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HF 2205

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 3rd Engrossment

  1.1                          A bill for an act 
  1.2             relating to agriculture; recreation; providing for the 
  1.3             sale of nonoxygenated special recreational fuel; 
  1.4             prescribing penalties; amending Minnesota Statutes 
  1.5             1994, sections 239.05, by adding subdivisions; 
  1.6             239.791, subdivision 1, and by adding subdivisions; 
  1.7             and 239.80, subdivision 2, and by adding a subdivision.
  1.8     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 239.05, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [AIRPORT.] "Airport" has the meaning given it in 
  1.12  section 360.013, subdivision 5. 
  1.13     Sec. 2.  Minnesota Statutes 1994, section 239.05, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 6d.  [COLLECTOR VEHICLE.] "Collector vehicle" means a 
  1.16  motor vehicle for which the commissioner of public safety has 
  1.17  issued a pioneer license, classic car license, collector 
  1.18  license, or street rod license under section 168.10, or a motor 
  1.19  vehicle registered as a collector vehicle in another state. 
  1.20     Sec. 3.  Minnesota Statutes 1994, section 239.05, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 8f.  [MARINA.] "Marina" has the meaning given it in 
  1.23  section 86A.20, subdivision 5. 
  1.24     Sec. 4.  Minnesota Statutes 1994, section 239.05, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 8g.  [MOORING FACILITY.] "Mooring facility" has the 
  2.1   meaning given it in section 86A.20, subdivision 3. 
  2.2      Sec. 5.  Minnesota Statutes 1994, section 239.05, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 9a.  [MOTORCYCLE.] "Motorcycle" has the meaning given 
  2.5   it in section 168.011, subdivision 26. 
  2.6      Sec. 6.  Minnesota Statutes 1994, section 239.05, is 
  2.7   amended by adding a subdivision to read: 
  2.8      Subd. 13b.  [RESORT.] "Resort" has the meaning given it in 
  2.9   section 157.15, subdivision 11. 
  2.10     Sec. 7.  Minnesota Statutes 1994, section 239.05, is 
  2.11  amended by adding a subdivision to read: 
  2.12     Subd. 15a.  [SNOWMOBILE.] "Snowmobile" has the meaning 
  2.13  given it in section 84.81, subdivision 3. 
  2.14     Sec. 8.  Minnesota Statutes 1994, section 239.791, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [MINIMUM OXYGEN CONTENT REQUIRED.] Except 
  2.17  as provided in subdivisions 10 to 12, a person responsible for 
  2.18  the product shall comply with the following requirements: 
  2.19     (a) After October 1, 1993, gasoline sold or offered for 
  2.20  sale in a carbon monoxide control area, and during a carbon 
  2.21  monoxide control period, must contain at least 2.7 percent 
  2.22  oxygen by weight. 
  2.23     (b)  After October 1, 1995, gasoline sold or offered for 
  2.24  sale at any time in a carbon monoxide control area must contain 
  2.25  at least 2.7 percent oxygen by weight. 
  2.26     (c) (b) After October 1, 1997, all gasoline sold or offered 
  2.27  for sale in Minnesota must contain at least 2.7 percent oxygen 
  2.28  by weight. 
  2.29     Sec. 9.  Minnesota Statutes 1994, section 239.791, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 10.  [EXEMPTION FOR AIRPORTS, MARINAS, MOORING 
  2.32  FACILITIES, AND RESORTS.] A person responsible for the product 
  2.33  may offer for sale, sell, or dispense at an airport, marina, 
  2.34  mooring facility, or resort, for use in airplanes or for 
  2.35  purposes listed under subdivision 12, paragraph (a), gasoline 
  2.36  that is not oxygenated in accordance with subdivision 1 if the 
  3.1   gasoline is unleaded premium grade as defined in section 
  3.2   239.751, subdivision 4. 
  3.3      Sec. 10.  Minnesota Statutes 1994, section 239.791, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 11.  [EXEMPTION FOR MOTOR SPORTS RACING.] A person 
  3.6   responsible for the product may offer for sale, sell, or 
  3.7   dispense at a public or private racecourse, gasoline that is not 
  3.8   oxygenated in accordance with subdivision 1 if the gasoline is 
  3.9   intended to be used exclusively as a fuel for off-highway motor 
  3.10  sports racing events. 
  3.11     Sec. 11.  Minnesota Statutes 1994, section 239.791, is 
  3.12  amended by adding a subdivision to read: 
  3.13     Subd. 12.  [EXEMPTION FOR COLLECTOR VEHICLES AND OFF-ROAD 
  3.14  USE.] (a) Except during a carbon monoxide control period in a 
  3.15  carbon monoxide control area, a person responsible for the 
  3.16  product may offer for sale, sell, or dispense at a retail 
  3.17  gasoline station for use in collector vehicles or vehicles 
  3.18  eligible to be licensed as collector vehicles, off-road 
  3.19  vehicles, motorcycles, boats, snowmobiles, or small engines, 
  3.20  gasoline that is not oxygenated in accordance with subdivision 1 
  3.21  if the person meets the conditions in paragraphs (b) to (d).  If 
  3.22  the nonoxygenated gasoline is for use in a small engine, it must 
  3.23  be dispensed into a can with a capacity of six or fewer gallons. 
  3.24     (b) The nonoxygenated gasoline must be unleaded premium 
  3.25  grade as defined in section 239.751, subdivision 4. 
  3.26     (c) No more than one storage tank on the premises of the 
  3.27  retail gasoline station may be used for storage of the 
  3.28  nonoxygenated gasoline offered for sale, sold, or dispensed by 
  3.29  the station. 
  3.30     (d) The pump stands must be posted with a permanent notice 
  3.31  stating: "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR VEHICLES 
  3.32  OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR VEHICLES, 
  3.33  OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR SMALL 
  3.34  ENGINES ONLY." 
  3.35     Sec. 12.  Minnesota Statutes 1994, section 239.80, 
  3.36  subdivision 2, is amended to read: 
  4.1      Subd. 2.  [PENALTY.] A person who fails to comply with any 
  4.2   provision of section 239.10; 239.101, subdivision 3; 239.761; 
  4.3   239.79; 239.791, subdivisions 1 to 11; or 239.792, is guilty of 
  4.4   a misdemeanor. 
  4.5      Sec. 13.  Minnesota Statutes 1994, section 239.80, is 
  4.6   amended by adding a subdivision to read: 
  4.7      Subd. 3.  [NONOXYGENATED GASOLINE PENALTY.] A person who 
  4.8   fails to comply with section 239.791, subdivision 12, paragraph 
  4.9   (b), (c), or (d), is guilty of a misdemeanor. 
  4.10     Sec. 14.  [EFFECTIVE DATE.] 
  4.11     Sections 1 to 13 are effective the day following final 
  4.12  enactment.