1.1 	A bill for an act
1.2 	relating to transportation; including pedestrian, bicycle components in bridge 
1.3 	improvement program; removing sunset of corporate deputy registrars; amending 
1.4 	eligibility for impounded vehicle contents retrieval; removing four-hour towing 
1.5 	waiting period; providing for enhanced driver's license; modifying driving after 
1.6 	suspension provisions; expanding DWI ignition interlock device pilot program; 
1.7 	requiring feasibility study of transit service in Little Crow transit way; identifying 
1.8 	commissioner of transportation duties for passenger rail; requiring commissioner 
1.9 	to apply for railroad safety technology grants; directing commissioner of 
1.10 	transportation to study mandatory 24-hour vehicle lighting; requiring report; 
1.11 	authorizing rulemaking;amending Minnesota Statutes 2008, sections 165.14, 
1.12 	subdivisions 3, 4, 5; 168.33, subdivision 2; 168B.06, subdivision 1; 168B.07, 
1.13 	subdivision 3; 169.041, subdivision 5; 171.01, by adding subdivisions; 171.04, 
1.14 	by adding a subdivision; 171.06, subdivisions 1, 2, 3, 6; 171.07, subdivision 3, 
1.15 	by adding subdivisions; 171.071, by adding a subdivision; 171.18, subdivision 1; 
1.16 	171.24, by adding a subdivision; 171.306, subdivisions 1, 3; 174.03, subdivision 
1.17 	1a; 219.01; proposing coding for new law in Minnesota Statutes, chapter 174; 
1.18 	repealing Minnesota Statutes 2008, section 169.041, subdivisions 3, 4.
1.19 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.20 	Section 1. Minnesota Statutes 2008, section 165.14, subdivision 3, is amended to read:
1.21 		Subd. 3. Program requirements. (a) The commissioner shall develop an inventory 
1.22 	of bridges included in the program. The inventory must include all bridges on the trunk 
1.23 	highway system in Minnesota that are classified as fracture-critical or structurally deficient, 
1.24 	or constitute a priority project, as identified by the commissioner. In determining whether 
1.25 	a bridge is a priority project, the commissioner may consider national bridge inventory 
1.26 	(NBI) condition codes, bridge classification as functionally obsolete, the year in which 
1.27 	the bridge was built, the history of bridge maintenance and inspection report findings, the 
1.28 	average daily traffic count, engineering judgments with respect to the safety or condition 
1.29 	of the bridge, safety concerns for pedestrians, bicyclists, motorists, or other roadway users, 
2.1 	whether existing pedestrian facilities meet the accessibility requirements of the Americans 
2.2 	with Disabilities Act, and any other factors specifically identified by the commissioner. 
2.3 	(b) For each bridge included in the inventory, the commissioner must provide the 
2.4 	following information: a summary of the bridge, including but not limited to, county 
2.5 	and department district, route number, feature crossed, the year in which the bridge was 
2.6 	built, average daily traffic count, load rating, bridge length and deck area, and main span 
2.7 	type; the condition ratings for the deck, superstructure, and substructure; identification of 
2.8 	whether the bridge is structurally deficient, functionally obsolete, or fracture-critical; the 
2.9 	sufficiency rating; pedestrian, bicyclist, and motorist crash reports for the previous ten 
2.10 	years; current accommodations for pedestrians, bicyclists, and transit users; identification 
2.11 	of whether existing pedestrian facilities are compliant with the accessibility requirements 
2.12 	of Title II of the Americans with Disabilities Act; a brief description of the work planned 
2.13 	for the bridge, including work type needed; an estimate of total costs related to the bridge, 
2.14 	which may include general and planning cost estimates; and, the year or range of years in 
2.15 	which the work is planned. 

2.16 	Sec. 2. Minnesota Statutes 2008, section 165.14, subdivision 4, is amended to read:
2.17 		Subd. 4. Prioritization of bridge projects. (a) The commissioner shall classify all 
2.18 	bridges in the program into tier 1, 2, or 3 bridges, where tier 1 is the highest tier. Unless 
2.19 	the commissioner identifies a reason for proceeding otherwise, before commencing bridge 
2.20 	projects in a lower tier, all bridge projects within a higher tier must to the extent feasible 
2.21 	be selected and funded in the approved state transportation improvement program, at 
2.22 	any stage in the project development process, solicited for bids, in contract negotiation, 
2.23 	under construction, or completed. 
2.24 	(b) The classification of each tier is as follows: 
2.25 	(1) tier 1 consists of any bridge in the program that (i) has an average daily traffic 
2.26 	count that is above 1,000 and has a sufficiency rating that is at or below 50, or (ii) is 
2.27 	identified by the commissioner as a priority project; 
2.28 	(2) tier 2 consists of any bridge that is not a tier 1 bridge, and (i) is classified as 
2.29 	fracture-critical, or (ii) has a sufficiency rating that is at or below 80; and 
2.30 	(3) tier 3 consists of any other bridge in the program that is not a tier 1 or tier 2 bridge. 
2.31 	(c) By June 30, 2018, all tier 1 and tier 2 bridges originally included in the program 
2.32 	must be under contract for repair or replacement with a new bridge that contains a 
2.33 	load-path-redundant design, except that a specific bridge may remain in continued service 
2.34 	if the reasons are documented in the report required under subdivision 5. 
3.1 	(d) All bridge projects funded under this section in fiscal year 2010 or later must 
3.2 	include bicycle and pedestrian accommodations if both sides of the bridge are located in a 
3.3 	city or the bridge links a pedestrian way, shared-use path, trail, or scenic bikeway.
3.4 	Bicycle and pedestrian accommodations would not be required if:
3.5 	(1) a comprehensive assessment demonstrates that there is an absence of need for 
3.6 	bicycle and pedestrian accommodations for the life of the bridge; or
3.7 	(2) there is a reasonable alternative bicycle and pedestrian crossing within 
3.8 	one-quarter mile of the bridge project.
3.9 	All bicycle and pedestrian accommodations should provide for the connection to any 
3.10 	existing bicycle and pedestrian infrastructure in close proximity to the bridge. All 
3.11 	pedestrian facilities must meet or exceed federal accessibility requirements as outlined in 
3.12 	Title II of the Americans with Disabilities Act, codified in United States Code, title 42, 
3.13 	chapter 126, subchapter II, and Section 504 of the Rehabilitation Act of 1973, codified in 
3.14 	United States Code, title 29, section 794.
3.15 	(e) The commissioner shall establish criteria for determining the priority of bridge 
3.16 	projects within each tier, and must include safety considerations as a criterion. 

3.17 	Sec. 3. Minnesota Statutes 2008, section 165.14, subdivision 5, is amended to read:
3.18 		Subd. 5. Statewide transportation planning report. In conjunction with each 
3.19 	update to the Minnesota statewide transportation plan, or at least every six years, the 
3.20 	commissioner shall submit a report to the chairs and ranking minority members of the 
3.21 	house of representatives and senate committees with jurisdiction over transportation 
3.22 	finance. The report must include: 
3.23 	(1) an explanation of the criteria and decision-making processes used to prioritize 
3.24 	bridge projects; 
3.25 	(2) a historical and projected analysis of the extent to which all trunk highway 
3.26 	bridges meet bridge performance targets, including safety targets for pedestrian, bicyclist, 
3.27 	and motorist safety and compliance with the accessibility requirements of Title II of the 
3.28 	Americans with Disabilities Act; 
3.29 	(3) a summary of bridge projects (i) completed in the previous six years or since the 
3.30 	last update to the Minnesota statewide transportation plan, and (ii) currently in progress 
3.31 	under the program; 
3.32 	(4) a summary of bridge projects scheduled in the next four fiscal years and included 
3.33 	in the state transportation improvement program; 
3.34 	(5) a projection of annual needs over the next 20 years; 
4.1 	(6) a calculation of funding necessary to meet the completion date under subdivision 
4.2 	4, paragraph (c), compared to the total amount of bridge-related funding available; and 
4.3 	(7) for any tier 1 fracture-critical bridge that is repaired but not replaced, an 
4.4 	explanation of the reasons for repair instead of replacement. 

4.5 	Sec. 4. Minnesota Statutes 2008, section 168.33, subdivision 2, is amended to read:
4.6 		Subd. 2.Deputy registrars. (a) The commissioner may appoint, and for cause 
4.7 	discontinue, a deputy registrar for any statutory or home rule charter city as the public 
4.8 	interest and convenience may require, without regard to whether the county auditor of 
4.9 	the county in which the city is situated has been appointed as the deputy registrar for the 
4.10 	county or has been discontinued as the deputy registrar for the county, and without regard 
4.11 	to whether the county in which the city is situated has established a county license bureau 
4.12 	that issues motor vehicle licenses as provided in section 373.32.
4.13 	(b) The commissioner may appoint, and for cause discontinue, a deputy registrar 
4.14 	for any statutory or home rule charter city as the public interest and convenience may 
4.15 	require, if the auditor for the county in which the city is situated chooses not to accept 
4.16 	appointment as the deputy registrar for the county or is discontinued as a deputy registrar, 
4.17 	or if the county in which the city is situated has not established a county license bureau 
4.18 	that issues motor vehicle licenses as provided in section 373.32. The individual appointed 
4.19 	by the commissioner as a deputy registrar for any statutory or home rule charter city must 
4.20 	be a resident of the county in which the city is situated.
4.21 	(c) The commissioner may appoint, and for cause discontinue, the county auditor of 
4.22 	each county as a deputy registrar.
4.23 	(d) Despite any other provision, a person other than a county auditor or a director 
4.24 	of a county license bureau, who was appointed by the registrar before August 1, 1976, 
4.25 	as a deputy registrar for any statutory or home rule charter city, may continue to serve 
4.26 	as deputy registrar and may be discontinued for cause only by the commissioner. The 
4.27 	county auditor who appointed the deputy registrars is responsible for the acts of deputy 
4.28 	registrars appointed by the auditor.
4.29 	(e) Each deputy, before entering upon the discharge of duties, shall take and 
4.30 	subscribe an oath to faithfully discharge the duties and to uphold the laws of the state.
4.31 	(f) If a deputy registrar appointed under this subdivision is not an officer or employee 
4.32 	of a county or statutory or home rule charter city, the deputy shall in addition give bond to 
4.33 	the state in the sum of $10,000, or a larger sum as may be required by the commissioner, 
4.34 	conditioned upon the faithful discharge of duties as deputy registrar.
5.1 	(g) Until January 1, 2012, A corporation governed by chapter 302A may be 
5.2 	appointed a deputy registrar. Upon application by an individual serving as a deputy 
5.3 	registrar and the giving of the requisite bond as provided in this subdivision, personally 
5.4 	assured by the individual or another individual approved by the commissioner, a 
5.5 	corporation named in an application then becomes the duly appointed and qualified 
5.6 	successor to the deputy registrar. The appointment of any corporation as a deputy registrar 
5.7 	expires January 1,  2012. The commissioner shall appoint an individual as successor to 
5.8 	the corporation as a deputy registrar. The commissioner shall appoint as the successor 
5.9 	agent to a corporation whose appointment expires under this paragraph an officer of the 
5.10 	corporation if the officer applies for appointment before July 1,   2012.
5.11 	(h) Each deputy registrar appointed under this subdivision shall keep and maintain 
5.12 	office locations approved by the commissioner for the registration of vehicles and the 
5.13 	collection of taxes and fees on vehicles.
5.14 	(i) The deputy registrar shall keep records and make reports to the commissioner as 
5.15 	the commissioner requires. The records must be maintained at the offices of the deputy 
5.16 	registrar. The records and offices of the deputy registrar must at all times be open to the 
5.17 	inspection of the commissioner or the commissioner's agents. The deputy registrar shall 
5.18 	report to the commissioner by the next working day following receipt all registrations 
5.19 	made and taxes and fees collected by the deputy registrar.
5.20 	(j) The filing fee imposed under subdivision 7 must be deposited in the treasury of 
5.21 	the place for which appointed or, if not a public official, a deputy shall retain the filing 
5.22 	fee, but the registration tax and any additional fees for delayed registration the deputy 
5.23 	registrar has collected the deputy registrar shall deposit by the next working day following 
5.24 	receipt in an approved state depository to the credit of the state through the commissioner 
5.25 	of finance. The place for which the deputy registrar is appointed through its governing 
5.26 	body must provide the deputy registrar with facilities and personnel to carry out the duties 
5.27 	imposed by this subdivision if the deputy is a public official. In all other cases, the deputy 
5.28 	shall maintain a suitable facility for serving the public.

5.29 	Sec. 5. Minnesota Statutes 2008, section 168B.06, subdivision 1, is amended to read:
5.30 		Subdivision 1.Written notice of impound. (a) When an impounded vehicle is 
5.31 	taken into custody, the unit of government or impound lot operator taking it into custody 
5.32 	shall give written notice of the taking within five days to the registered vehicle owner 
5.33 	and any lienholders.
5.34 	(b) The notice must:
5.35 	(1) set forth the date and place of the taking;
6.1 	(2) provide the year, make, model, and serial number of the impounded motor 
6.2 	vehicle, if such information can be reasonably obtained, and the place where the vehicle 
6.3 	is being held;
6.4 	(3) inform the owner and any lienholders of their right to reclaim the vehicle under 
6.5 	section 168B.07;
6.6 	(4) state that failure of the owner or lienholders to:
6.7 	(i) exercise their right to reclaim the vehicle within the appropriate time allowed 
6.8 	under section 168B.051, subdivision 1, 1a, or 2, and under the conditions set forth in 
6.9 	section 168B.07, subdivision 1, constitutes a waiver by them of all right, title, and interest 
6.10 	in the vehicle and a consent to the transfer of title to and disposal or sale of the vehicle 
6.11 	pursuant to section 168B.08; or
6.12 	(ii) exercise their right to reclaim the contents of the vehicle within the appropriate 
6.13 	time allowed and under the conditions set forth in section 168B.07, subdivision 3, 
6.14 	constitutes a waiver by them of all right, title, and interest in the contents and consent to 
6.15 	sell or dispose of the contents under section 168B.08; and
6.16 	(5) state that a vehicle owner who provides to the impound lot operator 
6.17 	documentation from a government or nonprofit agency or legal aid office that the owner 
6.18 	is homeless, receives relief based on need, or is eligible for legal aid services, or has a 
6.19 	household income at or below 50 percent of state median income has the unencumbered 
6.20 	right to retrieve any and all contents without charge.

6.21 	Sec. 6. Minnesota Statutes 2008, section 168B.07, subdivision 3, is amended to read:
6.22 		Subd. 3.Retrieval of contents. (a) For purposes of this subdivision:
6.23 	(1) "contents" does not include any permanently affixed mechanical or 
6.24 	nonmechanical automobile parts; automobile body parts; or automobile accessories, 
6.25 	including audio or video players; and
6.26 	(2) "relief based on need" includes, but is not limited to, receipt of MFIP 
6.27 	and Diversionary Work Program, medical assistance, general assistance, general 
6.28 	assistance medical care, emergency general assistance, Minnesota supplemental aid, 
6.29 	MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy 
6.30 	assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota 
6.31 	working family tax credit.
6.32 	(b) A unit of government or impound lot operator shall establish reasonable 
6.33 	procedures for retrieval of vehicle contents, and may establish reasonable procedures to 
6.34 	protect the safety and security of the impound lot and its personnel.
7.1 	(c) At any time before the expiration of the waiting periods provided in section 
7.2 	168B.051, a registered owner who provides documentation from a government or 
7.3 	nonprofit agency or legal aid office that the registered owner is homeless, receives relief 
7.4 	based on need, or is eligible for legal aid services, or has a household income at or below 
7.5 	50 percent of state median income has the unencumbered right to retrieve any and all 
7.6 	contents without charge and regardless of whether the registered owner pays incurred 
7.7 	charges or fees, transfers title, or reclaims the vehicle.

7.8 	Sec. 7. Minnesota Statutes 2008, section 169.041, subdivision 5, is amended to read:
7.9 		Subd. 5.Towing prohibited. Unless the vehicle is described in subdivision 4, A 
7.10 	towing authority may not tow a motor vehicle because:
7.11 	(1) the vehicle has expired registration tabs that have been expired for less than 
7.12 	90 days;
7.13 	(2) the vehicle is at a parking meter on which the time has expired and the vehicle 
7.14 	has fewer than five unpaid parking tickets unless:
7.15 	(i) the vehicle is parked in violation of snow emergency regulations;
7.16 	(ii) the vehicle is parked in a rush-hour restricted parking area;
7.17 	(iii) the vehicle is blocking a driveway, alley, or fire hydrant;
7.18 	(iv) the vehicle is parked in a bus lane, or at a bus stop, during hours when parking 
7.19 	is prohibited;
7.20 	(v) the vehicle is parked within 30 feet of a stop sign and visually blocking the 
7.21 	stop sign;
7.22 	(vi) the vehicle is parked in a disability transfer zone or disability parking space 
7.23 	without a disability parking certificate or disability license plates;
7.24 	(vii) the vehicle is parked in an area that has been posted for temporary restricted 
7.25 	parking (A) at least 12 hours in advance in a home rule charter or statutory city having 
7.26 	a population under 50,000, or (B) at least 24 hours in advance in another political 
7.27 	subdivision;
7.28 	(viii) the vehicle is parked within the right-of-way of a controlled-access highway or 
7.29 	within the traveled portion of a public street when travel is allowed there;
7.30 	(ix) the vehicle is unlawfully parked in a zone that is restricted by posted signs to 
7.31 	use by fire, police, public safety, or emergency vehicles;
7.32 	(x) the vehicle is unlawfully parked on property at the Minneapolis-St. Paul 
7.33 	International Airport owned by the Metropolitan Airports Commission;
8.1 	(xi) a law enforcement official has probable cause to believe that the vehicle is 
8.2 	stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is 
8.3 	reasonably necessary to obtain or preserve the evidence;
8.4 	(xii) the driver, operator, or person in physical control of the vehicle is taken into 
8.5 	custody and the vehicle is impounded for safekeeping;
8.6 	(xiii) a law enforcement official has probable cause to believe that the owner, 
8.7 	operator, or person in physical control of the vehicle has failed to respond to five or more 
8.8 	citations for parking or traffic offenses;
8.9 	(xiv) the vehicle is unlawfully parked in a zone that is restricted by posted signs 
8.10 	to use by taxicabs;
8.11 	(xv) the vehicle is unlawfully parked and prevents egress by a lawfully parked 
8.12 	vehicle;
8.13 	(xvi) the vehicle is parked, on a school day during prohibited hours, in a school zone 
8.14 	on a public street where official signs prohibit parking; or
8.15 	(xvii) the vehicle is a junk, abandoned, or unauthorized vehicle, as defined in section 
8.16 	168B.011, and subject to immediate removal under chapter 168B.

8.17 	Sec. 8. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 
8.18 	to read:
8.19 		Subd. 37a.Enhanced driver's license. "Enhanced driver's license" means a license, 
8.20 	instruction permit, or provisional license, to operate a motor vehicle issued or issuable 
8.21 	under the laws of this state by the commissioner of public safety that denotes citizenship 
8.22 	and identity and contains technology and security features approved by the secretary of 
8.23 	the United States Department of Homeland Security. An enhanced driver's license may be 
8.24 	used in the same manner as a driver's license, instruction permit, or provisional license, 
8.25 	and is approved by the secretary of the United States Department of Homeland Security 
8.26 	for purposes of entering the United States. All provisions in this chapter relating to drivers' 
8.27 	licenses, instruction permits, and provisional licenses, including cancellation, suspension, 
8.28 	revocation, reinstatement, examination, restriction, expiration, renewal, and unlawful acts 
8.29 	and violations, apply to an enhanced driver's license.

8.30 	Sec. 9. Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision 
8.31 	to read:
8.32 		Subd. 37b.Enhanced identification card. "Enhanced identification card" means an 
8.33 	identification card issued or issuable under the laws of this state by the commissioner of 
8.34 	public safety that denotes citizenship and identity and contains technology and security 
9.1 	features approved by the secretary of the United States Department of Homeland Security. 
9.2 	An enhanced identification card may be used in the same manner as an identification card 
9.3 	and is approved by the secretary of the United States Department of Homeland Security 
9.4 	for purposes of entering the United States.

9.5 	Sec. 10. Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision 
9.6 	to read:
9.7 		Subd. 3.Persons not eligible for enhanced driver's license. The department shall 
9.8 	not issue an enhanced driver's license to any person who is:
9.9 	(1) under 16 years of age;
9.10 	(2) not a resident of this state;
9.11 	(3) not a citizen of the United States of America; or
9.12 	(4) described in subdivision 1, clauses (4) to (12), or (14).

9.13 	Sec. 11. Minnesota Statutes 2008, section 171.06, subdivision 1, is amended to read:
9.14 		Subdivision 1.Forms of application. Every application for a Minnesota 
9.15 	identification card, for an enhanced identification card, for an instruction permit, for a 
9.16 	provisional license, or for a driver's license, or for an enhanced driver's license  must be 
9.17 	made in a format approved by the department, and every application must be accompanied 
9.18 	by the proper fee. All first-time applications and change-of-status applications must be 
9.19 	signed in the presence of the person authorized to accept the application, or the signature 
9.20 	on the application may be verified by a notary public. All applications requiring evidence 
9.21 	of legal presence in the United States or United States citizenship must be signed in 
9.22 	the presence of the person authorized to accept the application, or the signature on the 
9.23 	application may be verified by a notary public.

9.24 	Sec. 12. Minnesota Statutes 2008, section 171.06, subdivision 2, is amended to read:
9.25 		Subd. 2.Fees. (a) The fees for a license and Minnesota identification card are 
9.26 	as follows:

9.27	Classified Driver's License
		D-$22.25
	C-$26.25
	B-$33.25
	A-$41.25
	
9.28	Classified Under-21 D.L.
		D-$22.25
	C-$26.25
	B-$33.25
	A-$21.25
	
9.29	Enhanced Driver's License
		D-$37.25
	C-$41.75
	B-$48.25
	A-$56.25
	
9.30	Instruction Permit
					$10.25
	
9.31
9.32	Enhanced Instruction 
Permit
					$25.25
	
9.33	Provisional License
					$13.25
	
9.34
9.35	Enhanced Provisional 
License
					$28.25
	
10.1
10.2
10.3	Duplicate License or 
duplicate identification 
card
					$11.75
	
10.4
10.5
10.6
10.7	Enhanced Duplicate 
License or enhanced 
duplicate identification 
card
					$26.75
	
10.8
10.910.10
10.11
10.12
10.13
10.14
	Minnesota identification 
card or Under-21 
Minnesota identification 
card, other than duplicate, 
except as otherwise 
provided in section 171.07, 
subdivisions 3 and 3a
					$16.25
	
10.15
10.16	Enhanced Minnesota 
identification card
					$31.25
	
10.17 	In addition to each fee required in this paragraph, the commissioner shall collect a 
10.18 	surcharge of $1.75 until June 30, 2012. Surcharges collected under this paragraph must be 
10.19 	credited to the driver and vehicle services technology account in the special revenue fund 
10.20 	under section 299A.705.
10.21 	(b) Notwithstanding paragraph (a), an individual who holds a provisional license and 
10.22 	has a driving record free of (1) convictions for a violation of section 169A.20, 169A.33, 
10.23 	169A.35, or sections 169A.50 to 169A.53, (2) convictions for crash-related moving 
10.24 	violations, and (3) convictions for moving violations that are not crash related, shall have a 
10.25 	$3.50 credit toward the fee for any classified under-21 driver's license. "Moving violation" 
10.26 	has the meaning given it in section 171.04, subdivision 1.
10.27 	(c) In addition to the driver's license fee required under paragraph (a), the 
10.28 	commissioner shall collect an additional $4 processing fee from each new applicant 
10.29 	or individual renewing a license with a school bus endorsement to cover the costs for 
10.30 	processing an applicant's initial and biennial physical examination certificate. The 
10.31 	department shall not charge these applicants any other fee to receive or renew the 
10.32 	endorsement.

10.33 	Sec. 13. Minnesota Statutes 2008, section 171.06, subdivision 3, is amended to read:
10.34 		Subd. 3. Contents of application; other information. (a) An application must:
10.35 	(1) state the full name, date of birth, sex, and either (i) the residence address of the 
10.36 	applicant, or (ii) designated address under section 5B.05;
10.37 	(2) as may be required by the commissioner, contain a description of the applicant 
10.38 	and any other facts pertaining to the applicant, the applicant's driving privileges, and the 
10.39 	applicant's ability to operate a motor vehicle with safety;
10.40 	(3) state:
11.1 	(i) the applicant's Social Security number; or
11.2 	(ii) if the applicant does not have a Social Security number and is applying for a 
11.3 	Minnesota identification card, instruction permit, or class D provisional or driver's license, 
11.4 	that the applicant certifies that the applicant does not have a Social Security number;
11.5 	(4) in the case of an application for an enhanced driver's license or enhanced 
11.6 	identification card, present:
11.7 	(i) proof satisfactory to the commissioner of the applicant's full legal name, United 
11.8 	States citizenship, identity, date of birth, Social Security number, and residence address; 
11.9 	and
11.10 	(ii) a photographic identity document;
11.11 	(5) contain a space where the applicant may indicate a desire to make an anatomical 
11.12 	gift according to paragraph (b); and
11.13 	(5) (6) contain a notification to the applicant of the availability of a living will/health 
11.14 	care directive designation on the license under section 171.07, subdivision 7.
11.15 	(b) If the applicant does not indicate a desire to make an anatomical gift when 
11.16 	the application is made, the applicant must be offered a donor document in accordance 
11.17 	with section 171.07, subdivision 5. The application must contain statements sufficient to 
11.18 	comply with the requirements of the Darlene Luther Revised Uniform Anatomical Gift 
11.19 	Act, chapter 525A, so that execution of the application or donor document will make 
11.20 	the anatomical gift as provided in section 171.07, subdivision 5, for those indicating a 
11.21 	desire to make an anatomical gift. The application must be accompanied by information 
11.22 	describing Minnesota laws regarding anatomical gifts and the need for and benefits of 
11.23 	anatomical gifts, and the legal implications of making an anatomical gift, including the 
11.24 	law governing revocation of anatomical gifts. The commissioner shall distribute a notice 
11.25 	that must accompany all applications for and renewals of a driver's license or Minnesota 
11.26 	identification card. The notice must be prepared in conjunction with a Minnesota organ 
11.27 	procurement organization that is certified by the federal Department of Health and Human 
11.28 	Services and must include:
11.29 	(1) a statement that provides a fair and reasonable description of the organ donation 
11.30 	process, the care of the donor body after death, and the importance of informing family 
11.31 	members of the donation decision; and
11.32 	(2) a telephone number in a certified Minnesota organ procurement organization that 
11.33 	may be called with respect to questions regarding anatomical gifts.
11.34 	(c) The application must be accompanied also by information containing relevant 
11.35 	facts relating to:
11.36 	(1) the effect of alcohol on driving ability;
12.1 	(2) the effect of mixing alcohol with drugs;
12.2 	(3) the laws of Minnesota relating to operation of a motor vehicle while under the 
12.3 	influence of alcohol or a controlled substance; and
12.4 	(4) the levels of alcohol-related fatalities and accidents in Minnesota and of arrests 
12.5 	for alcohol-related violations.

12.6 	Sec. 14. Minnesota Statutes 2008, section 171.06, subdivision 6, is amended to read:
12.7 		Subd. 6.Compliance with selective service system registration requirements.
 12.8 	(a) By applying for an original, duplicate, or renewal instruction permit, provisional 
12.9 	driver's license, driver's license, enhanced driver's license, commercial driver's license, or
12.10 	state identification card, or enhanced identification card, an applicant under the age of 26, 
12.11 	who is a United States citizen or resident, consents to registration in compliance with the 
12.12 	requirements of the Military Selective Service Act, United States Code, title 50, appendix, 
12.13 	section 453. The application form must state that submission of the application constitutes 
12.14 	consent to registration with the selective service system, if required by federal law.
12.15 	(b) The commissioner shall forward to the selective service system in an electronic 
12.16 	format the necessary personal information required for registration of an applicant 
12.17 	described in paragraph (a). If the applicant is under the age of 18, and the license or card 
12.18 	to be issued will expire after the applicant's 18th birthday, then the commissioner shall 
12.19 	forward the necessary information to the selective service system when the applicant 
12.20 	reaches the age of 18.

12.21 	Sec. 15. Minnesota Statutes 2008, section 171.07, subdivision 3, is amended to read:
12.22 		Subd. 3. Identification card; fee. (a) Upon payment of the required fee, the 
12.23 	department shall issue to every qualifying applicant a Minnesota identification card. The 
12.24 	department may not issue a Minnesota identification card to an individual who has a 
12.25 	driver's license, other than a limited license. The department may not issue an enhanced 
12.26 	identification card to an individual who is under 16 years of age, not a resident of this 
12.27 	state, or not a citizen of the United States of America. The card must bear a distinguishing 
12.28 	number assigned to the applicant; a colored photograph or an electronically produced 
12.29 	image of the applicant; the applicant's full name and date of birth; either (1) the licensee's 
12.30 	residence address, or (2) the designated address under section 5B.05; a description of the 
12.31 	applicant in the manner as the commissioner deems necessary; and the usual signature of 
12.32 	the applicant. 
12.33 	(b) If the United States Postal Service will not deliver mail to the applicant's 
12.34 	residence address as listed on the Minnesota identification card, then the applicant shall 
13.1 	provide verification from the United States Postal Service that mail will not be delivered 
13.2 	to the applicant's residence address and that mail will be delivered to a specified alternate 
13.3 	mailing address. When an applicant provides an alternate mailing address under this 
13.4 	subdivision, the commissioner shall use the alternate mailing address in lieu of the 
13.5 	applicant's residence address for all notices and mailings to the applicant. 
13.6 	(c) Each identification card issued to an applicant under the age of 21 must be of a 
13.7 	distinguishing color and plainly marked "Under-21." 
13.8 	(d) Each Minnesota identification card must be plainly marked "Minnesota 
13.9 	identification card - not a driver's license." 
13.10 	(e) The fee for a Minnesota identification card is 50 cents when issued to a person 
13.11 	who is developmentally disabled, as defined in section 252A.02, subdivision 2; a 
13.12 	physically disabled person, as defined in section 169.345, subdivision 2; or, a person with 
13.13 	mental illness, as described in section 245.462, subdivision 20, paragraph (c). 

13.14 	Sec. 16. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
13.15 	to read:
13.16 		Subd. 9a.Security for enhanced driver's license and identification card. An 
13.17 	enhanced driver's license or enhanced identification card must include reasonable security 
13.18 	measures to prevent counterfeiting and to protect against unauthorized disclosure of 
13.19 	personal information regarding residents of this state that is contained in the enhanced 
13.20 	driver's license or enhanced identification card. The enhanced driver's license must include 
13.21 	the best available anticounterfeit laminate technology. The enhanced driver's license or 
13.22 	enhanced identification card may include radio frequency identification technology that 
13.23 	is limited to a randomly assigned number, which must be encrypted if agreed to by the 
13.24 	United States Department of Homeland Security and does not include biometric data 
13.25 	or any information other than the citizenship status of the license holder or cardholder. 
13.26 	The commissioner shall ensure that the radio frequency identification technology is 
13.27 	secure from unauthorized data access. An applicant must sign an acknowledgment of 
13.28 	understanding of the radio frequency identification technology and its use for the sole 
13.29 	purpose of verifying United States citizenship before being issued an enhanced driver's 
13.30 	license or an enhanced identification card.

13.31 	Sec. 17. Minnesota Statutes 2008, section 171.07, is amended by adding a subdivision 
13.32 	to read:
14.1 		Subd. 15.Enhanced driver's license and identification card. For purposes of this 
14.2 	section, "license" includes "enhanced driver's license," and "identification card" includes 
14.3 	"enhanced identification card."

14.4 	Sec. 18. Minnesota Statutes 2008, section 171.071, is amended by adding a subdivision 
14.5 	to read:
14.6 		Subd. 3.Exception. Subdivisions 1 and 2 do not apply to the commissioner's 
14.7 	requirements pertaining to a photograph or electronically produced image on an enhanced 
14.8 	driver's license or an enhanced identification card.

14.9 	Sec. 19. Minnesota Statutes 2008, section 171.18, subdivision 1, is amended to read:
14.10 		Subdivision 1.Offenses. (a) The commissioner may suspend the license of a driver 
14.11 	without preliminary hearing upon a showing by department records or other sufficient 
14.12 	evidence that the licensee:
14.13 	(1) has committed an offense for which mandatory revocation of license is required 
14.14 	upon conviction;
14.15 	(2) has been convicted by a court for violating a provision of chapter 169 or 
14.16 	an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and 
14.17 	department records show that the violation contributed in causing an accident resulting in 
14.18 	the death or personal injury of another, or serious property damage;
14.19 	(3) is an habitually reckless or negligent driver of a motor vehicle;
14.20 	(4) is an habitual violator of the traffic laws;
14.21 	(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
14.22 	(6) has permitted an unlawful or fraudulent use of the license;
14.23 	(7) has committed an offense in another state that, if committed in this state, would 
14.24 	be grounds for suspension;
14.25 	(8) has committed a violation of section 169.444, subdivision 2, paragraph (a), 
14.26 	within five years of a prior conviction under that section;
14.27 	(9) has committed a violation of section 171.22, except that the commissioner may 
14.28 	not suspend a person's driver's license based solely on the fact that the person possessed a 
14.29 	fictitious or fraudulently altered Minnesota identification card;
14.30 	(10) has failed to appear in court as provided in section 169.92, subdivision 4;
14.31 	(11) has failed to report a medical condition that, if reported, would have resulted in 
14.32 	cancellation of driving privileges;
14.33 	(12) has been found to have committed an offense under section 169A.33; or
15.1 	(13) has paid or attempted to pay a fee required under this chapter for a license or 
15.2 	permit by means of a dishonored check issued to the state or a driver's license agent, 
15.3 	which must be continued until the registrar determines or is informed by the agent that 
15.4 	the dishonored check has been paid in full.
15.5 	However, an action taken by the commissioner under clause (2) or (5) must conform to 
15.6 	the recommendation of the court when made in connection with the prosecution of the 
15.7 	licensee.
15.8 	(b) Notwithstanding paragraph (a), section 171.16, subdivision 2, or any other law, 
15.9 	the commissioner may not suspend the driver's license of an individual under paragraph 
15.10 	(a) who was convicted of a violation of section 171.24, subdivision 1, whose license 
15.11 	was under suspension at the time solely because of the individual's failure to appear in 
15.12 	court or failure to pay a fine 1a.

15.13 	Sec. 20. Minnesota Statutes 2008, section 171.24, is amended by adding a subdivision 
15.14 	to read:
15.15 		Subd. 1a.Driving after suspension for failure to appear or pay fines; 
15.16 	misdemeanor. A person is guilty of a misdemeanor if:
15.17 	(1) the person's driver's license or driving privilege has been suspended for no reason 
15.18 	other than unpaid fines or failure to appear in court;
15.19 	(2) the person has been given notice of or reasonably should know of the suspension; 
15.20 	and
15.21 	(3) the person disobeys the order by operating in this state any motor vehicle, the 
15.22 	operation of which requires a driver's license, while the person's license or privilege 
15.23 	is suspended.

15.24 	Sec. 21. Minnesota Statutes 2008, section 171.306, subdivision 1, is amended to read:
15.25 		Subdivision 1.Pilot project established; reports. The commissioner shall conduct 
15.26 	a statewide two-year ignition interlock device pilot project as provided in this section. 
15.27 	The commissioner shall select one metropolitan county and one rural county to participate 
15.28 	in the pilot project. The pilot project must begin on July 1, 2007 2009, and continue until 
15.29 	June 30, 2009 2011. The commissioner shall submit twoa preliminary reportsreport by 
15.30 	February 1, 2008, and by December 1, 2008 September 30, 2010, and a final report by 
15.31 	September 1 30, 2009 2011, to the chairs and ranking minority members of the senate and 
15.32 	house of representatives committees having jurisdiction over criminal justice policy and 
15.33 	funding. The reports must evaluate the successes and failures of the pilot project, provide 
15.34 	information on participation rates, and make recommendations on continuing the project.

16.1 	Sec. 22. Minnesota Statutes 2008, section 171.306, subdivision 3, is amended to read:
16.2 		Subd. 3.Pilot project components. (a) Under the pilot project, the commissioner 
16.3 	shall issue a driver's license to an individual whose driver's license has been revoked or 
16.4 	canceled under: (1) chapter 169A for a repeatan impaired driving incident; (2) section 
16.5 	169A.33 for underage drinking and driving; or (3) section 609.21 for criminal vehicular 
16.6 	homicide or operation, if the person qualifies under this section and agrees to all of the 
16.7 	conditions of the project.
16.8 	(b) The commissioner must denote the person's driver's license record to indicate the 
16.9 	person's participation in the program. The license must authorize the person to drive only 
16.10 	vehicles having functioning ignition interlock devices conforming with the requirements 
16.11 	of subdivision 2.
16.12 	(c) Notwithstanding any statute or rule to the contrary, the commissioner has 
16.13 	authority to and shall determine the appropriate period for which a person participating in 
16.14 	the ignition interlock pilot program shall be subject to this program, and when the person 
16.15 	is eligible to be issued:
16.16 	(1) a limited driver's license subject to the ignition interlock restriction;
16.17 	(2) full driving privileges subject to the ignition interlock restriction; and
16.18 	(3) a driver's license without an ignition interlock restriction.
16.19 	(d) A person participating in this pilot project shall agree to participate in any 
16.20 	treatment recommended by a chemical use assessment.
16.21 	(e) The commissioner shall determine guidelines for participation in the project. 
16.22 	A person participating in the project shall sign a written agreement accepting these 
16.23 	guidelines and agreeing to comply with them.
16.24 	(f) It is a misdemeanor for a person who is licensed under this section for driving 
16.25 	a vehicle equipped with an ignition interlock device to drive, operate, or be in physical 
16.26 	control of a motor vehicle other than a vehicle properly equipped with an ignition 
16.27 	interlock device.
16.28 	(g) No driver's license, criminal, or probation violation sanction relating to positive 
16.29 	alcohol tests may be assessed upon a participant, unless the device in use provides a 
16.30 	method for positive identification of the individual providing the breath sample.

16.31 	Sec. 23. Minnesota Statutes 2008, section 174.03, subdivision 1a, is amended to read:
16.32 		Subd. 1a.Revision of state statewide transportation plan. (a) The commissioner 
16.33 	shall revise the state statewide transportation plan by January 1, 1996, January 1, 2000
16.34 	2010, and, if the requirements of clauses (1) and (2) have been met in the previous 
16.35 	revision, by January 1 of every third even-numbered year thereafter. Before final adoption 
17.1 	of a revised plan, the commissioner shall hold a hearing to receive public comment on the 
17.2 	preliminary draft of the revised plan. The revised state statewide transportation plan must:
17.3 	(1) incorporate the goals of the state transportation system in section 174.01; and  
17.4 	(2) establish objectives, policies, and strategies for achieving those goals.
17.5 	(b) The commissioner shall include in the next revision of the statewide 
17.6 	transportation plan a study on the feasibility of establishing commuter transit service in 
17.7 	the Little Crow transit way, along or near marked Trunk Highway 12 between Willmar 
17.8 	and downtown Minneapolis.

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

17.10 	Sec. 24. [174.632] COMMISSIONER'S DUTIES.
17.11 	The commissioner is responsible for all aspects of planning, designing, developing, 
17.12 	constructing, equipping, operating, and maintaining passenger rail, including system 
17.13 	planning, alternatives analysis, environmental studies, preliminary engineering, final 
17.14 	design, construction, negotiating with railroads, and developing financial and operating 
17.15 	plans. The commissioner may enter into a memorandum of understanding or agreement 
17.16 	with a public or private entity, including a regional railroad authority, a joint powers board, 
17.17 	and a railroad, to carry out these activities.

17.18 	Sec. 25. [174.634] PASSENGER RAIL FUNDING.
17.19 	The commissioner may apply for funding from federal, state, regional, local, and 
17.20 	private sources to carry out the commissioner's duties in section 174.632.

17.21 	Sec. 26. [174.636] EXERCISE OF POWER; PASSENGER RAIL.
17.22 	(a) The commissioner has all powers necessary to carry out the duties specified 
17.23 	in section 174.632. In the exercise of those powers, the commissioner may acquire by 
17.24 	purchase, gift, or by eminent domain proceedings as provided by law, all land and property 
17.25 	necessary to preserve future passenger rail corridors or to construct, maintain, and improve 
17.26 	passenger rail corridors, to let all necessary contracts as provided by law, and to make 
17.27 	agreements with and cooperate with any governmental authority or private entity to carry 
17.28 	out statutory duties related to passenger rail.
17.29 	(b) The commissioner shall consult with metropolitan planning organizations and 
17.30 	regional rail authorities in areas where passenger rail corridors are under consideration 
17.31 	to ensure that passenger rail services are integrated with existing rail and transit services 
17.32 	and other transportation facilities to provide as nearly as possible connected, efficient, 
17.33 	and integrated services.

18.1 	Sec. 27. [174.638] DESIGN-BUILD CONTRACTING.
18.2 	The commissioner may utilize the design-build method of contracting, under 
18.3 	sections 161.3410 to 161.3428, in connection with the planning, design, development, 
18.4 	and construction of a high-speed passenger rail line connecting Chicago, La Crescent, 
18.5 	Winona, Red Wing, and the Union Depot Concourse Multimodal Transit Hub, located in 
18.6 	downtown St. Paul in the area south of Kellogg Boulevard and east of Jackson Street and 
18.7 	the potential future connection to Minneapolis.

18.8 	Sec. 28. [174.639] FUNDING.
18.9 	Section 174.88 does not apply to the commissioner's performance of duties and 
18.10 	exercise of powers under sections 174.632 to 174.638.

18.11 	Sec. 29. Minnesota Statutes 2008, section 219.01, is amended to read:
18.12 	219.01 TRACK SAFETY STANDARDS; SAFETY TECHNOLOGY GRANTS.
18.13 	(a) The track safety standards of the United States Department of Transportation and 
18.14 	Federal Railroad Administration apply to railroad trackage and are the standards for the 
18.15 	determination of unsafe trackage within the state.
18.16 	(b) The commissioner of transportation shall apply to the Federal Railroad 
18.17 	Administration under Public Law 110-432, the Railroad Safety Enhancement Act of 
18.18 	2008 (the act), for (1) railroad safety technology grant funding available under section 
18.19 	105 of the act and (2) development and installation of rail safety technology, including 
18.20 	provision for switch position indicator signals in nonsignalized main track territory, 
18.21 	under section 406 of the act. The commissioner shall respond and make application to 
18.22 	the Federal Railroad Administration notice of funds availability under the Rail Safety 
18.23 	Assurance Act in a timely manner and before the date of the program deadline to assure 
18.24 	full consideration of the application. The commissioner shall (i) prioritize grant requests 
18.25 	for the installation of switch indicator signals on all segments of nonsignalized track 
18.26 	where posted speeds are in excess of 20 miles per hour and (ii) apply for grant funding in 
18.27 	each year after 2009 until all nonsignalized track territory in the state has switch indicator 
18.28 	signals installed and in operation.
18.29 	(c) Prior to applying for funds under paragraph (b), the commissioner shall solicit 
18.30 	grant requests from all eligible railroads. The commissioner shall submit written notice to 
18.31 	the chairs of the legislative committees with jurisdiction over transportation policy and 
18.32 	finance of a declination by a class one or class two railroad of federal grant program 
18.33 	funding for switch point indicator monitor systems.
19.1 	(d) Participating railroads shall provide the 20 percent nonfederal match. Railroads 
19.2 	shall provide all technical documentation requested by the commissioner and required by 
19.3 	the Federal Railroad Administration for the applications under paragraph (b). Railroads 
19.4 	are responsible for developing, acquiring, and installing all rail safety technology obtained 
19.5 	under this section in accordance with requirements established by the Federal Railroad 
19.6 	Administration.

19.7 	Sec. 30. STUDY OF MANDATORY 24-HOUR VEHICLE LIGHTING.
 19.8 	(a) The commissioner of public safety, in cooperation with the commissioner of 
19.9 	transportation, shall study the mandatory 24-hour use of vehicle lighting by vehicles 
19.10 	on public highways. The study must examine the experience of jurisdictions in this 
19.11 	country, Canada, and the European Union, that require 24-hour display of vehicle lighting, 
19.12 	including but not limited to:
19.13 	(1) environmental consequences;
19.14 	(2) crash prevention;
19.15 	(3) motorcycle, bicycle, and pedestrian safety;
19.16 	(4) cost to drivers; and
19.17 	(5) application to motorcycles.
19.18 	(b) By January 15, 2011, the commissioners of transportation and public safety shall 
19.19 	report their findings and recommendations to the chairs and ranking minority members of 
19.20 	the legislative committees with jurisdiction over transportation policy. The report must be 
19.21 	made electronically and available in print only upon request.
19.22 	(c) The commissioners of public safety and transportation shall study and report 
19.23 	under this section within current appropriations.

19.24 	Sec. 31. PASSENGER RAIL REPORT.
 19.25 	By February 1, 2010, the commissioner of transportation shall report to the chairs 
19.26 	and ranking minority members of the legislative committees with jurisdiction over 
19.27 	transportation policy and finance concerning the status of passenger rail in this state. 
19.28 	The report must be made electronically and made available in print only upon request. 
19.29 	The report must include a summary of the current status of passenger rail projects and 
19.30 	recommend:
19.31 	(1) a public participation process for intercity passenger rail planning;
19.32 	(2) appropriate participation and levels of review by local units of government;
19.33 	(3) future sources of funding for capital costs and operations;
19.34 	(4) definitions to distinguish passenger rail from commuter rail;
20.1 	(5) legislative changes to facilitate and improve the passenger rail planning 
20.2 	processes and operation;
20.3 	(6) state and local operating subsidy mechanisms designed to create local tax equity 
20.4 	between communities served by passenger rail and communities served by commuter 
20.5 	rail; and
20.6 	(7) recommend actions to provide service with geographic balance across the state.

20.7 	Sec. 32. ECONOMIC RECOVERY FUNDS APPLICATION.
 20.8 	The commissioner of transportation shall work in cooperation with the state of 
20.9 	Wisconsin to prepare and submit timely application under the American Recovery and 
20.10 	Reinvestment Act of 2009, Public Law 111-5, for grant funding relating to the planning, 
20.11 	design, development, and construction of a high-speed passenger rail line connecting 
20.12 	Chicago, La Crescent, Winona, Red Wing, and the Union Depot Concourse Multimodal 
20.13 	Transit Hub, located in downtown St. Paul in the area south of Kellogg Boulevard and 
20.14 	east of Jackson Street and the potential future connection to Minneapolis.

20.15 	Sec. 33. AGREEMENT FOR ENHANCED LICENSE AND IDENTIFICATION 
20.16 	CARD.
 20.17 	The commissioner of public safety shall enter into an agreement with the secretary 
20.18 	of the United States Department of Homeland Security to develop an enhanced Minnesota 
20.19 	driver's license and an enhanced Minnesota identification card to be designated by the 
20.20 	secretary as acceptable documents to denote identity and citizenship for purposes of 
20.21 	entering the United States at land and sea ports of entry upon implementation of section 
20.22 	7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (United States 
20.23 	Code, title 8, section 1185 Note).

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

20.25 	Sec. 34. RULEMAKING.
 20.26 	The commissioner of public safety shall amend Minnesota Rules, parts 7410.0100, 
20.27 	7410.0400, and 7410.0410, so that an applicant for an enhanced driver's license or 
20.28 	enhanced identification card must prove United States citizenship and otherwise comply 
20.29 	with applicable requirements of Minnesota Statutes, section 171.06, subdivision 3. The 
20.30 	amendments must be adopted pursuant to Minnesota Statutes, sections 14.131 to 14.20.

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

21.1 	Sec. 35.  REPEALER.
 21.2 	Minnesota Statutes 2008, section 169.041, subdivisions 3 and 4, are repealed.

21.3 	Sec. 36. EFFECTIVE DATE.
 21.4 	Sections 8 to 18 are effective June 1, 2009, for every enhanced driver's license and 
21.5 	enhanced identification card that is issued on or after January 1, 2010.