HF 1164

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; providing eligibility
criteria for business panels on logo sign panels;
clarifying duty of driver when passing parked
emergency vehicle; authorizing issuance of citation
within four hours after violation; amending Minnesota
Statutes 2004, sections 160.80, subdivision 1a;
169.18, subdivision 11.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 160.80,
subdivision 1a, is amended to read:

Subd. 1a.

Eligibility criteria for business panels.

(a)
To be eligible for a business panel on a logo sign panel, a
business establishment must:

(1) be open for business;

(2) have a sign on site that both identifies the business
and is visible to motorists;

(3) be open to everyone, regardless of race, religion,
color, age, sex, national origin, creed, marital status, sexual
orientation, or disability;

(4) not impose a cover charge or otherwise require
customers to purchase additional products or services; and

(5) meet the appropriate criteria in paragraphs (b) to (e).

(b) Gas businesses must provide vehicle services including
fuel and oil; restroom facilities and drinking water;
continuous, staffed operation at least 12 hours a day, seven
days a week; and public access to a telephone.

(c) Food businesses must serve at least two meals a day
during normal mealtimes of breakfast, lunch, and dinner; provide
a continuous, staffed food service operation at least ten hours
a day, seven days a week except holidays as defined in section
645.44, subdivision 5, and except as provided for seasonal food
service businesses; provide seating capacity for at least 20
people; deleted text begin serve meals prepared on the premises; deleted text end and possess any
required state or local licensing or approval. deleted text begin Reheated,
prepackaged, ready-to-eat food is not "food prepared on the
premises." deleted text end Seasonal food service businesses must provide a
continuous, staffed food service operation at least ten hours a
day, seven days a week, during their months of operation.

(d) Lodging businesses must include sleeping
accommodations, provide public access to a telephone, and
possess any required state or local licensing or approval.

(e) Camping businesses must include sites for camping,
include parking accommodations for each campsite, provide
sanitary facilities and drinking water, and possess any required
state or local licensing or approval.

(f) Businesses that do not meet the appropriate criteria in
paragraphs (b) to (e) but that have a signed lease as of January
1, 1998, may retain the business panel until December 31, 2005,
or until they withdraw from the program, whichever occurs first,
provided they continue to meet the criteria in effect in the
department's contract with the logo sign vendor on August 1,
1995. After December 31, 2005, or after withdrawing from the
program, a business must meet the appropriate criteria in
paragraphs (a) to (e) to qualify for a business panel.

(g) Seasonal businesses must indicate to motorists when
they are open for business by either putting the full months of
operation directly on the business panel or by having a "closed"
plaque applied to the business panel when the business is closed
for the season.

(h) The maximum distance that an eligible business in
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
county can be located from the interchange is: for gas
businesses, one mile; for food businesses, two miles; for
lodging businesses, three miles; and for camping businesses, ten
miles.

(i) The maximum distance that an eligible business in any
other county can be located from the interchange shall not
exceed 15 miles in either direction.

(j) Logo sign panels must be erected so that motorists
approaching an interchange view the panels in the following
order: camping, lodging, food, gas.

(k) If there is insufficient space on a logo sign panel to
display all eligible businesses for a specific type of service,
the businesses closest to the interchange have priority over
businesses farther away from the interchange.

Sec. 2.

Minnesota Statutes 2004, section 169.18,
subdivision 11, is amended to read:

Subd. 11.

Passing parked emergency vehicle new text begin ; citation;
probable cause new text end .

new text begin (a) new text end When approaching and before passing an
authorized emergency vehicle new text begin with its emergency lights activated
new text end that is parked or otherwise stopped on or next to a street or
highway having two deleted text begin or more deleted text end lanes in the same direction, the
driver of a vehicle shall safely move the vehicle to deleted text begin a deleted text end new text begin the new text end lane
new text begin farthest new text end away from the emergency vehicle new text begin , if it is possible to
do so new text end .

new text begin (b) When approaching and before passing an authorized
emergency vehicle with its emergency lights activated that is
parked or otherwise stopped on or next to a street or highway
having more than two lanes in the same direction, the driver of
a vehicle shall safely move the vehicle so as to leave a full
lane vacant between the driver and any lane in which the
emergency vehicle is completely or partially parked or otherwise
stopped, if it is possible to do so.
new text end

new text begin (c) A peace officer may issue a citation to the driver of a
motor vehicle if the peace officer has probable cause to believe
that the driver has operated the vehicle in violation of this
subdivision within the four-hour period following the
termination of the incident or a receipt of a report under
paragraph (d). The citation may be issued even though the
violation was not committed in the presence of the peace officer.
new text end

new text begin (d) Although probable cause may be otherwise satisfied by
other evidentiary elements or factors, probable cause is
sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew
of an authorized emergency vehicle responding to an incident in
a timely report of the violation of this subdivision, which
includes a description of the vehicle used to commit the offense
and the vehicle's license plate number. For the purposes of
issuance of a citation under paragraph (c), "timely" means that
the report must be made within a four-hour period following the
termination of the incident.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment.
new text end