HF 2685

CCR--HF2685 - 87th Legislature (2011 - 2012)

Posted on 05/05/2012 01:32 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 2685 1.2A bill for an act 1.3relating to transportation; modifying provisions governing transportation policy 1.4and finance, including trunk highway designation, work and contracting on trunk 1.5highways, motor vehicles, motor vehicle weight limit regulations, motor vehicle 1.6titles, electric-assisted bicycles and related regulations, bridge inspections, 1.7special veterans license plates, pupil transportation, municipal state-aid street 1.8fund eligibility and apportionment, small vehicle passenger service, driver and 1.9vehicle information system, deputy registrars of motor vehicles, civilian escort 1.10drivers, bicycle equipment, school buses, small business contracts, and legislative 1.11reports; making contingent appropriations; setting fees; renumbering statutes; 1.12making technical changes;amending Minnesota Statutes 2010, sections 160.27, 1.13by adding a subdivision; 160.2715; 161.14, by adding a subdivision; 161.20, 1.14subdivision 4; 161.321; 161.3212; 162.09, by adding a subdivision; 165.01; 1.15165.03; 168.002, subdivisions 19, 20; 168.012, by adding a subdivision; 168.013, 1.16subdivision 3, by adding a subdivision; 168.185; 168A.03, subdivision 1; 1.17168A.07, subdivision 1; 169.011, subdivisions 4, 27, 44, 45; 169.06, subdivision 1.184; 169.222, subdivisions 4, 6, 7, by adding subdivisions; 169.223, subdivisions 1.191, 5; 169.72, subdivision 1; 169.86, subdivision 3b; 169.872, subdivision 1a; 1.20169.98, subdivisions 1, 3; 171.01, subdivision 41; 171.02, subdivision 2b; 1.21174.03, subdivision 1b; 221.091, subdivision 2; 299D.085, subdivision 1, by 1.22adding a subdivision; 299D.09; 473.388, subdivisions 2, 4; 604A.21, subdivision 1.235; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5; 168.123, 1.24subdivision 1; 171.075, subdivision 1; 299A.705, subdivision 3; Laws 2009, 1.25chapter 158, section 10; Laws 2011, First Special Session chapter 3, article 1, 1.26section 4; proposing coding for new law in Minnesota Statutes, chapters 161; 1.27171; 375; repealing Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 1.288810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700. 1.29May 5, 2012 1.30The Honorable Kurt Zellers 1.31Speaker of the House of Representatives 1.32The Honorable Michelle L. Fischbach 1.33President of the Senate 1.34We, the undersigned conferees for H. F. No. 2685 report that we have agreed upon 1.35the items in dispute and recommend as follows: 1.36That the Senate recede from its amendments and that H. F. No. 2685 be further 1.37amended as follows: 1.38Delete everything after the enacting clause and insert: 2.1"ARTICLE 1 2.2TRUNK HIGHWAY FUND APPROPRIATIONS 2.3 2.4 Section 1. new text begin TRUNK HIGHWAY new text end new text begin APPROPRIATIONS new text end new text begin $ new text end new text begin 17,530,000 new text end 2.5 2.6 new text begin Subdivision 1. new text end new text begin Appropriations for new text end new text begin Transportation new text end 2.7 new text begin These appropriations are to the commissioner new text end 2.8 new text begin of transportation for the purposes specified in new text end 2.9 new text begin this section. new text end 2.10 new text begin Unless otherwise specified, these new text end 2.11 new text begin appropriations are for fiscal year 2013 from new text end 2.12 new text begin the trunk highway fund and are available new text end 2.13 new text begin until expended. new text end 2.14 new text begin Subd. 2. new text end new text begin Willmar District Headquarters new text end new text begin 7,500,000 new text end 2.15 new text begin To design, construct, furnish, and equip a new text end 2.16 new text begin maintenance facility addition to the existing new text end 2.17 new text begin Willmar district headquarters building, new text end 2.18 new text begin and corresponding remodeling of the new text end 2.19 new text begin headquarters building. new text end 2.20 new text begin Subd. 3. new text end new text begin Plymouth Truck Station new text end new text begin 5,600,000 new text end 2.21 new text begin To construct and equip a new truck station new text end 2.22 new text begin and bridge crew building in Plymouth. new text end 2.23 new text begin Subd. 4. new text end new text begin Cambridge Truck Station new text end new text begin 3,300,000 new text end 2.24 new text begin To design, construct, furnish, and equip a new new text end 2.25 new text begin truck station facility in Cambridge, including new text end 2.26 new text begin ancillary buildings and site improvements. new text end 2.27 2.28 new text begin Subd. 5. new text end new text begin Crookston, Eden Prairie, and new text end new text begin Mendota Truck Station Design new text end new text begin 1,100,000 new text end 2.29 new text begin To design new additions to the existing truck new text end 2.30 new text begin station buildings in Crookston, Eden Prairie, new text end 2.31 new text begin and Mendota. new text end 2.32 2.33 new text begin Subd. 6. new text end new text begin Overweight Motor Vehicle new text end new text begin Registration Collection new text end new text begin 30,000 new text end 3.1 new text begin To modify Department of Transportation new text end 3.2 new text begin permit system to allow the department new text end 3.3 new text begin to collect additional registration taxes for new text end 3.4 new text begin overweight motor vehicles. new text end 3.5 new text begin This appropriation is only available if new text end 3.6 new text begin legislation is enacted in the 2012 legislative new text end 3.7 new text begin session authorizing the commissioner to new text end 3.8 new text begin collect a surcharge or additional registration new text end 3.9 new text begin tax on motor vehicles. new text end 3.10    Sec. 2. new text begin EFFECTIVE DATE. new text end 3.11 new text begin This article is effective the day following final enactment. new text end 3.12ARTICLE 2 3.13TRUNK HIGHWAY BONDS 3.14    Section 1. new text begin ROCHESTER MAINTENANCE FACILITY. new text end 3.15 new text begin $16,100,000 is appropriated to the commissioner of transportation to design, new text end 3.16 new text begin construct, furnish, and equip the maintenance facility in Rochester and corresponding new text end 3.17 new text begin remodeling of the existing district headquarters building. This appropriation is from the new text end 3.18 new text begin bond proceeds account in the trunk highway fund. new text end 3.19    Sec. 2. new text begin BOND SALE EXPENSES. new text end 3.20 new text begin $20,000 is appropriated from the bond proceeds account in the trunk highway fund new text end 3.21 new text begin to the commissioner of management and budget for bond sale expenses under Minnesota new text end 3.22 new text begin Statutes, section 167.50, subdivision 4. new text end 3.23    Sec. 3. new text begin TRUNK HIGHWAY FUND BOND PROCEEDS ACCOUNT. new text end 3.24 new text begin To provide the money appropriated in this article from the bond proceeds account new text end 3.25 new text begin in the trunk highway fund, the commissioner of management and budget shall sell and new text end 3.26 new text begin issue bonds of the state in an amount up to $16,120,000 in the manner, upon the terms, new text end 3.27 new text begin and with the effect prescribed by Minnesota Statutes, sections 167.50 to 167.52, and new text end 3.28 new text begin by the Minnesota Constitution, article XIV, section 11, at the times and in the amounts new text end 3.29 new text begin requested by the commissioner of transportation. The proceeds of the bonds, except new text end 3.30 new text begin accrued interest and any premium received from the sale of the bonds, must be credited new text end 3.31 new text begin to the bond proceeds account in the trunk highway fund. new text end 4.1    Sec. 4. new text begin EFFECTIVE DATE. new text end 4.2 new text begin This article is effective the day following final enactment. new text end 4.3ARTICLE 3 4.4TRANSPORTATION POLICY 4.5    Section 1. Minnesota Statutes 2010, section 161.14, is amended by adding a 4.6subdivision to read: 4.7     new text begin Subd. 70. new text end new text begin Black and Yellow Trail. new text end new text begin Trunk Highway signed 14 as of the effective new text end 4.8 new text begin date of this section, from the border with South Dakota to the border with Wisconsin, is new text end 4.9 new text begin designated as the "Black and Yellow Trail." The commissioner shall adopt a suitable new text end 4.10 new text begin design to mark this highway and erect appropriate signs, subject to section 161.139. new text end 4.11    Sec. 2. new text begin [161.3207] CONSTRUCTION MANAGER/GENERAL CONTRACTOR new text end 4.12 new text begin CONTRACTS; DEFINITIONS. new text end 4.13     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin The terms used in sections 161.3207 to 161.3209 have the new text end 4.14 new text begin meanings given them in this section. new text end 4.15     new text begin Subd. 2. new text end new text begin Acceptance. new text end new text begin "Acceptance" means an action of the commissioner new text end 4.16 new text begin authorizing the execution of a construction manager/general contractor contract. new text end 4.17     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of new text end 4.18 new text begin transportation. new text end 4.19     new text begin Subd. 4. new text end new text begin Construction manager/general contractor. new text end new text begin "Construction new text end 4.20 new text begin manager/general contractor" means a proprietorship, partnership, limited liability new text end 4.21 new text begin partnership, joint venture, corporation, any type of limited liability company, professional new text end 4.22 new text begin corporation, or any legal entity selected by the commissioner to act as a construction new text end 4.23 new text begin manager to manage the construction process, which includes, but is not limited to, new text end 4.24 new text begin responsibility for the price, schedule, and execution of preconstruction services or the new text end 4.25 new text begin workmanship of construction performed according to section 161.3209, or both. new text end 4.26     new text begin Subd. 5. new text end new text begin Construction manager/general contractor contract. new text end new text begin "Construction new text end 4.27 new text begin manager/general contractor contract" means a contract for construction of a project new text end 4.28 new text begin between a construction manager/general contractor and the commissioner, which new text end 4.29 new text begin must include terms providing for a price, construction schedule, and workmanship of new text end 4.30 new text begin the construction performed. The construction manager/general contractor contract new text end 4.31 new text begin may include provisions for incremental price contracts for specific work packages, new text end 4.32 new text begin additional work performed, contingencies, or other contract provisions that will allow the new text end 4.33 new text begin commissioner to negotiate time and cost changes to the contract. new text end 5.1     new text begin Subd. 6. new text end new text begin Past performance; experience. new text end new text begin "Past performance" or "experience" does new text end 5.2 new text begin not include the exercise or assertion of a person's legal rights. new text end 5.3     new text begin Subd. 7. new text end new text begin Preconstruction services. new text end new text begin "Preconstruction services" means all new text end 5.4 new text begin non-construction-related services that a construction manager/general contractor is new text end 5.5 new text begin allowed to perform before execution of a construction manager/general contractor contract new text end 5.6 new text begin or work package. new text end 5.7     new text begin Subd. 8. new text end new text begin Preconstruction services contract. new text end new text begin "Preconstruction services contract" new text end 5.8 new text begin means a contract under which a construction manager/general contractor is paid on the new text end 5.9 new text begin basis of the actual cost to perform the work specified in the contract plus an amount for new text end 5.10 new text begin overhead and profit for all preconstruction services. new text end 5.11     new text begin Subd. 9. new text end new text begin Project. new text end new text begin "Project" means any project selected by the commissioner as a new text end 5.12 new text begin construction manager/general contractor project under section 161.3208. new text end 5.13     new text begin Subd. 10. new text end new text begin Request for proposals; RFP. new text end new text begin "Request for proposals" or "RFP" means new text end 5.14 new text begin the document or publication soliciting proposals for a construction manager/general new text end 5.15 new text begin contractor contract. new text end 5.16     new text begin Subd. 11. new text end new text begin Request for qualifications; RFQ. new text end new text begin "Request for qualifications" or "RFQ" new text end 5.17 new text begin means a document or publication used to prequalify and short-list potential construction new text end 5.18 new text begin managers/general contractors. new text end 5.19     new text begin Subd. 12. new text end new text begin Work package. new text end new text begin "Work package" means the scope of work for a defined new text end 5.20 new text begin portion of a project. A defined portion includes construction services on any project new text end 5.21 new text begin aspect, including procuring materials or services. new text end 5.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 5.23 new text begin and expires one year following the acceptance of ten construction manager/general new text end 5.24 new text begin contractor contracts. new text end 5.25    Sec. 3. new text begin [161.3208] CONSTRUCTION MANAGER/GENERAL CONTRACTOR; new text end 5.26 new text begin AUTHORITY. new text end 5.27     new text begin Subdivision 1. new text end new text begin Selection authority; limitation. new text end new text begin Notwithstanding sections 16C.25, new text end 5.28 new text begin 161.32, and 161.321, or any other law to the contrary, the commissioner may select a new text end 5.29 new text begin construction manager/general contractor as provided in section 161.3209, and award a new text end 5.30 new text begin construction manager/general contractor contract. The number of awarded contracts new text end 5.31 new text begin shall not exceed four in any calendar year. new text end 5.32     new text begin Subd. 2. new text end new text begin Determination. new text end new text begin Final determination to use a construction manager/general new text end 5.33 new text begin contractor contracting procedure may be made only by the commissioner. new text end 5.34     new text begin Subd. 3. new text end new text begin Cancellation. new text end new text begin The solicitation of construction manager/general contractor new text end 5.35 new text begin requests for qualifications or proposals does not obligate the commissioner to enter into a new text end 6.1 new text begin construction manager/general contractor contract. The commissioner may accept or reject new text end 6.2 new text begin any or all responses received as a result of the request. The solicitation of proposals may new text end 6.3 new text begin be canceled at any time at the commissioner's sole discretion if cancellation is considered new text end 6.4 new text begin to be in the state's best interest. If the commissioner rejects all responses or cancels the new text end 6.5 new text begin solicitation for proposals, the commissioner may resolicit a request for proposals using the new text end 6.6 new text begin same or different requirements. new text end 6.7     new text begin Subd. 4. new text end new text begin Reporting. new text end new text begin The commissioner shall notify the chairs and ranking minority new text end 6.8 new text begin members of the senate and house of representatives committees with jurisdiction over new text end 6.9 new text begin transportation policy and transportation finance each time the commissioner decides to new text end 6.10 new text begin use the construction manager/general contractor method of procurement and explain why new text end 6.11 new text begin that method was chosen. new text end 6.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 6.13 new text begin and expires one year following the acceptance of ten construction manager/general new text end 6.14 new text begin contractor contracts. new text end 6.15    Sec. 4. new text begin [161.3209] CONSTRUCTION MANAGER/GENERAL CONTRACTOR; new text end 6.16 new text begin PROCEDURES. new text end 6.17     new text begin Subdivision 1. new text end new text begin Solicitation of proposals. new text end new text begin If the commissioner determines that new text end 6.18 new text begin a construction manager/general contractor method of procurement is appropriate for new text end 6.19 new text begin a project, the commissioner shall establish a two-phase procedure for awarding the new text end 6.20 new text begin construction manager/general contractor contract, as described in subdivisions 2 and 3. new text end 6.21     new text begin Subd. 2. new text end new text begin Phase 1 - request for proposals. new text end new text begin (a) The commissioner shall prepare new text end 6.22 new text begin or have prepared an RFP for each construction manager/general contractor contract as new text end 6.23 new text begin provided in this section. The RFP must contain, at a minimum, the following elements: new text end 6.24 new text begin (1) the minimum qualifications of the construction manager/general contractor; new text end 6.25 new text begin (2) the procedures for submitting proposals and the criteria for evaluation of new text end 6.26 new text begin qualifications and the relative weight for each criteria; new text end 6.27 new text begin (3) the form of the contract to be awarded; new text end 6.28 new text begin (4) the scope of intended construction work; new text end 6.29 new text begin (5) a listing of the types of preconstruction services that will be required; new text end 6.30 new text begin (6) an anticipated schedule for commencing and completing the project; new text end 6.31 new text begin (7) any applicable budget limits for the project; new text end 6.32 new text begin (8) the requirements for insurance, statutorily required performance, and payment new text end 6.33 new text begin bonds; new text end 6.34 new text begin (9) the requirements that the construction manager/general contractor provide a new text end 6.35 new text begin letter from a surety or insurance company stating that the construction manager/general new text end 7.1 new text begin contractor is capable of obtaining a performance bond and payment bond covering the new text end 7.2 new text begin estimated contract cost; new text end 7.3 new text begin (10) the method for how construction manager/general contractor fees for the new text end 7.4 new text begin preconstruction services contract will be negotiated; new text end 7.5 new text begin (11) a statement that past performance or experience does not include the exercise new text end 7.6 new text begin or assertion of a person's legal rights; and new text end 7.7 new text begin (12) any other information desired by the commissioner. new text end 7.8 new text begin (b) Before receiving any responses to the RFP: new text end 7.9 new text begin (1) the commissioner shall appoint a technical review committee of at least five new text end 7.10 new text begin individuals, of which one is a Department of Transportation manager who is also a new text end 7.11 new text begin licensed professional engineer in Minnesota; new text end 7.12 new text begin (2) the technical review committee shall evaluate the construction manager/general new text end 7.13 new text begin contractor proposals according to criteria and subcriteria published in the RFP and new text end 7.14 new text begin procedures established by the commissioner. The commissioner shall, as designated in new text end 7.15 new text begin the RFP, evaluate construction manager/general contractor proposals on the basis of best new text end 7.16 new text begin value as defined in section 16C.05, or using the qualifications-based selection process set new text end 7.17 new text begin forth in section 16C.095, except that subdivision 1 of section 16C.095 shall not apply. If new text end 7.18 new text begin the commissioner does not receive at least two proposals from construction managers, new text end 7.19 new text begin the commissioner may: new text end 7.20 new text begin (i) solicit new proposals; new text end 7.21 new text begin (ii) revise the RFP and thereafter solicit new proposals using the revised RFP; new text end 7.22 new text begin (iii) select another allowed procurement method; or new text end 7.23 new text begin (iv) reject the proposals; and new text end 7.24 new text begin (3) the technical review committee shall evaluate the responses to the request for new text end 7.25 new text begin proposals and rank the construction manager/general contractor based on the predefined new text end 7.26 new text begin criteria set forth in the RFP in accordance with paragraph (a), clause (2). new text end 7.27 new text begin (c) Unless all proposals are rejected, the commissioner shall conduct contract new text end 7.28 new text begin negotiations for a preconstruction services contract with the construction manager/general new text end 7.29 new text begin contractor with the highest ranking. If the construction manager/general contractor with new text end 7.30 new text begin the highest ranking declines or is unable to reach an agreement, the commissioner may new text end 7.31 new text begin begin contract negotiations with the next highest ranked construction manager/general new text end 7.32 new text begin contractor. new text end 7.33 new text begin (d) Before issuing the RFP, the commissioner may elect to issue a request for new text end 7.34 new text begin qualifications (RFQ) and short-list the most highly qualified construction managers/general new text end 7.35 new text begin contractors. The RFQ must include the procedures for submitting statements of new text end 7.36 new text begin qualification, the criteria for evaluation of qualifications, and the relative weight for each new text end 8.1 new text begin criterion. The statements of qualifications must be evaluated by the technical review new text end 8.2 new text begin committee. new text end 8.3     new text begin Subd. 3. new text end new text begin Phase 2 - construction manager/general contractor contract. new text end new text begin (a) Before new text end 8.4 new text begin conducting any construction-related services, the commissioner shall: new text end 8.5 new text begin (1) conduct an independent cost estimate for the project or each work package; and new text end 8.6 new text begin (2) conduct contract negotiations with the construction manager/general contractor new text end 8.7 new text begin to develop a construction manager/general contractor contract. This contract must include new text end 8.8 new text begin a minimum construction manager/general contractor self-performing requirement of 30 new text end 8.9 new text begin percent of the negotiated cost. Items designated in the construction manager/general new text end 8.10 new text begin contractor contract as specialty items may be subcontracted and the cost of any specialty new text end 8.11 new text begin item performed under the subcontract will be deducted from the cost before computing the new text end 8.12 new text begin amount of work required to be performed by the contractor. new text end 8.13 new text begin (b) If the construction manager/general contractor and the commissioner are unable new text end 8.14 new text begin to negotiate a contract, the commissioner may use other contract procurement processes or new text end 8.15 new text begin may readvertise the construction manager/general contractor contract. The construction new text end 8.16 new text begin manager/general contractor may (1) bid or propose on the project if advertised under new text end 8.17 new text begin section 161.32 or 161.3206 or (2) join a design-build team if advertised under sections new text end 8.18 new text begin 161.3410 to 161.3428. new text end 8.19 new text begin (c) The commissioner shall provide to all bidders or design-build teams, all data new text end 8.20 new text begin shared between the commissioner and the construction manager/general contractor during new text end 8.21 new text begin the contract negotiations under this subdivision. new text end 8.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 8.23 new text begin and expires one year following the acceptance of ten construction manager/general new text end 8.24 new text begin contractor contracts. new text end 8.25    Sec. 5. Minnesota Statutes 2010, section 161.3212, is amended to read: 8.26161.3212 WORKING CAPITAL FUND. 8.27The commissioner, to the extent allowed by other law or contract, may grant 8.28available money that has been appropriated for socially or economically disadvantaged 8.29business programs to a guaranty fund administered by a nonprofit organization that makes 8.30or guarantees working capital loans to businesses new text begin small business concerns new text end owned and 8.31operated by socially or new text begin and new text end economically disadvantaged persons as defined new text begin individuals. new text end 8.32 new text begin "Small business concern" and "socially and economically disadvantaged individual" have new text end 8.33 new text begin the meanings given them new text end in Code of Federal Regulations, title 49, section 23.5 new text begin 26.5 new text end . The 8.34purpose of loans made or guaranteed by the organization must be to provide short-term 9.1working capital to enable eligible businesses to be awarded contracts for goods and 9.2services or for construction-related services from government agencies. 9.3Money contributed from a constitutionally or statutorily dedicated fund must be used 9.4only for purposes consistent with the purposes of the dedicated fund. 9.5    Sec. 6. Minnesota Statutes 2010, section 162.02, subdivision 2, is amended to read: 9.6    Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated 9.7by the commissioner acting with the advice of a committee selected by the several county 9.8boards acting through the officers of the statewide association of county commissioners. 9.9The committee shall be composed of nine members so selected that each member shall 9.10be from a different state highway construction district. Not more than five of the nine 9.11members of the committee shall be county commissioners. The remaining members shall 9.12be county highway engineers. In the event that agreement cannot be reached on any rule, 9.13the commissioner's determination shall be final. The rules shall be printed and copies 9.14forwarded to the county engineers of the several counties. For the purposes of this section, 9.15the expedited process for adopting rules established in section may be used. 9.16(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 9.17    Sec. 7. Minnesota Statutes 2010, section 162.02, subdivision 3, is amended to read: 9.18    Subd. 3. Rules have force of law. The rules shall have the force and effect of law 9.19upon compliance with the provisions of sections to new text begin as provided in chapter 14 new text end . 9.20    Sec. 8. Minnesota Statutes 2010, section 162.09, subdivision 2, is amended to read: 9.21    Subd. 2. Rules; advisory committee. (a) The rules shall be made and promulgated 9.22by the commissioner acting with the advice of a committee selected by the governing 9.23bodies of such cities, acting through the officers of the statewide association of municipal 9.24officials. The committee shall be composed of 12 members, so selected that there shall be 9.25one member from each state highway construction district and in addition one member 9.26from each city of the first class. Not more than six members of the committee shall be 9.27elected officials of the cities. The remaining members of the committee shall be city 9.28engineers. In the event that agreement cannot be reached on any rule the commissioner's 9.29determination shall be final. The rules shall be printed and copies forwarded to the clerks 9.30and engineers of the cities. For the purposes of this section, the expedited process for 9.31adopting rules established in section may be used. 9.32(b) Notwithstanding section 15.059, subdivision 5, the committee does not expire. 10.1    Sec. 9. Minnesota Statutes 2010, section 162.09, subdivision 3, is amended to read: 10.2    Subd. 3. Rules have force of law. The rules shall have the force and effect of law 10.3upon compliance with the provisions of sections to new text begin as provided in chapter 14 new text end . 10.4    Sec. 10. Minnesota Statutes 2010, section 162.09, subdivision 4, is amended to read: 10.5    Subd. 4. Federal census is conclusive. (a) In determining whether any city has 10.6a population of 5,000 or more, the last federal census shall be conclusive, except as 10.7otherwise provided in this subdivision. 10.8(b) The governing body of a city may contract with the United States Bureau of the 10.9Census to take a special census. A certified copy of the results of the census shall be filed 10.10with the appropriate state authorities by the city. The result of the census shall be the 10.11population of the city for the purposes of any law providing that population is a required 10.12qualification for distribution of highway aids under chapter 162. The special census shall 10.13remain in effect until the next federal census is completed and filed. The expense of taking 10.14the special census shall be paid by the city. 10.15(c) If an entire area not heretofore incorporated as a city is incorporated as such 10.16during the interval between federal censuses, its population shall be determined by its 10.17incorporation census. The incorporation census shall be determinative of the population of 10.18the city only until the next federal census. 10.19(d) The population of a city created by the consolidation of two or more previously 10.20incorporated cities shall be determined by the most recent population estimate of the 10.21Metropolitan Council or state demographer, until the first federal decennial census or 10.22special census taken after the consolidation. 10.23(e) The population of a city that is not receiving a municipal state-aid street fund 10.24apportionment shall be determined, upon request of the city, by the most recent population 10.25estimate of the Metropolitan Council or state demographer. A municipal state-aid street 10.26fund apportionment received by the city must be based on this population estimate until 10.27the next federal decennial census or special census. 10.28 new text begin (f) A city that is found in the most recent federal decennial census to have a new text end 10.29 new text begin population of less than 5,000 is deemed for the purposes of this chapter and the Minnesota new text end 10.30 new text begin Constitution, article XIV, to have a population of 5,000 or more under the following new text end 10.31 new text begin circumstances: (1) immediately before the most recent federal decennial census, the city new text end 10.32 new text begin was receiving municipal state-aid street fund distributions; and (2) the population of new text end 10.33 new text begin the city was found in the most recent federal decennial census to be less than 5,000. new text end 10.34 new text begin Following the end of the first calendar year that ends in "5" after the decennial census and new text end 11.1 new text begin until the next decennial census, the population of any city must be determined under new text end 11.2 new text begin paragraphs (a) to (e). new text end 11.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 11.4    Sec. 11. Minnesota Statutes 2010, section 162.13, subdivision 1, is amended to read: 11.5    Subdivision 1. Factors in formula. After deducting for administrative costs and 11.6for the disaster fund and research account as heretofore provided, and for any allocation 11.7made under section 162.125, the remainder of the total sum provided for in subdivision 1 11.8of section 162.12 shall be identified as the apportionment sum, and shall be apportioned 11.9by the commissioner to the cities having a population of 5,000 or more, in accordance 11.10with the following formula: 11.11(1) An amount equal to 50 percent of such apportionment sum shall be apportioned 11.12among the cities having a population of 5,000 or more so that each such city shall receive 11.13of such amount the percentage that its money needs bears to the total money needs of 11.14all such cities. 11.15(2) An amount equal to 50 percent of such apportionment sum shall be apportioned 11.16among the cities having a population of 5,000 or more so that each such city shall receive 11.17of such amount the percentage that its population bears to the total population of all such 11.18cities. new text begin For purposes of this subdivision, the population of a city is the greater of 5,000 new text end 11.19 new text begin or the number calculated under section 162.09, subdivision 4, paragraph (a), (b), (c), new text end 11.20 new text begin (d), or (e). new text end 11.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 11.22    Sec. 12. Minnesota Statutes 2010, section 162.155, is amended to read: 11.23162.155 RULES FOR VARIANCES new text begin RULEMAKING new text end . 11.24 new text begin (a) new text end The commissioner shall adopt rules, no later than January 1, 1980, in accordance 11.25with sections to , setting forth the criteria to be considered by the 11.26commissioner in evaluating requests for variances under sections 162.02, subdivision 3a 11.27and 162.09, subdivision 3a. The rules shall new text begin must new text end include, but are not limited to, economic, 11.28engineering and safety guidelines. 11.29 new text begin (b) new text end The new text begin commissioner shall adopt rules establishing the new text end engineering standards 11.30adopted pursuant to section new text begin for cost estimation under sections new text end 162.07, subdivision 2, 11.31or new text begin and new text end 162.13, subdivision 2, shall be adopted pursuant to the requirements of chapter 11.3215 by July 1, 1980. 12.1 new text begin (c) The rules adopted by the commissioner under this section, and sections new text end 12.2 new text begin 162.02; 162.07, subdivision 2; 162.09; and 162.13, subdivision 2, are exempt from the new text end 12.3 new text begin rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that, new text end 12.4 new text begin notwithstanding paragraph (b) of that section, the rules continue in effect until repealed or new text end 12.5 new text begin superseded by other law or rule. new text end 12.6    Sec. 13. Minnesota Statutes 2010, section 165.01, is amended to read: 12.7165.01 DEFINITIONS. 12.8    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this 12.9section and section 160.02 have the meanings given them. 12.10    Subd. 2. AASHTO manual. "AASHTO manual" means the Manual for Condition 12.11Evaluation of Bridges, published by the American Association of State Highway and 12.12Transportation Officials. new text begin "The Manual for Bridge Evaluation," published by the American new text end 12.13 new text begin Association of State Highway and Transportation Officials, is incorporated by reference. new text end 12.14     new text begin Subd. 3. new text end new text begin Bridge. new text end new text begin "Bridge" is defined as a structure, including supports erected over new text end 12.15 new text begin a depression or an obstruction, such as water, a highway, or a railway, having a track or new text end 12.16 new text begin passageway for carrying traffic or other moving loads, and having an opening measured new text end 12.17 new text begin horizontally along the center of the roadway of ten feet or more between undercopings of new text end 12.18 new text begin abutments, between the spring line of arches, or between the extreme ends of openings new text end 12.19 new text begin for multiple boxes. Bridge also includes multiple pipes where the clear distance between new text end 12.20 new text begin openings is less than one-half of the smaller contiguous opening. This definition of a new text end 12.21 new text begin bridge includes only those railroad and pedestrian bridges over a public highway or street. new text end 12.22     new text begin Subd. 4. new text end new text begin National Bridge Inspection Standards (NBIS). new text end new text begin "NBIS" means standards new text end 12.23 new text begin established by the Federal Highway Administration in Code of Federal Regulations, title new text end 12.24 new text begin 23, part 650, subpart C, incorporated by reference. new text end 12.25    Sec. 14. Minnesota Statutes 2010, section 165.03, is amended to read: 12.26165.03 STRENGTH OF BRIDGE; INSPECTION. 12.27    Subdivision 1. Standards generally. Each bridge, including a privately owned 12.28bridge, must conform to the strength, width, clearance, and safety standards imposed 12.29by the commissioner for the connecting highway or street. This subdivision applies to 12.30a bridge that is constructed after August 1, 1989, on any public highway or street. The 12.31bridge must have sufficient strength to support with safety the maximum vehicle weights 12.32allowed under sections 169.822 to 169.829 and must have the minimum width specified 12.33in section 165.04, subdivision 3. 13.1    Subd. 1a. Inspection. (a) Each bridge must be inspected annually, unless a longer 13.2interval not to exceed two years new text begin 24 months new text end for bridges or four years new text begin 48 months new text end for bridges 13.3classified as culverts is authorized by the commissioner. The commissioner's authorization 13.4must be based on factors including, but not limited to, the age and condition of the 13.5bridge, the rate of deterioration of the bridge, the type of structure, the susceptibility of 13.6the bridge to failure, and the characteristics of traffic on the bridge. The commissioner 13.7may require interim inspections at intervals of less than one year on bridges that are 13.8posted, bridges subjected to extreme scour conditions, bridges subject to significant 13.9substructure movement or settlement, and for other reasons as specified or inferred in the 13.10AASHTO manual. 13.11 new text begin (b) Additional requirements apply to structures meeting the NBIS definition of new text end 13.12 new text begin a bridge: new text end 13.13 new text begin (1) Underwater structural elements must be inspected at regular intervals not to new text end 13.14 new text begin exceed 60 months. The commissioner may require inspections at intervals of less than new text end 13.15 new text begin 60 months on certain underwater structural elements based on factors including, but not new text end 13.16 new text begin limited to, construction material, environment, age, scour characteristics, the condition new text end 13.17 new text begin ratings from past inspections, and any known deficiencies. new text end 13.18 new text begin (2) Fracture critical members, or FCMs, must receive a hands-on fracture critical new text end 13.19 new text begin inspection at intervals not to exceed 24 months. The commissioner may require new text end 13.20 new text begin inspections at intervals of less than 24 months on certain FCMs based on factors including, new text end 13.21 new text begin but not limited to, age, traffic characteristics, and any known deficiencies. new text end 13.22 new text begin (3) The commissioner may establish criteria to determine the level and frequency of new text end 13.23 new text begin these inspections. If warranted by special circumstances, the commissioner retains the new text end 13.24 new text begin authority to determine the inspection type and required inspection frequency for any new text end 13.25 new text begin bridge on the state inventory. new text end 13.26    (b) new text begin (c) new text end The thoroughness of each inspection depends on such factors as age, traffic 13.27characteristics, state of maintenance, and known deficiencies. The evaluation of these 13.28factors is the responsibility of the engineer assigned the responsibility for inspection as 13.29defined by rule adopted by the commissioner of transportation. 13.30    Subd. 2. Inspection and inventory responsibilities; rules; forms. new text begin (a) The new text end 13.31 new text begin commissioner of transportation will adopt the National Bridge Inspection Standards new text end 13.32 new text begin (NBIS) established by the Federal Highway Administration in Code of Federal new text end 13.33 new text begin Regulations, title 23, part 650, subpart C, or its successor documents, for structures new text end 13.34 new text begin meeting the NBIS definition of a bridge. The commissioner shall establish inspection and new text end 13.35 new text begin inventory standards for structures defined as bridges by section 165.01, subdivision 3. new text end 14.1(a) new text begin (b) new text end The commissioner of transportation shall adopt official inventory and bridge 14.2inspection report forms for use in making bridge inspections by the owners or highway 14.3authorities specified by this subdivision. Inspections must be made at regular intervals, 14.4not to exceed two years for bridges and not to exceed four years for culverts new text begin the intervals new text end 14.5 new text begin outlined in subdivision 1a new text end , by the following owner or official: 14.6    (1) the commissioner of transportation for all bridges located wholly or partially 14.7within or over the right-of-way of a state trunk highway; 14.8    (2) the county highway engineer for all bridges located wholly or partially within or 14.9over the right-of-way of any county or town road, or any street within a municipality that 14.10does not have a city engineer regularly employed; 14.11    (3) the city engineer for all bridges located wholly or partially within or over the 14.12right-of-way of any street located within or along municipal limits; 14.13    (4) the commissioner of transportation in case of a toll bridge that is used by the 14.14general public and that is not inspected and certified under subdivision 6; provided, that 14.15the commissioner of transportation may assess the owner for the costs of the inspection; 14.16    (5) the owner of a bridge over a public highway or street or that carries a roadway 14.17designated for public use by a public authority, if not required to be inventoried and 14.18inspected under clause (1), (2), (3), or (4). 14.19    (b) new text begin (c) new text end The commissioner of transportation shall prescribe the standards for bridge 14.20inspection and inventory by rules new text begin inspection and inventory procedures required to new text end 14.21 new text begin administer the bridge inspection program in Minnesota and has the authority to establish new text end 14.22 new text begin and publish standards that describe the inspection and inventory requirements to ensure new text end 14.23 new text begin compliance with paragraph (a) new text end . The owner or highway authority shall inspect and 14.24inventory in accordance with these standards and furnish the commissioner with such data 14.25as may be necessary to maintain a central inventory. 14.26    Subd. 3. County inventory and inspection records and reports. The county 14.27engineer shall maintain a complete inventory record of all bridges as set forth in 14.28subdivision 2, paragraph (a) new text begin (b) new text end , clause (2), with the inspection reports thereof, and shall 14.29certify annually to the commissioner, as prescribed by the commissioner, that inspections 14.30have been made at regular intervals, not to exceed two years for bridges and not to 14.31exceed four years for culverts new text begin the intervals outlined in subdivision 1a new text end . A report of the 14.32inspections must be filed annually, on or before February 15 of each year, with the county 14.33auditor or town clerk, or the governing body of the municipality. The report must contain 14.34recommendations for the correction of or legal posting of load limits on any bridge or 14.35structure that is found to be understrength or unsafe. 15.1    Subd. 4. Municipal inventory and inspection records and reports. The 15.2city engineer shall maintain a complete inventory record of all bridges as set forth in 15.3subdivision 2, paragraph (a) new text begin (b) new text end , clause (3), with the inspection reports thereof, and shall 15.4certify annually to the commissioner, as prescribed by the commissioner, that inspections 15.5have been made at regular intervals, not to exceed two years for bridges and not to exceed 15.6four years for culverts new text begin the intervals outlined in subdivision 1a new text end . A report of the inspections 15.7must be filed annually, on or before February 15 of each year, with the governing body of 15.8the municipality. The report must contain recommendations for the correction of or legal 15.9posting of load limits on any bridge or structure that is found to be understrength or unsafe. 15.10    Subd. 5. Agreement. Agreements may be made among the various units of 15.11governments, or between governmental units and qualified engineering personnel to 15.12carry out the responsibilities for the bridge inspections and reports, as established by 15.13subdivision 2. 15.14    Subd. 6. Other bridges. The owner of a toll bridge and the owner of a bridge 15.15described in subdivision 2, paragraph (a) new text begin (b) new text end , clause (5), shall certify to the commissioner, 15.16as prescribed by the commissioner, that inspections of the bridge new text begin or culvert new text end have been 15.17made at regular intervals, not to exceed two years for bridges and not to exceed four years 15.18for culverts new text begin the intervals outlined in subdivision 1a new text end . The certification must be accompanied 15.19by a report of the inspection. The report must contain recommendations for the correction 15.20of or legal posting of load limitations if the bridge is found to be understrength or unsafe. 15.21     new text begin Subd. 6a. new text end new text begin Bridge load rating and posting. new text end new text begin (a) The term "posting" means the new text end 15.22 new text begin placement of regulatory signs at a bridge indicating the safe load carrying capacity of new text end 15.23 new text begin the bridge. new text end 15.24 new text begin (b) Each structure required to be inspected under subdivision 2, paragraph (a), must new text end 15.25 new text begin be load rated to determine its safe load carrying capacity, and this rating must be reported new text end 15.26 new text begin on a structure inventory sheet form provided by the commissioner of transportation. A new text end 15.27 new text begin structure must be rerated when it is determined that a significant change has occurred in new text end 15.28 new text begin the condition of the structure or due to additional dead load placed on the structure since new text end 15.29 new text begin the last load rating. Load ratings must be reviewed and the structure rerated if necessary new text end 15.30 new text begin when the allowable legal load using the structure is increased. Changes in the load rating new text end 15.31 new text begin of a bridge must be indicated on the structure inventory sheet form. new text end 15.32 new text begin (c) If it is determined that the maximum legal load under state law exceeds the load new text end 15.33 new text begin permitted on the structure under the operating rating stress level assigned, the bridge must new text end 15.34 new text begin be posted. Posting signs adopted by the commissioner shall be used for the posting. The new text end 15.35 new text begin owner or highway authority shall post the bridge in accordance with the posted load new text end 15.36 new text begin assigned by the commissioner. new text end 16.1    Subd. 7. Department of Natural Resources bridge. (a) Notwithstanding 16.2subdivision 2, the commissioners of transportation and natural resources shall negotiate a 16.3memorandum of understanding that governs the inspection of bridges owned, operated, 16.4or maintained by the commissioner of natural resources. 16.5    (b) The memorandum of understanding must provide for: 16.6    (1) the inspection and inventory of bridges subject to federal law or regulations; 16.7    (2) the frequency of inspection of bridges described in paragraph (a) new text begin subdivision new text end 16.8 new text begin 1a new text end ; and 16.9    (3) who may perform inspections required under the memorandum of understanding. 16.10    Subd. 8. Biennial report on bridge inspection quality assurance. By February 16.111 of each odd-numbered year, the commissioner shall submit a report electronically to 16.12the members of the senate and house of representatives committees with jurisdiction over 16.13transportation policy and finance concerning quality assurance for bridge inspections. 16.14At a minimum, the report must: 16.15(1) summarize the bridge inspection quality assurance and quality control procedures 16.16used in Minnesota; 16.17(2) identify any substantive changes to quality assurance and quality control 16.18procedures made in the previous two years; 16.19(3) summarize and provide a briefing on findings from bridge inspection quality 16.20reviews performed in the previous two years; 16.21(4) identify actions taken and planned in response to findings from bridge inspection 16.22quality reviews performed in the previous two years; 16.23(5) summarize the results of any bridge inspection compliance review by the Federal 16.24Highway Administration; and 16.25(6) identify actions in response to the Federal Highway Administration compliance 16.26review taken by the department in order to reach full compliance. 16.27    Sec. 15. Minnesota Statutes 2010, section 168.002, subdivision 19, is amended to read: 16.28    Subd. 19. Motorcycle. "Motorcycle" means every motor vehicle having a seat or 16.29saddle for the use of the rider and designed to travel on not more than three wheels in 16.30contact with the ground, including motor scooters and bicycles with motor attached, other 16.31than those vehicles defined as motorized bicycles in subdivision 20, but excluding a tractor new text begin new text end 16.32 new text begin has the meaning given in section 169.011, subdivision 44 new text end . 16.33    Sec. 16. Minnesota Statutes 2010, section 168.002, subdivision 20, is amended to read: 17.1    Subd. 20. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled 17.2by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic 17.3centimeters or less, and a maximum of two brake horsepower, which is capable of a 17.4maximum speed of not more than 30 miles per hour on a flat surface with not more than 17.5one percent grade in any direction when the motor is engaged. "Motorized bicycle" 17.6includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 new text begin has the new text end 17.7 new text begin meaning given in section 169.011, subdivision 45 new text end . 17.8    Sec. 17. Minnesota Statutes 2010, section 168.012, is amended by adding a subdivision 17.9to read: 17.10     new text begin Subd. 2d. new text end new text begin Electric-assisted bicycles. new text end new text begin Electric-assisted bicycles must not be taxed as new text end 17.11 new text begin motor vehicles using the public streets and highways, and are exempt from the provisions new text end 17.12 new text begin of this chapter. new text end 17.13    Sec. 18. Minnesota Statutes 2010, section 168.013, is amended by adding a subdivision 17.14to read: 17.15     new text begin Subd. 22. new text end new text begin Optional donation for education on anatomical gifts. new text end new text begin As part of new text end 17.16 new text begin procedures for payment of the vehicle registration tax under this section, the commissioner new text end 17.17 new text begin shall allow a vehicle owner to add to the tax a $2 donation for the purposes of public new text end 17.18 new text begin information and education on anatomical gifts under section 171.075, for in-person new text end 17.19 new text begin transactions conducted by a deputy registrar appointed under section 168.33, subdivision new text end 17.20 new text begin 2. This subdivision applies to annual renewal registrations only, and does not apply to new text end 17.21 new text begin registrations authorized under sections 168.053 to 168.057, 168.127, 168.187, and 168.27. new text end 17.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2013. new text end 17.23    Sec. 19. Minnesota Statutes 2011 Supplement, section 168.12, subdivision 5, is 17.24amended to read: 17.25    Subd. 5. Additional fee. (a) In addition to any fee otherwise authorized or any tax 17.26otherwise imposed upon any vehicle, the payment of which is required as a condition to 17.27the issuance of any plate or plates, the commissioner shall impose the fee specified in 17.28paragraph (b) that is calculated to cover the cost of manufacturing and issuing the plate 17.29or plates, except for plates issued to disabled veterans as defined in section 168.031 and 17.30plates issued pursuant to section 168.124, 168.125, or 168.27, subdivisions 16 and 17, 17.31for passenger automobiles. The commissioner shall issue graphic design plates only 17.32for vehicles registered pursuant to section 168.017 and recreational vehicles registered 17.33pursuant to section 168.013, subdivision 1g. 18.1    (b) Unless otherwise specified or exempted by statute, the following plate and 18.2validation sticker fees apply for the original, duplicate, or replacement issuance of a 18.3plate in a plate year: 18.4 License Plate Single Double 18.5 Regular and Disability $ 4.50 $ 6.00 18.6 Special $ 8.50 $ 10.00 18.7 Personalized (Replacement) $ 10.00 $ 14.00 18.8 Collector Category $ 13.50 $ 15.00 18.9 Emergency Vehicle Display $ 3.00 $ 6.00 18.10 Utility Trailer Self-Adhesive $ 2.50 18.11 Vertical Motorcycle Plate $ 100.00 NA 18.12 Stickers 18.13 Duplicate year $ 1.00 $ 1.00 18.14 International Fuel Tax Agreement $ 2.50 18.15    (c) For vehicles that require two of the categories above, the registrar shall only 18.16charge the higher of the two fees and not a combined total. 18.17(d) As part of procedures for payment of the fee under paragraph (b), the 18.18commissioner shall allow a vehicle owner to add to the fee, a $2 donation for the purposes 18.19of public information and education on anatomical gifts under section . 18.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.21    Sec. 20. Minnesota Statutes 2011 Supplement, section 168.123, subdivision 1, is 18.22amended to read: 18.23    Subdivision 1. General requirements; fees. (a) On payment of a fee of $10 for 18.24each set of two plates, or for a single plate in the case of a motorcycle plate, payment of 18.25the registration tax required by law, and compliance with other applicable laws relating to 18.26vehicle registration and licensing, as applicable, the commissioner shall issue: 18.27(1) special veteran's plates to an applicant who served in the active military service 18.28in a branch of the armed forces of the United States or of a nation or society allied with the 18.29United States in conducting a foreign war, was discharged under honorable conditions, and 18.30is a registered owner of a passenger automobile as defined in section 168.002, subdivision 18.3124, recreational motor vehicle as defined in section 168.002, subdivision 27, or one-ton 18.32pickup truck as defined in section 168.002, subdivision 21b, but which is not a commercial 18.33motor vehicle as defined in section 169.011, subdivision 16; or 18.34(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a), 18.35(f), (h), (i), or (j), or another special plate designed by the commissioner to an applicant 18.36who is a registered owner of a motorcycle as defined in section 168.002, subdivision 19, 19.1and meets the criteria listed in this paragraph and in subdivision 2, paragraph (a), (f), (h), 19.2(i), or (j). Plates issued under this clause must be the same size as regular motorcycle 19.3plates. Special motorcycle license plates issued under this clause are not subject to 19.4section 168.1293. 19.5(b) The additional fee of $10 is payable for each set of veteran's plates, is payable 19.6only when the plates are issued, and is not payable in a year in which stickers are issued 19.7instead of plates. 19.8(c) The veteran must have a certified copy of the veteran's discharge papers, 19.9indicating character of discharge, at the time of application. If an applicant served in the 19.10active military service in a branch of the armed forces of a nation or society allied with the 19.11United States in conducting a foreign war and is unable to obtain a record of that service 19.12and discharge status, the commissioner of veterans affairs may certify the applicant as 19.13qualified for the veterans' plates provided under this section. 19.14(d) For license plates issued for one-ton trucks described in paragraph (a), clause 19.15(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under 19.16paragraph (a). The surcharge must be deposited in the vehicle services operating account 19.17in the special revenue fund. 19.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.19    Sec. 21. Minnesota Statutes 2010, section 168A.03, subdivision 1, is amended to read: 19.20    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of 19.21title for: 19.22    (1) a vehicle owned by the United States; 19.23    (2) a vehicle owned by a nonresident and not required by law to be registered in 19.24this state; 19.25    (3) a vehicle owned by a nonresident and regularly engaged in the interstate 19.26transportation of persons or property for which a currently effective certificate of title 19.27has been issued in another state; 19.28    (4) a vehicle moved solely by animal power; 19.29    (5) an implement of husbandry; 19.30    (6) special mobile equipment; 19.31    (7) a self-propelled wheelchair or invalid tricycle; 19.32    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party 19.33holds an interest in the trailer or a certificate of title was previously issued by this state or 19.34any other state or (ii) designed primarily for agricultural purposes except a recreational 20.1vehicle or a manufactured home, both as defined in section 168.002, subdivisions 16 20.2and 27 ; 20.3    (9) a snowmobile; and 20.4    (10) a spotter truck, as defined in section 169.011, subdivision 77 new text begin ; and new text end 20.5 new text begin (11) an electric-assisted bicycle, as defined in section 169.011, subdivision 27 new text end . 20.6    Sec. 22. Minnesota Statutes 2010, section 168A.07, subdivision 1, is amended to read: 20.7    Subdivision 1. Ownership at issue; certificate withheld or bond filed. In the event 20.8application is made in this state for a certificate of title on a vehicle and the department is 20.9not satisfied as to the ownership of the vehicle or the existence of security interests therein, 20.10the vehicle may be registered but the department new text begin , subject to subdivision 1a, new text end shall either: 20.11(1) withhold issuance of a certificate of title until the applicant shall present 20.12documents reasonably sufficient to satisfy the department of the applicant's ownership of 20.13the vehicle and as to any security interest therein; or 20.14(2) as a condition to issuing a certificate of title, require the applicant to file a bond new text begin new text end 20.15 new text begin in the form and amount provided in subdivision 1b. new text end 20.16     new text begin Subd. 1a. new text end new text begin Ownership at issue; requirements for certificate issuance. new text end new text begin (a) In the new text end 20.17 new text begin event application is made in this state for a certificate of title on a vehicle with a model new text end 20.18 new text begin year designated by the manufacturer of more than five years prior to the year in which new text end 20.19 new text begin application is made, and the applicant is unable to establish sole ownership of the vehicle new text end 20.20 new text begin because one or more owners, prior owners, or lienholders cannot be found, the department new text end 20.21 new text begin shall issue a certificate of title to the applicant if the applicant submits: new text end 20.22 new text begin (1) the application; new text end 20.23 new text begin (2) a bond in the form and amount provided in subdivision 1b; new text end 20.24 new text begin (3) an affidavit that identifies the make, model year, and vehicle identification new text end 20.25 new text begin number of the vehicle, and includes a statement that: new text end 20.26 new text begin (i) the applicant is an owner of the vehicle; new text end 20.27 new text begin (ii) the applicant has physical possession of the vehicle; and new text end 20.28 new text begin (iii) in attempting to transfer interest in the vehicle or obtain a certificate of title or new text end 20.29 new text begin lien release, the applicant was unable after using due diligence to (A) determine the names new text end 20.30 new text begin or locations of one or more owners, prior owners, or lienholders; or (B) successfully new text end 20.31 new text begin contact one or more owners, prior owners, or lienholders known to the applicant; and new text end 20.32 new text begin (4) payment for required taxes and fees. new text end 20.33 new text begin (b) Unless the department has been notified of the pendency of an action to recover new text end 20.34 new text begin the bond under paragraph (a), clause (2), the department shall allow it to expire at the new text end 20.35 new text begin end of three years. new text end 21.1     new text begin Subd. 1b. new text end new text begin Bond requirements. new text end new text begin A bond filed under this section must be new text end in the form 21.2prescribed by the department and executed by the applicant, and either accompanied by the 21.3deposit of cash or executed by a surety company authorized to do business in this state, in 21.4an amount equal to 1-1/2 times the value of the vehicle as determined by the department. 21.5The bond shall be conditioned to indemnify any prior owner and secured party and any 21.6subsequent purchaser of the vehicle or person acquiring any security interest therein, or the 21.7successor in interest of any said person, against any expense, loss, or damage, including 21.8reasonable attorneys' fees, by reason of the issuance of the certificate of title to the vehicle 21.9or on account of any defect in or undisclosed security interest upon the right, title and 21.10interest of the applicant in and to the vehicle. Any such interested person shall have a right 21.11of action to recover on such bond for any breach of its conditions, but the aggregate 21.12liability of the surety to all such persons shall in no event exceed the amount of the bond. 21.13Unless the department has been notified of the pendency of an action to recover on the 21.14bond and if all questions as to ownership and outstanding security interests have been 21.15resolved to the satisfaction of the department, such bond, and any deposit accompanying 21.16it, shall be returned at the end of three years or prior thereto in the event the vehicle is no 21.17longer registered in this state and the currently valid certificate of title is surrendered. 21.18    Sec. 23. Minnesota Statutes 2010, section 169.011, subdivision 4, is amended to read: 21.19    Subd. 4. Bicycle. new text begin (a) new text end "Bicycle" means every device new text begin capable of being new text end propelled 21.20solely by human power upon which any person may ride, having two tandem wheels 21.21except scooters and similar devices new text begin , new text end and including any device generally recognized 21.22as a bicycle though equipped with two front or rear wheels. new text begin Bicycle includes an new text end 21.23 new text begin electric-assisted bicycle, as defined in subdivision 27. new text end 21.24 new text begin (b) "Bicycle" does not include scooters, motorized foot scooters, or similar devices. new text end 21.25    Sec. 24. Minnesota Statutes 2010, section 169.011, subdivision 27, is amended to read: 21.26    Subd. 27. Electric-assisted bicycle. "Electric-assisted bicycle" means a motor 21.27vehicle new text begin bicycle new text end with two or three wheels that: 21.28(1) has a saddle and fully operable pedals for human propulsion; 21.29(2) meets the requirements new text begin : new text end 21.30 new text begin (i) new text end of federal motor vehicle safety standards new text begin for a motor-driven cycle new text end in Code of 21.31Federal Regulations, title 49, sections 571.1 et seq. new text begin ; or new text end 21.32 new text begin (ii) for bicycles under Code of Federal Regulations, title 16, part 1512, or successor new text end 21.33 new text begin requirements new text end ; and 22.1(3) has an electric motor that (i) has a power output of not more than 1,000 watts, (ii) 22.2is incapable of propelling the vehicle at a speed of more than 20 miles per hour, (iii) is 22.3incapable of further increasing the speed of the device when human power alone is used 22.4to propel the vehicle at a speed of more than 20 miles per hour, and (iv) disengages or 22.5ceases to function when the vehicle's brakes are applied. 22.6    Sec. 25. Minnesota Statutes 2010, section 169.011, subdivision 44, is amended to read: 22.7    Subd. 44. Motorcycle. "Motorcycle" means every motor vehicle having a seat or 22.8saddle for the use of the rider and designed to travel on not more than three wheels in 22.9contact with the ground, including motor scooters and bicycles with motor attached, 22.10other than those vehicles defined as new text begin . Motorcycle does not include (1) new text end motorized bicycles new text begin new text end 22.11 new text begin as defined new text end in subdivision 45, but excluding new text begin (2) electric-assisted bicycles as defined in new text end 22.12 new text begin subdivision 27, or (3) new text end a tractor. 22.13    Sec. 26. Minnesota Statutes 2010, section 169.011, subdivision 45, is amended to read: 22.14    Subd. 45. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled 22.15by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic 22.16centimeters or less, and a maximum of two brake horsepower, which is capable of a 22.17maximum speed of not more than 30 miles per hour on a flat surface with not more than 22.18one percent grade in any direction when the motor is engaged. "Motorized bicycle" 22.19includes new text begin does not include new text end an electric-assisted bicycle as defined in subdivision 27. 22.20    Sec. 27. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read: 22.21    Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The 22.22driver of any vehicle shall obey the instructions of any official traffic-control device 22.23applicable thereto placed in accordance with the provisions of this chapter, unless 22.24otherwise directed by a police officer or by a certified overdimensional load escort driver new text begin new text end 22.25 new text begin flagger authorized under this subdivision new text end , subject to the exceptions granted the driver of 22.26an authorized emergency vehicle in this chapter. 22.27(b) No provision of this chapter for which official traffic-control devices are required 22.28shall be enforced against an alleged violator if at the time and place of the alleged 22.29violation an official device is not in proper position and sufficiently legible to be seen by 22.30an ordinarily observant person. Whenever a particular section does not state that official 22.31traffic-control devices are required, such section shall be effective even though no devices 22.32are erected or in place. 23.1(c) Whenever official traffic-control devices are placed in position approximately 23.2conforming to the requirements of this chapter, such devices shall be presumed to have 23.3been so placed by the official act or direction of lawful authority, unless the contrary 23.4shall be established by competent evidence. 23.5(d) Any official traffic-control device placed pursuant to the provisions of this 23.6chapter and purporting to conform to the lawful requirements pertaining to such devices 23.7shall be presumed to comply with the requirements of this chapter, unless the contrary 23.8shall be established by competent evidence. 23.9(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place 23.10until it is safe for the vehicles to proceed. A person operating a motor vehicle that has 23.11been stopped by a flagger in a designated work zone may proceed after stopping only on 23.12instruction by the flagger. 23.13(f) An overdimensional load escort driver with a certificate issued under section 23.14299D.085 , while acting as a flagger escorting a legal overdimensional load, may stop 23.15vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person 23.16operating a motor vehicle that has been stopped by an escort driver acting as a flagger may 23.17proceed only on instruction by the flagger or a police officer. 23.18 new text begin (g) A person may stop and hold vehicles in place until it is safe for the vehicles to new text end 23.19 new text begin proceed, if the person: (1) holds a motorcycle road guard certificate issued under section new text end 23.20 new text begin 171.60; (2) meets the safety and equipment standards for operating under the certificate; new text end 23.21 new text begin (3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory new text end 23.22 new text begin or home rule charter city through which the motorcycle group is proceeding; and (5) new text end 23.23 new text begin has obtained consent from the chief of police, or the chief's designee, of any city of the new text end 23.24 new text begin first class through which the group is proceeding. A flagger operating as provided under new text end 23.25 new text begin this paragraph may direct operators of motorcycles within a motorcycle group ride or new text end 23.26 new text begin other vehicle traffic, notwithstanding any contrary indication of a traffic-control device, new text end 23.27 new text begin including stop signs or traffic-control signals. A person operating a vehicle that has been new text end 23.28 new text begin stopped by a flagger under this paragraph may proceed only on instruction by the flagger new text end 23.29 new text begin or a police officer. new text end 23.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective one year after publication in the State new text end 23.31 new text begin Register of rules adopted under section 171.60, subdivision 5. new text end 23.32    Sec. 28. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read: 23.33    Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All 23.34reports and supplemental information required under this section must be for the use of the 24.1commissioner of public safety and other appropriate state, federal, county, and municipal 24.2governmental agencies for accident analysis purposes, except: 24.3(1) the commissioner of public safety or any law enforcement agency shall, upon 24.4written request of any individual involved in an accident or upon written request of the 24.5representative of the individual's estate, surviving spouse, or one or more surviving next 24.6of kin, or a trustee appointed under section 573.02, or other person injured in person, 24.7property, or means of support, or who incurs other pecuniary loss by virtue of the accident, 24.8disclose to the requester, the requester's legal counsel, or a representative of the requester's 24.9insurer the report required under subdivision 8; 24.10(2) the commissioner of public safety shall, upon written request, provide the driver 24.11filing a report under subdivision 7 with a copy of the report filed by the driver; 24.12(3) the commissioner of public safety may verify with insurance companies vehicle 24.13insurance information to enforce sections 65B.48, 169.792, 169.793, 169.796, and 24.14169.797 ; 24.15(4) the commissioner of public safety shall provide the commissioner of 24.16transportation the information obtained for each traffic accident involving a commercial 24.17motor vehicle, for purposes of administering commercial vehicle safety regulations; and 24.18 new text begin (5) upon specific request, the commissioner of public safety shall provide the new text end 24.19 new text begin commissioner of transportation the information obtained regarding each traffic accident new text end 24.20 new text begin involving damage to identified state-owned infrastructure, for purposes of debt collection new text end 24.21 new text begin under section 161.20, subdivision 4; and new text end 24.22(5) new text begin (6) new text end the commissioner of public safety may give to the United States Department 24.23of Transportation commercial vehicle accident information in connection with federal 24.24grant programs relating to safety. 24.25(b) Accident reports and data contained in the reports are not discoverable under any 24.26provision of law or rule of court. No report shall be used as evidence in any trial, civil or 24.27criminal, or any action for damages or criminal proceedings arising out of an accident. 24.28However, the commissioner of public safety shall furnish, upon the demand of any person 24.29who has or claims to have made a report or upon demand of any court, a certificate 24.30showing that a specified accident report has or has not been made to the commissioner 24.31solely to prove compliance or failure to comply with the requirements that the report be 24.32made to the commissioner. 24.33(c) Nothing in this subdivision prevents any individual who has made a report under 24.34this section from providing information to any individuals involved in an accident or their 24.35representatives or from testifying in any trial, civil or criminal, arising out of an accident, 24.36as to facts within the individual's knowledge. It is intended by this subdivision to render 25.1privileged the reports required, but it is not intended to prohibit proof of the facts to 25.2which the reports relate. 25.3(d) Disclosing any information contained in any accident report, except as provided 25.4in this subdivision, section 13.82, subdivision 3 or 6, or other statutes, is a misdemeanor. 25.5(e) The commissioner of public safety shall charge authorized persons as described 25.6in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee 25.7collected under this paragraph must be deposited in the special revenue fund and credited 25.8to the driver services operating account established in section 299A.705 and ten percent 25.9must be deposited in the general fund. The commissioner may also furnish an electronic 25.10copy of the database of accident records, which must not contain personal or private data 25.11on an individual, to private agencies as provided in paragraph (g), for not less than the cost 25.12of preparing the copies on a bulk basis as provided in section 13.03, subdivision 3. 25.13(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law 25.14enforcement agencies shall charge commercial users who request access to response or 25.15incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial 25.16user" is a user who in one location requests access to data in more than five accident 25.17reports per month, unless the user establishes that access is not for a commercial purpose. 25.18Of the money collected by the commissioner under this paragraph, 90 percent must be 25.19deposited in the special revenue fund and credited to the driver services operating account 25.20established in section 299A.705 and ten percent must be deposited in the general fund. 25.21(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall 25.22provide an electronic copy of the accident records database to the public on a case-by-case 25.23basis using the cost-recovery charges provided for under section 13.03, subdivision 25.243 . The database provided must not contain personal or private data on an individual. 25.25However, unless the accident records database includes the vehicle identification number, 25.26the commissioner shall include the vehicle registration plate number if a private agency 25.27certifies and agrees that the agency: 25.28(1) is in the business of collecting accident and damage information on vehicles; 25.29(2) will use the vehicle registration plate number only for identifying vehicles that 25.30have been involved in accidents or damaged, to provide this information to persons 25.31seeking access to a vehicle's history and not for identifying individuals or for any other 25.32purpose; and 25.33(3) will be subject to the penalties and remedies under sections 13.08 and 13.09. 25.34    Sec. 29. Minnesota Statutes 2010, section 169.222, subdivision 6, is amended to read: 26.1    Subd. 6. Bicycle equipment. (a) No person shall operate a bicycle at nighttime 26.2unless the bicycle or its operator is equipped with new text begin (1) new text end a lamp which shall emit new text begin emits new text end 26.3a white light visible from a distance of at least 500 feet to the front new text begin ; new text end and with new text begin (2) new text end a red 26.4reflector of a type approved by the Department of Public Safety which is visible from all 26.5distances from 100 feet to 600 feet to the rear when directly in front of lawful lower 26.6beams of headlamps on a motor vehicle. 26.7 new text begin (b) new text end No person may operate a bicycle at any time when there is not sufficient light to 26.8render persons and vehicles on the highway clearly discernible at a distance of 500 feet 26.9ahead unless the bicycle or its operator is equipped with reflective surfaces that shall be 26.10visible during the hours of darkness from 600 feet when viewed in front of lawful lower 26.11beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective 26.12materials on each side of each pedal to indicate their presence from the front or the rear and 26.13with a minimum of 20 square inches of reflective material on each side of the bicycle or its 26.14operator. Any bicycle equipped with side reflectors as required by regulations for new 26.15bicycles prescribed by the United States Consumer Product Safety Commission shall be 26.16considered to meet the requirements for side reflectorization contained in this subdivision. 26.17 new text begin (c) new text end A bicycle may be equipped with new text begin a front lamp that emits a white flashing signal, new text end 26.18 new text begin or new text end a rear lamp that emits a red flashing signal new text begin , or both new text end . 26.19 new text begin (d) A bicycle may be equipped with tires having studs, spikes, or other protuberances new text end 26.20 new text begin designed to increase traction. new text end 26.21(b) new text begin (e) new text end No person shall operate a bicycle unless it is equipped with a brake which 26.22will enable the operator to make the braked wheels skid on dry, level, clean pavement. 26.23(c) new text begin (f) new text end No person shall operate upon a highway any new text begin two-wheeled new text end bicycle equipped 26.24with handlebars so raised that the operator must elevate the hands above the level of the 26.25shoulders in order to grasp the normal steering grip area. 26.26(d) new text begin (g) new text end No person shall operate upon a highway any bicycle which is of such a size 26.27as to prevent the operator from stopping the bicycle, supporting it with at least one foot 26.28on the highway surface and restarting in a safe manner. 26.29    Sec. 30. Minnesota Statutes 2010, section 169.222, is amended by adding a subdivision 26.30to read: 26.31     new text begin Subd. 6b. new text end new text begin Operator age. new text end new text begin No person under the age of 15 shall operate an new text end 26.32 new text begin electric-assisted bicycle. new text end 26.33    Sec. 31. Minnesota Statutes 2010, section 169.222, subdivision 7, is amended to read: 27.1    Subd. 7. Sale with reflectors and other equipment. No person shall sell or offer for 27.2sale any new bicycle unless it is equipped with reflectors and other equipment as required 27.3by subdivision 6, clauses (a) and new text begin paragraphs new text end (b) new text begin and (e) new text end and by the new text begin applicable new text end regulations 27.4for new bicycles prescribed by the United States Consumer Product Safety Commission. 27.5    Sec. 32. Minnesota Statutes 2010, section 169.223, subdivision 1, is amended to read: 27.6    Subdivision 1. Safety equipment; parking. Except as otherwise provided in this 27.7section, Section 169.974 relating to motorcycles is applicable to motorized bicycles, new text begin new text end 27.8 new text begin except as otherwise provided in this section and new text end except that: 27.9(1) protective headgear includes headgear that meets the American National 27.10Standard for Protective Headgear for Bicyclists, ANSI Z90.4-1984, approved by the 27.11American National Standards Institute, Inc. new text begin standards under Code of Federal Regulations, new text end 27.12 new text begin title 16, part 1203, or successor requirements new text end ; 27.13(2) a motorized bicycle equipped with a headlight and taillight meeting the 27.14requirements of lighting for motorcycles may be operated during nighttime hours; 27.15(3) except as provided in clause (5), protective headgear is not required for operators 27.1618 years of age or older; new text begin and new text end 27.17(4) the provisions of section 169.222 new text begin , subdivision 9, new text end governing the parking of 27.18bicycles apply to motorized bicycles; new text begin . new text end 27.19(5) the operator of an electric-assisted bicycle must wear properly fitted and 27.20fastened headgear that meets the American National Standard for Protective Headgear for 27.21Bicyclists, ANSI Z90.4-1984, approved by the American National Standards Institute, 27.22Inc., when operating the electric-assisted bicycle on a street or highway; and 27.23(6) eye protection devices are not required for operators of electric-assisted bicycles. 27.24    Sec. 33. Minnesota Statutes 2010, section 169.223, subdivision 5, is amended to read: 27.25    Subd. 5. Other operation requirements and prohibitions. (a) A person operating 27.26a motorized bicycle on a roadway shall ride as close as practicable to the right-hand curb 27.27or edge of the roadway except in one of the following situations: 27.28(1) when overtaking and passing another vehicle proceeding in the same direction; 27.29(2) when preparing for a left turn at an intersection or into a private road or 27.30driveway; or 27.31(3) when reasonably necessary to avoid conditions, including fixed or moving 27.32objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make 27.33it unsafe to continue along the right-hand curb or edge. 28.1(b) Persons operating motorized bicycles on a roadway may not ride more than two 28.2abreast and may not impede the normal and reasonable movement of traffic. On a laned 28.3roadway, a person operating a motorized bicycle shall ride within a single lane. 28.4(c) This section does not permit the operation of a motorized bicycle on a bicycle 28.5path or bicycle lane that is reserved for the exclusive use of nonmotorized traffic. 28.6(d) Subject to the provisions of section 160.263, subdivision 3, a person may operate 28.7an electric-assisted bicycle on a bicycle lane. A person may operate an electric-assisted 28.8bicycle on the shoulder of a roadway if the electric-assisted bicycle is traveling in the same 28.9direction as the adjacent vehicular traffic. 28.10    Sec. 34. Minnesota Statutes 2010, section 169.72, subdivision 1, is amended to read: 28.11    Subdivision 1. Solid rubber, metal, and studded tires; exceptions; permits. (a) 28.12Every solid rubber tire on a vehicle shall new text begin must new text end have rubber on its entire traction surface at 28.13least one inch thick above the edge of the flange of the entire periphery. 28.14(b) No person shall operate or move on any highway any motor vehicle, trailer, or 28.15semitrailer, having any metal tire in contact with the roadway, except in case of emergency. 28.16(c) Except as provided in this section, no tire on a vehicle moved on a highway shall 28.17have on its periphery any block, stud, flange, cleat, or spike or any other protuberances 28.18of any material other than rubber which projects beyond the tread of the traction surface 28.19of the tire. 28.20 new text begin (d) new text end It shall be new text begin is new text end permissible to use any of the following on highways: 28.21 new text begin (1) new text end implements of husbandry with tires having protuberances which will not injure 28.22the highway, and new text begin ; new text end 28.23 new text begin (2) new text end tire chains of reasonable proportions upon any vehicle when required for safety 28.24because of snow, ice, or other conditions tending to cause a vehicle to skid new text begin ; and new text end 28.25 new text begin (3) tires on a bicycle as provided in section 169.222, subdivision 6 new text end . 28.26(d) new text begin (e) new text end The commissioner and local authorities in their respective jurisdictions may, 28.27in their discretion, issue special permits authorizing the operation upon a highway of 28.28traction engines or tractors having movable tracks with transverse corrugations upon the 28.29periphery of such movable tracks or farm tractors or other farm machinery, the operation 28.30of which upon a highway would otherwise be prohibited under this chapter. 28.31    Sec. 35. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is 28.32amended to read: 28.33    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with 28.34respect to highways under the commissioner's jurisdiction, may charge a fee for each 29.1permit issued. new text begin Unless otherwise specified, new text end all such fees for permits issued by the 29.2commissioner of transportation shall be deposited in the state treasury and credited to 29.3the trunk highway fund. Except for those annual permits for which the permit fees are 29.4specified elsewhere in this chapter, the fees shall be: 29.5    (a) $15 for each single trip permit. 29.6    (b) $36 for each job permit. A job permit may be issued for like loads carried on 29.7a specific route for a period not to exceed two months. "Like loads" means loads of the 29.8same product, weight, and dimension. 29.9    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive 29.10months. Annual permits may be issued for: 29.11    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety 29.12or well-being of the public; 29.13    (2) motor vehicles which travel on interstate highways and carry loads authorized 29.14under subdivision 1a; 29.15    (3) motor vehicles operating with gross weights authorized under section 169.826, 29.16subdivision 1a ; 29.17    (4) special pulpwood vehicles described in section 169.863; 29.18    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width; 29.19    (6) noncommercial transportation of a boat by the owner or user of the boat; 29.20    (7) motor vehicles carrying bales of agricultural products authorized under section 29.21169.862 ; and 29.22(8) special milk-hauling vehicles authorized under section 169.867. 29.23    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12 29.24consecutive months. Annual permits may be issued for: 29.25    (1) mobile cranes; 29.26    (2) construction equipment, machinery, and supplies; 29.27    (3) manufactured homes and manufactured storage buildings; 29.28    (4) implements of husbandry; 29.29    (5) double-deck buses; 29.30    (6) commercial boat hauling and transporting waterfront structures, including, but 29.31not limited to, portable boat docks and boat lifts; 29.32    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers 29.33for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, 29.34the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer 29.35only while operating on twin-trailer routes designated under section 169.81, subdivision 3, 29.36paragraph (c); and 30.1(8) vehicles operating on that portion of marked Trunk Highway 36 described in 30.2section 169.81, subdivision 3, paragraph (e). 30.3    (e) For vehicles which have axle weights exceeding the weight limitations of 30.4sections 169.823 to 169.829, an additional cost added to the fees listed above. However, 30.5this paragraph applies to any vehicle described in section 168.013, subdivision 3, 30.6paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in 30.7that paragraph, and then the additional cost is for all weight, including the allowance 30.8weight, in excess of the permitted maximum axle weight. The additional cost is equal 30.9to the product of the distance traveled times the sum of the overweight axle group cost 30.10factors shown in the following chart: 30.11 Overweight Axle Group Cost Factors 30.12 Weight (pounds) Cost Per Mile For Each Group Of: 30.13 30.14 30.15 30.16 30.17 exceeding weight limitations on axles Two consecutive axles spaced within 8 feet or less Three consecutive axles spaced within 9 feet or less Four consecutive axles spaced within 14 feet or less 30.18 0-2,000 .12 .05 .04 30.19 2,001-4,000 .14 .06 .05 30.20 4,001-6,000 .18 .07 .06 30.21 6,001-8,000 .21 .09 .07 30.22 8,001-10,000 .26 .10 .08 30.23 10,001-12,000 .30 .12 .09 30.24 30.25 12,001-14,000 Not permitted .14 .11 30.26 30.27 14,001-16,000 Not permitted .17 .12 30.28 30.29 16,001-18,000 Not permitted .19 .15 30.30 30.31 18,001-20,000 Not permitted Not permitted .16 30.32 30.33 20,001-22,000 Not permitted Not permitted .20 30.34The amounts added are rounded to the nearest cent for each axle or axle group. The 30.35additional cost does not apply to paragraph (c), clauses (1) and (3). 30.36For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile 30.37fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed 30.38in addition to the normal permit fee. Miles must be calculated based on the distance 30.39already traveled in the state plus the distance from the point of detection to a transportation 30.40loading site or unloading site within the state or to the point of exit from the state. 30.41    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight, 30.42or oversize and overweight, mobile cranes; construction equipment, machinery, and 31.1supplies; implements of husbandry; and commercial boat hauling. The fees for the permit 31.2are as follows: 31.3 Gross Weight (pounds) of Vehicle Annual Permit Fee 31.4 90,000 or less $200 31.5 90,001 - 100,000 $300 31.6 100,001 - 110,000 $400 31.7 110,001 - 120,000 $500 31.8 120,001 - 130,000 $600 31.9 130,001 - 140,000 $700 31.10 140,001 - 145,000 $800 31.11If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined 31.12under paragraph (e). 31.13    (g) For vehicles which exceed the width limitations set forth in section 169.80 by 31.14more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) 31.15when the permit is issued while seasonal load restrictions pursuant to section 169.87 are 31.16in effect. 31.17    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for 31.18refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on 31.19a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, 31.20subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 31.21pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 31.22pounds. 31.23    (i) $300 for a motor vehicle described in section 169.8261. The fee under this 31.24paragraph must be deposited as follows: 31.25    (1) in fiscal years 2005 through 2010: 31.26    (i) new text begin (1) new text end the first $50,000 in each fiscal year must be deposited in the trunk highway 31.27fund for costs related to administering the permit program and inspecting and posting 31.28bridges; new text begin and new text end 31.29    (ii) new text begin (2) new text end all remaining money in each fiscal year must be deposited in a new text begin the new text end bridge 31.30inspection and signing account in the special revenue fund new text begin as provided under subdivision new text end 31.31 new text begin 5a new text end . Money in the account is appropriated to the commissioner for: 31.32    (A) inspection of local bridges and identification of local bridges to be posted, 31.33including contracting with a consultant for some or all of these functions; and 31.34    (B) erection of weight-posting signs on local bridges; and 31.35    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway 31.36fund. 32.1    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating 32.2under authority of section 169.824, subdivision 2, paragraph (a), clause (2). 32.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 32.4    Sec. 36. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision 32.5to read: 32.6     new text begin Subd. 5a. new text end new text begin Bridge inspection and signing account; appropriation. new text end new text begin (a) A bridge new text end 32.7 new text begin inspection and signing account is established in the special revenue fund. The account new text end 32.8 new text begin consists of fees for special permits as specified under this chapter, and any other money new text end 32.9 new text begin donated, allotted, transferred, or otherwise provided to the account. new text end 32.10     new text begin (b) The revenue in the bridge inspection and signing account under this subdivision new text end 32.11 new text begin is annually appropriated to the commissioner for: new text end 32.12     new text begin (1) inspection of local bridges and identification of local bridges to be posted, new text end 32.13 new text begin including contracting with a consultant for some or all of these functions; and new text end 32.14     new text begin (2) erection of weight-posting signs on local bridges. new text end 32.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 32.16    Sec. 37. Minnesota Statutes 2010, section 169.865, subdivision 4, is amended to read: 32.17    Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued 32.18by the commissioner under this section must be deposited: 32.19(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account 32.20in the special revenue fund; and 32.21    (2) in fiscal year 2012 and subsequent years, in the trunk highway fund new text begin as provided new text end 32.22 new text begin under section 169.86, subdivision 5a new text end . 32.23    (b) The revenue in the bridge inspection and signing account under this section is 32.24annually appropriated to the commissioner for: 32.25    (1) inspection of local bridges and identification of local bridges to be posted, 32.26including contracting with a consultant for some or all of these functions; and 32.27    (2) erection of weight-posting signs on local bridges. 32.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 32.29    Sec. 38. Minnesota Statutes 2010, section 169.872, subdivision 1a, is amended to read: 32.30    Subd. 1a. Limit on civil penalties. A civil penalty for excessive weight under 32.31section 169.871 may be imposed based on a record of a shipment under this section only if 32.32a state law enforcement officer or motor transportation representative new text begin : (1) new text end has inspected 33.1and copied the record within 14 days of the date the shipment was received by the person 33.2keeping the record new text begin ; and (2) has assessed the penalty within 90 days of the date the officer new text end 33.3 new text begin or representative inspected and copied the record new text end . 33.4    Sec. 39. Minnesota Statutes 2010, section 169.98, subdivision 1, is amended to read: 33.5    Subdivision 1. Colors and markings. (a) Except as provided in subdivisions 2 and 33.62a, all motor vehicles which are primarily used in the enforcement of highway traffic rules 33.7by the State Patrol or for general uniform patrol assignment by any municipal police 33.8department or other law enforcement agency, except conservation officers, shall have 33.9uniform colors and markings as provided in this subdivision. Motor vehicles of: 33.10(1) municipal police departments, including the University of Minnesota Police 33.11Department and park police units, shall be predominantly blue, brown, green, black, 33.12or white; 33.13(2) the State Patrol shall be predominantly maroon; and 33.14(3) the county sheriff's office shall be predominantly brown new text begin , black, gold, new text end or white. 33.15(b) The identity of the governmental unit operating the vehicle shall be displayed on 33.16both front door panels and on the rear of the vehicle. The identity may be in the form of 33.17a shield or emblem, or may be the word "police," "sheriff," or the words "State Patrol" 33.18or "conservation officer," as appropriate, with letters not less than 2-1/2 inches high, 33.19one-inch wide and of a three-eighths inch brush stroke. The identity shall be of a color 33.20contrasting with the background color so that the motor vehicle is easily identifiable as 33.21belonging to a specific type of law enforcement agency. Each vehicle shall be marked 33.22with its own identifying number on the rear of the vehicle. The number shall be printed 33.23in the same size and color required pursuant to this subdivision for identifying words 33.24which may be displayed on the vehicle. 33.25    Sec. 40. Minnesota Statutes 2010, section 169.98, subdivision 3, is amended to read: 33.26    Subd. 3. Security guard vehicle. (a) All motor vehicles which are used by security 33.27guards in the course of their employment may have any color other than those specified in 33.28subdivision 1 for law enforcement vehicles. The identity of the security service shall be 33.29displayed on the motor vehicle as required for law enforcement vehicles. 33.30(b) Notwithstanding subdivision 1, paragraph (a), clause (1), a security guard may 33.31continue to use a motor vehicle that is predominantly black in the course of the guard's 33.32employment if the vehicle was being used in this manner before August 1, 2002. 34.1 new text begin (c) Notwithstanding subdivision 1, paragraph (a), clause (3), a security guard may new text end 34.2 new text begin continue to use a motor vehicle that is predominantly gold in the course of the guard's new text end 34.3 new text begin employment if the vehicle was being used in this manner before August 1, 2012. new text end 34.4    Sec. 41. Minnesota Statutes 2010, section 171.01, subdivision 41, is amended to read: 34.5    Subd. 41. Motorized bicycle. "Motorized bicycle" means a bicycle that is propelled 34.6by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic 34.7centimeters or less, and a maximum of two brake horsepower, which is capable of a 34.8maximum speed of not more than 30 miles per hour on a flat surface with not more than 34.9one percent grade in any direction when the motor is engaged. "Motorized bicycle" 34.10includes an electric-assisted bicycle as defined in section 169.011, subdivision 27 new text begin has the new text end 34.11 new text begin meaning given in section 169.011, subdivision 45 new text end . 34.12    Sec. 42. Minnesota Statutes 2011 Supplement, section 171.075, subdivision 1, is 34.13amended to read: 34.14    Subdivision 1. Anatomical gift account. An anatomical gift account is established 34.15in the special revenue fund. The account consist of funds donated under sections new text begin new text end 34.16 new text begin 168.013 new text end , subdivision 5 new text begin 22 new text end , and 171.06, subdivision 2, and any other money donated, 34.17allotted, transferred, or otherwise provided to the account. Money in the account is 34.18annually appropriated to the commissioner for (1) grants under subdivision 2, and (2) 34.19administrative expenses in implementing the donation and grant program. 34.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2013. new text end 34.21    Sec. 43. new text begin [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE. new text end 34.22     new text begin Subdivision 1. new text end new text begin Certificate required. new text end new text begin No person may perform traffic control as a new text end 34.23 new text begin motorcycle road guard as provided under chapter 169 without a valid motorcycle road new text end 34.24 new text begin guard certificate issued by the commissioner. new text end 34.25     new text begin Subd. 2. new text end new text begin Certification qualifications and standards. new text end new text begin Through the Minnesota new text end 34.26 new text begin Motorcycle Safety Center, the commissioner of public safety shall: new text end 34.27 new text begin (1) establish qualifications and requirements for a person to obtain a motorcycle road new text end 34.28 new text begin guard certificate under this section, which must include: new text end 34.29 new text begin (i) a minimum 18 years of age; new text end 34.30 new text begin (ii) possession of a valid driver's license; and new text end 34.31 new text begin (iii) successful completion of a motorcycle road guard certification course; new text end 34.32 new text begin (2) develop and offer, whether by the Minnesota Motorcycle Safety Center or new text end 34.33 new text begin authorized agents, a motorcycle road guard certification course; and new text end 35.1 new text begin (3) establish safety and equipment standards for a person who operates under a new text end 35.2 new text begin motorcycle road guard certificate, including but not limited to specifying requirements new text end 35.3 new text begin for a reflective safety vest. new text end 35.4     new text begin Subd. 3. new text end new text begin Fee. new text end new text begin The commissioner of public safety shall assess a fee for each applicant new text end 35.5 new text begin for a motorcycle road guard certificate, calculated to cover the commissioner's cost of new text end 35.6 new text begin establishing and administering the program. new text end 35.7     new text begin Subd. 4. new text end new text begin Penalty. new text end new text begin A person who violates any provision of this section is guilty new text end 35.8 new text begin of a petty misdemeanor. new text end 35.9     new text begin Subd. 5. new text end new text begin Rulemaking. new text end new text begin The commissioner of public safety shall adopt rules to carry new text end 35.10 new text begin out the provisions of this section. Notwithstanding section 16A.1283, the rules must new text end 35.11 new text begin specify the fee to be assessed under subdivision 3. new text end 35.12 new text begin EFFECTIVE DATE. new text end new text begin Subdivisions 1 to 4 are effective one year after publication new text end 35.13 new text begin in the State Register of rules adopted under subdivision 5. Subdivision 5 is effective the new text end 35.14 new text begin day following final enactment. new text end 35.15    Sec. 44. Minnesota Statutes 2010, section 174.03, is amended by adding a subdivision 35.16to read: 35.17     new text begin Subd. 1d. new text end new text begin Freight rail economic development study. new text end new text begin (a) The commissioner of new text end 35.18 new text begin transportation, in cooperation with the commissioner of the Department of Employment new text end 35.19 new text begin and Economic Development, shall conduct a freight rail economic development study. new text end 35.20 new text begin The study will assess the economic impact of freight railroads in the state and identify new text end 35.21 new text begin opportunities to expand business development and enhance economic competitiveness new text end 35.22 new text begin through improved utilization of freight rail options. Findings from the study shall be new text end 35.23 new text begin incorporated as an amendment to the statewide freight and passenger rail plan. new text end 35.24 new text begin (b) The commissioner of transportation shall provide an interim progress report on new text end 35.25 new text begin the study by January 15, 2013, and a final report on September 1, 2013, to the chairs new text end 35.26 new text begin and ranking minority members of the legislative committees with jurisdiction over new text end 35.27 new text begin transportation policy and finance and over employment and economic development. The new text end 35.28 new text begin reports shall include any recommended legislative initiatives. new text end 35.29 new text begin (c) The commissioner of transportation may expend up to $216,000 in fiscal year new text end 35.30 new text begin 2013 under section 222.50, subdivision 7, to pay the costs of this study and report. new text end 35.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 35.32    Sec. 45. new text begin [174.40] SAFE ROUTES TO SCHOOL PROGRAM. new text end 36.1     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For purposes of this section, the following terms new text end 36.2 new text begin have the meanings given them. new text end 36.3 new text begin (b) "Bond eligible cost" means expenditures under this section for acquisition of new text end 36.4 new text begin land or permanent easements, predesign, design, preliminary and final engineering, new text end 36.5 new text begin environmental analysis, construction, and reconstruction of publicly owned infrastructure new text end 36.6 new text begin in this state with a useful life of at least ten years that provides for nonmotorized new text end 36.7 new text begin transportation to and from a school; preparation of land for which a route to school new text end 36.8 new text begin is established, including demolition of structures and remediation of any hazardous new text end 36.9 new text begin conditions on the land; and the unpaid principal on debt issued by a political subdivision new text end 36.10 new text begin for a safe routes to school project. new text end 36.11 new text begin (c) "Federal program" means the safe routes to school program under Title I, section new text end 36.12 new text begin 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy new text end 36.13 new text begin for Users (SAFETEA-LU) of 2005, Public Law 109-59. new text end 36.14 new text begin (d) "School" means a school, as defined in section 120A.22, subdivision 4, excluding new text end 36.15 new text begin a home school. new text end 36.16     new text begin Subd. 2. new text end new text begin Program creation. new text end new text begin (a) A safe routes to school program is established new text end 36.17 new text begin to provide assistance in capital investments for safe and appealing nonmotorized new text end 36.18 new text begin transportation to and from a school. The commissioner shall develop and implement the new text end 36.19 new text begin safe routes to school program as provided in this section. Financial assistance under new text end 36.20 new text begin this section is to supplement or replace aid for infrastructure projects under the federal new text end 36.21 new text begin program. new text end 36.22 new text begin (b) The commissioner may provide grants or other financial assistance for a safe new text end 36.23 new text begin routes to school project at the commissioner's discretion, subject to the requirements new text end 36.24 new text begin of this section. new text end 36.25     new text begin Subd. 3. new text end new text begin Safe routes to school accounts. new text end new text begin (a) A safe routes to school account is new text end 36.26 new text begin established in the bond proceeds fund. The account consists of state bond proceeds new text end 36.27 new text begin appropriated to the commissioner. Money in the account may only be expended on new text end 36.28 new text begin bond-eligible costs of a project receiving financial assistance as provided under this new text end 36.29 new text begin section. All uses of funds from the account must be for publicly owned property. new text end 36.30 new text begin (b) A safe routes to school account is established in the general fund. The account new text end 36.31 new text begin consists of funds as provided by law, and any other money donated, allotted, transferred, new text end 36.32 new text begin or otherwise provided to the account. Money in the account may only be expended on a new text end 36.33 new text begin project receiving financial assistance as provided under this section. new text end 36.34     new text begin Subd. 4. new text end new text begin State general obligation bond funds. new text end new text begin Minnesota Constitution, article XI, new text end 36.35 new text begin section 5, clause (a), requires that state general obligation bonds be issued to finance only new text end 36.36 new text begin the acquisition or betterment of public land, buildings, and other public improvements new text end 37.1 new text begin of a capital nature. The legislature has determined that many school transportation new text end 37.2 new text begin infrastructure projects will constitute betterments and capital improvements within the new text end 37.3 new text begin meaning of the Minnesota Constitution and capital expenditures under generally accepted new text end 37.4 new text begin accounting principles, and will be financed more efficiently and economically under this new text end 37.5 new text begin section than by direct appropriations for specific projects. new text end 37.6     new text begin Subd. 5. new text end new text begin Program administration. new text end new text begin (a) The commissioner shall establish general new text end 37.7 new text begin program requirements and a competitive process for financial assistance, including but new text end 37.8 new text begin not limited to eligibility requirements for grant recipients and projects; procedures for new text end 37.9 new text begin solicitation of grants; application requirements; procedures for payment of financial new text end 37.10 new text begin assistance awards; and a schedule for application, evaluation, and award of financial new text end 37.11 new text begin assistance. new text end 37.12 new text begin (b) An application must include: new text end 37.13 new text begin (1) a detailed and specific description of the project; new text end 37.14 new text begin (2) an estimate, along with necessary supporting evidence, of the total costs for the new text end 37.15 new text begin project and the allocation of identified and proposed funding sources for the project; new text end 37.16 new text begin (3) an assessment of the need for and benefits of the project; new text end 37.17 new text begin (4) a resolution adopted by the governing body of the school for which a safe routes new text end 37.18 new text begin to school grant is requested, certifying that: (i) the governing body of the school supports new text end 37.19 new text begin the project; and (ii) funds, if any, required to be supplied by the school to complete the new text end 37.20 new text begin project are available and committed; new text end 37.21 new text begin (5) a timeline indicating the major milestones of the project and their anticipated new text end 37.22 new text begin completion dates; and new text end 37.23 new text begin (6) any additional information or material the commissioner prescribes. new text end 37.24 new text begin (c) The commissioner shall make reasonable efforts to (1) publicize each solicitation new text end 37.25 new text begin for applications among all eligible recipients, and (2) provide technical and informational new text end 37.26 new text begin assistance in creating and submitting applications. new text end 37.27 new text begin (d) By January 1, 2013, the commissioner of transportation shall publish and new text end 37.28 new text begin maintain a manual on the safe routes to school program that assists applicants for and new text end 37.29 new text begin recipients of financial assistance. The manual must include a list of eligibility and general new text end 37.30 new text begin program requirements, an explanation of the application process, and a review of the new text end 37.31 new text begin criteria used to evaluate projects. new text end 37.32     new text begin Subd. 6. new text end new text begin Evaluation criteria. new text end new text begin The commissioner shall establish criteria for new text end 37.33 new text begin evaluation of applications and selection of projects. The criteria must include: new text end 37.34 new text begin (1) establishment or capital improvement of transportation infrastructure that new text end 37.35 new text begin improves safety and encourages nonmotorized transportation to and from a school; new text end 38.1 new text begin (2) compliance with all applicable requirements for capital infrastructure projects new text end 38.2 new text begin established by the Federal Highway Administration, U.S. Department of Transportation, new text end 38.3 new text begin for the federal program; and new text end 38.4 new text begin (3) other components as determined by the commissioner. new text end 38.5     new text begin Subd. 7. new text end new text begin Grant cancellation. new text end new text begin If, five years after execution of a grant agreement, new text end 38.6 new text begin the commissioner determines that the grantee has not proceeded in a timely manner new text end 38.7 new text begin with implementation of the project funded, the commissioner must cancel the grant new text end 38.8 new text begin and the grantee must repay to the commissioner all grant money paid to the grantee. new text end 38.9 new text begin Section 16A.642 applies to any appropriations made from the bond proceeds fund to the new text end 38.10 new text begin commissioner under this section that have not been awarded as financial assistance. new text end 38.11     new text begin Subd. 8. new text end new text begin Legislative report. new text end new text begin By November 1 annually, the commissioner shall new text end 38.12 new text begin submit a report on the safe routes to school program to the chairs and ranking minority new text end 38.13 new text begin members of the house of representatives and senate committees with jurisdiction over new text end 38.14 new text begin transportation policy and finance. The report must at a minimum: new text end 38.15 new text begin (1) summarize program implementation; new text end 38.16 new text begin (2) provide an overview of grant evaluation and criteria used in project selection; new text end 38.17 new text begin (3) provide a brief description of each project funded in the previous fiscal year, new text end 38.18 new text begin including the amount of money provided from each safe routes to school account under new text end 38.19 new text begin this section and the amount provided under the federal program; new text end 38.20 new text begin (4) summarize the status of the federal program or successor legislation; and new text end 38.21 new text begin (5) identify any recommendations for legislative changes, including proposals to new text end 38.22 new text begin improve program effectiveness. new text end 38.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.24    Sec. 46. Minnesota Statutes 2010, section 221.091, subdivision 2, is amended to read: 38.25    Subd. 2. Small vehicle passenger service. (a) A city that licenses and regulates 38.26small vehicle passenger service must do so by ordinance. The ordinance must, at a 38.27minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle 38.28inspections. A city that has adopted an ordinance complying with this subdivision may 38.29enforce the registration requirement in section 221.021. 38.30(b) A person who provides small vehicle passenger service to an individual for the 38.31purpose of obtaining nonemergency medical care and who receives reimbursement under 38.32section , subdivision 17, for providing the service, must comply with the rules 38.33of the commissioner adopted under section . 38.34    Sec. 47. Minnesota Statutes 2010, section 222.63, subdivision 9, is amended to read: 39.1    Subd. 9. Rail bank property use; petty misdemeanors new text begin penalties new text end . (a) Except 39.2for the actions of road authorities and their agents, employees, and contractors, and of 39.3utilities, in carrying out their duties imposed by permit, law, or contract, and except 39.4as otherwise provided in this section, it is unlawful to new text begin knowingly new text end perform any of the 39.5following activities on rail bank property: 39.6    (1) obstruct any trail; 39.7    (2) deposit snow or ice; 39.8    (3) remove or place any earth, new text begin vegetation, new text end gravel, or rock without authorization; 39.9    (4) obstruct or remove any ditch-draining device, or drain any harmful or dangerous 39.10materials; 39.11    (5) erect a fence, or place or maintain any advertising, sign, or memorial new text begin , except new text end 39.12 new text begin upon authorization by the commissioner of transportation new text end ; 39.13    (6) remove, injure, displace, or destroy right-of-way markers or reference or witness 39.14monuments or markers placed to preserve section or quarter-section corners defining 39.15rail bank property limits; 39.16    (7) drive upon any portion of rail bank property, except at approved crossings, and 39.17except where authorized for snowmobiles, emergency vehicles, maintenance vehicles, or 39.18other vehicles authorized to use rail bank property; 39.19    (8) deface, mar, damage, or tamper with any structure, work, material, sign, marker, 39.20paving, guardrail, drain, or any other rail bank appurtenance; or 39.21    (9) park, overhang, or abandon any unauthorized vehicle or implement of husbandry 39.22on, across, or over the limits of rail bank property. new text begin ; new text end 39.23 new text begin (10) plow, disc, or perform any other detrimental operation; or new text end 39.24 new text begin (11) place or maintain any permanent structure. new text end 39.25    (b) Unless a greater penalty is provided elsewhere in statute, any new text begin a new text end violation of this 39.26subdivision is a petty misdemeanor. new text begin A second or subsequent violation is a misdemeanor. new text end 39.27    (c) The cost to remove, repair, or perform any other corrective action necessitated by 39.28a violation of this subdivision may be charged to the violator. 39.29    Sec. 48. Minnesota Statutes 2010, section 296A.07, subdivision 4, is amended to read: 39.30    Subd. 4. Exemptions. The provisions of subdivision 1 do not apply to gasoline or 39.31denatured ethanol purchased by: 39.32    (1) a transit system or transit provider receiving financial assistance or 39.33reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; 39.34    (2) new text begin providers of transportation to recipients of medical assistance home and new text end 39.35 new text begin community-based services waivers enrolled in day programs, including adult day care, new text end 40.1 new text begin family adult day care, day treatment and habilitation, prevocational services, and new text end 40.2 new text begin structured day services; new text end 40.3 new text begin (3) new text end an ambulance service licensed under chapter 144E; or 40.4 new text begin (4) providers of medical or dental services by a federally qualified health center, new text end 40.5 new text begin as defined under title 19 of the Social Security Act, as amended by Section 4161 of the new text end 40.6 new text begin Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a new text end 40.7 new text begin mobile medical unit; or new text end 40.8    (3) new text begin (5) new text end a licensed distributor to be delivered to a terminal for use in blending. 40.9 new text begin EFFECTIVE DATE. new text end new text begin Clause (2) is effective retroactively from January 1, 2012, new text end 40.10 new text begin and clause (4) is effective retroactively from January 1, 2011. new text end 40.11    Sec. 49. Minnesota Statutes 2010, section 296A.08, subdivision 3, is amended to read: 40.12    Subd. 3. Exemptions. The provisions of subdivisions 1 and 2 do not apply to 40.13special fuel or alternative fuels purchased by: 40.14    (1) a transit system or transit provider receiving financial assistance or 40.15reimbursement under section 174.24, 256B.0625, subdivision 17, or 473.384; 40.16    (2) new text begin providers of transportation to recipients of medical assistance home and new text end 40.17 new text begin community-based services waivers enrolled in day programs, including adult day care, new text end 40.18 new text begin family adult day care, day treatment and habilitation, prevocational services, and new text end 40.19 new text begin structured day services; new text end 40.20 new text begin (3) new text end an ambulance service licensed under chapter 144E; or 40.21 new text begin (4) providers of medical or dental services by a federally qualified health center, new text end 40.22 new text begin as defined under title 19 of the Social Security Act, as amended by Section 4161 of the new text end 40.23 new text begin Omnibus Budget Reconciliation Act of 1990, with a motor vehicle used exclusively as a new text end 40.24 new text begin mobile medical unit; or new text end 40.25    (3) new text begin (5) new text end a licensed distributor to be delivered to a terminal for use in blending. 40.26 new text begin EFFECTIVE DATE. new text end new text begin Clause (2) is effective retroactively from January 1, 2012, new text end 40.27 new text begin and clause (4) is effective retroactively from January 1, 2011. new text end 40.28    Sec. 50. Minnesota Statutes 2010, section 297A.68, subdivision 19, is amended to read: 40.29    Subd. 19. Petroleum products. The following petroleum products are exempt: 40.30(1) products upon which a tax has been imposed and paid under chapter 296A, 40.31and for which no refund has been or will be allowed because the buyer used the fuel 40.32for nonhighway use; 41.1(2) products that are used in the improvement of agricultural land by constructing, 41.2maintaining, and repairing drainage ditches, tile drainage systems, grass waterways, water 41.3impoundment, and other erosion control structures; 41.4(3) products purchased by a transit system receiving financial assistance under 41.5section 174.24, 256B.0625, subdivision 17, or 473.384; 41.6(4) products purchased by an ambulance service licensed under chapter 144E; 41.7(5) products used in a passenger snowmobile, as defined in section 296A.01, 41.8subdivision 39 , for off-highway business use as part of the operations of a resort as 41.9provided under section 296A.16, subdivision 2, clause (2); or 41.10(6) products purchased by a state or a political subdivision of a state for use in motor 41.11vehicles exempt from registration under section 168.012, subdivision 1, paragraph (b) new text begin ; new text end 41.12 new text begin (7) products purchased by providers of transportation to recipients of medical new text end 41.13 new text begin assistance home and community-based services waivers enrolled in day programs, new text end 41.14 new text begin including adult day care, family adult day care, day treatment and habilitation, new text end 41.15 new text begin prevocational services, and structured day services; or new text end 41.16 new text begin (8) products used in a motor vehicle used exclusively as a mobile medical unit new text end 41.17 new text begin for the provision of medical or dental services by a federally qualified health center, as new text end 41.18 new text begin defined under title 19 of the federal Social Security Act, as amended by Section 4161 of new text end 41.19 new text begin the Omnibus Budget Reconciliation Act of 1990 new text end . 41.20 new text begin EFFECTIVE DATE. new text end new text begin Clause (7) is effective retroactively from January 1, 2012, new text end 41.21 new text begin and clause (8) is effective retroactively from January 1, 2011. new text end 41.22    Sec. 51. Minnesota Statutes 2011 Supplement, section 297B.03, is amended to read: 41.23297B.03 EXEMPTIONS. 41.24    There is specifically exempted from the provisions of this chapter and from 41.25computation of the amount of tax imposed by it the following: 41.26    (1) purchase or use, including use under a lease purchase agreement or installment 41.27sales contract made pursuant to section 465.71, of any motor vehicle by the United States 41.28and its agencies and instrumentalities and by any person described in and subject to the 41.29conditions provided in section 297A.67, subdivision 11; 41.30    (2) purchase or use of any motor vehicle by any person who was a resident of 41.31another state or country at the time of the purchase and who subsequently becomes a 41.32resident of Minnesota, provided the purchase occurred more than 60 days prior to the date 41.33such person began residing in the state of Minnesota and the motor vehicle was registered 41.34in the person's name in the other state or country; 42.1    (3) purchase or use of any motor vehicle by any person making a valid election to be 42.2taxed under the provisions of section 297A.90; 42.3    (4) purchase or use of any motor vehicle previously registered in the state of 42.4Minnesota when such transfer constitutes a transfer within the meaning of section 118, 42.5331, 332, 336, 337, 338, 351, 355, 368, 721, 731, 1031, 1033, or 1563(a) of the Internal 42.6Revenue Code; 42.7    (5) purchase or use of any vehicle owned by a resident of another state and leased 42.8to a Minnesota-based private or for-hire carrier for regular use in the transportation of 42.9persons or property in interstate commerce provided the vehicle is titled in the state of 42.10the owner or secured party, and that state does not impose a sales tax or sales tax on 42.11motor vehicles used in interstate commerce; 42.12    (6) purchase or use of a motor vehicle by a private nonprofit or public educational 42.13institution for use as an instructional aid in automotive training programs operated by the 42.14institution. "Automotive training programs" includes motor vehicle body and mechanical 42.15repair courses but does not include driver education programs; 42.16    (7) purchase of a motor vehicle by an ambulance service licensed under section 42.17144E.10 when that vehicle is equipped and specifically intended for emergency response 42.18or for providing ambulance service; 42.19    (8) purchase of a motor vehicle by or for a public library, as defined in section 42.20134.001, subdivision 2 , as a bookmobile or library delivery vehicle; 42.21    (9) purchase of a ready-mixed concrete truck; 42.22    (10) purchase or use of a motor vehicle by a town for use exclusively for road 42.23maintenance, including snowplows and dump trucks, but not including automobiles, 42.24vans, or pickup trucks; 42.25    (11) purchase or use of a motor vehicle by a corporation, society, association, 42.26foundation, or institution organized and operated exclusively for charitable, religious, 42.27or educational purposes, except a public school, university, or library, but only if the 42.28vehicle is: 42.29    (i) a truck, as defined in section 168.002, a bus, as defined in section 168.002, or a 42.30passenger automobile, as defined in section 168.002, if the automobile is designed and 42.31used for carrying more than nine persons including the driver; and 42.32    (ii) intended to be used primarily to transport tangible personal property or 42.33individuals, other than employees, to whom the organization provides service in 42.34performing its charitable, religious, or educational purpose; 42.35    (12) purchase of a motor vehicle for use by a transit provider exclusively to provide 42.36transit service is exempt if the transit provider is either (i) receiving financial assistance or 43.1reimbursement under section 174.24 or 473.384, or (ii) operating under section 174.29, 43.2473.388 , or 473.405; 43.3    (13) purchase or use of a motor vehicle by a qualified business, as defined in section 43.4469.310 , located in a job opportunity building zone, if the motor vehicle is principally 43.5garaged in the job opportunity building zone and is primarily used as part of or in direct 43.6support of the person's operations carried on in the job opportunity building zone. The 43.7exemption under this clause applies to sales, if the purchase was made and delivery 43.8received during the duration of the job opportunity building zone. The exemption under 43.9this clause also applies to any local sales and use tax; and 43.10    (14) purchase of a leased vehicle by the lessee who was a participant in a 43.11lease-to-own program from a charitable organization that is: 43.12    (i) described in section 501(c)(3) of the Internal Revenue Code; and 43.13    (ii) licensed as a motor vehicle lessor under section 168.27, subdivision 4 new text begin ; and new text end 43.14 new text begin (15) purchase of a motor vehicle used exclusively as a mobile medical unit for the new text end 43.15 new text begin provision of medical or dental services by a federally qualified health center, as defined new text end 43.16 new text begin under title 19 of the Social Security Act, as amended by section 4161 of the Omnibus new text end 43.17 new text begin Budget Reconciliation Act of 1990 new text end . 43.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively for sales and purchases new text end 43.19 new text begin made on and after January 1, 2011. new text end 43.20    Sec. 52. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read: 43.21    Subd. 2. Certificate. new text begin Except as provided in subdivision 2a, new text end no person may operate 43.22as an overdimensional load escort driver in this state without a certificate issued by the 43.23commissioner, or by a state with which the commissioner has entered into a reciprocal 43.24agreement. The commissioner shall assess a fee for each certificate applicant, calculated 43.25to cover the commissioner's cost of establishing and administering the program. 43.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 43.27 new text begin and expires on the December 31 that occurs immediately after two years following the new text end 43.28 new text begin publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3, new text end 43.29 new text begin subdivision 5. new text end 43.30    Sec. 53. Minnesota Statutes 2010, section 299D.085, is amended by adding a 43.31subdivision to read: 43.32     new text begin Subd. 2a. new text end new text begin Exceptions. new text end new text begin A person who is a minimum of 18 years of age, possesses a new text end 43.33 new text begin valid operator's license for the type of vehicle being operated, and meets vehicle and safety new text end 44.1 new text begin equipment standards specified by the commissioner may operate without a certificate as an new text end 44.2 new text begin overdimensional load escort driver when: (1) the load consists of manufactured homes, new text end 44.3 new text begin as defined in section 327.31, subdivision 6, or modular homes, as defined in section new text end 44.4 new text begin 272.02, subdivision 85, paragraph (c); (2) the load does not extend over the centerline of a new text end 44.5 new text begin roadway; and (3) the vehicle carrying the overdimensional load is not routed to travel the new text end 44.6 new text begin wrong way on a roadway. new text end 44.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 44.8 new text begin and expires on the December 31 that occurs immediately after two years following the new text end 44.9 new text begin publication in the State Register of rules adopted under Laws 2010, chapter 311, section 3, new text end 44.10 new text begin subdivision 5. new text end 44.11    Sec. 54. Minnesota Statutes 2010, section 299D.09, is amended to read: 44.12299D.09 ESCORT SERVICE; APPROPRIATION; RECEIPTS. 44.13    Fees charged for escort services provided by the State Patrol are annually 44.14appropriated to the commissioner of public safety to administer and provide these services. 44.15    The fees new text begin fee new text end charged for services provided by the State Patrol with a vehicle are 44.16$73.60 new text begin is $79.28 new text end an hour in fiscal year 2008 and $75.76 an hour in fiscal year 2009 and 44.17thereafter. The fees new text begin fee new text end charged for services provided without a vehicle are $54 new text begin is $59.28 new text end 44.18an hour in fiscal year 2008 and $56.16 an hour in fiscal year 2009 and thereafter. 44.19    The fees charged for State Patrol flight services are $140 an hour for a fixed wing 44.20aircraft, $490 an hour for a helicopter, and $600 an hour for the Queen Air new text begin in fiscal year new text end 44.21 new text begin 2012; and $139.64 an hour for a fixed wing aircraft, $560.83 an hour for a helicopter, and new text end 44.22 new text begin $454.84 an hour for the Queen Air in fiscal year 2013 and thereafter new text end . 44.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 44.24    Sec. 55. Minnesota Statutes 2010, section 473.39, is amended by adding a subdivision 44.25to read: 44.26     new text begin Subd. 1r. new text end new text begin Obligations. new text end new text begin After July 1, 2012, in addition to other authority under this new text end 44.27 new text begin section, the council may issue certificates of indebtedness, bonds, or other obligations new text end 44.28 new text begin under this section in an amount not exceeding $39,600,000 for capital expenditures as new text end 44.29 new text begin prescribed in the council's transit capital improvement program and for related costs, new text end 44.30 new text begin including the costs of issuance and sale of the obligations. Of this authorization, up to new text end 44.31 new text begin $4,200,000 may be made available to fund capital projects in amounts that would have new text end 44.32 new text begin otherwise been funded using replacement transit service provider reserves that were new text end 45.1 new text begin reduced in 2012 as a result of Laws 2011, First Special Session chapter 3, article 1, new text end 45.2 new text begin section 4. new text end 45.3 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective the day following new text end 45.4 new text begin final enactment, and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, new text end 45.5 new text begin Scott, and Washington. new text end 45.6    Sec. 56. Laws 2009, chapter 158, section 10, is amended to read: 45.7    Sec. 10. EFFECTIVE DATE. 45.8Sections 2 and 3 are effective August 1, 2009, and the amendments made in sections 45.92 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2012 new text begin 2014 new text end . 45.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 45.11    Sec. 57. new text begin LEGISLATIVE ROUTE NO. 227 REMOVED. new text end 45.12 new text begin (a) Minnesota Statutes, section 161.115, subdivision 158, is repealed effective the new text end 45.13 new text begin day after the commissioner of transportation receives a copy of the agreement between new text end 45.14 new text begin the commissioner and the governing body of Wadena County to transfer jurisdiction of new text end 45.15 new text begin Legislative Route No. 227 and notifies the revisor of statutes under paragraph (b). new text end 45.16 new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from new text end 45.17 new text begin Minnesota Statutes when the commissioner of transportation sends notice to the revisor new text end 45.18 new text begin electronically or in writing that the conditions required to transfer the route have been new text end 45.19 new text begin satisfied. new text end 45.20    Sec. 58. new text begin LEGISLATIVE ROUTE NO. 258 REMOVED. new text end 45.21 new text begin (a) Minnesota Statutes, section 161.115, subdivision 189, is repealed effective the new text end 45.22 new text begin day after the commissioner of transportation receives a copy of the agreement between new text end 45.23 new text begin the commissioner and the governing body of Brown County to transfer jurisdiction of new text end 45.24 new text begin Legislative Route No. 258 and notifies the revisor of statutes under paragraph (b). new text end 45.25 new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from new text end 45.26 new text begin Minnesota Statutes when the commissioner of transportation sends notice to the revisor new text end 45.27 new text begin electronically or in writing that the conditions required to transfer the route have been new text end 45.28 new text begin satisfied. new text end 45.29    Sec. 59. new text begin LEGISLATIVE ROUTE NO. 291 REMOVED. new text end 45.30 new text begin (a) Minnesota Statutes, section 161.115, subdivision 222, is repealed effective the new text end 45.31 new text begin day after the commissioner of transportation receives a copy of the agreement between the new text end 46.1 new text begin commissioner and the governing body of the city of Hastings to transfer jurisdiction of new text end 46.2 new text begin Legislative Route No. 291 and notifies the revisor of statutes under paragraph (b). new text end 46.3 new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from new text end 46.4 new text begin Minnesota Statutes when the commissioner of transportation sends notice to the revisor new text end 46.5 new text begin electronically or in writing that the conditions required to transfer the route have been new text end 46.6 new text begin satisfied. new text end 46.7    Sec. 60. new text begin I-94 NOISE IMPACTS STAKEHOLDER GROUP. new text end 46.8 new text begin (a) The commissioner of transportation shall establish a noise impacts stakeholder new text end 46.9 new text begin group in conjunction with all trunk highway projects on marked Interstate Highway new text end 46.10 new text begin 94, at or near the interchange with marked Trunk Highway 280 in St. Paul, for which new text end 46.11 new text begin preliminary engineering or preliminary design commences prior to January 1, 2018. new text end 46.12 new text begin (b) At a minimum, membership of the stakeholder group consists of Department of new text end 46.13 new text begin Transportation project team representatives and interested community stakeholders. new text end 46.14 new text begin (c) As part of the project development process for any project identified under new text end 46.15 new text begin paragraph (a), the commissioner shall consult with the stakeholder group to provide new text end 46.16 new text begin background information and data on noise impacts, review practices and evaluation new text end 46.17 new text begin options for noise mitigation, and obtain recommendations from the stakeholder group for new text end 46.18 new text begin noise mitigation components of the project design. new text end 46.19    Sec. 61. new text begin MUNICIPAL STATE-AID STREET FUND 2013 ALLOCATION. new text end 46.20 new text begin (a) Notwithstanding Minnesota Statutes, section 162.13, subdivision 1, the new text end 46.21 new text begin commissioner of transportation shall allocate the apportionment sum available in the new text end 46.22 new text begin municipal state-aid street fund, following the deductions under Minnesota Statutes, section new text end 46.23 new text begin 162.12, as provided in this section. new text end 46.24 new text begin (b) The commissioner shall identify a remuneration sum for each city that: new text end 46.25 new text begin (1) qualifies for municipal state-aid street funds under Minnesota Statutes, section new text end 46.26 new text begin 162.09, subdivision 4a; and new text end 46.27 new text begin (2) was not allocated municipal state-aid street funds for calendar year 2012. new text end 46.28 new text begin (c) The remuneration sum for each city equals the amount the city received under new text end 46.29 new text begin the allocation of municipal state-aid street funds for calendar year 2011. new text end 46.30 new text begin (d) For the calendar year 2013 allocation only, the commissioner shall: new text end 46.31 new text begin (1) allocate to the appropriate city an amount from the apportionment sum equal new text end 46.32 new text begin to the remuneration sum calculated in paragraph (c); and new text end 46.33 new text begin (2) allocate the remaining apportionment sum as provided under Minnesota Statutes, new text end 46.34 new text begin section 162.13, subdivision 1. new text end 47.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 47.2    Sec. 62. new text begin REPORTS ON USE OF CONSTRUCTION MANAGER/GENERAL new text end 47.3 new text begin CONTRACTOR METHOD. new text end 47.4     new text begin Subdivision 1. new text end new text begin Submission of reports. new text end new text begin The commissioner shall report on experience new text end 47.5 new text begin with and evaluation of the construction manager/general contractor method of contracting new text end 47.6 new text begin authorized in Minnesota Statutes, sections 161.3207 to 161.3209. The reports must be new text end 47.7 new text begin submitted to the chairs and ranking minority members of the legislative committees with new text end 47.8 new text begin jurisdiction over transportation policy or transportation finance and in compliance with new text end 47.9 new text begin Minnesota Statutes, sections 3.195 and 3.197. An interim report must be submitted new text end 47.10 new text begin no later than 12 months following the commissioner's acceptance of five construction new text end 47.11 new text begin manager/general contractor contracts. A final report must be submitted no later than 12 new text end 47.12 new text begin months following the commissioner's acceptance of ten construction manager/general new text end 47.13 new text begin contractor contracts. new text end 47.14     new text begin Subd. 2. new text end new text begin Content of reports. new text end new text begin The reports must include: (1) a description of new text end 47.15 new text begin circumstances of any projects as to which construction manager/general contractor new text end 47.16 new text begin requests for qualifications or requests for proposals were solicited, followed by a new text end 47.17 new text begin cancellation of the solicitation; (2) a description of projects as to which construction new text end 47.18 new text begin manager/general contractor method was utilized; (3) a comparison of project cost new text end 47.19 new text begin estimates with final project costs, if available; and (4) evaluation of the construction new text end 47.20 new text begin manager/general contractor method of procurement with respect to implications for new text end 47.21 new text begin project cost, use of innovative techniques, completion time, and obtaining maximum new text end 47.22 new text begin value. The final report must also include recommendations as to continued use of the new text end 47.23 new text begin program and desired modifications to the program, and recommended legislation to new text end 47.24 new text begin continue, discontinue, or modify the program. new text end 47.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 47.26 new text begin and expires one year following the acceptance of ten construction manager/general new text end 47.27 new text begin contractor contracts. new text end 47.28    Sec. 63. new text begin REPORT ON WATER PERMITTING PROCESSES FOR new text end 47.29 new text begin TRANSPORTATION PROJECTS. new text end 47.30 new text begin By January 15, 2013, the commissioners of transportation, natural resources, and the new text end 47.31 new text begin Pollution Control Agency, in consultation with local road authorities and the Board of new text end 47.32 new text begin Water and Soil Resources, shall submit recommendations to the house of representatives new text end 47.33 new text begin and senate committees and divisions with primary jurisdiction over environment and new text end 48.1 new text begin natural resources policy and finance and transportation policy and finance on how new text end 48.2 new text begin water-related permitting for transportation projects can best be streamlined through new text end 48.3 new text begin creation of a single point of issuance system. The recommendations shall: new text end 48.4 new text begin (1) outline a single point of issuance system in which road authorities applying new text end 48.5 new text begin for state water permits would interact with a single state agency serving as the sole new text end 48.6 new text begin intermediary on behalf of all state agencies with an interest in a road authority's water new text end 48.7 new text begin permit application; new text end 48.8 new text begin (2) provide a goal for the maximum number of days the state believes are necessary new text end 48.9 new text begin to issue final water permitting decisions; new text end 48.10 new text begin (3) identify how state entities with current oversight authority over water permitting new text end 48.11 new text begin decisions would allocate resources to accommodate a single point of issuance system; and new text end 48.12 new text begin (4) suggest strategies to enhance the coordination of federal and state water new text end 48.13 new text begin permitting information gathering and decision-making. new text end 48.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 48.15    Sec. 64. new text begin REVISOR'S INSTRUCTION. new text end 48.16 new text begin The revisor of statutes shall renumber the provisions of Minnesota Statutes listed new text end 48.17 new text begin in column A to the references listed in column B. The revisor shall also make necessary new text end 48.18 new text begin cross-reference changes in Minnesota Statutes consistent with the renumbering. new text end 48.19 new text begin Column A new text end new text begin Column B new text end 48.20 new text begin 169.011, subdivision 83 new text end new text begin 168B.011, subdivision 12a new text end 48.21 new text begin 169.041 new text end new text begin 168B.035 new text end 48.22 new text begin 169.64, subdivision 5 new text end new text begin 168B.16 new text end 48.23 new text begin 169.86, subdivision 8 new text end new text begin 168B.15 new text end 48.24 new text begin 465.75 new text end new text begin 168B.14 new text end 48.25 new text begin 514.18, subdivision 1a new text end new text begin 168B.045 new text end 48.26    Sec. 65. new text begin RULES REPEALER. new text end 48.27 new text begin Minnesota Rules, parts 8810.9000; 8810.9100; 8810.9200; 8810.9300; 8810.9400; new text end 48.28 new text begin 8810.9500; 8810.9600; and 8810.9700, new text end new text begin are repealed. new text end 48.29    Sec. 66. new text begin EFFECTIVE DATE. new text end 48.30 new text begin Unless otherwise specified, this article is effective August 1, 2012. new text end 49.1ARTICLE 4 49.2TRANSPORTATION POLICY 49.3    Section 1. Minnesota Statutes 2010, section 85.015, is amended by adding a 49.4subdivision to read: 49.5     new text begin Subd. 1d. new text end new text begin Bicycle use of trails. new text end new text begin The commissioner may not prohibit or otherwise new text end 49.6 new text begin restrict operation of an electric-assisted bicycle, as defined in section 169.011, subdivision new text end 49.7 new text begin 27, on any trail under this section for which bicycle use is permitted, unless the new text end 49.8 new text begin commissioner determines that operation of the electric-assisted bicycle is not consistent new text end 49.9 new text begin with (1) the safety or general welfare of trail users; or (2) the terms of any property new text end 49.10 new text begin conveyance. new text end 49.11    Sec. 2. Minnesota Statutes 2010, section 85.018, subdivision 2, is amended to read: 49.12    Subd. 2. Authority of local government. (a) A local government unit that receives 49.13state grants-in-aid for any trail, with the concurrence of the commissioner, and the 49.14landowner or land lessee, may: 49.15(1) designate the trail for use by snowmobiles or for nonmotorized use from 49.16December 1 to April 1 of any year; and 49.17(2) issue any permit required under subdivisions 3 to 5. 49.18(b) A local government unit that receives state grants-in-aid under section 84.794, 49.19subdivision 2 , 84.803, subdivision 2, or 84.927, subdivision 2, for any trail, with the 49.20concurrence of the commissioner, and landowner or land lessee, may: 49.21(1) designate the trail specifically for use at various times of the year by all-terrain or 49.22off-road vehicles or off-highway motorcycles, for nonmotorized use such as ski touring, 49.23snowshoeing, and hiking, and for multiple use, but not for motorized and nonmotorized 49.24use at the same time; and 49.25(2) issue any permit required under subdivisions 3 to 5. 49.26(c) A local unit of government that receives state grants-in-aid for any trail, with the 49.27concurrence of the commissioner and landowner or land lessee, may designate certain 49.28trails for joint use by snowmobiles, off-highway motorcycles, all-terrain new text begin vehicles, new text end and 49.29off-road vehicles. 49.30 new text begin (d) A local unit of government may not prohibit or otherwise restrict operation of an new text end 49.31 new text begin electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any trail under new text end 49.32 new text begin this section designated for bicycle use or nonmotorized use that includes bicycles, unless new text end 49.33 new text begin the local unit of government determines that operation of the electric-assisted bicycle is new text end 49.34 new text begin not consistent with (1) the safety or general welfare of trail users; or (2) the terms of new text end 49.35 new text begin any property conveyance. new text end 50.1    Sec. 3. Minnesota Statutes 2010, section 85.018, subdivision 4, is amended to read: 50.2    Subd. 4. Nonmotorized use trails. No motorized vehicle shall be operated on a 50.3trail designated for nonmotorized use. This subdivision does not apply to new text begin (1) new text end motorized 50.4wheelchairs or other motorized devices operated by an individual who is physically 50.5disabled new text begin ; or (2) electric-assisted bicycles, as defined in section 169.011, subdivision 27 new text end . 50.6    Sec. 4. Minnesota Statutes 2010, section 160.263, subdivision 2, is amended to read: 50.7    Subd. 2. Powers of political subdivisions. new text begin (a) new text end The governing body of any political 50.8subdivision may by ordinance or resolution: 50.9(1) designate any roadway or shoulder or portion thereof under its jurisdiction as 50.10a bicycle lane or bicycle route; 50.11(2) designate any sidewalk or portion thereof under its jurisdiction as a bicycle path 50.12provided that the designation does not destroy a pedestrian way or pedestrian access; 50.13(3) develop and designate bicycle paths; 50.14(4) designate as bikeways all bicycle lanes, bicycle routes, and bicycle paths. 50.15 new text begin (b) A governing body may not prohibit or otherwise restrict operation of an new text end 50.16 new text begin electric-assisted bicycle, as defined in section 169.011, subdivision 27, on any bikeway, new text end 50.17 new text begin roadway, or shoulder, unless the governing body determines that operation of the new text end 50.18 new text begin electric-assisted bicycle is not consistent with (1) the safety or general welfare of bikeway, new text end 50.19 new text begin roadway, or shoulder users; or (2) the terms of any property conveyance. new text end 50.20    Sec. 5. new text begin [160.266] MISSISSIPPI RIVER TRAIL. new text end 50.21     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of this section: new text end 50.22 new text begin (1) "bicycle path" has the meaning given in section 169.011, subdivision 6; and new text end 50.23 new text begin (2) "bikeway" has the meaning given in section 169.011, subdivision 9. new text end 50.24     new text begin Subd. 2. new text end new text begin Creation. new text end new text begin The commissioner, in cooperation with road and trail authorities new text end 50.25 new text begin including the commissioner of natural resources, shall identify a bikeway that originates at new text end 50.26 new text begin Itasca State Park in Clearwater, Beltrami, and Hubbard Counties, then generally parallels new text end 50.27 new text begin the Mississippi River through the cities of Bemidji in Beltrami County, Grand Rapids in new text end 50.28 new text begin Itasca County, Brainerd in Crow Wing County, Little Falls in Morrison County, Sauk new text end 50.29 new text begin Rapids in Benton County, St. Cloud in Stearns County, Minneapolis in Hennepin County, new text end 50.30 new text begin St. Paul in Ramsey County, Hastings in Dakota County, Red Wing in Goodhue County, new text end 50.31 new text begin Wabasha in Wabasha County, Winona in Winona County, and La Crescent in Houston new text end 50.32 new text begin County to Minnesota's boundary with Iowa and there terminates. Where opportunities new text end 50.33 new text begin exist, the bikeway may be designated on both sides of the Mississippi River. new text end 51.1     new text begin Subd. 3. new text end new text begin Connections with other bikeways. new text end new text begin (a) The commissioner, in cooperation new text end 51.2 new text begin with road and trail authorities including the commissioner of natural resources, shall: new text end 51.3 new text begin (1) identify existing bikeways of regional significance that are in reasonable new text end 51.4 new text begin proximity but not connected to the bikeway established in this section, including but not new text end 51.5 new text begin limited to the Lake Wobegon Trail in the counties of Stearns and Todd; and new text end 51.6 new text begin (2) support development of linkages between bikeways identified under clause (1) new text end 51.7 new text begin and the bikeway established in this section. new text end 51.8 new text begin (b) The requirements of this subdivision are a secondary priority for use of funds new text end 51.9 new text begin available under this section following establishment and enhancement of the bikeway new text end 51.10 new text begin under subdivision 1. new text end 51.11     new text begin Subd. 4. new text end new text begin Cooperation with other entities. new text end new text begin The commissioner may contract and new text end 51.12 new text begin enter into agreements with federal agencies, other state agencies, local governments, and new text end 51.13 new text begin private entities to establish, develop, maintain, and operate the bikeway and to interpret new text end 51.14 new text begin associated natural and cultural resources. new text end 51.15     new text begin Subd. 5. new text end new text begin Funding. new text end new text begin Bicycle paths included within the bikeway and not administered new text end 51.16 new text begin by the commissioner of natural resources are eligible for funding from the environment new text end 51.17 new text begin and natural resources trust fund under chapter 116P, from the parks and trails grant new text end 51.18 new text begin program under section 85.535, from the local recreation grants program under section new text end 51.19 new text begin 85.019, subdivision 4b, and from other sources. new text end 51.20    Sec. 6. Minnesota Statutes 2010, section 161.14, subdivision 66, is amended to read: 51.21    Subd. 66. Veterans Memorial Highway. Legislative Route No. 31, signed as 51.22Trunk Highway new text begin marked new text end 200 as of July 1, 2010, from the border with North Dakota to the 51.23city of Mahnomen, is designated as the "Veterans Memorial Highway." The commissioner 51.24shall adopt a suitable design to mark this highway and erect appropriate signs, subject 51.25to section 161.139. 51.26    Sec. 7. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision 51.27to read: 51.28     new text begin Subd. 70. new text end new text begin Arianna Celeste Macnamara Memorial Bridge. new text end new text begin The pedestrian new text end 51.29 new text begin bridge over Route No. 7, signed as Trunk Highway 14 on the effective date of this new text end 51.30 new text begin section, located in the city of Rochester west of Route No. 20, signed as U.S. Highway new text end 51.31 new text begin 52 on the effective date of this section, is designated as "Arianna Celeste Macnamara new text end 51.32 new text begin Memorial Bridge." Subject to section 161.139, the commissioner shall adopt a suitable new text end 51.33 new text begin marking design to memorialize the bridge and shall erect the appropriate signs as close as new text end 51.34 new text begin practicable to the bridge. new text end 52.1    Sec. 8. Minnesota Statutes 2010, section 161.14, is amended by adding a subdivision 52.2to read: 52.3     new text begin Subd. 71. new text end new text begin Deputy John W. Liebenstein Memorial Highway. new text end new text begin (a) That segment of new text end 52.4 new text begin Route No. 390, signed as Interstate Highway 35 on the effective date of this section and new text end 52.5 new text begin located in Rice County, is designated as "Deputy John W. Liebenstein Memorial Highway." new text end 52.6 new text begin Subject to section 161.139, the commissioner shall adopt a suitable marking design to new text end 52.7 new text begin mark this highway and shall erect the appropriate signs as provided in paragraph (b). new text end 52.8 new text begin (b) The commissioner of transportation shall erect suitable signs on marked new text end 52.9 new text begin Interstate Highway 35 as close as practicable to the following locations: new text end 52.10 new text begin (1) one sign on the southbound entrance ramp of the interchange with Rice County new text end 52.11 new text begin State-Aid Highway 1; and new text end 52.12 new text begin (2) one sign on the northbound entrance ramp of the interchange with Rice County new text end 52.13 new text begin State-Aid Highway 1. new text end 52.14    Sec. 9. Minnesota Statutes 2010, section 162.081, subdivision 4, is amended to read: 52.15    Subd. 4. Formula for distribution to towns; purposes. new text begin (a) new text end Money apportioned to a 52.16county from the town road account must be distributed to the treasurer of each town within 52.17the county, according to a distribution formula adopted by the county board. The formula 52.18must take into account each town's levy for road and bridge purposes, its population and 52.19town road mileage, and other factors the county board deems advisable in the interests 52.20of achieving equity among the towns. Distribution of town road funds to each town 52.21treasurer must be made by March 1, annually, or within 30 days after receipt of payment 52.22from the commissioner. Distribution of funds to town treasurers in a county which has 52.23not adopted a distribution formula under this subdivision must be made according to a 52.24formula prescribed by the commissioner by rule. A formula adopted by a county board or 52.25by the commissioner must provide that a town, in order to be eligible for distribution of 52.26funds from the town road account in a calendar year, must have levied for taxes payable in 52.27the previous year for road and bridge purposes at least 0.04835 percent of taxable market 52.28value. For purposes of this eligibility requirement, taxable market value means taxable 52.29market value for taxes payable two years prior to the aid distribution year. 52.30 new text begin (b) new text end Money distributed to a town under this subdivision may be expended by the 52.31town only for the construction, reconstruction, and gravel maintenance of town roads 52.32within the town. 52.33    Sec. 10. Minnesota Statutes 2010, section 168.012, subdivision 1, is amended to read: 53.1    Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following 53.2vehicles are exempt from the provisions of this chapter requiring payment of tax and 53.3registration fees, except as provided in subdivision 1c: 53.4    (1) vehicles owned and used solely in the transaction of official business by the 53.5federal government, the state, or any political subdivision; 53.6    (2) vehicles owned and used exclusively by educational institutions and used solely 53.7in the transportation of pupils to and from those institutions; 53.8    (3) vehicles used solely in driver education programs at nonpublic high schools; 53.9    (4) vehicles owned by nonprofit charities and used exclusively to transport disabled 53.10persons for charitable, religious, or educational purposes; 53.11    (5) vehicles owned by nonprofit charities and used exclusively for disaster response 53.12and related activities; 53.13    (6) vehicles owned by ambulance services licensed under section 144E.10 that 53.14are equipped and specifically intended for emergency response or providing ambulance 53.15services; and 53.16    (7) vehicles owned by a commercial driving school licensed under section 171.34, 53.17or an employee of a commercial driving school licensed under section 171.34, and the 53.18vehicle is used exclusively for driver education and training. 53.19    (b) Provided the general appearance of the vehicle is unmistakable, the following 53.20vehicles are not required to register or display number plates: 53.21(1) vehicles owned by the federal government; 53.22(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by 53.23the state or a political subdivision; 53.24(3) police patrols owned or leased by the state or a political subdivision; and 53.25(4) ambulances owned or leased by the state or a political subdivision. 53.26    (c) Unmarked vehicles used in general police work, liquor investigations, or arson 53.27investigations, and passenger automobiles, pickup trucks, and buses owned or operated by 53.28the Department of Corrections new text begin or by conservation officers of the Division of Enforcement new text end 53.29 new text begin and Field Service of the Department of Natural Resources new text end , must be registered and must 53.30display appropriate license number plates, furnished by the registrar at cost. Original and 53.31renewal applications for these license plates authorized for use in general police work and 53.32for use by the Department of Corrections new text begin or by conservation officers new text end must be accompanied 53.33by a certification signed by the appropriate chief of police if issued to a police vehicle, 53.34the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if 53.35issued to a Department of Corrections vehicle, or the appropriate officer in charge if 53.36issued to a vehicle of any other law enforcement agency. The certification must be on a 54.1form prescribed by the commissioner and state that the vehicle will be used exclusively 54.2for a purpose authorized by this section. 54.3    (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry, 54.4fraud unit, in conducting seizures or criminal investigations must be registered and must 54.5display passenger vehicle classification license number plates, furnished at cost by the 54.6registrar. Original and renewal applications for these passenger vehicle license plates 54.7must be accompanied by a certification signed by the commissioner of revenue or the 54.8commissioner of labor and industry. The certification must be on a form prescribed by 54.9the commissioner and state that the vehicles will be used exclusively for the purposes 54.10authorized by this section. 54.11    (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the 54.12Department of Health must be registered and must display passenger vehicle classification 54.13license number plates. These plates must be furnished at cost by the registrar. Original 54.14and renewal applications for these passenger vehicle license plates must be accompanied 54.15by a certification signed by the commissioner of health. The certification must be on a 54.16form prescribed by the commissioner and state that the vehicles will be used exclusively 54.17for the official duties of the Division of Disease Prevention and Control. 54.18    (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling 54.19investigations and reviews must be registered and must display passenger vehicle 54.20classification license number plates. These plates must be furnished at cost by the 54.21registrar. Original and renewal applications for these passenger vehicle license plates must 54.22be accompanied by a certification signed by the board chair. The certification must be on a 54.23form prescribed by the commissioner and state that the vehicles will be used exclusively 54.24for the official duties of the Gambling Control Board. 54.25    (g) Unmarked vehicles used in general investigation, surveillance, supervision, 54.26and monitoring by the staff of the Department of Human Services Office of Special 54.27Investigations and the executive director of the Minnesota sex offender program must 54.28be registered and must display passenger vehicle classification license number plates, 54.29furnished by the registrar at cost. Original and renewal applications for passenger vehicle 54.30license plates must be accompanied by a certification signed by the commissioner of 54.31human services. The certification must be on a form prescribed by the commissioner and 54.32state that the vehicles must be used exclusively for the official duties of the Office of 54.33Special Investigations and the executive director of the Minnesota sex offender program. 54.34(h) Each state hospital and institution for persons who are mentally ill and 54.35developmentally disabled may have one vehicle without the required identification on 54.36the sides of the vehicle. The vehicle must be registered and must display passenger 55.1vehicle classification license number plates. These plates must be furnished at cost by the 55.2registrar. Original and renewal applications for these passenger vehicle license plates must 55.3be accompanied by a certification signed by the hospital administrator. The certification 55.4must be on a form prescribed by the commissioner and state that the vehicles will be used 55.5exclusively for the official duties of the state hospital or institution. 55.6    (i) Each county social service agency may have vehicles used for child and 55.7vulnerable adult protective services without the required identification on the sides of the 55.8vehicle. The vehicles must be registered and must display passenger vehicle classification 55.9license number plates. These plates must be furnished at cost by the registrar. Original 55.10and renewal applications for these passenger vehicle license plates must be accompanied 55.11by a certification signed by the agency administrator. The certification must be on a form 55.12prescribed by the commissioner and state that the vehicles will be used exclusively for the 55.13official duties of the social service agency. 55.14    (j) All other motor vehicles must be registered and display tax-exempt number 55.15plates, furnished by the registrar at cost, except as provided in subdivision 1c. All 55.16vehicles required to display tax-exempt number plates must have the name of the state 55.17department or political subdivision, nonpublic high school operating a driver education 55.18program, licensed commercial driving school, or other qualifying organization or entity, 55.19plainly displayed on both sides of the vehicle. This identification must be in a color 55.20giving contrast with that of the part of the vehicle on which it is placed and must endure 55.21throughout the term of the registration. The identification must not be on a removable 55.22plate or placard and must be kept clean and visible at all times; except that a removable 55.23plate or placard may be utilized on vehicles leased or loaned to a political subdivision or 55.24to a nonpublic high school driver education program. 55.25    Sec. 11. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to read: 55.26    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors 55.27except those in this chapter defined as farm trucks, on truck-tractor and semitrailer 55.28combinations except those defined as farm combinations, and on commercial zone 55.29vehicles, the tax based on total gross weight shall be graduated according to the Minnesota 55.30base rate schedule prescribed in this subdivision, but in no event less than $120. 55.31Minnesota Base Rate Schedule 55.32Scheduled taxes include five percent 55.33surtax provided for in subdivision 14 55.34 TOTAL GROSS WEIGHT IN POUNDS TAX 55.35 A 0 - 1,500 $ 15 56.1 B 1,501 - 3,000 20 56.2 C 3,001 - 4,500 25 56.3 D 4,501 - 6,000 35 56.4 E 6,001 - 10,000 45 56.5 F 10,001 - 12,000 70 56.6 G 12,001 - 15,000 105 56.7 H 15,001 - 18,000 145 56.8 I 18,001 - 21,000 190 56.9 J 21,001 - 26,000 270 56.10 K 26,001 - 33,000 360 56.11 L 33,001 - 39,000 475 56.12 M 39,001 - 45,000 595 56.13 N 45,001 - 51,000 715 56.14 O 51,001 - 57,000 865 56.15 P 57,001 - 63,000 1015 56.16 Q 63,001 - 69,000 1185 56.17 R 69,001 - 73,280 1325 56.18 S 73,281 - 78,000 1595 56.19 T 78,001 - 80,000 1760 56.20    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more 56.21axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively. 56.22    (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional 56.23tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject 56.24to subdivision 12 new text begin or section 169.86, subdivision 5a, as applicable new text end . 56.25    (d) For purposes of registration identification, for vehicles registered in the "O" 56.26category, the owner must declare at the time of registration whether the vehicle will carry 56.27a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle 56.28use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive 56.29weight sticker must be issued and the owner is restricted to a gross vehicle weight of 56.30less than 55,000 pounds. 56.31    (e) Truck-tractors except those herein defined as farm and commercial zone vehicles 56.32shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the 56.33combined gross weight of the truck-tractor and any semitrailer or semitrailers which the 56.34applicant proposes to combine with the truck-tractor. 56.35    (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer 56.36combinations which are operated by an interstate carrier registered under section 221.60, 56.37or by a carrier receiving operating authority under chapter 221, and operated solely within 56.38a zone exempt from regulation pursuant to United States Code, title 49, section 13506. 57.1    (g) The license plates issued for commercial zone vehicles shall be plainly marked. 57.2A person operating a commercial zone vehicle outside the zone or area in which its 57.3operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor 57.4penalty, the registrar shall revoke the registration of the vehicle as a commercial zone 57.5vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax 57.6prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded 57.7during the balance of the registration year. 57.8    (h) On commercial zone trucks the tax shall be based on the total gross weight of 57.9the vehicle and during each of the first eight years of vehicle life is 75 percent of the 57.10Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the 57.11tax is 50 percent of the Minnesota base rate schedule. 57.12    (i) On trucks, truck-tractors and semitrailer combinations, except those defined 57.13as farm trucks and farm combinations, and except for those commercial zone vehicles 57.14specifically provided for in this subdivision, the tax for each of the first eight years of 57.15vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and 57.16during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota 57.17base rate prescribed by this subdivision. 57.18    (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer 57.19combination are semitrailers. 57.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2012, and applies to new text end 57.21 new text begin all registrations that are effective on or after that date and special permits issued on or new text end 57.22 new text begin after that date. new text end 57.23    Sec. 12. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read: 57.24    Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The 57.25applicant for all licenses based on gross weight shall state the unloaded weight of the 57.26motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry 57.27on it, the sum of which constitutes the gross weight upon which the license tax must be 57.28paid. However, the declared gross weight upon which the tax is paid must not be less than 57.291-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer 57.30to be registered, except recreational vehicles taxed under subdivision 1g, school buses 57.31taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.011, 57.32subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight 57.33of the tow truck or towing vehicle fully equipped, but does not include the weight of a 57.34wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle. 58.1(b) new text begin Except as provided by special permit issued under section 169.86, new text end the gross 58.2weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon 58.3which the license tax has been paid by more than four percent or 1,000 pounds, whichever 58.4is greater; provided that, a vehicle transporting unfinished forest products on a highway, 58.5other than a highway that is part of the system of interstate and defense highways, unless a 58.6federal exemption is granted, in accordance with paragraph (d)(3): 58.7(1) shall not exceed its gross vehicle weight upon which the license tax has been 58.8paid, or gross axle weight on any axle, by more than five percent and, notwithstanding 58.9other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for 58.10exceeding a gross vehicle or axle weight by up to five percent; and 58.11(2) between the dates set by the commissioner in accordance with section 169.826, 58.12subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting 58.13the gross axle weight of any individual axle unless the entire vehicle also exceeds its 58.14gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight 58.15allowance permitted under section 169.826, in which case the vehicle is subject to all 58.16applicable penalties for excess weight violations. 58.17(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license 58.18tax is paid must be indicated by a distinctive character on the license plate or plates except 58.19as provided in subdivision 12 new text begin or section 169.86, subdivision 5a, as applicable, new text end and the 58.20plate or plates must be kept clean and clearly visible at all times. 58.21(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon 58.22conviction for transporting a gross weight in excess of the gross weight for which it was 58.23registered or for operating a vehicle with an axle weight exceeding the maximum lawful 58.24axle load weight, is guilty of a misdemeanor and subject to increased registration or 58.25reregistration according to the following schedule: 58.26(1) Upon conviction for transporting a gross weight in excess of the gross weight 58.27for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance 58.28set forth in paragraph (b) but less than 25 percent, or for operating or using a motor 58.29vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle 58.30load as provided in sections 169.822 to 169.829 by more than the allowance set forth in 58.31paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle, 58.32trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for 58.33the misdemeanor, shall apply to the registrar to increase the authorized gross weight to 58.34be carried on the vehicle to a weight equal to or greater than the gross weight the owner, 58.35driver, or user was convicted of carrying. The increase is computed for the balance of 58.36the calendar year on the basis of 1/12 of the annual tax for each month remaining in the 59.1calendar year beginning with the first day of the month in which the violation occurred. 59.2If the additional registration tax computed upon that weight, plus the tax already paid, 59.3amounts to more than the regular tax for the maximum gross weight permitted for the 59.4vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be 59.5paid into the highway fund, but the additional tax thus paid does not authorize or permit 59.6any person to operate the vehicle with a gross weight in excess of the maximum legal 59.7weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days 59.8after a conviction applies to increase the authorized weight and pays the additional tax 59.9as provided in this section, the registrar shall revoke the registration on the vehicle and 59.10demand the return of the registration card and plates issued on that registration. 59.11(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or 59.12semitrailer for transporting a gross weight in excess of the gross weight for which the 59.13motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating 59.14or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load 59.15as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any 59.16penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity 59.17privileges on the vehicle involved if the vehicle is being operated under reciprocity 59.18or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of 59.19registration on the vehicle operated and demand the return of the registration certificate 59.20and registration plates. The registrar may not cancel the registration or reciprocity 59.21privileges for any vehicle found in violation of seasonal load restrictions imposed under 59.22section 169.87 unless the axle weight exceeds the year-round weight limit for the highway 59.23on which the violation occurred. The registrar may investigate any allegation of gross 59.24weight violations and demand that the operator show cause why all future operating 59.25privileges in the state should not be revoked unless the additional tax assessed is paid. 59.26(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products 59.27or unfinished forest products, when the registered gross weight is not exceeded by more 59.28than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous 59.29transportation of unprocessed or raw farm products from the place of production or 59.30on-farm storage site to any other location within 50 new text begin 100 new text end miles of the place of production or 59.31on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished 59.32forest products from the place of production to the place of final processing or manufacture 59.33located within 200 miles of the place of production. 59.34(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the 59.35registrar according to this section, the vehicle must not be operated on the highways of the 59.36state until it is registered or reregistered, as the case may be, and new plates issued, and 60.1the registration fee is the annual tax for the total gross weight of the vehicle at the time of 60.2violation. The reregistration pursuant to this subdivision of any vehicle operating under 60.3reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual 60.4registration fee without regard to the percentage of vehicle miles traveled in this state. 60.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2012, and applies to new text end 60.6 new text begin all registrations that are effective on or after that date and special permits issued on or new text end 60.7 new text begin after that date. new text end 60.8    Sec. 13. Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read: 60.9    Subd. 12. Additional tax for excessive gross weight. new text begin (a) new text end Whenever an owner has 60.10registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of 60.11a selected gross weight of the vehicle and thereafter such owner desires to operate such 60.12vehicle with a greater gross weight than that for which the tax has been paid, such owner 60.13shall be permitted to reregister such vehicle by paying the additional tax due thereon 60.14for the remainder of the calendar year for which such vehicle has been reregistered, the 60.15additional tax computed pro rata by the month, 1/12 of the annual tax due for each month 60.16of the year remaining in the calendar year, beginning with the first day of the month in 60.17which such owner desires to operate the vehicle with the greater weight. In computing 60.18the additional tax as aforesaid, the owner shall be given credit for the unused portion of 60.19the tax previously paid computed pro rata by the month, 1/12 of the annual tax paid for 60.20each month of the year remaining in the calendar year beginning with the first day of the 60.21month in which such owner desires to operate the vehicle with the greater weight. An 60.22owner will be permitted one reduction of gross weight or change of registration per year, 60.23which will result in a refund. This refund will be prorated monthly beginning with the 60.24first day of the month after such owner applies to amend the registration. The application 60.25for amendment shall be accompanied by a fee of $3, and all fees shall be deposited in 60.26the highway user tax distribution fund. Provided, however, the owner of a vehicle may 60.27reregister the vehicle for a weight of more than 81,000 pounds for one or more 30-day 60.28periods. For each 30-day period, the additional tax shall be equal to 1/12 of the difference 60.29between the annual tax for the weight at which the vehicle is registered and reregistered. 60.30When a vehicle is reregistered in accordance with this provision, a distinctive windshield 60.31sticker provided by the commissioner of public safety shall be permanently displayed. 60.32 new text begin (b) This subdivision does not apply to the owner of a vehicle who pays the additional new text end 60.33 new text begin tax for excessive gross weight under section 169.86, subdivision 5a, when buying a permit new text end 60.34 new text begin to operate with the greater gross weight. new text end 61.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective with the registration period beginning new text end 61.2 new text begin October 1, 2012, and applies to all registrations that are effective on or after that date and new text end 61.3 new text begin special permits issued on or after that date. new text end 61.4    Sec. 14. Minnesota Statutes 2010, section 168B.011, subdivision 12, is amended to 61.5read: 61.6    Subd. 12. Public impound lot. "Public impound lot" means an impound lot owned 61.7by or contracting with new text begin exclusively contracted solely for public use by new text end a unit of government 61.8under section 168B.09. 61.9    Sec. 15. Minnesota Statutes 2010, section 169.035, subdivision 1, is amended to read: 61.10    Subdivision 1. Working on highway. (a) The provisions of this chapter shall not 61.11apply to persons, motor vehicles, and other equipment while actually engaged in work 61.12upon the highway, except as provided in paragraphs (b) and (c). 61.13(b) This chapter shall apply to those persons and vehicles when traveling to or 61.14from such work, except that persons operating equipment owned, rented or hired by 61.15road authorities shall be exempt from the width, height and length provisions of sections 61.16169.80 and 169.81 and shall be exempt from the weight limitations of this chapter new text begin while new text end 61.17 new text begin performing the following actions on behalf of the state or a local governmental unit: new text end 61.18 new text begin (1) while loading, readying, or moving the vehicles or equipment in preparation for new text end 61.19 new text begin combating anticipated slippery road conditions or removing snow or ice; new text end 61.20 new text begin (2) new text end while new text begin actually new text end engaged in snow or ice removal and new text begin or combating slippery road new text end 61.21 new text begin conditions, including but not limited to pretreatment and anti-icing activities; or new text end 61.22 new text begin (3) new text end while engaged in flood control operations on behalf of the state or a local 61.23governmental unit. 61.24(c) Chapter 169A and section 169.444 apply to persons while actually engaged in 61.25work upon the highway. 61.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.27    Sec. 16. Minnesota Statutes 2010, section 169.035, is amended by adding a subdivision 61.28to read: 61.29     new text begin Subd. 4. new text end new text begin Trains. new text end new text begin (a) For purposes of this subdivision, "railroad operator" means new text end 61.30 new text begin a person who is a locomotive engineer, conductor, member of the crew of a railroad new text end 61.31 new text begin locomotive or train, or an operator of on-track equipment. new text end 62.1 new text begin (b) A peace officer may not issue a citation for violation of this chapter or chapter new text end 62.2 new text begin 171 to a railroad operator involving the operation of a railroad locomotive or train, or new text end 62.3 new text begin on-track equipment while being operated upon rails. new text end 62.4 new text begin (c) Notwithstanding section 171.08, a railroad operator is not required to display or new text end 62.5 new text begin furnish a driver's license to a peace officer in connection with the operation of a railroad new text end 62.6 new text begin locomotive or train, or on-track equipment while being operated upon rails. new text end 62.7    Sec. 17. Minnesota Statutes 2010, section 169.06, subdivision 5, is amended to read: 62.8    Subd. 5. Traffic-control signal. (a) Whenever traffic is controlled by traffic-control 62.9signals exhibiting different colored lights, or colored lighted arrows, successively one at a 62.10time or in combination, only the colors Green, Red, and Yellow shall be used, except for 62.11special pedestrian signals carrying a word or legend. The traffic-control signal lights or 62.12colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows: 62.13    (1) Green indication: 62.14    (i) Vehicular traffic facing a circular green signal may proceed straight through or 62.15turn right or left unless a sign at such place prohibits either turn. But vehicular traffic, 62.16including vehicles turning right or left, shall yield the right-of-way to other vehicles and to 62.17pedestrians lawfully within the intersection or adjacent crosswalk at the time this signal 62.18is exhibited. new text begin Vehicular traffic turning left or making a U-turn to the left shall yield the new text end 62.19 new text begin right-of-way to other vehicles approaching from the opposite direction so closely as to new text end 62.20 new text begin constitute an immediate hazard. new text end 62.21    (ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with 62.22another indication, may cautiously enter the intersection only to make the movement 62.23indicated by the arrow, or other movement as permitted by other indications shown at the 62.24same time. Such Vehicular traffic shall yield the right-of-way to pedestrians lawfully 62.25within an adjacent crosswalk and to other traffic lawfully using the intersection. 62.26    (iii) Unless otherwise directed by a pedestrian-control signal as provided in 62.27subdivision 6, pedestrians facing any green signal, except when the sole green signal is a 62.28turn arrow, may proceed across the roadway within any marked or unmarked crosswalk. 62.29Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the 62.30pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the 62.31time that the green signal indication is first shown. 62.32    (2) Steady yellow indication: 62.33    (i) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby 62.34warned that the related green movement is being terminated or that a red indication will be 62.35exhibited immediately thereafter when vehicular traffic must not enter the intersection, 63.1except for the continued movement allowed by any green arrow indication simultaneously 63.2exhibited. 63.3    (ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a 63.4pedestrian-control signal as provided in subdivision 6, are thereby advised that there is 63.5insufficient time to cross the roadway before a red indication is shown and no pedestrian 63.6shall then start to cross the roadway. 63.7    (3) Steady red indication: 63.8    (i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked 63.9stop line but, if none, before entering the crosswalk on the near side of the intersection 63.10or, if none, then before entering the intersection and shall remain standing until a green 63.11indication is shown, except as follows: (A) the driver of a vehicle stopped as close 63.12as practicable at the entrance to the crosswalk on the near side of the intersection or, 63.13if none, then at the entrance to the intersection in obedience to a red or stop signal, 63.14and with the intention of making a right turn may make the right turn, after stopping, 63.15unless an official sign has been erected prohibiting such movement, but shall yield the 63.16right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal 63.17at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another 63.18one-way street on which traffic moves to the left shall stop in obedience to a red or stop 63.19signal and may then make a left turn into the one-way street, unless an official sign has 63.20been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and 63.21other traffic lawfully proceeding as directed by the signal at that intersection. 63.22    (ii) Unless otherwise directed by a pedestrian-control signal as provided in 63.23subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway. 63.24    (iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a 63.25movement indicated by the arrow, must stop at a clearly marked stop line but, if none, 63.26before entering the crosswalk on the near side of the intersection or, if none, then before 63.27entering the intersection and must remain standing until a permissive signal indication 63.28permitting the movement indicated by the red arrow is displayed, except as follows: when 63.29an official sign has been erected permitting a turn on a red arrow signal, the vehicular 63.30traffic facing a red arrow signal indication is permitted to enter the intersection to turn 63.31right, or to turn left from a one-way street into a one-way street on which traffic moves 63.32to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic 63.33lawfully proceeding as directed by the signal at that intersection. 63.34    (b) In the event an official traffic-control signal is erected and maintained at a place 63.35other than an intersection, the provisions of this section are applicable except those which 63.36can have no application. Any stop required must be made at a sign or marking on the 64.1pavement indicating where the stop must be made, but in the absence of any such sign or 64.2marking the stop must be made at the signal. 64.3    (c) When a traffic-control signal indication or indications placed to control a certain 64.4movement or lane are so identified by placing a sign near the indication or indications, 64.5no other traffic-control signal indication or indications within the intersection controls 64.6vehicular traffic for that movement or lane. 64.7    Sec. 18. Minnesota Statutes 2010, section 169.06, subdivision 7, is amended to read: 64.8    Subd. 7. Flashing signal. When flashing red or yellow signals are used they shall 64.9require obedience by vehicular traffic as follows: 64.10(a) When a circular red lens is illuminated with rapid intermittent flashes, drivers of 64.11vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk 64.12on the near side of the intersection, or if none, then at the point nearest the intersecting 64.13roadway where the driver has a view of approaching traffic on the intersecting roadway 64.14before entering the intersection, and the right to proceed shall be subject to the rules 64.15applicable after making a stop at a stop sign. 64.16(b) When a red arrow lens is illuminated with rapid intermittent flashes drivers of 64.17vehicles with the intention of making a movement indicated by the arrow shall stop at a 64.18clearly marked stop line, but if none, before entering the crosswalk on the near side of 64.19the intersection, or if none, then at the point nearest the intersecting roadway where the 64.20driver has a view of approaching traffic on the intersecting roadway before entering the 64.21intersection, and the right to proceed shall be subject to the rules applicable after making a 64.22stop at a stop sign. 64.23(c) When a circular yellow lens is illuminated with rapid intermittent flashes, drivers 64.24of vehicles may proceed through the intersection or past the signals only with caution. new text begin new text end 64.25 new text begin Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to new text end 64.26 new text begin other vehicles and to pedestrians lawfully within the intersection or adjacent crosswalk at new text end 64.27 new text begin the time this signal is exhibited. Vehicular traffic turning left or making a U-turn to the left new text end 64.28 new text begin shall yield the right-of-way to other vehicles approaching from the opposite direction so new text end 64.29 new text begin closely as to constitute an immediate hazard. new text end 64.30(d) When a yellow arrow indication is illuminated with rapid intermittent flashes, 64.31drivers of vehicles with the intention of making a movement indicated by the arrow may 64.32proceed through the intersection or past the signals only with caution. new text begin , but shall yield new text end 64.33 new text begin the right-of-way to other vehicles and to pedestrians lawfully within the intersection or new text end 64.34 new text begin adjacent crosswalk at the time this signal is exhibited. Vehicular traffic turning left or new text end 65.1 new text begin making a U-turn to the left shall yield the right-of-way to other vehicles approaching from new text end 65.2 new text begin the opposite direction so closely as to constitute an immediate hazard. new text end 65.3    Sec. 19. Minnesota Statutes 2010, section 169.19, subdivision 5, is amended to read: 65.4    Subd. 5. Signal to turn. A signal of intention to turn right or left shall be given 65.5continuously during not less than the last 100 feet traveled by the vehicle before turning. new text begin new text end 65.6 new text begin A person whose vehicle is exiting a roundabout is exempt from this subdivision. new text end 65.7    Sec. 20. Minnesota Statutes 2010, section 169.222, subdivision 4, is amended to read: 65.8    Subd. 4. Riding on roadway or shoulder new text begin rules new text end . (a) Every person operating a 65.9bicycle upon a roadway shall ride as close as practicable to the right-hand curb or edge of 65.10the roadway except under any of the following situations: 65.11(1) when overtaking and passing another vehicle proceeding in the same direction; 65.12(2) when preparing for a left turn at an intersection or into a private road or driveway; 65.13(3) when reasonably necessary to avoid conditions, including fixed or moving 65.14objects, vehicles, pedestrians, animals, surface hazards, or narrow width lanes, that make 65.15it unsafe to continue along the right-hand curb or edge. 65.16(b) If a bicycle is traveling on a shoulder of a roadway, the bicycle shall travel in the 65.17same direction as adjacent vehicular traffic. 65.18(c) Persons riding bicycles upon a roadway or shoulder shall not ride more than two 65.19abreast and shall not impede the normal and reasonable movement of traffic and, on a 65.20laned roadway, shall ride within a single lane. 65.21(d) A person operating a bicycle upon a sidewalk, or across a roadway or shoulder 65.22on a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible 65.23signal when necessary before overtaking and passing any pedestrian. No person shall ride 65.24a bicycle upon a sidewalk within a business district unless permitted by local authorities. 65.25Local authorities may prohibit the operation of bicycles on any sidewalk or crosswalk 65.26under their jurisdiction. 65.27(e) An individual operating a bicycle or other vehicle on a bikeway shall leave a safe 65.28distance when overtaking a bicycle or individual proceeding in the same direction on the 65.29bikeway, and shall maintain clearance until safely past the overtaken bicycle or individual. 65.30(f) A person lawfully operating a bicycle on a sidewalk, or across a roadway or 65.31shoulder on a crosswalk, shall have all the rights and duties applicable to a pedestrian 65.32under the same circumstances. 65.33 new text begin (g) A person may operate an electric-assisted bicycle on the shoulder of a roadway, new text end 65.34 new text begin on a bikeway, or on a bicycle trail if not otherwise prohibited under section 85.015, new text end 66.1 new text begin subdivision 1d; 85.018, subdivision 2, paragraph (d); or 160.263, subdivision 2, paragraph new text end 66.2 new text begin (b), as applicable. new text end 66.3    Sec. 21. Minnesota Statutes 2010, section 169.306, is amended to read: 66.4169.306 USE OF SHOULDERS BY BUSES. 66.5(a) The commissioner of transportation new text begin A road authority, as defined in section new text end 66.6 new text begin 160.02, subdivision 25, new text end is authorized to permit the use by transit buses and Metro Mobility 66.7buses new text begin use new text end of a shoulder, as designated by the commissioner new text begin road authority new text end , of a freeway or 66.8expressway, as defined in section 160.02, in Minnesota. 66.9(b) If the commissioner new text begin a road authority new text end permits the use of a freeway or expressway 66.10shoulder by transit buses, the commissioner new text begin road authority new text end shall permit the use on that 66.11shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor 66.12carrier of passengers, as defined in section 221.012, subdivision 26, while operating in 66.13intrastate commerce or (2) providing regular route transit service, as defined in section 66.14174.22, subdivision 8 , or Metro Mobility services, and operated by or under contract 66.15with the Metropolitan Council, a local transit authority, or a transit authority created by 66.16the legislature. Drivers of these buses must have adequate training in the requirements of 66.17paragraph (c), as determined by the commissioner. 66.18(c) Buses authorized to use the shoulder under this section may be operated on 66.19the shoulder only when main-line traffic speeds are less than 35 miles per hour new text begin , except new text end 66.20 new text begin as provided for in paragraph (f) new text end . Drivers of buses being operated on the shoulder may 66.21not exceed the speed of main-line traffic by more than 15 miles per hour and may never 66.22exceed 35 miles per hour new text begin , except as provided for in paragraph (f) new text end . Drivers of buses being 66.23operated on the shoulder must yield to merging, entering, and exiting traffic and must yield 66.24to other vehicles on the shoulder. Buses operated on the shoulder must be registered with 66.25the Department of Transportation. 66.26(d) For the purposes of this section, the term "Metro Mobility bus" means a motor 66.27vehicle of not less than 20 feet in length engaged in providing special transportation 66.28services under section 473.386 that is: 66.29(1) operated by or under contract with a public or private entity receiving financial 66.30assistance to provide transit services from the Metropolitan Council or the commissioner 66.31of transportation; and 66.32(2) authorized by the commissioner new text begin a road authority new text end to use freeway or expressway 66.33shoulders. 66.34(e) This section does not apply to the operation of buses on dynamic shoulder lanes. 67.1 new text begin (f) The commissioner may authorize different operating conditions and maximum new text end 67.2 new text begin speeds, not to exceed the posted speed limit, based upon an engineering study and new text end 67.3 new text begin recommendation by the road authority. The engineering study must be conducted by the new text end 67.4 new text begin road authority and must conform with the manual and specifications adopted under section new text end 67.5 new text begin 169.06, subdivision 1, and applicable state and federal standards. The road authority shall new text end 67.6 new text begin consult the public transit operator before recommending operating conditions different new text end 67.7 new text begin from those authorized by law. new text end 67.8    Sec. 22. Minnesota Statutes 2010, section 169.64, subdivision 2, is amended to read: 67.9    Subd. 2. Colored light. new text begin (a) new text end Unless otherwise authorized by the commissioner of 67.10public safety, no vehicle shall be equipped, nor shall any person drive or move any vehicle 67.11or equipment upon any highway with any lamp or device displaying a red light or any 67.12colored light other than those required or permitted in this chapter. 67.13 new text begin (b) A vehicle manufactured for use as an emergency vehicle may display and use new text end 67.14 new text begin colored lights that are not otherwise required or permitted in this chapter, provided that new text end 67.15 new text begin the vehicle is owned and operated according to section 168.10, is owned and operated new text end 67.16 new text begin solely as a collector's item and not for general transportation purposes, and is registered new text end 67.17 new text begin under section 168.10, subdivision 1a, 1b, 1c, 1d, 1g, or 1h. A person may not activate the new text end 67.18 new text begin colored lights authorized under this paragraph on streets or highways except as part of new text end 67.19 new text begin a parade or other special event. new text end 67.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 67.21    Sec. 23. Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read: 67.22    Subd. 6. Exceptions. (a) This section does not apply to: 67.23(1) a person transporting a child in an emergency medical vehicle while in the 67.24performance of official duties and when the physical or medical needs of the child make 67.25the use of a child passenger restraint system unreasonable or when a child passenger 67.26restraint system is not available; 67.27(2) a peace officer transporting a child while in the performance of official duties 67.28and when a child passenger restraint system is not available, provided that a seat belt 67.29must be substituted; 67.30(3) a person while operating a motor vehicle for hire, including a taxi, airport 67.31limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; new text begin and new text end 67.32(4) a person while operating a school bus; and new text begin that has a gross vehicle weight rating new text end 67.33 new text begin of greater than 10,000 pounds. new text end 68.1(5) a person while operating a type III vehicle described in section , 68.2subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection 68.3requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations, 68.4title 49, part 571. 68.5(b) A child passenger restraint system is not required for a child who cannot, in the 68.6judgment of a licensed physician, be safely transported in a child passenger restraint 68.7system because of a medical condition, body size, or physical disability. A motor vehicle 68.8operator claiming exemption for a child under this paragraph must possess a typewritten 68.9statement from the physician stating that the child cannot be safely transported in a child 68.10passenger restraint system. The statement must give the name and birth date of the child, 68.11be dated within the previous six months, and be made on the physician's letterhead or 68.12contain the physician's name, address, and telephone number. A person charged with 68.13violating subdivision 5 may not be convicted if the person produces the physician's 68.14statement in court or in the office of the arresting officer. 68.15(c) A person offering a motor vehicle for rent or lease shall provide a child passenger 68.16restraint device to a customer renting or leasing the motor vehicle who requests the device. 68.17A reasonable rent or fee may be charged for use of the child passenger restraint device. 68.18    Sec. 24. Minnesota Statutes 2010, section 169.685, subdivision 7, is amended to read: 68.19    Subd. 7. Appropriation; special account; legislative report. The Minnesota child 68.20passenger restraint and education account is created in the state treasury, consisting of 68.21fines collected under subdivision 5 and other money appropriated or donated. The money 68.22in the account is annually appropriated to the commissioner of public safety, to be used to 68.23provide child passenger restraint systems to families in financial need and new text begin , school districts new text end 68.24 new text begin and child care providers that provide for the transportation of pupils to and from school new text end 68.25 new text begin using type III vehicles or school buses with a gross vehicle weight rating of 10,000 pounds new text end 68.26 new text begin or less, and new text end to provide an educational program on the need for and proper use of child 68.27passenger restraint systems. The commissioner shall report to the legislature by February 68.281 of each odd-numbered year on the commissioner's activities and expenditure of funds 68.29under this section. 68.30    Sec. 25. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read: 68.31    Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this 68.32section, an officer may require the driver to stop the vehicle in a suitable place and remain 68.33standing until a portion of the load is removed that is sufficient to reduce the gross weight 68.34of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph 69.1(b), or sections 169.823 to 169.829, whichever is the lesser violation, if any. A suitable 69.2place is a location where loading or tampering with the load is not prohibited by federal, 69.3state, or local law, rule, or ordinance. 69.4    (b) Except as provided in paragraph (c), a driver may be required to unload a 69.5vehicle only if the weighing officer determines that (1) on routes subject to the provisions 69.6of sections 169.823 to 169.829, the weight on an axle exceeds the lawful gross weight 69.7prescribed by sections 169.823 to 169.829, by 2,000 pounds or more, or the weight on a 69.8group of two or more consecutive axles in cases where the distance between the centers 69.9of the first and last axles of the group under consideration is ten feet or less exceeds the 69.10lawful gross weight prescribed by sections 169.823 to 169.829, by 4,000 pounds or more; 69.11or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted 69.12in accordance with section 169.87. Material unloaded must be cared for by the owner or 69.13driver of the vehicle at the risk of the owner or driver. 69.14    (c) If new text begin The driver is not required to unload under paragraph (b) when new text end the gross weight 69.15of the vehicle does not exceed new text begin : new text end 69.16 new text begin (1) the sum of new text end the vehicle's registered gross weight plus new text begin , new text end the weight allowance set 69.17forth in section 168.013, subdivision 3, paragraph (b), and plus, if applicable, the weight 69.18allowance permitted under section 169.826, then the driver is not required to unload 69.19under paragraph (b) new text begin ; or new text end 69.20 new text begin (2) the weight allowed by special permit issued under section 169.86 for a vehicle new text end 69.21 new text begin that is operated in conformity with the limitations and conditions of the permit new text end . 69.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2012, and applies to new text end 69.23 new text begin all registrations that are effective on or after that date and special permits issued on or new text end 69.24 new text begin after that date. new text end 69.25    Sec. 26. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read: 69.26    Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect 69.27to highways under the commissioner's jurisdiction, and local authorities, with respect to 69.28highways under their jurisdiction, may, in their discretion, upon application in writing 69.29and good cause being shown therefor, issue a special permit, in writing, authorizing the 69.30applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or 69.31load exceeding the maximum specified in this chapter, new text begin exceeding the gross weight for new text end 69.32 new text begin which the vehicle is registered under chapter 168, new text end or otherwise not in conformity with the 69.33provisions of this chapter, upon any highway under the jurisdiction of the party granting 69.34such permit and for the maintenance of which such party is responsible. 70.1(b) Permits relating to over-width, over-length manufactured homes shall not be 70.2issued to persons other than manufactured home dealers or manufacturers for movement 70.3of new units owned by the manufactured home dealer or manufacturer, until the person 70.4has presented a statement from the county auditor and treasurer where the unit is presently 70.5located, stating that all personal and real property taxes have been paid. Upon payment of 70.6the most recent single year delinquent personal property or current year taxes only, the 70.7county auditor or treasurer must issue a taxes paid statement to a manufactured home 70.8dealer or a financial institution desiring to relocate a manufactured home that has been 70.9repossessed. This statement must be dated within 30 days of the contemplated move. The 70.10statement from the county auditor and treasurer where the unit is presently located, stating 70.11that all personal and real property taxes have been paid, may be made by telephone. If 70.12the statement is obtained by telephone, the permit shall contain the date and time of the 70.13telephone call and the names of the persons in the auditor's office and treasurer's office 70.14who verified that all personal and real property taxes had been paid. 70.15(c) The commissioner may not grant a permit authorizing the movement, in a 70.16three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that 70.17the commissioner (1) may renew a permit that was granted before April 16, 1984, for the 70.18movement of a semitrailer or trailer that exceeds the length limitation in section 169.81, 70.19subdivision 2 , or (2) may grant a permit authorizing the transportation of empty trailers 70.20that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of 70.21Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in 70.22the state to the state border. 70.23(d) The state as to state trunk highways, a statutory or home rule charter city as 70.24to streets in the city, or a town as to roads in the town, may issue permits authorizing 70.25the transportation of combinations of vehicles exceeding the limitations in section 70.26169.81, subdivisions 2a and 3 , over highways, streets, or roads within its boundaries. 70.27Combinations of vehicles authorized by this paragraph may be restricted as to the use of 70.28state trunk highways by the commissioner, to the use of streets by the city road authority, 70.29and to the use of roads by the town road authority. Nothing in this paragraph or section 70.30169.81, subdivisions 2a and 3 , alters or changes the authority vested in local authorities 70.31under section 169.04. 70.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2012, and applies to new text end 70.33 new text begin all registrations that are effective on or after that date and special permits issued on or new text end 70.34 new text begin after that date. new text end 70.35    Sec. 27. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read: 71.1    Subd. 4. Display and inspection of permit. Every such new text begin A new text end permit shall new text begin must new text end be 71.2carried in the vehicle or combination of vehicles to which it refers and shall new text begin must new text end be open 71.3to inspection by any police new text begin peace new text end officer or authorized agent of any authority granting 71.4such new text begin the new text end permit, and new text begin . A permit may be carried in electronic format if it is easily read. new text end No 71.5person shall violate any of the terms or conditions of such new text begin a new text end special permit. 71.6    Sec. 28. Minnesota Statutes 2011 Supplement, section 169.86, subdivision 5, is 71.7amended to read: 71.8    Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with 71.9respect to highways under the commissioner's jurisdiction, may charge a fee for each 71.10permit issued. All such fees for permits issued by the commissioner of transportation shall new text begin new text end 71.11 new text begin must new text end be deposited in the state treasury and credited to the trunk highway fund. Except 71.12for those annual permits for which the permit fees are specified elsewhere in this chapter, 71.13the fees shall be new text begin are new text end : 71.14    (a) $15 for each single trip permit. 71.15    (b) $36 for each job permit. A job permit may be issued for like loads carried on 71.16a specific route for a period not to exceed two months. "Like loads" means loads of the 71.17same product, weight, and dimension. 71.18    (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive 71.19months. Annual permits may be issued for: 71.20    (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety 71.21or well-being of the public; 71.22    (2) motor vehicles which new text begin that new text end travel on interstate highways and carry loads 71.23authorized under subdivision 1a; 71.24    (3) motor vehicles operating with gross weights authorized under section 169.826, 71.25subdivision 1a ; 71.26    (4) special pulpwood vehicles described in section 169.863; 71.27    (5) motor vehicles bearing snowplow blades not exceeding ten feet in width; 71.28    (6) noncommercial transportation of a boat by the owner or user of the boat; 71.29    (7) motor vehicles carrying bales of agricultural products authorized under section 71.30169.862 ; and 71.31(8) special milk-hauling vehicles authorized under section 169.867. 71.32    (d) $120 for an oversize annual permit to be issued for a period not to exceed 12 71.33consecutive months. Annual permits may be issued for: 71.34    (1) mobile cranes; 71.35    (2) construction equipment, machinery, and supplies; 72.1    (3) manufactured homes and manufactured storage buildings; 72.2    (4) implements of husbandry; 72.3    (5) double-deck buses; 72.4    (6) commercial boat hauling and transporting waterfront structures, including, but 72.5not limited to, portable boat docks and boat lifts; 72.6    (7) three-vehicle combinations consisting of two empty, newly manufactured trailers 72.7for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however, 72.8the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer 72.9only while operating on twin-trailer routes designated under section 169.81, subdivision 3, 72.10paragraph (c); and 72.11(8) vehicles operating on that portion of marked Trunk Highway 36 described in 72.12section 169.81, subdivision 3, paragraph (e). 72.13    (e) For vehicles which new text begin that new text end have axle weights exceeding the weight limitations of 72.14sections 169.823 to 169.829, an additional cost added to the fees listed above. However, 72.15this paragraph applies to any vehicle described in section 168.013, subdivision 3, 72.16paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in 72.17that paragraph, and then the additional cost is for all weight, including the allowance 72.18weight, in excess of the permitted maximum axle weight. The additional cost is equal 72.19to the product of the distance traveled times the sum of the overweight axle group cost 72.20factors shown in the following chart: 72.21 Overweight Axle Group Cost Factors 72.22 Weight (pounds) Cost Per Mile For Each Group Of: 72.23 72.24 72.25 72.26 72.27 exceeding weight limitations on axles Two consecutive axles spaced within 8 feet or less Three consecutive axles spaced within 9 feet or less Four consecutive axles spaced within 14 feet or less 72.28 0-2,000 .12 .05 .04 72.29 2,001-4,000 .14 .06 .05 72.30 4,001-6,000 .18 .07 .06 72.31 6,001-8,000 .21 .09 .07 72.32 8,001-10,000 .26 .10 .08 72.33 10,001-12,000 .30 .12 .09 72.34 72.35 12,001-14,000 Not permitted .14 .11 72.36 72.37 14,001-16,000 Not permitted .17 .12 72.38 72.39 16,001-18,000 Not permitted .19 .15 73.1 73.2 18,001-20,000 Not permitted Not permitted .16 73.3 73.4 20,001-22,000 Not permitted Not permitted .20 73.5The amounts added are rounded to the nearest cent for each axle or axle group. The 73.6additional cost does not apply to paragraph (c), clauses (1) and (3). 73.7For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile 73.8fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed 73.9in addition to the normal permit fee. Miles must be calculated based on the distance 73.10already traveled in the state plus the distance from the point of detection to a transportation 73.11loading site or unloading site within the state or to the point of exit from the state. 73.12    (f) As an alternative to paragraph (e), an annual permit may be issued for overweight, 73.13or oversize and overweight, mobile cranes; construction equipment, machinery, and 73.14supplies; implements of husbandry; and commercial boat hauling. The fees for the permit 73.15are as follows: 73.16 Gross Weight (pounds) of Vehicle Annual Permit Fee 73.17 90,000 or less $200 73.18 90,001 - 100,000 $300 73.19 100,001 - 110,000 $400 73.20 110,001 - 120,000 $500 73.21 120,001 - 130,000 $600 73.22 130,001 - 140,000 $700 73.23 140,001 - 145,000 $800 73.24 new text begin 145,001 new text end new text begin - 155,000 new text end new text begin $900 new text end 73.25If the gross weight of the vehicle is more than 145,000 new text begin 155,000 new text end pounds the permit fee is 73.26determined under paragraph (e). 73.27    (g) For vehicles which exceed the width limitations set forth in section 169.80 by 73.28more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a) 73.29when the permit is issued while seasonal load restrictions pursuant to section 169.87 are 73.30in effect. 73.31    (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for 73.32refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on 73.33a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828, 73.34subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000 73.35pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000 73.36pounds. 73.37    (i) $300 for a motor vehicle described in section 169.8261. The fee under this 73.38paragraph must be deposited as follows: 74.1    (1) in fiscal years 2005 through 2010: 74.2    (i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund 74.3for costs related to administering the permit program and inspecting and posting bridges; 74.4    (ii) all remaining money in each fiscal year must be deposited in a bridge inspection 74.5and signing account in the special revenue fund. Money in the account is appropriated 74.6to the commissioner for: 74.7    (A) inspection of local bridges and identification of local bridges to be posted, 74.8including contracting with a consultant for some or all of these functions; and 74.9    (B) erection of weight-posting signs on local bridges; and 74.10    (2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway 74.11fund. 74.12    (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating 74.13under authority of section 169.824, subdivision 2, paragraph (a), clause (2). 74.14    Sec. 29. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision 74.15to read: 74.16     new text begin Subd. 5a. new text end new text begin Additional tax for excessive gross weight. new text end new text begin When a special permit is new text end 74.17 new text begin issued under this chapter, the commissioner shall collect in addition to the permit fee an new text end 74.18 new text begin additional tax for excessive gross weight, if the weight allowed under the permit is greater new text end 74.19 new text begin than the gross weight for which the vehicle is registered under section 168.013. The new text end 74.20 new text begin tax shall be calculated as the difference between the registration tax paid under section new text end 74.21 new text begin 168.013, subdivision 1e, and the additional tax that would be due under section 168.013, new text end 74.22 new text begin subdivision 1e, at the gross weight allowed under the permit, prorated by the number of new text end 74.23 new text begin days for which the permit is effective. Proceeds of the surcharge must be deposited in the new text end 74.24 new text begin state treasury and credited to the highway user tax distribution fund. new text end 74.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective with the registration period beginning new text end 74.26 new text begin October 1, 2012, and applies to all registrations that are effective on or after that date and new text end 74.27 new text begin special permits issued on or after that date. new text end 74.28    Sec. 30. Minnesota Statutes 2010, section 169.99, subdivision 1b, is amended to read: 74.29    Subd. 1b. Speed. new text begin (a) For a citation issued before August 1, 2014, the uniform new text end 74.30 new text begin traffic ticket must provide a blank or space wherein an officer who issues a citation for a new text end 74.31 new text begin violation of a speed limit of 55 or 60 miles per hour must specify whether the speed was new text end 74.32 new text begin greater than ten miles per hour in excess of the speed limit. new text end 74.33 new text begin (b) For a citation issued on or after August 1, 2014, new text end the uniform traffic ticket must 74.34provide a blank or space wherein an officer who issues a citation for a violation of a speed 75.1limit of 55 or 60 miles per hour must specify whether the speed was greater than ten miles 75.2per hour in excess of a 55 miles per hour speed limit, or more than five miles per hour in 75.3excess of a 60 miles per hour speed limit. 75.4    Sec. 31. Minnesota Statutes 2010, section 169A.54, subdivision 1, is amended to read: 75.5    Subdivision 1. Revocation periods for DWI convictions. Except as provided in 75.6subdivision 7, the commissioner shall revoke the driver's license of a person convicted 75.7of violating section 169A.20 (driving while impaired) or an ordinance in conformity 75.8with it, as follows: 75.9    (1) new text begin not less than 30 days new text end for an offense under section 169A.20, subdivision 1 75.10(driving while impaired crime), not less than 30 days; 75.11    (2) new text begin not less than 90 days new text end for an offense under section 169A.20, subdivision 2 (refusal 75.12to submit to chemical test crime), not less than 90 days; 75.13    (3) new text begin not less than one year new text end for new text begin : new text end 75.14 new text begin (i) new text end an offense occurring within ten years of a qualified prior impaired driving 75.15incident, or new text begin ; new text end 75.16 new text begin (ii) an offense new text end occurring after two qualified prior impaired driving incidents, not 75.17less than one year, new text begin ; new text end or if 75.18 new text begin (iii) an offense occurring when a person has an alcohol concentration of twice the new text end 75.19 new text begin legal limit or more as measured at the time or within two hours of the time of the offense new text end 75.20 new text begin and the person has no qualified prior impaired driving incident within ten years; new text end 75.21 new text begin (4) not less than two years for an offense occurring under clause (3), item (i) new text end 75.22 new text begin or (ii), and where new text end the test results indicate an alcohol concentration of twice the legal 75.23limit or more, not less than two years and until the court has certified that treatment or 75.24rehabilitation has been successfully completed where prescribed in accordance with 75.25section 169A.70 (chemical use assessments); 75.26    (4) new text begin (5) not less than three years new text end for an offense occurring within ten years of the 75.27first of two qualified prior impaired driving incidents or occurring after three qualified 75.28prior impaired driving incidents, not less than three years, together new text begin and new text end with denial under 75.29section 171.04, subdivision 1, clause (10), until rehabilitation is established according to 75.30standards established by the commissioner; new text begin and new text end 75.31    (5) new text begin (6) not less than four years new text end for an offense occurring within ten years of the first of 75.32three qualified prior impaired driving incidents, not less than four years, together new text begin and new text end with 75.33denial under section 171.04, subdivision 1, clause (10), until rehabilitation is established 75.34according to standards established by the commissioner; or 76.1(6) new text begin (7) not less than six years new text end for an offense occurring after four or more qualified 76.2prior impaired driving incidents, not less than six years, together new text begin and new text end with denial under 76.3section 171.04, subdivision 1, clause (10), until rehabilitation is established according to 76.4standards established by the commissioner. 76.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 76.6    Sec. 32. Minnesota Statutes 2010, section 169A.54, subdivision 6, is amended to read: 76.7    Subd. 6. Applicability of implied consent revocation. (a) Any person whose 76.8license has been revoked pursuant to section 169A.52 (license revocation for test failure 76.9or refusal) as the result of the same incident, and who does not have a qualified prior 76.10impaired driving incident, is subject to the mandatory revocation provisions of subdivision 76.111, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52. 76.12(b) Paragraph (a) does not apply to: 76.13(1) a person whose license has been revoked under subdivision 2 (driving while 76.14impaired by person under age 21); or 76.15(2) a person whose driver's license has been revoked for, or who is charged with, new text begin new text end 76.16 new text begin (i) an alcohol concentration of twice the legal limit or more as measured at the time or new text end 76.17 new text begin within two hours of the time of the offense; or (ii) new text end a violation of section 169A.20 (driving 76.18while impaired) with an aggravating factor described in section 169A.03, subdivision 76.193 , clause (2) or (3). 76.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 76.21    Sec. 33. Minnesota Statutes 2010, section 171.03, is amended to read: 76.22171.03 PERSONS EXEMPT. 76.23    The following persons are exempt from license hereunder: 76.24    (a) A person in the employ or service of the United States federal government is 76.25exempt while driving or operating a motor vehicle owned by or leased to the United 76.26States federal government. 76.27    (b) A person in the employ or service of the United States federal government is 76.28exempt from the requirement to possess a valid class A, class B, or class C commercial 76.29driver's license while driving or operating for military purposes a commercial motor 76.30vehicle for the United States federal government if the person is: 76.31    (1) on active duty in the U. S. Coast Guard; 76.32    (2) on active duty in a branch of the U. S. armed forces, which includes the Army, 76.33Air Force, Navy, and Marine Corps; 77.1    (3) a member of a reserve component of the U. S. armed forces; or 77.2    (4) on active duty in the Army National Guard or Air National Guard, which 77.3includes (i) a member on full-time National Guard duty, (ii) a member undergoing 77.4part-time National Guard training, and (iii) a National Guard military technician, who is a 77.5civilian required to wear a military uniform. 77.6The exemption provided under this paragraph does not apply to a U. S. armed forces 77.7reserve technician. 77.8    (c) Any person while driving or operating any farm tractor or implement of 77.9husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain 77.10vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined 77.11in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797, 77.12subdivision 7 , are not implements of husbandry. 77.13    (d) A nonresident who is at least 15 years of age and who has in immediate 77.14possession a valid driver's license issued to the nonresident in the home state or country 77.15may operate a motor vehicle in this state only as a driver. 77.16    (e) A nonresident who has in immediate possession a valid commercial driver's 77.17license issued by a state or jurisdiction in accordance with the standards of Code of 77.18Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of 77.19commercial motor vehicle authorized by the issuing state or jurisdiction is exempt. 77.20    (f) Any nonresident who is at least 18 years of age, whose home state or country does 77.21not require the licensing of drivers may operate a motor vehicle as a driver, but only for a 77.22period of not more than 90 days in any calendar year, if the motor vehicle so operated is 77.23duly registered for the current calendar year in the home state or country of the nonresident. 77.24    (g) Any person who becomes a resident of the state of Minnesota and who has in 77.25possession a valid driver's license issued to the person under and pursuant to the laws of 77.26some other state or jurisdiction or by military authorities of the United States may operate 77.27a motor vehicle as a driver, but only for a period of not more than 60 days after becoming 77.28a resident of this state, without being required to have a Minnesota driver's license as 77.29provided in this chapter. 77.30    (h) Any person who becomes a resident of the state of Minnesota and who has in 77.31possession a valid commercial driver's license issued by another state or jurisdiction in 77.32accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt 77.33for not more than 30 days after becoming a resident of this state. 77.34    (i) Any person operating a snowmobile, as defined in section 84.81, is exempt. 77.35 new text begin (j) A railroad operator, as defined in section 169.035, subdivision 4, paragraph (a), new text end 77.36 new text begin is exempt while operating a railroad locomotive or train, or on-track equipment while new text end 78.1 new text begin being operated upon rails. This exemption includes operation while crossing a street or new text end 78.2 new text begin highway, whether public or private. new text end 78.3    Sec. 34. Minnesota Statutes 2010, section 171.061, subdivision 4, is amended to read: 78.4    Subd. 4. Fee; equipment. (a) The agent may charge and retain a filing fee of $5 for 78.5each application. Except as provided in paragraph (b) new text begin (c) new text end , the fee shall cover all expenses 78.6involved in receiving, accepting, or forwarding to the department the applications and 78.7fees required under sections 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 78.8171.07 , subdivisions 3 and 3a. 78.9 new text begin (b) The statutory fees and the filing fees imposed under paragraph (a) may be paid new text end 78.10 new text begin by credit card or debit card. The driver's license agent may collect a convenience fee on new text end 78.11 new text begin the statutory fees and filing fees not greater than the cost of processing a credit card or new text end 78.12 new text begin debit card transaction. The convenience fee must be used to pay the cost of processing new text end 78.13 new text begin credit card and debit card transactions. The commissioner shall adopt rules to administer new text end 78.14 new text begin this paragraph using the exempt procedures of section 14.386, except that section 14.386, new text end 78.15 new text begin paragraph (b), does not apply. new text end 78.16(b) new text begin (c) new text end The department shall maintain the photo identification equipment for all 78.17agents appointed as of January 1, 2000. Upon the retirement, resignation, death, or 78.18discontinuance of an existing agent, and if a new agent is appointed in an existing office 78.19pursuant to Minnesota Rules, chapter 7404, and notwithstanding the above or Minnesota 78.20Rules, part 7404.0400, the department shall provide and maintain photo identification 78.21equipment without additional cost to a newly appointed agent in that office if the office 78.22was provided the equipment by the department before January 1, 2000. All photo 78.23identification equipment must be compatible with standards established by the department. 78.24(c) new text begin (d) new text end A filing fee retained by the agent employed by a county board must be paid 78.25into the county treasury and credited to the general revenue fund of the county. An 78.26agent who is not an employee of the county shall retain the filing fee in lieu of county 78.27employment or salary and is considered an independent contractor for pension purposes, 78.28coverage under the Minnesota State Retirement System, or membership in the Public 78.29Employees Retirement Association. 78.30(d) new text begin (e) new text end Before the end of the first working day following the final day of the 78.31reporting period established by the department, the agent must forward to the department 78.32all applications and fees collected during the reporting period except as provided in 78.33paragraph (c) new text begin (d) new text end . 78.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.1    Sec. 35. Minnesota Statutes 2010, section 171.12, subdivision 6, is amended to read: 79.2    Subd. 6. Certain convictions not recorded. (a) Except as provided in paragraph (b) new text begin new text end 79.3 new text begin (c) new text end , the department shall not keep on the record of a driver any conviction for a violation 79.4of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater 79.5than ten miles per hour in excess of a 55 miles per hour new text begin the new text end speed limit, or more than five 79.6miles per hour in excess of a 60 miles per hour speed limit. 79.7(b) new text begin Except as provided in paragraph (c), the department shall not keep on the record new text end 79.8 new text begin of a driver any conviction for a violation of a speed limit of 60 miles per hour unless the new text end 79.9 new text begin violation consisted of a speed greater than: new text end 79.10 new text begin (1) ten miles per hour in excess of the speed limit, for any violation occurring on or new text end 79.11 new text begin after August 1, 2012, and before August 1, 2014; or new text end 79.12 new text begin (2) five miles per hour in excess of the speed limit, for any violation occurring on new text end 79.13 new text begin or after August 1, 2014. new text end 79.14 new text begin (c) new text end This subdivision does not apply to (1) a violation that occurs in a commercial 79.15motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial 79.16driver's license, without regard to whether the violation was committed in a commercial 79.17motor vehicle or another vehicle. 79.18    Sec. 36. Minnesota Statutes 2010, section 171.30, subdivision 1, is amended to read: 79.19    Subdivision 1. Conditions of issuance. (a) The commissioner may issue a limited 79.20license to the driver under the conditions in paragraph (b) in any case where a person's 79.21license has been: 79.22(1) suspended under section 171.18, 171.173, or 171.186; 79.23(2) revoked, canceled, or denied under section: 79.24(i) 169.792; 79.25(ii) 169.797; 79.26(iii) 169A.52: 79.27(A) subdivision 3, paragraph (a), clause (1) or (2); 79.28(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section 79.29171.306 ; 79.30(C) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an 79.31alcohol concentration of less than twice the legal limit; 79.32(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section 79.33171.306 ; 79.34(iv) 171.17; or 79.35(v) 171.172; or 80.1(3) revoked, canceled, or denied under section 169A.54: 80.2(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration 80.3of less than twice the legal limit; 80.4(ii) subdivision 1, clause (2); 80.5(iii) subdivision 1, clause (4), (5), or (6), new text begin or (7), new text end if in compliance with section 80.6171.306 ; or 80.7(iv) subdivision 2, if the person does not have a qualified prior impaired driving 80.8incident as defined in section 169A.03, subdivision 22, on the person's record, and the test 80.9results indicate an alcohol concentration of less than twice the legal limit. 80.10(b) The following conditions for a limited license under paragraph (a) include: 80.11(1) if the driver's livelihood or attendance at a chemical dependency treatment or 80.12counseling program depends upon the use of the driver's license; 80.13(2) if the use of a driver's license by a homemaker is necessary to prevent the 80.14substantial disruption of the education, medical, or nutritional needs of the family of 80.15the homemaker; or 80.16(3) if attendance at a postsecondary institution of education by an enrolled student of 80.17that institution depends upon the use of the driver's license. 80.18(c) The commissioner in issuing a limited license may impose such conditions and 80.19limitations as in the commissioner's judgment are necessary to the interests of the public 80.20safety and welfare including reexamination as to the driver's qualifications. The license 80.21may be limited to the operation of particular vehicles, to particular classes and times of 80.22operation, and to particular conditions of traffic. The commissioner may require that an 80.23applicant for a limited license affirmatively demonstrate that use of public transportation 80.24or carpooling as an alternative to a limited license would be a significant hardship. 80.25(d) For purposes of this subdivision: 80.26(1) "homemaker" refers to the person primarily performing the domestic tasks in a 80.27household of residents consisting of at least the person and the person's dependent child 80.28or other dependents; and 80.29(2) "twice the legal limit" means an alcohol concentration of two times the limit 80.30specified in section 169A.20, subdivision 1, clause (5). 80.31(e) The limited license issued by the commissioner shall clearly indicate the 80.32limitations imposed and the driver operating under the limited license shall have the 80.33license in possession at all times when operating as a driver. 80.34(f) In determining whether to issue a limited license, the commissioner shall consider 80.35the number and the seriousness of prior convictions and the entire driving record of the 80.36driver and shall consider the number of miles driven by the driver annually. 81.1(g) If the person's driver's license or permit to drive has been revoked under 81.2section 169.792 or 169.797, the commissioner may only issue a limited license to the 81.3person after the person has presented an insurance identification card, policy, or written 81.4statement indicating that the driver or owner has insurance coverage satisfactory to 81.5the commissioner of public safety. The commissioner of public safety may require 81.6the insurance identification card provided to satisfy this subdivision be certified by the 81.7insurance company to be noncancelable for a period not to exceed 12 months. 81.8(h) The limited license issued by the commissioner to a person under section 81.9171.186, subdivision 4 , must expire 90 days after the date it is issued. The commissioner 81.10must not issue a limited license to a person who previously has been issued a limited 81.11license under section 171.186, subdivision 4. 81.12(i) The commissioner shall not issue a limited driver's license to any person 81.13described in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14). 81.14(j) The commissioner shall not issue a class A, class B, or class C limited license. 81.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 81.16    Sec. 37. Minnesota Statutes 2010, section 171.306, subdivision 4, is amended to read: 81.17    Subd. 4. Issuance of restricted license. (a) The commissioner shall issue a class 81.18D driver's license, subject to the applicable limitations and restrictions of this section, 81.19to a program participant who meets the requirements of this section and the program 81.20guidelines. The commissioner shall not issue a license unless the program participant has 81.21provided satisfactory proof that: 81.22(1) a certified ignition interlock device has been installed on the participant's motor 81.23vehicle at an installation service center designated by the device's manufacturer; and 81.24(2) the participant has insurance coverage on the vehicle equipped with the ignition 81.25interlock device. The commissioner shall require the participant to present an insurance 81.26identification card, policy, or written statement as proof of insurance coverage, and may 81.27require the insurance identification card provided be certified by the insurance company to 81.28be noncancelable for a period not to exceed 12 months. 81.29(b) A license issued under authority of this section must contain a restriction 81.30prohibiting the program participant from driving, operating, or being in physical control of 81.31any motor vehicle not equipped with a functioning ignition interlock device certified by 81.32the commissioner. A participant may drive an employer-owned vehicle not equipped with 81.33an interlock device while in the normal course and scope of employment duties pursuant 81.34to the program guidelines established by the commissioner and with the employer's 81.35written consent. 82.1(c) A program participant whose driver's license has been revoked under section 82.2169A.52, subdivision 3 , paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph 82.3(a), clause (1), (2), or (3), or section 169A.54, subdivision 1, clause (1), (2), or (3) new text begin , or (4) new text end , 82.4may apply for conditional reinstatement of the driver's license, subject to the ignition 82.5interlock restriction. 82.6(d) A program participant whose driver's license has been revoked, canceled, or 82.7denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or 82.8subdivision 4, paragraph (a), clause (4), (5), or (6), or section 169A.54, subdivision 1, 82.9clause (4), (5), or (6) new text begin , or (7) new text end , may apply for a limited license, subject to the ignition 82.10interlock restriction, if the program participant is enrolled in a licensed chemical 82.11dependency treatment or rehabilitation program as recommended in a chemical use 82.12assessment, and if the participant meets the other applicable requirements of section 82.13171.30 . After completing a licensed chemical dependency treatment or rehabilitation 82.14program and one year of limited license use without violating the ignition interlock 82.15restriction, the conditions of limited license use, or program guidelines, the participant 82.16may apply for conditional reinstatement of the driver's license, subject to the ignition 82.17interlock restriction. If the program participant's ignition interlock device subsequently 82.18registers a positive breath alcohol concentration of 0.02 or higher, the commissioner shall 82.19cancel the driver's license, and the program participant may apply for another limited 82.20license according to this paragraph. 82.21(e) Notwithstanding any statute or rule to the contrary, the commissioner has 82.22authority to determine when a program participant is eligible for restoration of full driving 82.23privileges, except that the commissioner shall not reinstate full driving privileges until the 82.24program participant has met all applicable prerequisites for reinstatement under section 82.25169A.55 and until the program participant's device has registered no positive breath 82.26alcohol concentrations of 0.02 or higher during the preceding 90 days. 82.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2012. new text end 82.28    Sec. 38. Minnesota Statutes 2010, section 174.02, is amended by adding a subdivision 82.29to read: 82.30     new text begin Subd. 9. new text end new text begin Pilot transportation project; alternative financing and investment. new text end new text begin (a) new text end 82.31 new text begin The commissioner may select one pilot transportation project on the trunk highway system new text end 82.32 new text begin to implement the authority granted in this subdivision. In connection with the pilot project, new text end 82.33 new text begin the commissioner may enter into agreements with governmental or nongovernmental new text end 82.34 new text begin entities, including private and nonprofit entities, to finance or invest in the transportation new text end 82.35 new text begin project, including repayment agreements. An agreement under this subdivision is subject new text end 83.1 new text begin to (1) the availability of state money or other dedicated revenue or resources; and (2) the new text end 83.2 new text begin approval of the commissioner of management and budget. new text end 83.3 new text begin (b) The commissioner shall submit to the chairs and ranking minority members of new text end 83.4 new text begin the house of representatives and senate committees having jurisdiction over transportation new text end 83.5 new text begin policy and finance a report detailing agreements executed under this subdivision. The new text end 83.6 new text begin listing must identify each agreement, the contracting entities, the contract amounts and new text end 83.7 new text begin duration, and any repayment requirements. The listing may be submitted electronically, new text end 83.8 new text begin and is subject to section 3.195, subdivision 1. new text end 83.9 new text begin (c) The pilot project is subject to transportation planning, programming, and new text end 83.10 new text begin procurement requirements. Use of this subdivision must not result in the delay of any new text end 83.11 new text begin project programmed in the statewide transportation improvement program. new text end 83.12 new text begin (d) This subdivision does not preempt any other statute or provide new toll facility new text end 83.13 new text begin authority or design-build contracting authority. new text end 83.14 new text begin (e) Any repayment agreement under this subdivision must comply with all applicable new text end 83.15 new text begin debt and other financial policies and requirements. new text end 83.16    Sec. 39. Minnesota Statutes 2010, section 174.56, is amended to read: 83.17174.56 REPORT ON MAJOR HIGHWAY PROJECTS new text begin AND TRUNK new text end 83.18 new text begin HIGHWAY FUND EXPENDITURES new text end . 83.19    Subdivision 1. Report required. new text begin (a) new text end The commissioner of transportation shall 83.20submit a report on January 15, 2009, and on January new text begin by December new text end 15 of each year 83.21thereafter, on new text begin (1) new text end the status of major highway projects new text begin completed during the previous two new text end 83.22 new text begin years or new text end under construction or planned during the year of the report and for the ensuing 15 83.23years new text begin ; and (2) trunk highway fund expenditures new text end . 83.24 new text begin (b) new text end For purposes of this section, a "major highway project" is a highway project that 83.25has a total cost for all segments that the commissioner estimates at the time of the report to 83.26be at least (1) $25,000,000 new text begin $15,000,000 new text end in the metropolitan highway construction district, 83.27or (2) $10,000,000 new text begin $5,000,000 new text end in any nonmetropolitan highway construction district. 83.28    Subd. 2. Report contents new text begin ; major highway projects new text end . For each major highway 83.29project the report must include: 83.30    (1) a description of the project sufficient to specify its scope and location; 83.31    (2) a history of the project, including, but not limited to, previous official actions 83.32by the department or the appropriate area transportation partnership, or both, the date on 83.33which the project was first included in the state transportation improvement plan, the cost 83.34of the project at that time, new text begin the planning estimate for the project, the engineer's estimate, the new text end 83.35 new text begin award price, the final cost as of six months after substantial completion, including any new text end 84.1 new text begin supplemental agreements and cost overruns or cost savings, new text end the dates of environmental 84.2approval, the dates of municipal approval, the date of final geometric layout, and the date 84.3of establishment of any construction limits; 84.4    (3) the project's priority listing or rank within its construction district, if any, as 84.5well as the reasons for that listing or rank, the criteria used in prioritization or rank, any 84.6changes in that prioritization or rank since the project was first included in a department 84.7work plan, and the reasons for those changes; and 84.8    (4) past and potential future reasons for delay in letting or completing the project new text begin , new text end 84.9 new text begin details of all project cost changes that exceed $500,000, and specific modifications to the new text end 84.10 new text begin overall program that are made as a result of delays and project cost changes; new text end 84.11 new text begin (5) two representative trunk highway construction projects, one each from the new text end 84.12 new text begin department's metropolitan district and from greater Minnesota, and for each project report new text end 84.13 new text begin the cost of environmental mitigation and compliance; and new text end 84.14 new text begin (6) the annual budget for products and services for each Department of new text end 84.15 new text begin Transportation district and office, with comparison to actual spending and including new text end 84.16 new text begin measures of productivity for the previous fiscal year new text end . 84.17     new text begin Subd. 2a. new text end new text begin Report contents; trunk highway fund expenditures. new text end new text begin The commissioner new text end 84.18 new text begin shall include in the report information on the total expenditures from the trunk highway new text end 84.19 new text begin fund during the previous fiscal year, for each Department of Transportation district, in new text end 84.20 new text begin the following categories: road construction; planning; design and engineering; labor; new text end 84.21 new text begin compliance with environmental regulations; administration; acquisition of right-of-way, new text end 84.22 new text begin including costs for attorney fees and other compensation for property owners; litigation new text end 84.23 new text begin costs, including payment of claims, settlements, and judgments; maintenance; and road new text end 84.24 new text begin operations. new text end 84.25    Subd. 3. Department resources. The commissioner shall prepare and submit the 84.26report with existing department staff and resources. 84.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2012, except that (1) the new text end 84.28 new text begin changes in subdivision 2, clause (2), apply to projects that are substantially completed new text end 84.29 new text begin on or after July 1, 2012; and (2) subdivision 2, clause (6), is effective beginning with the new text end 84.30 new text begin report due by December 15, 2013. new text end 84.31    Sec. 40. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to 84.32read: 84.33    Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant 84.34a waiver to a person who is not physically qualified to drive under Code of Federal 85.1Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under 85.2this subdivision applies to intrastate transportation only. 85.3(b) A person who wishes to obtain a waiver under this subdivision must give the 85.4commissioner the following information: 85.5(1) the applicant's name, address, and telephone number; 85.6(2) the name, address, and telephone number of an employer coapplicant, if any; 85.7(3) a description of the applicant's experience in driving the type of vehicle to be 85.8operated under the waiver; 85.9(4) a description of the type of driving to be done under the waiver; 85.10(5) a description of any modifications to the vehicle the applicant intends to drive 85.11under the waiver that are designed to accommodate the applicant's medical condition or 85.12disability; 85.13(6) whether the applicant has been granted another waiver under this subdivision; 85.14(7) a copy of the applicant's current driver's license; 85.15(8) a copy of a medical examiner's certificate showing that the applicant is medically 85.16unqualified to drive unless a waiver is granted; 85.17(9) a statement from the applicant's treating physician that includes: 85.18(i) the extent to which the physician is familiar with the applicant's medical history; 85.19(ii) a description of the applicant's medical condition for which a waiver is necessary; 85.20(iii) assurance that the applicant has the ability and willingness to follow any course 85.21of treatment prescribed by the physician, including the ability to self-monitor or manage 85.22the medical condition; and 85.23(iv) the physician's professional opinion that the applicant's condition will not 85.24adversely affect the applicant's ability to operate a motor vehicle safely; and 85.25(10) any other information considered necessary by the commissioner including 85.26requiring a physical examination or medical report from a physician who specializes 85.27in a particular field of medical practice. 85.28(c) In granting a waiver under this subdivision, the commissioner may impose 85.29conditions the commissioner considers necessary to ensure that an applicant is able to 85.30operate a motor vehicle safely and that the safety of the general public is protected. 85.31(d) A person who is granted a waiver under this subdivision must: 85.32(1) at intervals specified in the waiver, give the commissioner periodic reports from 85.33the person's treating physician, or a medical specialist if the commissioner so requires in 85.34the waiver, that contain the information described in paragraph (b), clause (9), together 85.35with a description of any episode that involved the person's loss of consciousness or loss 85.36of ability to operate a motor vehicle safely; and 86.1(2) immediately report the person's involvement in an accident for which a report is 86.2required under section 169.09, subdivision 7. 86.3(e) The commissioner shall deny an application if, during the three years preceding 86.4the application: 86.5(1) the applicant's driver's license has been suspended under section 171.18, 86.6paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked 86.7under section 171.17, 171.172, or 171.174; or 86.8 new text begin (2) the applicant has been convicted of a violation under section 171.24; or new text end 86.9(2) new text begin (3) new text end the applicant has been convicted of a disqualifying offense, as defined in 86.10Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated 86.11by reference. 86.12(f) The commissioner may deny an application or may immediately revoke a 86.13waiver granted under this subdivision. Notice of the commissioner's reasons for denying 86.14an application or for revoking a waiver must be in writing and must be mailed to 86.15the applicant's or waiver holder's last known address by certified mail, return receipt 86.16requested. A person whose application is denied or whose waiver is revoked is entitled to 86.17a hearing under chapter 14. 86.18(g) A waiver granted under this subdivision expires on the date of expiration shown 86.19on the medical examiner's certificate described in paragraph (b), clause (8). 86.20    Sec. 41. Minnesota Statutes 2010, section 222.50, subdivision 4, is amended to read: 86.21    Subd. 4. Contract. The commissioner may negotiate and enter into contracts for the 86.22purpose of rail service improvement and may incorporate funds available from the federal 86.23rail service continuation program new text begin government new text end . The participants in these contracts shall be 86.24railroads, rail users new text begin , new text end and the department, and may be political subdivisions of the state and 86.25the federal government. In such contracts, participation by all parties shall be voluntary. 86.26The commissioner may provide a portion of the money required to carry out the terms of 86.27any such contract by expenditure from the rail service improvement account. 86.28    Sec. 42. Minnesota Statutes 2010, section 222.51, is amended to read: 86.29222.51 PARTICIPATION BY POLITICAL SUBDIVISION. 86.30The governing body of any political subdivision of the state may new text begin , new text end with the approval 86.31of the commissioner new text begin , new text end appropriate money for rail service improvement and may participate 86.32in the state rail service improvement program and the federal rail service continuation 86.33program new text begin programs new text end . 87.1    Sec. 43. Minnesota Statutes 2010, section 222.53, is amended to read: 87.2222.53 ACCEPTANCE OF FEDERAL MONEY. 87.3The commissioner may exercise those powers necessary for the state to qualify 87.4for, accept, and disburse any federal money that may be made available pursuant to the 87.5provisions of the federal rail service continuation program, including the power to: 87.6(1) establish an adequate plan for rail service in the state as part of an overall 87.7planning process for all transportation services in the state, including a suitable process for 87.8updating, revising, and amending the plan; 87.9(2) administer and coordinate the plan with other state agencies, and provide for the 87.10equitable distribution of resources; 87.11(3) develop, promote, and support safe, adequate, and efficient rail transportation 87.12services; employ qualified personnel; maintain adequate programs of investigation, 87.13research, promotion, and development, with provisions for public participation; and take 87.14all practical steps to improve transportation safety and reduce transportation-related 87.15energy utilization and pollution; 87.16(4) adopt and maintain adequate procedures for financial control, accounting, and 87.17performance evaluation in order to assure proper use of state and federal money; new text begin and new text end 87.18(5) do all things otherwise necessary to maximize federal assistance to the state 87.19under the federal rail service continuation program. 87.20    Sec. 44. Minnesota Statutes 2010, section 574.26, subdivision 1a, is amended to read: 87.21    Subd. 1a. Exemptions: certain manufacturers; commissioner of transportation new text begin ; new text end 87.22 new text begin road maintenance new text end . (a) Sections 574.26 to 574.32 do not apply to a manufacturer of 87.23public transit buses that manufactures at least 100 public transit buses in a calendar year. 87.24For purposes of this section, "public transit bus" means a motor vehicle designed to 87.25transport people, with a design capacity for carrying more than 40 passengers, including 87.26the driver. The term "public transit bus" does not include a school bus, as defined in 87.27section 169.011, subdivision 71. 87.28(b) At the discretion of the commissioner of transportation, sections 574.26 to 87.29574.32 do not apply to any projects of the Department of Transportation (1) costing less 87.30than $75,000 new text begin the amount in section 471.345, subdivision 3 new text end , or (2) involving the permanent 87.31or semipermanent installation of heavy machinery, fixtures, or other capital equipment to 87.32be used primarily for maintenance or repair. 87.33 new text begin (c) Sections 574.26 to 574.32 do not apply to contracts for snow removal, ice new text end 87.34 new text begin removal, grading, or other similar routine road maintenance on town roads. new text end 88.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.2    Sec. 45. Minnesota Statutes 2010, section 574.26, subdivision 2, is amended to read: 88.3    Subd. 2. Terms. Except as provided in sections 574.263 and 574.264 or if the 88.4amount of the contract is $75,000 or less new text begin than the amount in section 471.345, subdivision new text end 88.5 new text begin 3 new text end , a contract with a public body for the doing of any public work is not valid unless the 88.6contractor gives (1) a performance bond to the public body with whom the contractor 88.7entered into the contract, for the use and benefit of the public body to complete the 88.8contract according to its terms, and conditioned on saving the public body harmless from 88.9all costs and charges that may accrue on account of completing the specified work, and 88.10(2) a payment bond for the use and benefit of all persons furnishing labor and materials 88.11engaged under, or to perform the contract, conditioned for the payment, as they become 88.12due, of all just claims for the labor and materials. Reasonable attorneys' fees, costs, and 88.13disbursements may be awarded in an action to enforce claims under the act if the action is 88.14successfully maintained or successfully appealed. 88.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.16    Sec. 46. new text begin VARIANCE; SEAPLANE BASE. new text end 88.17 new text begin The commissioner of transportation shall grant a variance for Elbow Lake new text end 88.18 new text begin Municipal-Pride of the Prairie Airport, airport code Y63, to be licensed as a public new text end 88.19 new text begin seaplane base on Flekkefjord Lake. The commissioner shall establish conditions or new text end 88.20 new text begin limitations as may be necessary. new text end 88.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 88.22    Sec. 47. new text begin PAYNESVILLE AIRPORT. new text end 88.23 new text begin (a) Notwithstanding any law, rule, or agreement to the contrary, the commissioner of new text end 88.24 new text begin transportation may enter into an agreement with the city of Paynesville to allow funds new text end 88.25 new text begin granted by the state to the city for land acquisition purposes for the marked Trunk new text end 88.26 new text begin Highway 23 bypass project to instead be used by June 30, 2015, as the state's share of new text end 88.27 new text begin funds for airport improvements and other aeronautical purposes at the city's airport. new text end 88.28 new text begin (b) Funds not spent pursuant to paragraph (a) by June 30, 2015, must be paid to the new text end 88.29 new text begin commissioner of transportation and deposited in the state airports fund. new text end 88.30    Sec. 48. new text begin ADDITIONS TO REPORTS ON MAJOR HIGHWAY PROJECTS AND new text end 88.31 new text begin TRUNK HIGHWAY FUND EXPENDITURES. new text end 89.1 new text begin For 2013 and 2014 reports required under Minnesota Statutes, section 174.56, the new text end 89.2 new text begin commissioner of transportation shall include the results of evaluations of management new text end 89.3 new text begin systems currently used by the Department of Transportation. The evaluations must specify new text end 89.4 new text begin the extent to which the management of data in these systems is consistent with existing new text end 89.5 new text begin policies and the need for statewide, reliable, and verifiable information. The evaluations new text end 89.6 new text begin must be performed either by the department's office of internal audit or by an independent new text end 89.7 new text begin external auditor. The 2013 report must include the evaluation of construction management new text end 89.8 new text begin systems and the program and project management system. The 2014 report must include new text end 89.9 new text begin the evaluation of pavement management systems and bridge management systems. new text end 89.10    Sec. 49. new text begin LEGISLATIVE REPORT ON SPEED VIOLATIONS ON DRIVING new text end 89.11 new text begin RECORD. new text end 89.12 new text begin By January 15, 2015, the commissioners of transportation and public safety shall new text end 89.13 new text begin jointly submit a report on recording speed limit violations on a person's driver record to the new text end 89.14 new text begin chairs and ranking minority members of the legislative committees with jurisdiction over new text end 89.15 new text begin transportation policy and finance. The report must include analysis based on empirical new text end 89.16 new text begin data of impacts on public safety, frequency of speeding, crash rates, travel time efficiency, new text end 89.17 new text begin travel time reliability, and data privacy that are directly or reasonably attributable to the new text end 89.18 new text begin change to Minnesota Statutes, section 171.12, subdivision 6, made by this act. new text end 89.19    Sec. 50. new text begin REPEALER. new text end 89.20 new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 161.08, subdivision 2; 168.012, subdivision new text end 89.21 new text begin 1b; and 222.48, subdivision 3a, new text end new text begin are repealed. new text end 89.22 new text begin (b) new text end new text begin Minnesota Statutes 2010, section 169A.54, subdivision 5, new text end new text begin is repealed effective new text end 89.23 new text begin July 1, 2012. new text end 89.24    Sec. 51. new text begin EFFECTIVE DATE. new text end 89.25 new text begin Unless otherwise specified, this article is effective August 1, 2012. new text end " 89.26Delete the title and insert: 89.27"A bill for an act 89.28relating to transportation; making appropriations; authorizing the sale and 89.29issuance of state bonds; modifying provisions governing transportation and 89.30public safety policies, including bicycles and bikeways, highways and bridges, 89.31motor vehicles, motor vehicle markings and equipment, traffic regulations, 89.32driver education, driver licensing, driver's license exemptions, DWI violations, 89.33alternative financing for transportation projects, contracting requirements, bus 89.34operations, railroads, motor carriers and commercial drivers, aeronautics and 89.35airports, state aid, traffic regulations and reports, vehicle titles, school buses, 89.36overweight vehicles, fuel tax and motor vehicle sales tax exemptions, and agency 89.37reporting and studies; providing for rulemaking; removing obsolete language; 90.1making technical and clarifying changes; repealing certain provisions;amending 90.2Minnesota Statutes 2010, sections 85.015, by adding a subdivision; 85.018, 90.3subdivisions 2, 4; 160.263, subdivision 2; 161.14, subdivision 66, by adding 90.4subdivisions; 161.3212; 162.02, subdivisions 2, 3; 162.081, subdivision 4; 90.5162.09, subdivisions 2, 3, 4; 162.13, subdivision 1; 162.155; 165.01; 165.03; 90.6168.002, subdivisions 19, 20; 168.012, subdivision 1, by adding a subdivision; 90.7168.013, subdivisions 1e, 3, 12, by adding a subdivision; 168A.03, subdivision 90.81; 168A.07, subdivision 1; 168B.011, subdivision 12; 169.011, subdivisions 4, 90.927, 44, 45; 169.035, subdivision 1, by adding a subdivision; 169.06, subdivisions 90.104, 5, 7; 169.09, subdivision 13; 169.19, subdivision 5; 169.222, subdivisions 90.114, 6, 7, by adding a subdivision; 169.223, subdivisions 1, 5; 169.306; 169.64, 90.12subdivision 2; 169.685, subdivisions 6, 7; 169.72, subdivision 1; 169.85, 90.13subdivision 2; 169.86, subdivisions 1, 4, by adding a subdivision; 169.865, 90.14subdivision 4; 169.872, subdivision 1a; 169.98, subdivisions 1, 3; 169.99, 90.15subdivision 1b; 169A.54, subdivisions 1, 6; 171.01, subdivision 41; 171.03; 90.16171.061, subdivision 4; 171.12, subdivision 6; 171.30, subdivision 1; 171.306, 90.17subdivision 4; 174.02, by adding a subdivision; 174.03, by adding a subdivision; 90.18174.56; 221.0314, subdivision 3a; 221.091, subdivision 2; 222.50, subdivision 90.194; 222.51; 222.53; 222.63, subdivision 9; 296A.07, subdivision 4; 296A.08, 90.20subdivision 3; 297A.68, subdivision 19; 299D.085, subdivision 2, by adding a 90.21subdivision; 299D.09; 473.39, by adding a subdivision; 574.26, subdivisions 90.221a, 2; Minnesota Statutes 2011 Supplement, sections 168.12, subdivision 5; 90.23168.123, subdivision 1; 169.86, subdivision 5; 171.075, subdivision 1; 297B.03; 90.24Laws 2009, chapter 158, section 10; proposing coding for new law in Minnesota 90.25Statutes, chapters 160; 161; 171; 174; repealing Minnesota Statutes 2010, 90.26sections 161.08, subdivision 2; 168.012, subdivision 1b; 169A.54, subdivision 90.275; 222.48, subdivision 3a; Minnesota Rules, parts 8810.9000; 8810.9100; 90.288810.9200; 8810.9300; 8810.9400; 8810.9500; 8810.9600; 8810.9700." 91.1 We request the adoption of this report and repassage of the bill. 91.2 House Conferees: 91.3 ..... ..... 91.4 Michael Beard Mike Benson 91.5 ..... 91.6 Michael V. Nelson 91.7 Senate Conferees: 91.8 ..... ..... 91.9 Joe Gimse D. Scott Dibble 91.10 ..... 91.11 John Sterling Howe