text begin A person operating, towing, or transporting an new text end 27.7 new text begin implement of husbandry that is higher than 13 feet six inches or wider than allowed under new text end 27.8 new text begin section 169.80, subdivision 2, must ensure that the operation or transportation does not new text end 27.9 new text begin damage a highway structure, utility line or structure, or other fixture adjacent to or over new text end 27.10 new text begin a public highway. new text end 27.11     new text begin Subd. 6. new text end new text begin Speed. new text end new text begin No person may operate or tow an implement of husbandry at new text end 27.12 new text begin a speed of more than 30 miles per hour. new text end 27.13     new text begin Subd. 7. new text end new text begin Driving rules. new text end new text begin (a) An implement of husbandry may not be operated or new text end 27.14 new text begin towed on an interstate highway. new text end 27.15     new text begin (b) An implement of husbandry may be operated or towed to the left of the center new text end 27.16 new text begin of a roadway only if it is escorted at the front by a vehicle displaying hazard warning new text end 27.17 new text begin lights visible in normal sunlight and the operation does not extend into the left half of the new text end 27.18 new text begin roadway more than is necessary. new text end 27.19     new text begin Subd. 8. new text end new text begin Lights. new text end new text begin An implement of husbandry must be equipped with lights that new text end 27.20 new text begin comply with section 169.55, subdivisions 2 and 3. new text end 27.21     new text begin Subd. 9. new text end new text begin Slow moving vehicle emblem. new text end new text begin An implement of husbandry must comply new text end 27.22 new text begin with section 169.522. new text end 27.23     new text begin Subd. 10. new text end new text begin Brakes. new text end new text begin Notwithstanding section 169.67: new text end 27.24     new text begin (a) A self-propelled implement of husbandry must be equipped with brakes adequate new text end 27.25 new text begin to control its movement and to stop and hold it and any vehicle it is towing. new text end 27.26     new text begin (b) A towed implement of husbandry must be equipped with brakes adequate to new text end 27.27 new text begin control its movement and to stop and hold it if: new text end 27.28     new text begin (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured new text end 27.29 new text begin and sold after January 1, 1994; new text end 27.30     new text begin (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a new text end 27.31 new text begin vehicle other than a self-propelled implement of husbandry; or new text end 27.32     new text begin (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a new text end 27.33 new text begin registered passenger automobile other than a pickup truck as defined in section 168.011, new text end 27.34 new text begin subdivision 29. new text end 28.1     new text begin (c) If a towed implement of husbandry with a gross vehicle weight of more than new text end 28.2 new text begin 6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes new text end 28.3 new text begin adequate to stop and hold it if it becomes detached from the towing vehicle. new text end 28.4    Sec. 45. new text begin INFRASTRUCTURE ADAPTATIONS. new text end 28.5     new text begin The commissioner of transportation shall investigate and recommend opportunities new text end 28.6 new text begin for infrastructure adaptations to accommodate the implementation of manure application new text end 28.7 new text begin technologies that lessen impacts on roads and bridges. new text end 28.8    Sec. 46. Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read: 28.9    Subd. 3. Hitch, chain, or cable. (a) Every trailer or semitrailer must be hitched to 28.10the towing motor vehicle by a device approved by the commissioner of public safety. 28.11    (b) Every trailer and semitrailer must be equipped with safety chains or cables 28.12permanently attached to the trailer except in cases where the coupling device is a 28.13regulation fifth wheel and kingpin assembly approved by the commissioner of public 28.14safety. In towing, the chains or cables must be attached to the vehicles near the points of 28.15bumper attachments to the chassis of each vehicle, and must be of sufficient strength to 28.16control the trailer in the event of failure of the towing device. The length of chain or cable 28.17must be no more than necessary to permit free turning of the vehicles. A minimum fine 28.18of $25 must be imposed for a violation of this paragraph. 28.19    (c) This subdivision does not apply to towed implements of husbandry. 28.20    (d) No person may be charged with a violation of this section solely by reason of 28.21violating a maximum speed prescribed in section or 169.67 new text begin or 169.801 new text end . 28.22    Sec. 47. Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read: 28.23    Subd. 1a. Harvest season increase amount. The limitations provided in sections 28.24169.822 to 169.829 are increased by ten percent from the beginning of harvest to 28.25November 30 each year for the movement of sugar beets, carrots, and potatoes from the 28.26field of harvest to the point of the first unloading. Transfer of the product from a farm 28.27vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not 28.28considered to be the first unloading. new text begin A permit issued under section 169.86, subdivision 1, new text end 28.29 new text begin paragraph (a), is required. new text end The commissioner shall not issue permits under this subdivision 28.30if to do so will result in a loss of federal highway funding to the state. 28.31    Sec. 48. Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read: 29.1    Subdivision 1. Driver to stop for weighing. (a) The driver of a vehicle that has 29.2been lawfully stopped may be required by an officer to submit the vehicle and load to a 29.3weighing by means of portable or stationary scales. 29.4    (b) In addition, the officer may require that the vehicle be driven to the nearest 29.5available scales, but only if: 29.6    (1) the distance to the scales is no further than five miles, or if the distance from the 29.7point where the vehicle is stopped to the vehicle's destination is not increased by more 29.8than ten miles as a result of proceeding to the nearest available scales; and 29.9    (2) if the vehicle is a commercial motor vehicle, no more than two other commercial 29.10motor vehicles are waiting to be inspected at the scale. 29.11    (c) Official traffic control devices as authorized by section 169.06 may be used to 29.12direct the driver to the nearest scale. 29.13    (d) When a truck weight enforcement operation is conducted by means of portable or 29.14stationary scales, signs giving notice of the operation must be posted within the highway 29.15right-of-way and adjacent to the roadway within two miles of the operation. The driver of 29.16a truck or combination of vehicles registered for or weighing in excess of 12,000 new text begin with a new text end 29.17 new text begin gross vehicle weight exceeding 10,000 new text end pounds shall proceed to the scale site and submit 29.18the vehicle to weighing and inspection. 29.19    Sec. 49. Minnesota Statutes 2006, section 169.86, subdivision 8, as added by Laws 29.202008, chapter 287, article 1, section 58, is amended to read: 29.21    Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or 29.22damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length 29.23and weight limitations of this chapter, subject to a $300 annual permit fee and other 29.24conditions the commissioner may prescribe. new text begin The commissioner may issue permits to an new text end 29.25 new text begin applicant who pays a single $300 annual fee to cover all tow trucks and towing vehicles new text end 29.26 new text begin owned by the applicant and meets any other conditions prescribed by the commissioner. new text end 29.27 new text begin The permit authorizes the tow truck or towing vehicle, when towing a disabled or damaged new text end 29.28 new text begin vehicle to a place of repair or to a place of safekeeping, to exceed the length and weight new text end 29.29 new text begin limitations of this chapter. new text end 29.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 29.31    Sec. 50. new text begin [169.865] SPECIAL CANOLA HAULING VEHICLE PERMITS. new text end 29.32     new text begin Subdivision 1. new text end new text begin Special three-unit vehicle permit. new text end new text begin The commissioner may issue a new text end 29.33 new text begin permit for a vehicle that meets the following requirements: new text end 30.1     new text begin (1) is a combination of vehicles, including a truck-tractor and a semitrailer new text end 30.2 new text begin drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle new text end 30.3 new text begin combination has an overall length in excess of 28-1/2 feet; new text end 30.4     new text begin (2) has a maximum gross vehicle weight of 105,500 pounds; new text end 30.5     new text begin (3) complies with the axle weight limits in section 169.824, or with the federal new text end 30.6 new text begin bridge formula for axle groups not described in that section; new text end 30.7     new text begin (4) complies with the tire weight limits in section 169.823, or the tire manufacturers' new text end 30.8 new text begin recommended load, whichever is less; new text end 30.9     new text begin (5) is operated only in this state on marked Trunk Highway 175 from Hallock to the new text end 30.10 new text begin North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked new text end 30.11 new text begin Trunk Highway 11 from Donaldson to the North Dakota border; and new text end 30.12     new text begin (6) the seasonal weight increases authorized under section 169.826, subdivision 1, new text end 30.13 new text begin do not apply. new text end 30.14     new text begin Subd. 2. new text end new text begin Restrictions. new text end new text begin Vehicles issued permits under subdivision 1 must comply new text end 30.15 new text begin with the following restrictions: new text end 30.16     new text begin (1) the vehicle must be operated in compliance with seasonal load restrictions under new text end 30.17 new text begin section 169.87; new text end 30.18     new text begin (2) the vehicle may not be operated on the interstate highway system or national new text end 30.19 new text begin network highways; and new text end 30.20     new text begin (3) the vehicle may be operated on streets or highways under the control of local new text end 30.21 new text begin authorities only upon the approval of the local authority; however, vehicles may have new text end 30.22 new text begin reasonable access to terminals and facilities for food, fuel, repairs, and rest, and for new text end 30.23 new text begin continuity of route within one mile of the national network as provided by section 169.81, new text end 30.24 new text begin subdivision 3, and by the Code of Federal Regulations, title 23, part 658.19. new text end 30.25     new text begin Subd. 3. new text end new text begin Permit fee; appropriation. new text end new text begin Vehicle permits issued under subdivision new text end 30.26 new text begin 1 must be annual permits. The fee is $850 for each vehicle and must be deposited new text end 30.27 new text begin in the trunk highway fund. An amount sufficient to administer the permit program new text end 30.28 new text begin is appropriated from the trunk highway fund to the commissioner for the costs of new text end 30.29 new text begin administering the permit program. new text end 30.30    Sec. 51. Minnesota Statutes 2006, section 169.99, is amended by adding a subdivision 30.31to read: 30.32     new text begin Subd. 1c. new text end new text begin Notice of surcharge. new text end new text begin All parts of the uniform traffic ticket must give new text end 30.33 new text begin conspicuous notice of the fact that, if convicted, the person to whom it was issued must new text end 30.34 new text begin pay a state imposed surcharge under section 357.021, subdivision 6, and the current new text end 30.35 new text begin amount of the required surcharge. new text end 31.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. However, law new text end 31.2 new text begin enforcement agencies may continue to issue nonconforming tickets until the supply of new text end 31.3 new text begin those tickets has been exhausted. new text end 31.4    Sec. 52. Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read: 31.5    Subd. 35. Hazardous materials. "Hazardous materials" means those materials 31.6found to be hazardous for the purposes of the federal Hazardous Materials Transportation 31.7Act and that require the motor vehicle new text begin any material that has been designated as hazardous new text end 31.8 new text begin under United States Code, title 49, section 5103, and is required new text end to be placarded under 31.9Code of Federal Regulations, title 49, parts 100-185 new text begin part 172, subpart F, or any quantity of new text end 31.10 new text begin a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73 new text end . 31.11    Sec. 53. Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read: 31.12    Subd. 46. School bus. "School bus" means a motor vehicle used to transport pupils 31.13to or from a school defined in section , or to or from school-related activities, 31.14by the school or a school district or by someone under an agreement with the school or a 31.15school district. A school bus does not include a motor vehicle transporting children to or 31.16from school for which parents or guardians receive direct compensation from a school 31.17district, a motor coach operating under charter carrier authority, a transit bus providing 31.18services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as 31.19a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle 31.20is properly registered and insured and being driven by an employee or agent of a school 31.21district for nonscheduled transportation. new text begin has the meaning given in section 169.01, new text end 31.22 new text begin subdivision 6. new text end 31.23    Sec. 54. Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is 31.24amended to read: 31.25    Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers' 31.26licenses are classified according to the types of vehicles that may be driven by the holder 31.27of each type or class of license. The commissioner may, as appropriate, subdivide the 31.28classes listed in this subdivision and issue licenses classified accordingly. 31.29    (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no 31.30class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer 31.31or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless 31.32so endorsed. There are four general classes of licenses as described in paragraphs (c) 31.33through (f). 32.1    (c) Class D drivers' licenses are valid for: 32.2    (1) operating all farm trucks if the farm truck is: 32.3    (i) controlled and operated by a farmer, including operation by an immediate family 32.4member or an employee of the farmer; 32.5    (ii) used to transport agricultural products, farm machinery, or farm supplies, 32.6including hazardous materials, to or from a farm; 32.7    (iii) not used in the operations of a common or contract motor carrier as governed by 32.8Code of Federal Regulations, title 49, part 365; and 32.9    (iv) used within 150 miles of the farm; 32.10    (2) notwithstanding paragraph (b), operating an authorized emergency vehicle, 32.11as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds 32.12gross vehicle weight; 32.13    (3) operating a recreational vehicle as defined in section 168.011, subdivision 25, 32.14that is operated for personal use; 32.15    (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of 32.16more than 26,000 pounds, vehicles designed to carry more than 15 passengers including 32.17the driver, and vehicles that carry hazardous materials; 32.18    (5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional 32.19school activity bus without a school bus endorsement if: 32.20    (i) the bus has a gross vehicle weight of 10,000 pounds or less; 32.21    (ii) the bus is designed to transport 15 or fewer passengers, including the driver; and 32.22    (iii) the requirements of subdivision 2a are satisfied, as determined by the 32.23commissioner; 32.24    (6) operating any vehicle or combination of vehicles when operated by a licensed 32.25peace officer while on duty; and 32.26    (7) towing vehicles if: 32.27    (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or 32.28    (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and 32.29the combination of vehicles has a gross vehicle weight of 26,000 pounds or less. 32.30    (d) Class C drivers' licenses are valid for: 32.31    (1) operating class D motor vehicles; 32.32    (2) with a hazardous materials endorsement, transporting hazardous materials in 32.33 new text begin operating new text end class D vehicles new text begin to transport hazardous materials new text end ; and 32.34     new text begin (3) with a passenger endorsement, operating buses; and new text end 32.35    (3) new text begin (4) new text end with a new text begin passenger endorsement and new text end school bus endorsement, operating school 32.36buses designed to transport 15 or fewer passengers, including the driver. 33.1    (e) Class B drivers' licenses are valid for: 33.2    (1) operating all class C motor vehicles, class D motor vehicles, and all other 33.3single-unit motor vehicles including, with a passenger endorsement, buses; and 33.4    (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less. 33.5    (f) Class A drivers' licenses are valid for operating any vehicle or combination of 33.6vehicles. 33.7    Sec. 55. Minnesota Statutes 2006, section 171.03, is amended to read: 33.8171.03 PERSONS EXEMPT. 33.9    The following persons are exempt from license hereunder: 33.10    (a) A person in the employ or service of the United States federal government is 33.11exempt while driving or operating a motor vehicle owned by or leased to the United 33.12States federal government. 33.13    (b) A person in the employ or service of the United States federal government is 33.14exempt from the requirement to possess a valid class A, class B, or class C commercial 33.15driver's license while driving or operating for military purposes a commercial motor 33.16vehicle owned by or leased to new text begin for new text end the United States federal government if the person is: 33.17    (1) on active duty in the U. S. Coast Guard; 33.18    (2) on active duty in a branch of the U. S. Armed Forces, which includes the Army, 33.19Air Force, Navy, and Marine Corps; 33.20    (3) a member of a reserve component of the U. S. Armed Forces; or 33.21    (4) on active duty in the Army National Guard or Air National Guard, which 33.22includes (i) a member on full-time National Guard duty, (ii) a member undergoing 33.23part-time National Guard training, and (iii) a National Guard military technician, who is a 33.24civilian required to wear a military uniform. 33.25The exemption provided under this paragraph does not apply to a U. S. Armed Forces 33.26Reserve technician. 33.27    (c) Any person while driving or operating any farm tractor or implement of 33.28husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain 33.29vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined 33.30in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, 33.31subdivision 7 , are not implements of husbandry. 33.32    (d) A nonresident who is at least 15 years of age and who has in immediate 33.33possession a valid driver's license issued to the nonresident in the home state or country 33.34may operate a motor vehicle in this state only as a driver. 34.1    (e) A nonresident who has in immediate possession a valid commercial driver's 34.2license issued by a state or jurisdiction in accordance with the standards of Code of 34.3Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of 34.4commercial motor vehicle authorized by the issuing state or jurisdiction is exempt. 34.5    (f) Any nonresident who is at least 18 years of age, whose home state or country does 34.6not require the licensing of drivers may operate a motor vehicle as a driver, but only for a 34.7period of not more than 90 days in any calendar year, if the motor vehicle so operated is 34.8duly registered for the current calendar year in the home state or country of the nonresident. 34.9    (g) Any person who becomes a resident of the state of Minnesota and who has in 34.10possession a valid driver's license issued to the person under and pursuant to the laws of 34.11some other state or jurisdiction or by military authorities of the United States may operate 34.12a motor vehicle as a driver, but only for a period of not more than 60 days after becoming 34.13a resident of this state, without being required to have a Minnesota driver's license as 34.14provided in this chapter. 34.15    (h) Any person who becomes a resident of the state of Minnesota and who has in 34.16possession a valid commercial driver's license issued by another state or jurisdiction in 34.17accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt 34.18for not more than 30 days after becoming a resident of this state. 34.19    (i) Any person operating a snowmobile, as defined in section 84.81, is exempt. 34.20    Sec. 56. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read: 34.21    Subd. 2. Use of provisional license. (a) A provisional license holder may operate a 34.22motor vehicle only when every occupant under the age of 18 has a seat belt or child 34.23passenger restraint system properly fastened. A person who violates this paragraph is 34.24subject to a fine of $25. A peace officer may not issue a citation for a violation of this 34.25paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle 34.26for a moving violation as defined in section 171.04. The commissioner shall not record a 34.27violation of this paragraph on a person's driving record. 34.28    (b) A provisional license holder may not operate a vehicle while communicating 34.29over, or otherwise operating, a cellular or wireless telephone, whether handheld or 34.30hands free, when the vehicle is in motion. The provisional license holder may assert 34.31as an affirmative defense that the violation was made for the sole purpose of obtaining 34.32emergency assistance to prevent a crime about to be committed, or in the reasonable 34.33belief that a person's life or safety was in danger. Violation of this paragraph is a petty 34.34misdemeanor subject to section 169.89, subdivision 2. 35.1    (c) If the holder of a provisional license during the period of provisional licensing 35.2incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 35.3169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more 35.4than one conviction for a moving violation that is not crash related, the person may not be 35.5issued a driver's license until 12 consecutive months have expired since the date of the 35.6conviction or until the person reaches the age of 18 years, whichever occurs first. 35.7     new text begin (d) For the first six months of provisional licensure, a provisional license holder may new text end 35.8 new text begin not operate a motor vehicle carrying more than one passenger under the age of 20 years new text end 35.9 new text begin who is not a member of the holder's immediate family. For the second six months, the new text end 35.10 new text begin holder of the license may not operate a motor vehicle that is carrying more than three new text end 35.11 new text begin passengers who are under the age of 20 years and who are not members of the holder's new text end 35.12 new text begin immediate family. This paragraph does not apply if the provisional license holder is new text end 35.13 new text begin accompanied by a parent or guardian. new text end 35.14     new text begin (e) For the first six months of provisional licensure, a provisional license holder new text end 35.15 new text begin may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when new text end 35.16 new text begin the license holder is: new text end 35.17     new text begin (1) driving between the license holder's home and place of employment; new text end 35.18     new text begin (2) driving between the license holder's home and a school event for which the new text end 35.19 new text begin school has not provided transportation; new text end 35.20     new text begin (3) driving for employment purposes; or new text end 35.21     new text begin (4) accompanied by a licensed driver at least 25 years of age. new text end 35.22    Sec. 57. Minnesota Statutes 2006, section 171.0701, is amended to read: 35.23171.0701 DRIVER EDUCATION; ORGAN AND TISSUE DONATION new text begin new text end 35.24 new text begin CONTENT new text end . 35.25     new text begin (a) new text end The commissioner shall adopt rules requiring a minimum of 30 minutes of 35.26instruction, beginning January 1, 2007, relating to organ and tissue donations and the 35.27provisions of section 171.07, subdivision 5, for persons enrolled in driver education 35.28programs offered at public schools, private schools, and commercial driver training 35.29schools. 35.30     new text begin (b) The commissioner shall adopt rules for persons enrolled in driver education new text end 35.31 new text begin programs offered at public schools, private schools, and commercial driver training new text end 35.32 new text begin schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on new text end 35.33 new text begin awareness and safe interaction with commercial motor vehicle traffic. The rules must new text end 35.34 new text begin require classroom instruction and behind-the-wheel training that includes, but is not new text end 36.1 new text begin limited to, truck stopping distances, proper distances for following trucks, identification of new text end 36.2 new text begin truck blind spots, and avoidance of driving in truck blind spots. new text end 36.3     new text begin (c) The rules adopted by the commissioner under paragraph (b) are exempt from new text end 36.4 new text begin the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except new text end 36.5 new text begin that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until new text end 36.6 new text begin repealed or superseded by other law or rule. new text end 36.7    Sec. 58. Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read: 36.8    Subdivision 1. Examination subjects and locations; provisions for color 36.9blindness, disabled veterans. Except as otherwise provided in this section, the 36.10commissioner shall examine each applicant for a driver's license by such agency as the 36.11commissioner directs. This examination must include a test of applicant's eyesight; ability 36.12to read and understand highway signs regulating, warning, and directing traffic; knowledge 36.13of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate 36.14a motor vehicle safely and legally, and of the legal penalties and financial consequences 36.15resulting from violations of laws prohibiting the operation of a motor vehicle while under 36.16the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge 36.17of slow-moving vehicle safety; new text begin knowledge of laws relating to pupil transportation safety, new text end 36.18 new text begin including the significance of school bus lights, signals, stop arm, and passing a school new text end 36.19 new text begin bus; new text end knowledge of traffic laws related to bicycles; an actual demonstration of ability to 36.20exercise ordinary and reasonable control in the operation of a motor vehicle; and other 36.21physical and mental examinations as the commissioner finds necessary to determine the 36.22applicant's fitness to operate a motor vehicle safely upon the highways, provided, further 36.23however, no driver's license shall be denied an applicant on the exclusive grounds that the 36.24applicant's eyesight is deficient in color perception. Provided, however, that war veterans 36.25operating motor vehicles especially equipped for disabled persons, shall, if otherwise 36.26entitled to a license, be granted such license. The commissioner shall make provision for 36.27giving these examinations either in the county where the applicant resides or at a place 36.28adjacent thereto reasonably convenient to the applicant. 36.29    Sec. 59. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision 36.30to read: 36.31     new text begin Subd. 1i. new text end new text begin Pupil transportation safety. new text end new text begin The commissioner shall include in each new text end 36.32 new text begin edition of the driver's manual a section relating to pupil transportation safety laws. new text end 37.1    Sec. 60. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision 37.2to read: 37.3     new text begin Subd. 1j. new text end new text begin Driver's manual; interaction with commercial motor vehicle. new text end new text begin The new text end 37.4 new text begin commissioner shall include in each edition of the driver's manual published by the new text end 37.5 new text begin department after August 1, 2008, a section that includes information on awareness and new text end 37.6 new text begin safe interaction with commercial motor vehicle traffic. new text end 37.7    Sec. 61. Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read: 37.8    Subd. 2. Implied consent revocation. The commissioner shall disqualify a person 37.9from operating commercial motor vehicles for a revocation under section 169A.52 or a 37.10statute or ordinance from another state or jurisdiction in conformity with it, in accordance 37.11with new text begin for a period that is equivalent in duration under new text end the driver disqualifications and 37.12penalties in Code of Federal Regulations, title 49, part 383, subpart D new text begin , that pertain to a new text end 37.13 new text begin conviction of being under the influence of alcohol or refusal to be tested new text end . 37.14    Sec. 62. new text begin [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY new text end 37.15 new text begin COMMERCIAL DRIVER. new text end 37.16     new text begin (a) Each person who operates a commercial motor vehicle, who has a commercial new text end 37.17 new text begin driver's license issued by this state, and who is convicted of a criminal offense; of a serious new text end 37.18 new text begin traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of new text end 37.19 new text begin violating any other state or local law relating to motor vehicle traffic control, other than a new text end 37.20 new text begin parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify new text end 37.21 new text begin the department's Division of Driver and Vehicle Services of the conviction. The person new text end 37.22 new text begin shall notify the division within 30 days after the date that the person was convicted. new text end 37.23     new text begin (b) Each person who operates a commercial motor vehicle, who has a commercial new text end 37.24 new text begin driver's license issued by this state, and who is convicted of violating, in any type of new text end 37.25 new text begin motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, new text end 37.26 new text begin other than a parking violation, shall notify the person's employer of the conviction. The new text end 37.27 new text begin person shall notify the person's employer within 30 days after the date that the person was new text end 37.28 new text begin convicted. If the person is not currently employed, the person shall notify the division new text end 37.29 new text begin according to paragraph (a). new text end 37.30     new text begin (c) Notification to the division must be made in writing and contain the following new text end 37.31 new text begin information: new text end 37.32     new text begin (1) the driver's full name; new text end 37.33     new text begin (2) the driver's license number; new text end 37.34     new text begin (3) the date of conviction; new text end 38.1     new text begin (4) the specific criminal or other offense; serious traffic violation, as defined in Code new text end 38.2 new text begin of Federal Regulations, title 49, section 383.5; and any other violation of state or local new text end 38.3 new text begin law relating to motor vehicle traffic control, for which the person was convicted and new text end 38.4 new text begin any suspension, revocation, or cancellation of certain driving privileges that resulted new text end 38.5 new text begin from the conviction; new text end 38.6     new text begin (5) an indication whether the violation was in a commercial motor vehicle; new text end 38.7     new text begin (6) the location of the offense; and new text end 38.8     new text begin (7) the driver's signature. new text end 38.9    Sec. 63. new text begin [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF new text end 38.10 new text begin COMMERCIAL DRIVER. new text end 38.11     new text begin Each employee, as defined in Code of Federal Regulations, title 49, section 383.5, new text end 38.12 new text begin who has a Minnesota-issued driver's license suspended, revoked, or canceled by this new text end 38.13 new text begin state or another state or jurisdiction, who loses the right to operate a commercial motor new text end 38.14 new text begin vehicle in this state or another state or jurisdiction for any period, or who is disqualified new text end 38.15 new text begin from operating a commercial motor vehicle for any period, shall notify the person's new text end 38.16 new text begin employer of the suspension, revocation, cancellation, lost privilege, or disqualification. new text end 38.17 new text begin The employee shall notify the employer before the end of the business day following new text end 38.18 new text begin the day the employee received notice of the suspension, revocation, cancellation, lost new text end 38.19 new text begin privilege, or disqualification. new text end 38.20    Sec. 64. Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read: 38.21    Subdivision 1. Endorsement. No person shall drive a school bus when transporting 38.22school children to or from school or upon a school-related trip or activity without having a 38.23valid class A, class B, or class C driver's license with a school bus endorsement except 38.24that a person possessing a valid driver's license but not a school bus endorsement may 38.25drive a vehicle with a seating capacity of ten or less persons used as a school bus but not 38.26outwardly equipped or identified as a school bus new text begin type III vehicle new text end . 38.27    Sec. 65. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read: 38.28    Subdivision 1. Statewide transportation plan; priorities; schedule of 38.29expenditures. In order to best meet the present and future transportation needs of 38.30the public, to insure a strong state economy, to make most efficient use of public and 38.31private funds, and to promote the more efficient use of energy and other resources for 38.32transportation purposes, the commissioner shall: 39.1    (1) three months after notification that the department is ready to commence 39.2operations and prior to the drafting of the statewide transportation plan, hold public 39.3hearings as may be appropriate solely for the purpose of receiving suggestions for future 39.4transportation alternatives and priorities for the state. The Metropolitan Council, regional 39.5development commissions, and port authorities shall appear at the hearings and submit 39.6information concerning transportation-related planning undertaken and accomplished by 39.7these agencies. Other political subdivisions may appear and submit such information at 39.8the hearings. These hearings shall be completed no later than six months from the date of 39.9the commissioner's notification; 39.10    (2) develop, adopt, revise, and monitor a statewide transportation plan, taking into 39.11account the suggestions and information submitted at the public hearings held pursuant 39.12to clause (1). The plan shall incorporate all modes of transportation and provide for the 39.13interconnection and coordination of different modes of transportation. The commissioner 39.14shall evaluate alternative transportation programs and facilities proposed for inclusion 39.15in the plan in terms of economic costs and benefits, safety aspects, impact on present 39.16and planned land uses, environmental effects, energy efficiency, national transportation 39.17policies and priorities, and availability of federal and other financial assistance; 39.18    (3) based upon the statewide transportation plan, develop statewide transportation 39.19priorities and schedule authorized public capital improvements and other authorized 39.20public transportation expenditures pursuant to the priorities new text begin . As permitted by the federal new text end 39.21 new text begin surface transportation program and subject to available funding, the commissioner shall new text end 39.22 new text begin give serious consideration to prioritizing for funding those trunk highway projects in new text end 39.23 new text begin the metropolitan area, as defined in section 473.121, subdivision 2, that are consistent new text end 39.24 new text begin with policies included in the Metropolitan Council's metropolitan development guide, new text end 39.25 new text begin transportation policy plan, and regional development framework, and that have been new text end 39.26 new text begin awarded funding through the federal surface transportation program. In responding to an new text end 39.27 new text begin unforeseen, catastrophic event affecting the state transportation system, the commissioner new text end 39.28 new text begin may, upon written notification to the chairs of the senate and house of representatives new text end 39.29 new text begin committees with jurisdiction over transportation policy and finance, prioritize projects new text end 39.30 new text begin without regard to availability of federal funding new text end ; new text begin and new text end 39.31    (4) complete the plan and priorities required by this subdivision no later than July 39.321, 1978. Upon completion of the plan and priorities, the commissioner shall prepare 39.33and periodically revise, as necessary, the schedule of authorized public transportation 39.34expenditures. The plan, priorities, and schedule are exempt from the provisions of the 39.35Administrative Procedure Act. 39.36 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2009. new text end 40.1    Sec. 66. Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision 40.2to read: 40.3     new text begin Subd. 1b. new text end new text begin Statewide freight and passenger rail plan. new text end new text begin (a) The commissioner new text end 40.4 new text begin shall develop a comprehensive statewide freight and passenger rail plan to be included new text end 40.5 new text begin and revised as a part of the statewide transportation plan. new text end 40.6     new text begin (b) Before the initial version of the plan is adopted, the commissioner shall provide a new text end 40.7 new text begin copy for review and comment to the chairs and ranking minority members of the senate new text end 40.8 new text begin and house of representatives committees with jurisdiction over transportation policy and new text end 40.9 new text begin finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision new text end 40.10 new text begin of the statewide transportation plan, scheduled to be completed in calendar year 2009, new text end 40.11 new text begin prior to completion of the initial version of the comprehensive statewide freight and new text end 40.12 new text begin passenger rail plan. new text end 40.13    Sec. 67. Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision 40.14to read: 40.15     new text begin Subd. 1a. new text end new text begin Transit service needs implementation plan. new text end new text begin The commissioner shall new text end 40.16 new text begin develop a transit service needs implementation plan that contains a goal of meeting at new text end 40.17 new text begin least 80 percent of unmet transit service needs in greater Minnesota by July 1, 2015, new text end 40.18 new text begin and meeting at least 90 percent of unmet transit service needs in greater Minnesota by new text end 40.19 new text begin July 1, 2025. The plan must include, but is not limited to, the following: an analysis of new text end 40.20 new text begin ridership and transit service needs throughout greater Minnesota; a calculation of unmet new text end 40.21 new text begin needs; an assessment of the level and type of service required to meet unmet needs; an new text end 40.22 new text begin analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as new text end 40.23 new text begin specified in this subdivision. The plan must specifically address special transportation new text end 40.24 new text begin service ridership and needs. The commissioner may amend the plan as necessary, and new text end 40.25 new text begin may use all or part of the 2001 greater Minnesota public transportation plan created by the new text end 40.26 new text begin Minnesota Department of Transportation. new text end 40.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 40.28    Sec. 68. new text begin [174.247] ANNUAL TRANSIT REPORT. new text end 40.29     new text begin (a) By February 15 annually, the commissioner shall submit a report to the legislature new text end 40.30 new text begin on transit services outside the metropolitan area. The Metropolitan Council and any new text end 40.31 new text begin public transit system receiving assistance under section 174.24 shall provide assistance new text end 40.32 new text begin in creating the report, as requested by the commissioner. new text end 40.33     new text begin (b) The report must include, at a minimum, the following: new text end 40.34     new text begin (1) a descriptive overview of public transit in Minnesota; new text end 41.1     new text begin (2) a descriptive summary of funding sources and assistance programs; new text end 41.2     new text begin (3) a summary of each public transit system receiving assistance under section new text end 41.3 new text begin 174.24; new text end 41.4     new text begin (4) data that identifies use of volunteers in providing transit service; new text end 41.5     new text begin (5) financial data that identifies operating and capital costs, and funding sources, new text end 41.6 new text begin for each public transit system and for each transit system classification under section new text end 41.7 new text begin 174.24, subdivision 3b; and new text end 41.8     new text begin (6) in each odd-numbered year, beginning in 2009, a calculation of the amounts of new text end 41.9 new text begin surplus or insufficient funds available for (i) paying the state share of transit operating new text end 41.10 new text begin costs under section 174.24, subdivision 3b, and (ii) paying capital and operating costs to new text end 41.11 new text begin fully implement the transit service needs implementation plan under section 147.24, new text end 41.12 new text begin subdivision 1a. new text end 41.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2009. new text end 41.14    Sec. 69. new text begin [174.37] ADVISORY COMMITTEE ON NONMOTORIZED new text end 41.15 new text begin TRANSPORTATION. new text end 41.16     new text begin Subdivision 1. new text end new text begin Purpose. new text end new text begin (a) The commissioner of transportation shall establish new text end 41.17 new text begin an advisory committee on nonmotorized transportation. The committee shall make new text end 41.18 new text begin recommendations to the commissioner on items related to nonmotorized transportation, new text end 41.19 new text begin including safety, education, and development programs. The committee shall review and new text end 41.20 new text begin analyze issues and needs relating to operating nonmotorized transportation on public new text end 41.21 new text begin rights-of-way, and identify solutions and goals for addressing identified issues and needs. new text end 41.22     new text begin (b) For purposes of this section, "nonmotorized transportation" includes bicycling, new text end 41.23 new text begin pedestrian activities, and other forms of nonmotorized transportation. new text end 41.24     new text begin Subd. 2. new text end new text begin Members. new text end new text begin The advisory committee must consist of the following members: new text end 41.25     new text begin (a) The commissioner of transportation shall appoint up to 18 public members, as new text end 41.26 new text begin follows: one member from each of the department's seven greater Minnesota districts; new text end 41.27 new text begin four members from the department's metropolitan district; and no more than seven new text end 41.28 new text begin members at large. Each of the members at large must represent nonmotorized interests or new text end 41.29 new text begin organizations. new text end 41.30     new text begin (b) The commissioners of each of the following state agencies shall appoint new text end 41.31 new text begin an employee of the agency to serve as a member: administration, education, health, new text end 41.32 new text begin natural resources, public safety, transportation, and pollution control. The chair of the new text end 41.33 new text begin Metropolitan Council shall appoint an employee of the council to serve as a member. The new text end 41.34 new text begin director of Explore Minnesota Tourism shall appoint an employee of the agency to serve new text end 42.1 new text begin as a member. The division administrator of the Federal Highway Administration may new text end 42.2 new text begin appoint an employee of the agency to serve as a member. new text end 42.3     new text begin (c) Members of the committee shall serve four-year terms. new text end 42.4     new text begin Subd. 3. new text end new text begin Meetings. new text end new text begin The commissioner of transportation's designee shall convene the new text end 42.5 new text begin first meeting by January 15, 2009. The committee shall elect a chair from its membership, new text end 42.6 new text begin and shall establish a meeting schedule and meet at least annually. new text end 42.7     new text begin Subd. 4. new text end new text begin Reports. new text end new text begin The committee shall issue an annual report to the commissioner new text end 42.8 new text begin of transportation. new text end 42.9     new text begin Subd. 5. new text end new text begin Expenses. new text end new text begin Members of the advisory committee serve without new text end 42.10 new text begin compensation, but members who are not employees of government agencies must new text end 42.11 new text begin be reimbursed for expenses in the same manner and amount as authorized by the new text end 42.12 new text begin commissioner's plan adopted under section 43A.18, subdivision 2. The commissioner of new text end 42.13 new text begin transportation shall provide department staff support to the committee. new text end 42.14     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin Notwithstanding section 15.059, subdivision 5, the committee new text end 42.15 new text begin expires June 30, 2014. new text end 42.16    Sec. 70. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision 42.17to read: 42.18     new text begin Subd. 50. new text end new text begin Out-of-service order. new text end new text begin "Out-of-service order" has the meaning given it in new text end 42.19 new text begin Code of Federal Regulations, title 49, section 383.5. new text end 42.20    Sec. 71. Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read: 42.21    Subdivision 1. Powers, duties, reports, limitations. (a) This subdivision applies to 42.22motor carriers engaged in intrastate commerce. 42.23    (b) The commissioner shall prescribe rules for the operation of motor carriers, 42.24including their facilities; accounts; leasing of vehicles and drivers; service; safe operation 42.25of vehicles; equipment, parts, and accessories; hours of service of drivers; driver 42.26qualifications; accident reporting; identification of vehicles; installation of safety devices; 42.27inspection, repair, and maintenance; and proper automatic speed regulators if, in the 42.28opinion of the commissioner, there is a need for the rules. 42.29    (c) The commissioner shall direct the repair and reconstruction or replacement of 42.30an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require 42.31the construction and maintenance or furnishing of suitable and proper freight terminals, 42.32passenger depots, waiting rooms, and accommodations or shelters in a city in this state or 43.1at a point on the highway traversed which the commissioner, after investigation by the 43.2department, may deem just and proper for the protection of passengers or property. 43.3    (d) The commissioner shall require holders of household goods mover permits to file 43.4annual and other reports including annual accounts of motor carriers, schedules of rates 43.5and charges, or other data by motor carriers, regulate motor carriers in matters affecting 43.6the relationship between them and the traveling and shipping public, and prescribe other 43.7rules as may be necessary to carry out the provisions of this chapter. 43.8    (e) A motor carrier subject to paragraph (d) but having gross revenues from for-hire 43.9transportation in a calendar year of less than $200,000 may, at the discretion of the 43.10commissioner, be exempted from the filing of an annual report, if instead the motor carrier 43.11files an abbreviated annual report, in a form as may be prescribed by the commissioner, 43.12attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous 43.13calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes 43.14of this subdivision only, do not include gross revenues received from the operation of 43.15school buses as defined in section 169.01, subdivision 6. 43.16    (f) The commissioner shall enforce sections 169.781 to 169.783. 43.17    Sec. 72. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read: 43.18    Subdivision 1. Order. The commissioner may issue an order requiring violations 43.19to be corrected and administratively assessing monetary penalties for a violation of 43.20(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4) 43.21section 221.171; (5) section 221.141; new text begin (6) a federal, state, or local law, regulation, rule, new text end 43.22 new text begin or ordinance pertaining to railroad-highway grade crossings; new text end or (6) new text begin (7) new text end rules of the 43.23commissioner relating to the transportation of hazardous waste, motor carrier operations, 43.24insurance, or tariffs and accounting. An order must be issued as provided in this section. 43.25    Sec. 73. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read: 43.26    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an 43.27order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141; 43.28221.151 ; or 221.171, or rules of the commissioner relating to motor carrier operations, 43.29insurance, or tariffs and accounting, identified during a single inspection, audit, or 43.30investigation. 43.31    (b) The commissioner may issue an order assessing a penalty up to a maximum of 43.32$10,000 for all violations of section 221.033, subdivision 2b, identified during a single 43.33inspection or audit. 43.34    (c) In determining the amount of a penalty, the commissioner shall consider: 44.1    (1) the willfulness of the violation; 44.2    (2) the gravity of the violation, including damage to humans, animals, air, water, 44.3land, or other natural resources of the state; 44.4    (3) the history of past violations, including the similarity of the most recent violation 44.5and the violation to be penalized, the time elapsed since the last violation, the number of 44.6previous violations, and the response of the person to the most recent violation identified; 44.7    (4) the economic benefit gained by the person by allowing or committing the 44.8violation; and 44.9    (5) other factors as justice may require, if the commissioner specifically identifies 44.10the additional factors in the commissioner's order. 44.11    (d) The commissioner shall assess a penalty of not less than $1,000 against a driver 44.12who is convicted of a violation of an out-of-service order. The commissioner shall assess 44.13a penalty of not more than $10,000 against an employer who knowingly allows or requires 44.14an employee to operate a commercial motor vehicle in violation of an out-of-service order. new text begin new text end 44.15 new text begin in accordance with Code of Federal Regulations, title 49, section 383.53 against: new text end 44.16     new text begin (1) a driver who is convicted of a violation of an out-of-service order; new text end 44.17     new text begin (2) an employer who knowingly allows or requires an employee to operate a new text end 44.18 new text begin commercial motor vehicle in violation of an out-of-service order; or new text end 44.19     new text begin (3) an employer who knowingly allows or requires an employee to operate a new text end 44.20 new text begin commercial motor vehicle in violation of a federal, state, or local law or regulation new text end 44.21 new text begin pertaining to railroad-highway grade crossings. new text end 44.22    Sec. 74. Minnesota Statutes 2006, section 221.121, subdivision 1, is amended to read: 44.23    Subdivision 1. Petition; notice and hearing; scope. (a) A person desiring to operate 44.24as a permit carrier, except as provided in subdivision 5 or section 221.296, shall file a 44.25petition with the commissioner specifying the kind of permit desired, the name and address 44.26of the petitioner and the names and addresses of the officers, if a corporation, and other 44.27information as the commissioner may require. Letters of shipper support must be filed with 44.28the petition. No person shall knowingly make a false or misleading statement in a petition. 44.29    (b) The commissioner, after notice to interested parties and a hearing, shall issue the 44.30permit upon compliance with the laws and rules relating to it, if it finds that petitioner is 44.31fit and able to conduct the proposed operations, that petitioner's vehicles meet the safety 44.32standards established by the department, that the area to be served has a need for the 44.33transportation services requested in the petition, and that existing permit and certificated 44.34carriers in the area to be served have failed to demonstrate that they offer sufficient 44.35transportation services to meet fully and adequately those needs, provided that no person 45.1who holds a permit at the time sections 221.011 to 221.291 take effect may be denied 45.2a renewal of the permit upon compliance with other provisions of sections 221.011 to 45.3221.291 . 45.4    (c) A permit once granted continues in full force and effect until abandoned or unless 45.5suspended or revoked, subject to compliance by the permit holder with the applicable 45.6provisions of law and the rules of the commissioner governing permit carriers. 45.7    (d) No permit may be issued to a common carrier by rail permitting the common 45.8carrier to operate trucks for hire within this state, nor may a common carrier by rail be 45.9permitted to own, lease, operate, control, or have an interest in a permit carrier by truck, 45.10either by stock ownership or otherwise, directly, indirectly, through a holding company, 45.11or by stockholders or directors in common, or in any other manner. Nothing in sections 45.12221.011 to 221.291 prevents the commissioner from issuing a permit to a common carrier 45.13by rail authorizing the carrier to operate trucks wholly within the limits of a municipality or 45.14within adjacent or contiguous municipalities or a common rate point served by the railroad 45.15and only as a service supplementary to the rail service now established by the carriers. 45.16    Sec. 75. Minnesota Statutes 2006, section 221.121, subdivision 6a, is amended to read: 45.17    Subd. 6a. Household goods carrier. A person who desires to hold out or to operate 45.18as a carrier of household goods shall follow the procedure established in subdivision 1, 45.19and shall specifically request a household goods mover permit. The permit granted by 45.20the commissioner to a person who meets the criteria established in this subdivision and 45.21subdivision 1 shall authorize the person to hold out and to operate as a household goods 45.22mover. A person who provides or offers to provide household goods packing services 45.23and who makes any arrangement directly or indirectly by lease, rental, referral, or by 45.24other means to provide or to obtain drivers, vehicles, or transportation service for moving 45.25household goods, must have a household goods mover permit new text begin file an application with new text end 45.26 new text begin the commissioner on a form the commissioner prescribes. Notwithstanding this or any new text end 45.27 new text begin other section or rule to the contrary, the commissioner must not provide public notice new text end 45.28 new text begin or hearing when reviewing the application or before granting the requested operating new text end 45.29 new text begin authority. All permits granted to household goods carriers must allow statewide operation. new text end 45.30 new text begin Notwithstanding any geographical restrictions imposed upon a permit at the time it was new text end 45.31 new text begin granted or any section or rule to the contrary, the holder of a household goods permit may new text end 45.32 new text begin operate statewide new text end . 45.33    Sec. 76. Minnesota Statutes 2006, section 221.151, subdivision 1, is amended to read: 46.1    Subdivision 1. Petition. new text begin (a) new text end Permits, except livestock permits, issued under section 46.2221.121 may be assigned or transferred but only upon the order of the commissioner 46.3approving the transfer or assignment after notice and hearing. 46.4     new text begin (b) new text end The proposed seller and buyer or lessor and lessee of a permit, except for 46.5livestock carrier permits, shall file a joint notarized petition with the commissioner setting 46.6forth the name and address of the parties, the identifying number of the permit, and the 46.7description of the authority which the parties seek to sell or lease, a short statement of 46.8the reasons for the proposed sale or lease, a statement of outstanding claims of creditors 46.9which are directly attributable to the operation to be conducted under the permit, a copy of 46.10the contract of sale or lease, and a financial statement with a balance sheet and an income 46.11statement, if existent, of the buyer or lessee. If it appears to the commissioner, after notice 46.12to interested parties and a hearing, from the contents of the petition, from the evidence 46.13produced at the hearing, and from the department's records, files, and investigation that 46.14the approval of the sale or lease of the permit will not adversely affect the rights of the 46.15users of the service and will not have an adverse effect upon other competing carriers, 46.16the commissioner may make an order granting the sale or lease. Provided, however, that 46.17the commissioner shall make no order granting the sale or lease of a permit to a person 46.18or corporation or association which holds a certificate or permit other than local cartage 46.19carrier permit from the commissioner under this chapter or to a common carrier by rail. 46.20    Provided further that the commissioner shall make no order approving the sale or 46.21lease of a permit if the commissioner finds that the price paid for the sale or lease of a 46.22permit is disproportionate to the reasonable value of the permit considering the assets and 46.23goodwill involved. The commissioner shall approve the sale or lease of a permit only after 46.24a finding that the transferee is fit and able to conduct the operations authorized under the 46.25permit and that the vehicles the transferee proposes to use in conducting the operations 46.26meet the safety standards of the commissioner. In determining the extent of the operating 46.27authority to be conducted by the transferee under the sale or lease of the permit, the past 46.28operations of the transferor within the two-year period immediately preceding the transfer 46.29must be considered. Only such operating authority may be granted to the transferee as was 46.30actually exercised by the transferor under the transferor's authority within the two-year 46.31period immediately preceding the transfer as evidenced by bills of lading, company 46.32records, operation records, or other relevant evidence. For purposes of determining the 46.33two-year period, the date of divesting of interest or control is the date of the sale. 46.34     new text begin (c) new text end The commissioner shall look to the substance of the transaction rather than the 46.35form. An agreement for the transfer or sale of a permit must be reported and filed with the 46.36commissioner within 30 days of the agreement. 47.1     new text begin (d) new text end If an authority to operate as a permit carrier is held by a corporation, a sale, 47.2assignment, pledge, or other transfer of the stock interest in the corporation which will 47.3accomplish a substantial or material change or transfer of the majority ownership of 47.4the corporation, as exercised through its stockholders, must be reported in the manner 47.5prescribed in the rules of the commissioner within 30 days after the sale, assignment, 47.6pledge, or other transfer of stock. The commissioner shall then make a finding whether or 47.7not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of 47.8the corporation to a new party or parties and, if they so find, then the continuance of the 47.9permit issued to the corporation may only be upon the corporation's complying with the 47.10standards and procedures otherwise imposed by this section. 47.11    Sec. 77. Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read: 47.12    Subd. 2. Enforcement powers. new text begin (a) new text end Transportation program specialists and 47.13hazardous material program specialists of the department, for the purpose of enforcing new text begin are new text end 47.14 new text begin authorized to enforce new text end (1) this chapter, sections 169.781 to 169.783 relating to commercial 47.15vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses 47.16and trip permits, (2) Code of Federal Regulations, title 49, parts 40 and 382, and (3) 47.17the applicable rules, orders, or directives of the commissioner of transportation and the 47.18commissioner of revenue, issued under this chapter and chapter 168D or 296A, but for 47.19no other purpose, have the powers conferred by law upon police officers. The powers 47.20include the authority to new text begin and (4) the North American Uniform Out-Of-Service Criteria, new text end 47.21 new text begin including issuing out-of-service orders, as defined in Code of Federal Regulations, title 49, new text end 47.22 new text begin section 383.5, and they may new text end conduct inspections at designated highway weigh stations 47.23or under other appropriate circumstances. 47.24     new text begin (b) Transportation program specialists and hazardous material program specialists new text end 47.25 new text begin of the department must not be armed and, except as provided in this section, have none new text end 47.26 new text begin of the other powers and privileges reserved to peace officers, including the power to new text end 47.27 new text begin enforce traffic laws and regulations. new text end 47.28    Sec. 78. Minnesota Statutes 2006, section 222.50, subdivision 7, is amended to read: 47.29    Subd. 7. Expenditures. (a) The commissioner may expend money from the rail 47.30service improvement account for the following purposes: 47.31    (1) to make transfers as provided under section 222.57 or to pay interest adjustments 47.32on loans guaranteed under the state rail user and rail carrier loan guarantee program; 47.33    (2) to pay a portion of the costs of capital improvement projects designed to improve 47.34rail service including construction or improvement of short segments of rail line such 48.1as side track, team track, and connections between existing lines, and construction and 48.2improvement of loading, unloading, storage, and transfer facilities of a rail user; 48.3    (3) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to 48.4the state rail bank program; 48.5    (4) to provide for aerial photography survey of proposed and abandoned railroad 48.6tracks for the purpose of recording and reestablishing by analytical triangulation the 48.7existing alignment of the inplace track; 48.8    (5) to pay a portion of the costs of acquiring a rail line by a regional railroad 48.9authority established pursuant to chapter 398A; 48.10    (6) to pay the state matching portion of federal grants for rail-highway grade 48.11crossing improvement projects new text begin ; and new text end 48.12     new text begin (7) to fund rail planning studies new text end . 48.13    (b) All money derived by the commissioner from the disposition of railroad 48.14right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall 48.15be deposited in the rail service improvement account. 48.16    Sec. 79. Minnesota Statutes 2006, section 239.791, subdivision 10, is amended to read: 48.17    Subd. 10. Exemption for airport, marina, mooring facility, and resort. A person 48.18responsible for the product may offer for sale, sell, or dispense at an airport, marina, 48.19mooring facility, or resort, for use in airplanes or for purposes listed under subdivision 48.2012, paragraph (a), gasoline that is not oxygenated in accordance with subdivision 1 if the 48.21gasoline is unleaded premium grade as defined in section 239.751, subdivision 4. 48.22    Sec. 80. Minnesota Statutes 2006, section 239.791, is amended by adding a subdivision 48.23to read: 48.24     new text begin Subd. 10a. new text end new text begin Exemption for resorts, marinas, and houseboat rental companies. new text end new text begin A new text end 48.25 new text begin person responsible for the product may offer for sale, sell, or dispense at a resort, marina, or new text end 48.26 new text begin houseboat rental company gasoline that is not oxygenated in accordance with subdivision new text end 48.27 new text begin 1 if the gasoline: has an octane rating of 87 or higher; is delivered into onsite bulk storage; new text end 48.28 new text begin and is not used for a licensed motor vehicle as defined in section 168.011, subdivision 4. new text end 48.29    Sec. 81. Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read: 48.30    Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby 48.31authorized to employ and designate a chief supervisor, a chief assistant supervisor, and 48.32such assistant supervisors, sergeants and officers as are provided by law, who shall 48.33comprise the Minnesota State Patrol. 49.1    (b) The members of the Minnesota State Patrol shall have the power and authority: 49.2    (1) as peace officers to enforce the provisions of the law relating to the protection of 49.3and use of trunk highways; 49.4    (2) at all times to direct all traffic on trunk highways in conformance with law, and in 49.5the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct 49.6traffic on other roads as conditions may require notwithstanding the provisions of law; 49.7    (3) to serve search warrants related to criminal motor vehicle and traffic violations 49.8and arrest warrants, and legal documents anywhere in the state; 49.9    (4) to serve orders of the commissioner of public safety or the commissioner's duly 49.10authorized agents issued under the provisions of the Driver's License Law, the Safety 49.11Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere 49.12in the state and to take possession of any license, permit, or certificate ordered to be 49.13surrendered; 49.14    (5) to inspect official brake and light adjusting stations; 49.15    (6) to make appearances anywhere within the state for the purpose of conducting 49.16traffic safety educational programs and school bus clinics; 49.17    (7) to exercise upon all trunk highways the same powers with respect to the 49.18enforcement of laws relating to crimes, as sheriffs and police officers; 49.19    (8) to cooperate, under instructions and rules of the commissioner of public 49.20safety, with all sheriffs and other police officers anywhere in the state, provided that 49.21said employees shall have no power or authority in connection with strikes or industrial 49.22disputes; 49.23    (9) to assist and aid any peace officer whose life or safety is in jeopardy; 49.24    (10) as peace officers to provide security and protection to the governor, governor 49.25elect, either or both houses of the legislature, and state buildings or property in the manner 49.26and to the extent determined to be necessary after consultation with the governor, or a 49.27designee. Pursuant to this clause, members of the State Patrol, acting as peace officers 49.28have the same powers with respect to the enforcement of laws relating to crimes, as 49.29sheriffs and police officers have within their respective jurisdictions; 49.30    (11) to inspect school buses anywhere in the state for the purposes of determining 49.31compliance with vehicle equipment, pollution control, and registration requirements; 49.32    (12) as peace officers to make arrests for public offenses committed in their presence 49.33anywhere within the state. Persons arrested for violations other than traffic violations 49.34shall be referred forthwith to the appropriate local law enforcement agency for further 49.35investigation or disposition. new text begin ; and new text end 50.1     new text begin (13) to enforce the North American uniform out-of-service criteria and issue new text end 50.2 new text begin out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5. new text end 50.3    (c) The state may contract for State Patrol members to render the services described 50.4in this section in excess of their regularly scheduled duty hours and patrol members 50.5rendering such services shall be compensated in such amounts, manner and under such 50.6conditions as the agreement provides. 50.7    (d) Employees thus employed and designated shall subscribe an oath. 50.8    Sec. 82. Minnesota Statutes 2006, section 299D.06, is amended to read: 50.9299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS. 50.10    (a) Department personnel must be classified employees assigned to the Division of 50.11State Patrol if they are employed to enforce: 50.12    (1) laws relating to motor vehicle equipment; school bus equipment; drivers' 50.13licenses; motor vehicle registration; motor vehicle size and weight; motor carrier 50.14insurance, registration, and safety; and motor vehicle petroleum taxes; 50.15    (2) Pollution Control Agency rules relating to motor vehicle noise abatement; and 50.16    (3) laws relating to directing the movement of vehicles. new text begin ; and new text end 50.17     new text begin (4) the North American uniform out-of-service criteria and issue out-of-service new text end 50.18 new text begin orders, as defined in Code of Federal Regulations, title 49, section 383.5. new text end 50.19    (b) Employees engaged in these duties, while actually on the job during their 50.20working hours only, shall have power to: 50.21    (1) issue citations in lieu of arrest and continued detention; and 50.22    (2) prepare notices to appear in court for violation of these laws and rules, in the 50.23manner provided in section 169.91, subdivision 3. 50.24    (c) They shall not be armed and, except as provided in this section, shall have none 50.25of the other powers and privileges reserved to peace officers including the power to 50.26enforce traffic laws and regulations. 50.27    Sec. 83. Minnesota Statutes 2006, section 465.74, is amended by adding a subdivision 50.28to read: 50.29     new text begin Subd. 10. new text end new text begin Facility relocation costs. new text end new text begin Notwithstanding any contrary provisions new text end 50.30 new text begin in section 237.163, and rules adopted under that section, public right-of-way users new text end 50.31 new text begin under Minnesota Rules, chapter 7819, including, but not limited to, district heating and new text end 50.32 new text begin district cooling nonprofit corporations organized under chapter 317A that are exempt new text end 50.33 new text begin organizations under section 501(c)(3) of the United States Internal Revenue Code, are new text end 50.34 new text begin eligible to receive grants and federal money for costs of relocating facilities from public new text end 51.1 new text begin rights-of-way to prevent interference with public light rail projects, unless eligibility new text end 51.2 new text begin would impact the project's Federal Transit Authority required cost effectiveness index. new text end 51.3    Sec. 84. Minnesota Statutes 2006, section 473.13, subdivision 1a, is amended to read: 51.4    Subd. 1a. Program evaluation. The budget procedure of the council must include a 51.5substantive assessment and evaluation of the effectiveness of each significant program of 51.6the council, with, to the extent possible, quantitative information on the status, progress, 51.7costs, benefits, and effects of each program. new text begin An assessment of progress towards meeting new text end 51.8 new text begin transit goals for people with disabilities must be included, with required elements new text end 51.9 new text begin including, but not limited to: new text end 51.10     new text begin (1) a description of proposed program enhancements; new text end 51.11     new text begin (2) an assessment of progress; new text end 51.12     new text begin (3) identification of the estimated total number of potential and actual riders who are new text end 51.13 new text begin disabled; new text end 51.14     new text begin (4) an assessment of the level and type of service required to meet unmet ridership new text end 51.15 new text begin needs; and new text end 51.16     new text begin (5) an analysis of costs and revenue options, including a calculation of the amounts new text end 51.17 new text begin of surplus or insufficient funds available for achieving paratransit needs. new text end 51.18The council shall transmit the evaluation to the legislature annually. 51.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 51.20    Sec. 85. Minnesota Statutes 2006, section 473.399, is amended by adding a subdivision 51.21to read: 51.22     new text begin Subd. 5. new text end new text begin Availability of light rail transit information. new text end new text begin The Metropolitan Council new text end 51.23 new text begin shall maintain in a centralized location on an Internet Web site, for each light rail transit new text end 51.24 new text begin line operated by the council and for each year of operation of the line: new text end 51.25     new text begin (1) financial data, including revenue by source and operating and capital expenses; new text end 51.26 new text begin and new text end 51.27     new text begin (2) ridership information, including ridership and passenger miles. new text end 51.28    Sec. 86. Laws 1976, chapter 199, section 14, subdivision 1, as amended by Laws 1984, 51.29chapter 572, section 3, subdivision 1, is amended to read: 51.30    Subdivision 1. Safety regulation study. The commissioner of transportation, with 51.31the cooperation of representatives of regional and local units of government and law 51.32enforcement agencies, the state trail council, the Governor's trail advisory committee, the 51.33commissioner of public safety, highway user groups and associations, and cycling groups 52.1and associations shall review and analyze problems relating to the operation of bicycles on 52.2the public roads and ways. 52.3    As part of this review and analysis the commissioner shall review the Minnesota 52.4motor vehicle code to identify provisions which give motorists and bicyclists inadequate 52.5guidelines where such traffic conflicts or which may be inconsistent or ambiguous when 52.6applied to traffic situations involving special bicycle facilities within or adjacent to public 52.7streets and highways. 52.8    No later than January 15, 1977 the commissioner shall report the results of this 52.9review and analysis and recommendations for any necessary action to the legislative 52.10committees having jurisdiction over the subject. 52.11    Following the completion of the study the advisory committee on bicycling formed 52.12by the commissioner under this subdivision shall continue to function under that name in 52.13an advisory capacity to make recommendations to the commissioners of transportation and 52.14public safety and the legislature on bicycle safety and bicycle education and development 52.15programs. 52.16    Sec. 87. new text begin ENGINE BRAKES; REGULATION BY MINNEAPOLIS. new text end 52.17     new text begin Notwithstanding any other law or charter provision, the governing body of the city new text end 52.18 new text begin of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor new text end 52.19 new text begin vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394, new text end 52.20 new text begin beginning at the South Penn Avenue interchange in the city of Minneapolis and thence new text end 52.21 new text begin extending easterly to the terminus of marked Interstate Highway 394. Upon notification new text end 52.22 new text begin to the commissioner of transportation by the city of Minneapolis, the commissioner of new text end 52.23 new text begin transportation shall erect the appropriate signs, with the cost of the signs to be paid by the new text end 52.24 new text begin city. For purposes of this section, "engine brake" means any device that uses the engine new text end 52.25 new text begin and transmission to impede the forward motion of the motor vehicle by compression new text end 52.26 new text begin of the engine. new text end 52.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 52.28    Sec. 88. new text begin LITTLE CROW TRANSIT WAY. new text end 52.29     new text begin The commissioner of transportation and the Metropolitan Council shall reference in new text end 52.30 new text begin planning or study documents any commuter rail or other transit service proposal along new text end 52.31 new text begin or near marked Trunk Highway 12 between Willmar and downtown Minneapolis as the new text end 52.32 new text begin Little Crow transit way. new text end 52.33    Sec. 89. new text begin HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES; new text end 52.34 new text begin REVISOR INSTRUCTIONS. new text end 53.1     new text begin Subdivision 1. new text end new text begin Legislative Route No. 295 removed. new text end new text begin (a) Minnesota Statutes 2006, new text end 53.2 new text begin section 161.115, subdivision 226, is repealed effective the day after the commissioner of new text end 53.3 new text begin transportation receives a copy of the agreement between the commissioner and the city of new text end 53.4 new text begin St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and new text end 53.5 new text begin notifies the revisor of statutes under paragraph (b). new text end 53.6     new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from new text end 53.7 new text begin Minnesota Statutes when the commissioner of transportation sends notice to the revisor in new text end 53.8 new text begin writing that the conditions required to transfer the route are satisfied. new text end 53.9     new text begin Subd. 2. new text end new text begin Legislative Route No. 335 removed. new text end new text begin (a) Minnesota Statutes 2006, new text end 53.10 new text begin section 161.115, subdivision 266, is repealed effective the day after the commissioner of new text end 53.11 new text begin transportation receives a copy of the agreement between the commissioner and the city of new text end 53.12 new text begin St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and new text end 53.13 new text begin notifies the revisor of statutes under paragraph (b). new text end 53.14     new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from new text end 53.15 new text begin Minnesota Statutes when the commissioner of transportation sends notice to the revisor in new text end 53.16 new text begin writing that the conditions required to transfer the route are satisfied. new text end 53.17    Sec. 90. new text begin RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK. new text end 53.18     new text begin (a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any new text end 53.19 new text begin other law to the contrary, the trunk highway right-of-way described in paragraph (b) is new text end 53.20 new text begin hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being new text end 53.21 new text begin a certain parcel of land located in the county of Otter Tail, state of Minnesota, being new text end 53.22 new text begin more particularly described in paragraph (b). new text end 53.23     new text begin (b) All of Tracts A, B, and C described below: new text end 53.24 new text begin TRACT A new text end 53.25 new text begin That part of Government Lot 1 of Section 12, Township 132 North, Range new text end 53.26 new text begin 43 West, Otter Tail County, Minnesota, lying Northeasterly of the former new text end 53.27 new text begin Southwesterly right-of-way line of the BNSF Railway Company (formerly the new text end 53.28 new text begin St. Paul, Minneapolis and Manitoba Railway Company); new text end 53.29 new text begin TRACT B new text end 53.30 new text begin A strip of land 150 feet in width, being 75 feet on each side of the former new text end 53.31 new text begin centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis new text end 53.32 new text begin and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12, new text end 53.33 new text begin Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip new text end 53.34 new text begin extending from the South line to the West line of said SW1/4NW1/4; together new text end 53.35 new text begin with that part of said SW1/4NW1/4 adjoining and Westerly of the above new text end 54.1 new text begin described strip and Easterly of the Easterly right-of-way line of said railroad new text end 54.2 new text begin company as located prior to 1888; new text end 54.3 new text begin TRACT C new text end 54.4 new text begin A strip of land 100 feet in width, being 50 feet on each side of the former new text end 54.5 new text begin centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis new text end 54.6 new text begin and Manitoba Railway Company) across the E1/2NE1/4 of Section 11, new text end 54.7 new text begin Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip new text end 54.8 new text begin extending from the East to the North line of said E1/2NE1/4; new text end 54.9 new text begin together with that part of Tract D described below: new text end 54.10 new text begin TRACT D new text end 54.11 new text begin A strip of land 100 feet in width, being 50 feet on each side of the former new text end 54.12 new text begin centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis new text end 54.13 new text begin and Manitoba Railway Company) across the E1/2 of Section 2, Township 132 new text end 54.14 new text begin North, Range 43 West, Otter Tail County, Minnesota; new text end 54.15 new text begin which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of new text end 54.16 new text begin Line 1 described below: new text end 54.17 new text begin LINE 1. new text end 54.18 new text begin Beginning at a point on the North and South Quarter line of said Section 2, new text end 54.19 new text begin distant 1,060.11 feet North of the South Quarter corner thereof; thence run new text end 54.20 new text begin Northeasterly at an angle of 72��36'15" (measured from North to East) from said new text end 54.21 new text begin North and South Quarter line for 1,600 feet and there terminating; new text end 54.22 new text begin together with all right of access, being the right of ingress to and egress from that part of new text end 54.23 new text begin Tract D hereinbefore described, not acquired herein, to the above described strip. new text end 54.24    Sec. 91. new text begin BRIDGE INFRASTRUCTURE PLANNING. new text end 54.25     new text begin Subdivision 1. new text end new text begin Trunk highway bridge improvements. new text end new text begin In conjunction with the new text end 54.26 new text begin planning or design for construction, reconstruction, or replacement of a trunk highway new text end 54.27 new text begin bridge in the metropolitan area, within the meaning of Minnesota Statutes, section 473.121, new text end 54.28 new text begin the commissioner of transportation shall consult with the chair of the Metropolitan Council new text end 54.29 new text begin to identify necessary or feasible transit infrastructure and improvements in the corridor. new text end 54.30     new text begin Subd. 2. new text end new text begin Planning and development. new text end new text begin The commissioner and the chair shall new text end 54.31 new text begin develop a process to coordinate planning and development of highway and transit projects new text end 54.32 new text begin to enhance the efficient use of resources, facilitate selection of appropriate infrastructure new text end 54.33 new text begin choices, and provide a balanced transportation system for the metropolitan area. new text end 54.34    Sec. 92. new text begin CREATION OF PLAN, REPORTS, AND ASSESSMENTS. new text end 55.1     new text begin The Department of Transportation and the Metropolitan Council shall create the new text end 55.2 new text begin plan, reports, and assessments required in Minnesota Statutes, sections 174.24, subdivision new text end 55.3 new text begin 1a; 174.247; and 473.13, subdivision 1a, within current appropriation levels. new text end 55.4    Sec. 93. new text begin REPORT ON OFFICE OF PUPIL TRANSPORTATION SAFETY. new text end 55.5     new text begin By January 15, 2009, the commissioner of public safety and the director of pupil new text end 55.6 new text begin transportation safety must report to the chairs and ranking minority members of the new text end 55.7 new text begin senate and house of representatives committees with jurisdiction over transportation new text end 55.8 new text begin and education policy and finance concerning the Office of Pupil Transportation Safety, new text end 55.9 new text begin including adequacy of funding, staffing levels, available technology to carry out the new text end 55.10 new text begin requirements of Minnesota Statutes, section 169.435, and any recommended legislation to new text end 55.11 new text begin improve the ability of the pupil transportation safety director to perform statutory duties. new text end 55.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 55.13    Sec. 94. new text begin COMPLETE STREETS. new text end 55.14     new text begin The commissioner of transportation, in cooperation with the Metropolitan Council new text end 55.15 new text begin and representatives of counties, statutory and home rule charter cities, and towns, shall new text end 55.16 new text begin study the benefits, feasibility, and cost of adopting a complete streets policy applicable to new text end 55.17 new text begin plans to construct, reconstruct, and relocate streets and roads that includes the following new text end 55.18 new text begin elements: new text end 55.19     new text begin (1) safe access for all users, including pedestrians, bicyclists, motorists, and transit new text end 55.20 new text begin riders; new text end 55.21     new text begin (2) bicycle and pedestrian ways in urbanized areas except where bicyclists and new text end 55.22 new text begin pedestrians are prohibited by law, where costs would be excessively disproportionate, and new text end 55.23 new text begin where there is no need for bicycle and pedestrian ways; new text end 55.24     new text begin (3) paved shoulders on rural roads; new text end 55.25     new text begin (4) safe pedestrian travel, including for people with disabilities, on sidewalks and new text end 55.26 new text begin street crossings; new text end 55.27     new text begin (5) utilization of the latest and best design standards; and new text end 55.28     new text begin (6) consistency of complete streets plan with community context. new text end 55.29     new text begin The commissioner shall report findings, conclusions, and recommendations to new text end 55.30 new text begin the senate Transportation Budget and Policy Division and the house of representatives new text end 55.31 new text begin Transportation Finance Division and Transportation and Transit Policy Subcommittee by new text end 55.32 new text begin December 5, 2009. new text end 55.33    Sec. 95. new text begin APPROPRIATION. new text end 56.1     new text begin $575,000 is appropriated from the trunk highway fund to the commissioner of public new text end 56.2 new text begin safety in fiscal year 2009 to implement and operate the Office of Pupil Transportation new text end 56.3 new text begin Safety. new text end 56.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 56.5    Sec. 96. new text begin REVISOR'S INSTRUCTION. new text end 56.6     new text begin The revisor of statutes shall change the terms "type III school bus," "type III bus," and new text end 56.7 new text begin "type III Head Start bus" to "type III vehicle," and the terms "type III school buses," "type new text end 56.8 new text begin III buses," and "type III Head Start buses" to "type III vehicles," in Minnesota Statutes, new text end 56.9 new text begin chapters 169, 169A, and 171, and in Minnesota Rules, parts 7470.1400 and 7470.1500. new text end 56.10    Sec. 97. new text begin REPEALER. new text end 56.11 new text begin Minnesota Statutes 2006, sections 168.123, subdivision 2a; 168B.087, subdivision new text end 56.12 new text begin 2; 169.145; 169.446, subdivision 3; and 221.121, subdivision 4, new text end new text begin are repealed. new text end 56.13ARTICLE 2 56.14RAILWAY WALKWAY SAFETY 56.15    Section 1. new text begin [219.501] RAIL CARRIER WALKWAYS. new text end 56.16     new text begin Subdivision 1. new text end new text begin Duty to provide walkways. new text end new text begin (a) Rail carriers must provide walkways new text end 56.17 new text begin adjacent to those portions of yard tracks where rail carrier employees frequently work on new text end 56.18 new text begin the ground performing switching activities. For purposes of this section, "frequently new text end 56.19 new text begin work" means at least five days per week, one shift per day. new text end 56.20     new text begin (b) This section applies to reconstruction and new construction of yard track new text end 56.21 new text begin completed after July 1, 2008. new text end 56.22     new text begin (c) This section does not apply to an entity that owns or operates track in this state new text end 56.23 new text begin other than class one and class two rail carriers as classified by the Federal Railroad new text end 56.24 new text begin Administration. new text end 56.25     new text begin Subd. 2. new text end new text begin General requirements. new text end new text begin (a) Walkways constructed pursuant to this section new text end 56.26 new text begin may be surfaced with asphalt, concrete, planking, grating, native material, crushed new text end 56.27 new text begin material, or other similar nonrevenue material. When crushed material is used, 100 new text end 56.28 new text begin percent of the material must be capable of passing through a 1-1/2-inch square sieve new text end 56.29 new text begin opening, and at least 90 percent of the material must be capable of passing through new text end 56.30 new text begin a one-inch square sieve opening provided, however, a de minimus variation is not a new text end 56.31 new text begin violation of this section where the rail carrier has made a good faith effort to comply with new text end 56.32 new text begin the percentage requirements. Smaller crushed material is preferable, where drainage new text end 57.1 new text begin and durability issues do not arise. Material that is three-quarter inch or less in size is new text end 57.2 new text begin recommended for switching lead tracks. new text end 57.3     new text begin (b) Walkways must have a reasonably uniform surface and must be maintained in a new text end 57.4 new text begin safe condition without compromising track drainage. new text end 57.5     new text begin (c) Cross slopes for walkways must not exceed one inch of elevation for each eight new text end 57.6 new text begin inches of horizontal length in any direction. new text end 57.7     new text begin (d) Walkways must be a minimum width of two feet. new text end 57.8     new text begin (e) Walkways regulated under this section must be kept reasonably clear of spilled new text end 57.9 new text begin fuel, oil, sand, posts, rocks, and other hazards or obstructions. new text end 57.10     new text begin Subd. 3. new text end new text begin Allowances for unusual conditions. new text end new text begin Rail carriers are not required to new text end 57.11 new text begin comply with the requirements of this section during (1) maintenance activities or any new text end 57.12 new text begin period of heavy rain or snow, derailments, rock and earth slides, washouts, and similar new text end 57.13 new text begin weather or seismic conditions, and (2) during a reasonable period after any occurrences new text end 57.14 new text begin identified in clause (1) in order to allow a return to compliance. new text end 57.15     new text begin Subd. 4. new text end new text begin Waiver of requirements. new text end new text begin Upon written request of a rail carrier, the new text end 57.16 new text begin commissioner may waive any portion of this section where conditions do not reasonably new text end 57.17 new text begin allow compliance. A decision of the commissioner is subject to the requirements under new text end 57.18 new text begin section 218.041. new text end 57.19    Sec. 2. Minnesota Statutes 2006, section 219.51, is amended to read: 57.20219.51 CLEARANCE VIOLATIONS AND PENALTIES. 57.21    Subdivision 1. Clearance Violation. A common carrier, corporation, or person 57.22subject to sections 219.45 to 219.53 violating any of the provisions of those sections, is 57.23liable to a penalty of not more than $500 for each violation. 57.24    Subd. 2. Failure to correct. If a common carrier, person, or corporation (1) fails 57.25to correct a violation of sections 219.45 to 219.53 when ordered by the commissioner of 57.26transportation within the time provided in the order, and (2) does not appeal the order, 57.27then failure to correct the violation as ordered by the commissioner constitutes a new and 57.28separate offense distinct from the original violation of sections 219.45 to 219.53. 57.29    Subd. 3. Duties of attorney general. The penalty must be recovered in a suit 57.30brought in the name of the state by the attorney general in a court having jurisdiction in 57.31the locality where the violation was committed. Under the direction of the commissioner, 57.32the attorney general shall bring suit upon receipt of duly verified information from any 57.33person of a violation being committed. The commissioner shall lodge with the attorney 57.34general information of any violation as may come to their knowledge. 58.1     new text begin Subd. 4. new text end new text begin Walkway orders. new text end new text begin When the commissioner finds that rail carrier employees new text end 58.2 new text begin who frequently work adjacent to a portion of track performing switching activities are new text end 58.3 new text begin exposed to safety hazards due to the lack of a walkway or to the condition of a walkway new text end 58.4 new text begin constructed before July 1, 2008, the commissioner may, under the provisions of this new text end 58.5 new text begin section, order a rail carrier to construct a walkway adjacent to a portion of track where new text end 58.6 new text begin employees are performing switching activities, or require a rail carrier to modify an new text end 58.7 new text begin existing walkway in conformance with the standards set forth in section 219.501, within a new text end 58.8 new text begin reasonable period of time. new text end 58.9     new text begin Subd. 5. new text end new text begin Filing of complaints. new text end new text begin No formal complaint of an alleged violation of new text end 58.10 new text begin sections 219.45 to 219.53 may be filed until the filing party has attempted to address new text end 58.11 new text begin the alleged violations with the rail carrier. Any complaint of an alleged violation must new text end 58.12 new text begin contain a written statement that the filing party has made a reasonable, good faith attempt new text end 58.13 new text begin to address the alleged violation. new text end 58.14    Sec. 3. Minnesota Statutes 2006, section 609.85, subdivision 6, is amended to read: 58.15    Subd. 6. new text begin Trespass; new text end allowing animals on track new text begin exception new text end . Whoever intentionally 58.16 new text begin trespasses, or who new text end permits animals under the person's control to trespass on a railroad 58.17track new text begin , yard, or bridge new text end is guilty of a misdemeanor. new text begin This subdivision does not apply to an new text end 58.18 new text begin elected union official's access to those facilities when acting in an official capacity, to an new text end 58.19 new text begin employee acting within the scope of employment, or to a person with written permission new text end 58.20 new text begin from the railroad company to enter upon the railroad facility. new text end " 58.21Delete the title and insert: 58.22"A bill for an act 58.23relating to transportation; modifying or adding provisions relating to highways, 58.24motor vehicles, vehicle registration, traffic regulations and surcharges, 58.25commercial vehicles and vehicle combinations and permits, pupil transportation 58.26and school bus drivers, drivers' licenses, driver training, motor fuels, the 58.27State Patrol, transit and paratransit planning, the transfer of right-of-way to 58.28state rail bank, nonmotorized transportation, transportation finance, and other 58.29transportation-related programs or practices; requiring studies and reports; 58.30imposing penalties; appropriating money;amending Minnesota Statutes 2006, 58.31sections 86B.825, subdivision 5; 161.14, by adding a subdivision; 162.02, 58.32by adding a subdivision; 163.051, subdivision 1; 168.011, subdivisions 7, 58.3322; 168.012, subdivision 1, by adding a subdivision; 168.013, by adding a 58.34subdivision; 168.021, subdivisions 1, 2; 168.09, subdivision 7; 168.185; 168.28; 58.35168A.01, subdivision 21; 168A.03, subdivision 1; 168A.05, subdivision 9; 58.36168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding 58.37subdivisions; 168B.08, subdivision 1; 169.01, subdivisions 55, 76, by 58.38adding subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 58.39169.21, by adding a subdivision; 169.224; 169.435; 169.446, subdivision 58.402; 169.67, subdivision 3; 169.781, subdivisions 1, 2, 5; 169.79; 169.801; 58.41169.82, subdivision 3; 169.826, subdivision 1a; 169.85, subdivision 1; 169.86, 58.42subdivision 8, as added; 169.99, by adding a subdivision; 171.01, subdivisions 59.135, 46; 171.03; 171.055, subdivision 2; 171.0701; 171.13, subdivision 1, by 59.2adding subdivisions; 171.165, subdivision 2; 171.321, subdivision 1; 174.03, 59.3subdivision 1, by adding a subdivision; 174.24, by adding a subdivision; 219.51; 59.4221.011, by adding a subdivision; 221.031, subdivision 1; 221.036, subdivisions 59.51, 3; 221.121, subdivisions 1, 6a; 221.151, subdivision 1; 221.221, subdivision 59.62; 222.50, subdivision 7; 239.791, subdivision 10, by adding a subdivision; 59.7299D.03, subdivision 1; 299D.06; 465.74, by adding a subdivision; 473.13, 59.8subdivision 1a; 473.399, by adding a subdivision; 609.85, subdivision 6; 59.9Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2; Laws 1976, 59.10chapter 199, section 14, subdivision 1, as amended; proposing coding for new 59.11law in Minnesota Statutes, chapters 168; 169; 171; 174; 219; repealing Minnesota 59.12Statutes 2006, sections 168.123, subdivision 2a; 168B.087, subdivision 2; 59.13169.145; 169.446, subdivision 3; 221.121, subdivision 4." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Melissa Hortman, Terry Morrow, Alice Hausman, Michael V. Nelson, Ron ErhardtSenate Conferees: (Signed) Steve Murphy, D. Scott Dibble, Katie Sieben, Michael J. Jungbauer, Rick E. Olseen 60.1 We request the adoption of this report and repassage of the bill. 60.2 House Conferees:(Signed) 60.3 ..... ..... 60.4 Melissa Hortman Terry Morrow 60.5 ..... ..... 60.6 Alice Hausman Michael V. Nelson 60.7 ..... 60.8 Ron Erhardt 60.9 Senate Conferees:(Signed) 60.10 ..... ..... 60.11 Steve Murphy D. Scott Dibble 60.12 ..... ..... 60.13 Katie Sieben Michael J. Jungbauer 60.14 ..... 60.15 Rick E. Olseen