3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; appropriating money for 1.3 the department of transportation and other agencies; 1.4 authorizing certain fees; providing for a maximum 1.5 percentage of the motorcycle safety fund that may be 1.6 spent for certain activities; exempting from 1.7 registration taxes vehicles owned by a commercial 1.8 driving school and used exclusively in driver 1.9 education and training; allowing payment of prorated 1.10 license fee following transfer of vehicle from dealer; 1.11 modifying provisions relating to disability parking 1.12 privileges; abolishing certain credit for vehicle 1.13 registration fee; modifying provisions relating to 1.14 vehicle titles, registrations, and transfers; 1.15 authorizing suspension of a vehicle's registration in 1.16 certain circumstances; requiring a detachable postcard 1.17 to be provided in a vehicle's certificate of title and 1.18 completed; specifically authorizing cities to enact 1.19 ordinances regulating long-term parking; allowing 1.20 certain lighting devices mounted on delivery vehicles; 1.21 providing equipment for deputy registrars; modifying 1.22 driver instruction permit provisions; providing for 1.23 driver training for home school students; reducing 1.24 cost of Minnesota identification card for persons with 1.25 serious and persistent mental illness; changing 1.26 definition of "directional signs"; authorizing siting 1.27 of public safety radio communications towers; 1.28 directing commissioner of transportation to establish 1.29 a southern railway corridor improvement plan; setting 1.30 minimum requirements for local regulation of small 1.31 vehicle passenger service; modifying provisions 1.32 relating to motor carriers; changing percentage of gas 1.33 tax attributed to snowmobiles; regulating advertising 1.34 in department of public safety publications; modifying 1.35 provisions relating to special number plates for 1.36 classic aircraft; requiring report of metropolitan 1.37 radio board; extending existence of metropolitan radio 1.38 board; requiring commissioner of transportation to 1.39 study feasibility of extending Northstar commuter rail 1.40 corridor from St. Cloud to Little Falls; requiring 1.41 commissioner of transportation to study restoration of 1.42 Amtrak rail passenger service; requiring taxi 1.43 regulation study; restricting passenger motor carrier 1.44 service at the international airport; requiring 1.45 commissioner of public safety to make recommendations 1.46 concerning allowable vehicle lighting; requiring 2.1 office of strategic and long-range planning to 2.2 establish state development strategy and report to 2.3 legislature concerning I-94 corridor; authorizing 2.4 commissioner of transportation to contract for the 2.5 public safety radio communication system; modifying 2.6 definitions; making technical and clarifying changes; 2.7 requiring studies and reports; amending Minnesota 2.8 Statutes 1998, sections 121A.36, subdivision 3; 2.9 168.011, subdivision 35; 168.012, subdivision 1; 2.10 168.013, subdivisions 2 and 6; 168.021, subdivision 2; 2.11 168.17; 168.301, subdivisions 3 and 4; 168A.05, 2.12 subdivision 5; 168A.10, subdivisions 1, 2, and 5; 2.13 168A.30, subdivision 2; 169.122, subdivision 5; 2.14 169.345, subdivisions 1, 3, and 4; 169.346, 2.15 subdivision 3, and by adding a subdivision; 169.55, 2.16 subdivision 1; 169.58, by adding a subdivision; 2.17 171.04, subdivision 1; 171.05, subdivisions 1a and 2; 2.18 171.061, subdivision 4; 171.07, subdivision 3; 171.39; 2.19 173.02, subdivision 6; 174.24, subdivision 3b; 174.70; 2.20 174A.02, subdivision 4; 174A.06; 221.011, subdivisions 2.21 15, 37, 38, and by adding subdivisions; 221.021; 2.22 221.022; 221.025; 221.0251; 221.026, subdivision 2; 2.23 221.031, subdivisions 1, 2, 6, and 7; 221.036, 2.24 subdivisions 1 and 3; 221.091; 221.122, subdivision 1; 2.25 221.124; 221.131, subdivision 2; 221.141, subdivision 2.26 1; 221.172, subdivision 10; 221.185, subdivisions 1, 2.27 2, 3, 4, 9, and by adding a subdivision; 221.221, 2.28 subdivision 3; 221.291, subdivision 4; 221.55; 2.29 296A.18, subdivision 3; 299A.01, by adding a 2.30 subdivision; 360.531, subdivision 3; 360.55, 2.31 subdivision 4; 368.01, subdivision 12; 412.221, 2.32 subdivision 20; 458A.06, subdivision 5; 609.671, 2.33 subdivision 5; Laws 1995, chapter 195, article 1, 2.34 section 18; Laws 1997, chapter 159, article 1, 2.35 sections 2, subdivision 7, and 4, subdivision 3; Laws 2.36 1998, chapter 404, section 17, subdivision 3; 2.37 proposing coding for new law in Minnesota Statutes, 2.38 chapters 219; 221; 388; 473; repealing Minnesota 2.39 Statutes 1998, sections 168.011, subdivision 36; 2.40 168.1281; 221.011, subdivisions 7, 9, 20, 21, 32, and 2.41 34; 221.041; 221.051; 221.061; 221.071; 221.081; 2.42 221.121, subdivisions 6b and 6h; 221.172, subdivision 2.43 9; 221.281; 221.85; and 473.3998. 2.44 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.45 ARTICLE 1 2.46 TRANSPORTATION AND OTHER AGENCIES 2.47 APPROPRIATIONS 2.48 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.49 The sums shown in the columns marked "APPROPRIATIONS" are 2.50 appropriated from the general fund, or another named fund, to 2.51 the agencies and for the purposes specified in this act, to be 2.52 available for the fiscal years indicated for each purpose. The 2.53 figures "1999," "2000," and "2001," where used in this act, mean 2.54 that the appropriations listed under them are available for the 2.55 year ending June 30, 1999, June 30, 2000, or June 30, 2001, 2.56 respectively. If the figures are not used, the appropriations 2.57 are available for the year ending June 30, 2000, or June 30, 3.1 2001, respectively. The term "first year" means the year ending 3.2 June 30, 2000, and the term "second year" means the year ending 3.3 June 30, 2001. Appropriations for the year ending June 30, 3.4 1999, are in addition to appropriations made in previous years. 3.5 SUMMARY BY FUND 3.6 2000 2001 TOTAL 3.7 General $ 85,231,000 $ 80,853,000 $166,084,000 3.8 Airports 19,386,000 19,469,000 38,855,000 3.9 C.S.A.H. 365,063,000 366,624,000 731,687,000 3.10 Highway User 15,480,000 15,575,000 31,055,000 3.11 M.S.A.S. 105,549,000 107,394,000 212,943,000 3.12 Special Revenue 947,000 965,000 1,912,000 3.13 Trunk 3.14 Highway 1,044,984,000 1,056,111,000 2,101,095,000 3.15 TOTAL $1,636,640,000 $1,646,991,000 $3,283,631,000 3.16 APPROPRIATIONS 3.17 Available for the Year 3.18 Ending June 30 3.19 2000 2001 3.20 Sec. 2. TRANSPORTATION 3.21 Subdivision 1. Total 3.22 Appropriation $1,468,751,000 $1,482,072,000 3.23 The appropriations in this section are 3.24 from the trunk highway fund, except 3.25 when another fund is named. 3.26 Summary by Fund 3.27 2000 2001 3.28 General 16,515,000 16,385,000 3.29 Airports 19,336,000 19,419,000 3.30 C.S.A.H. 365,063,000 366,624,000 3.31 M.S.A.S. 105,549,000 107,394,000 3.32 Trunk Highway 962,288,000 972,250,000 3.33 The amounts that may be spent from this 3.34 appropriation for each program are 3.35 specified in the following subdivisions. 3.36 Subd. 2. Aeronautics 19,327,000 19,410,000 3.37 Summary by Fund 3.38 Airports 19,266,000 19,349,000 3.39 General 50,000 50,000 3.40 Trunk Highway 11,000 11,000 4.1 Except as otherwise provided, the 4.2 appropriations in this subdivision are 4.3 from the state airports fund. 4.4 The amounts that may be spent from this 4.5 appropriation for each activity are as 4.6 follows: 4.7 (a) Airport Development and Assistance 4.8 2000 2001 4.9 13,948,000 13,948,000 4.10 $12,846,000 the first year and 4.11 $12,846,000 the second year are for 4.12 navigational aids, construction grants, 4.13 and maintenance grants. If the 4.14 appropriation for either year is 4.15 insufficient, the appropriation for the 4.16 other year is available for it. 4.17 These appropriations must be spent in 4.18 accordance with Minnesota Statutes, 4.19 section 360.305, subdivision 4. 4.20 (b) Aviation Support 4.21 5,247,000 5,329,000 4.22 $65,000 the first year and $65,000 the 4.23 second year are for the civil air 4.24 patrol. 4.25 (c) Air Transportation Services 4.26 132,000 133,000 4.27 Summary by Fund 4.28 Airports 71,000 72,000 4.29 General 50,000 50,000 4.30 Trunk Highway 11,000 11,000 4.31 Subd. 3. Transit 16,206,000 16,224,000 4.32 Summary by Fund 4.33 General 15,882,000 15,892,000 4.34 Trunk Highway 324,000 332,000 4.35 The amounts that may be spent from this 4.36 appropriation for each activity are as 4.37 follows: 4.38 (a) Greater Minnesota Transit 4.39 Assistance 4.40 15,406,000 15,406,000 4.41 This appropriation is from the general 4.42 fund. Any unencumbered balance the 4.43 first year does not cancel but is 4.44 available for the second year. Of this 4.45 amount, $405,000 each year does not add 4.46 to the base. 4.47 (b) Transit Administration 5.1 800,000 818,000 5.2 Summary by Fund 5.3 General 476,000 486,000 5.4 Trunk Highway 324,000 332,000 5.5 Subd. 4. Railroads and Waterways 1,623,000 1,565,000 5.6 Summary by Fund 5.7 General 359,000 266,000 5.8 Trunk Highway 1,264,000 1,299,000 5.9 $100,000 the first year is from the 5.10 general fund for the development of the 5.11 southern railway corridor improvement 5.12 plan under article 2, section 34. This 5.13 appropriation may not be added to the 5.14 agency's budget base. 5.15 Subd. 5. Motor Carrier Regulation 2,851,000 2,865,000 5.16 Summary by Fund 5.17 General 116,000 119,000 5.18 Trunk Highway 2,735,000 2,746,000 5.19 $301,000 the first year and $249,000 5.20 the second year from the trunk highway 5.21 fund are for administration of 5.22 passenger carrier registration. 5.23 Subd. 6. Local Roads 470,612,000 474,018,000 5.24 Summary by Fund 5.25 C.S.A.H. 365,063,000 366,624,000 5.26 M.S.A.S. 105,549,000 107,394,000 5.27 The amounts that may be spent from this 5.28 appropriation for each activity are as 5.29 follows: 5.30 (a) County State Aids 5.31 365,063,000 366,624,000 5.32 This appropriation is from the county 5.33 state-aid highway fund and is available 5.34 until spent. 5.35 (b) Municipal State Aids 5.36 105,549,000 107,394,000 5.37 This appropriation is from the 5.38 municipal state-aid street fund and is 5.39 available until spent. 5.40 If an appropriation for either county 5.41 state aids or municipal state aids does 5.42 not exhaust the balance in the fund 5.43 from which it is made in the year for 5.44 which it is made, the commissioner of 5.45 finance, upon request of the 5.46 commissioner of transportation, shall 6.1 notify the chair of the transportation 6.2 finance committee of the house of 6.3 representatives and the chair of the 6.4 transportation budget division of the 6.5 senate of the amount of the remainder 6.6 and shall then add that amount to the 6.7 appropriation. The amount added is 6.8 appropriated for the purposes of county 6.9 state aids or municipal state aids, as 6.10 appropriate. 6.11 The commissioner shall study and 6.12 determine the extent to which local 6.13 bridge needs that may be addressed by 6.14 state grants for the construction and 6.15 reconstruction of local bridges would 6.16 be affected by making the following 6.17 changes in eligibility for those grants: 6.18 (1) allowing grants to be used for the 6.19 costs of flood-related erosion 6.20 protection; 6.21 (2) allowing grants to be used for 6.22 construction of water-retention 6.23 projects where such a project is more 6.24 cost efficient than replacement of an 6.25 existing bridge; 6.26 (3) allowing grants to be made for 6.27 bridges that are functionally obsolete; 6.28 and 6.29 (4) allowing grants to be used for 6.30 construction of bridges on new 6.31 alignments. 6.32 The commissioner shall report to the 6.33 legislature on the results of the study 6.34 by February 1, 2000. 6.35 Subd. 7. State Roads 912,625,000 923,769,000 6.36 Summary by Fund 6.37 General 59,000 9,000 6.38 Trunk Highway 912,566,000 923,760,000 6.39 The amounts that may be spent from this 6.40 appropriation for each activity are as 6.41 follows: 6.42 (a) State Road Construction 6.43 516,684,000 521,707,000 6.44 It is estimated that these 6.45 appropriations will be funded as 6.46 follows: 6.47 Federal Highway Aid 6.48 275,000,000 275,000,000 6.49 Highway User Taxes 6.50 241,684,000 246,707,000 6.51 The commissioner of transportation 6.52 shall notify the chair of the 7.1 transportation budget division of the 7.2 senate and chair of the transportation 7.3 finance committee of the house of 7.4 representatives quarterly of any events 7.5 that should cause these estimates to 7.6 change. 7.7 This appropriation is for the actual 7.8 construction, reconstruction, and 7.9 improvement of trunk highways. This 7.10 includes the cost of actual payment to 7.11 landowners for lands acquired for 7.12 highway rights-of-way, payment to 7.13 lessees, interest subsidies, and 7.14 relocation expenses. 7.15 The commissioner may transfer up to 7.16 $15,000,000 each year to the trunk 7.17 highway revolving loan account. 7.18 The commissioner may receive money 7.19 covering other shares of the cost of 7.20 partnership projects. These receipts 7.21 are appropriated to the commissioner 7.22 for these projects. 7.23 (b) Highway Debt Service 7.24 13,949,000 13,175,000 7.25 $3,949,000 the first year and 7.26 $3,175,000 the second year are for 7.27 transfer to the state bond fund. 7.28 If this appropriation is insufficient 7.29 to make all transfers required in the 7.30 year for which it is made, the 7.31 commissioner of finance shall notify 7.32 the committee on state government 7.33 finance of the senate and the committee 7.34 on ways and means of the house of 7.35 representatives of the amount of the 7.36 deficiency and shall then transfer that 7.37 amount under the statutory open 7.38 appropriation. 7.39 Any excess appropriation must be 7.40 canceled to the trunk highway fund. 7.41 (c) Research and Investment Management 7.42 12,450,000 12,597,000 7.43 $600,000 the first year and $600,000 7.44 the second year are available for 7.45 grants for transportation studies 7.46 outside the metropolitan area to 7.47 identify critical concerns, problems, 7.48 and issues. These grants are available 7.49 to (1) regional development 7.50 commissions, and (2) in regions where 7.51 no regional development commission is 7.52 functioning, joint powers boards 7.53 established under agreement of two or 7.54 more political subdivisions in the 7.55 region to exercise the planning 7.56 functions of a regional development 7.57 commission, and (3) in regions where no 7.58 regional development commission or 7.59 joint powers board is functioning, the 7.60 department's district office for that 8.1 region. 8.2 $216,000 the first year and $216,000 8.3 the second year are available for 8.4 grants to metropolitan planning 8.5 organizations outside the seven-county 8.6 metropolitan area. 8.7 $75,000 the first year and $25,000 the 8.8 second year are for transportation 8.9 planning relating to the 2000 census. 8.10 This appropriation may not be added to 8.11 the agency's budget base. 8.12 $75,000 the first year and $75,000 the 8.13 second year are for a transportation 8.14 research contingent account to finance 8.15 research projects that are reimbursable 8.16 from the federal government or from 8.17 other sources. If the appropriation 8.18 for either year is insufficient, the 8.19 appropriation for the other year is 8.20 available for it. 8.21 (d) Central Engineering Services 8.22 68,563,000 70,940,000 8.23 (e) Design and Construction Engineering 8.24 80,592,000 83,246,000 8.25 $1,000,000 the first year and $500,000 8.26 the second year are for transportation 8.27 planning relating to the 2000 census. 8.28 This appropriation may not be added to 8.29 the agency's budget base. 8.30 (f) State Road Operations 8.31 214,703,000 216,561,000 8.32 $1,000,000 each year are for 8.33 enhancements to the freeway operations 8.34 program in the metropolitan area. 8.35 $1,000,000 the first year and 8.36 $1,000,000 the second year are for 8.37 maintenance services including rest 8.38 area maintenance, vehicle insurance, 8.39 ditch assessments, and tort claims. 8.40 $3,000,000 the first year and 8.41 $3,000,000 the second year are from the 8.42 trunk highway fund for additional line 8.43 personnel and related equipment and 8.44 supplies in highway maintenance and 8.45 program delivery, based upon an 8.46 agreement between the department and 8.47 the exclusive bargaining representative 8.48 concerning the distribution of 8.49 additional line positions among program 8.50 delivery and maintenance in 8.51 metropolitan and nonmetropolitan 8.52 districts. The agreement must be 8.53 presented to the chairs of the house 8.54 and senate transportation committees 8.55 before these funds can be expended. If 8.56 an agreement is not reached before 8.57 October 1, 1999, these appropriations 8.58 cancel. 9.1 $3,000,000 the first year and 9.2 $1,000,000 the second year are for 9.3 improved highway striping. 9.4 $500,000 the first year and $500,000 9.5 the second year are for safety 9.6 technology applications. 9.7 $150,000 the first year and $150,000 9.8 the second year are for statewide asset 9.9 preservation and repair. 9.10 $750,000 the first year and $750,000 9.11 the second year are for the 9.12 implementation of the transportation 9.13 worker concept. 9.14 The commissioner shall establish a task 9.15 force to study seasonal road 9.16 restrictions and report to the 9.17 legislature its findings and any 9.18 recommendations for legislative 9.19 action. The commissioner shall appoint 9.20 members representing: 9.21 (1) aggregate and ready-mix producers; 9.22 (2) solid waste haulers; 9.23 (3) liquid waste haulers; 9.24 (4) the logging industry; 9.25 (5) the construction industry; and 9.26 (6) agricultural interests. 9.27 The task force shall report to the 9.28 legislature by February 1, 2000, on its 9.29 findings and recommendations. 9.30 (g) Electronic Communications 9.31 5,684,000 5,543,000 9.32 Summary by Fund 9.33 General 59,000 9,000 9.34 Trunk Highway 5,625,000 5,534,000 9.35 $9,000 the first year and $9,000 the 9.36 second year are from the general fund 9.37 for equipment and operation of the 9.38 Roosevelt signal tower for Lake of the 9.39 Woods weather broadcasting. 9.40 $50,000 the first year from the general 9.41 fund is for purchase of equipment for 9.42 the 800 MHz public safety radio system. 9.43 $200,000 the first year is from the 9.44 trunk highway fund for costs resulting 9.45 from the termination of agreements made 9.46 under article 2, sections 31 and 89. 9.47 This appropriation does not cancel but 9.48 is available until spent. 9.49 In each year of the biennium the 9.50 commissioner shall request the 9.51 commissioner of administration to 10.1 request bids for the purchase of 10.2 digital mobile and portable radios to 10.3 be used on the metropolitan regional 10.4 public safety radio communications 10.5 system. 10.6 Subd. 8. General Support 41,731,000 40,446,000 10.7 Summary by Fund 10.8 General 49,000 49,000 10.9 Airports 70,000 70,000 10.10 Trunk Highway 41,612,000 40,327,000 10.11 The amounts that may be spent from this 10.12 appropriation for each activity are as 10.13 follows: 10.14 (a) General Management 10.15 28,523,000 29,181,000 10.16 The commissioner shall implement at the 10.17 earliest feasible date the 10.18 commissioner's technical memorandum no. 10.19 99-14-TS-02, outlining the process to 10.20 convert plans, specifications, and 10.21 estimates to the English system of 10.22 measurement. The commissioner shall 10.23 report by January 15, 2000, to the 10.24 chairs of the house and senate 10.25 committees on transportation policy and 10.26 transportation finance on the status 10.27 and schedule of English measurement 10.28 conversion. 10.29 (b) General Services 10.30 13,208,000 11,265,000 10.31 Summary by Fund 10.32 General 49,000 49,000 10.33 Airports 70,000 70,000 10.34 Trunk Highway 13,089,000 11,146,000 10.35 If the appropriation for either year is 10.36 insufficient, the appropriation for the 10.37 other year is available for it. 10.38 $2,500,000 the first year and $500,000 10.39 the second year are from the trunk 10.40 highway fund for implementation of the 10.41 department's plan for shared 10.42 information resources. 10.43 Subd. 9. Buildings 3,776,000 3,775,000 10.44 If the appropriation for either year is 10.45 insufficient, the appropriation for the 10.46 other year is available for it. 10.47 Subd. 10. Transfers 10.48 (a) The commissioner of transportation 10.49 with the approval of the commissioner 10.50 of finance may transfer unencumbered 11.1 balances among the appropriations from 11.2 the trunk highway fund and the state 11.3 airports fund made in this section. No 11.4 transfer may be made from the 11.5 appropriation for state road 11.6 construction. No transfer may be made 11.7 from the appropriations for debt 11.8 service to any other appropriation. 11.9 Transfers under this paragraph may not 11.10 be made between funds. Transfers must 11.11 be reported immediately to the chair of 11.12 the transportation budget division of 11.13 the senate and the chair of the 11.14 transportation finance committee of the 11.15 house of representatives. 11.16 (b) The commissioner of finance shall 11.17 transfer from the flexible account in 11.18 the county state-aid highway fund 11.19 $4,400,000 the first year and 11.20 $4,500,000 the second year to the 11.21 municipal turnback account in the 11.22 municipal state-aid street fund, 11.23 $5,000,000 in the second year to the 11.24 trunk highway fund, and the remainder 11.25 in each year to the county turnback 11.26 account in the county state-aid highway 11.27 fund. 11.28 Subd. 11. Use of State Road 11.29 Construction Appropriations 11.30 Any money appropriated to the 11.31 commissioner of transportation for 11.32 state road construction for any fiscal 11.33 year before fiscal year 2000 is 11.34 available to the commissioner during 11.35 fiscal years 2000 and 2001 to the 11.36 extent that the commissioner spends the 11.37 money on the state road construction 11.38 project for which the money was 11.39 originally encumbered during the fiscal 11.40 year for which it was appropriated. 11.41 The commissioner of transportation 11.42 shall report to the commissioner of 11.43 finance by August 1, 2000, and August 11.44 1, 2001, on a form the commissioner of 11.45 finance provides, on expenditures made 11.46 during the previous fiscal year that 11.47 are authorized by this subdivision. 11.48 Subd. 12. Contingent Appropriation 11.49 The commissioner of transportation, 11.50 with the approval of the governor after 11.51 consultation with the legislative 11.52 advisory commission under Minnesota 11.53 Statutes, section 3.30, may transfer 11.54 all or part of the unappropriated 11.55 balance in the trunk highway fund to an 11.56 appropriation (1) for trunk highway 11.57 design, construction, or inspection in 11.58 order to take advantage of an 11.59 unanticipated receipt of income to the 11.60 trunk highway fund, (2) for trunk 11.61 highway maintenance in order to meet an 11.62 emergency, or (3) to pay tort or 11.63 environmental claims. The amount 11.64 transferred is appropriated for the 11.65 purpose of the account to which it is 12.1 transferred. 12.2 Sec. 3. METROPOLITAN COUNCIL 12.3 TRANSIT 56,801,000 53,101,000 12.4 The council may not spend more than 12.5 $38,100,000 for metro mobility in the 12.6 2000-2001 biennium except for proceeds 12.7 from bond sales when use of those 12.8 proceeds for metro mobility capital 12.9 expenditures is authorized by law. 12.10 Sec. 4. PUBLIC SAFETY 12.11 Subdivision 1. Total 12.12 Appropriation 110,046,000 110,776,000 12.13 Summary by Fund 12.14 2000 2001 12.15 General 11,915,000 11,367,000 12.16 Trunk 12.17 Highway 81,829,000 82,994,000 12.18 Highway User 15,355,000 15,450,000 12.19 Special 12.20 Revenue 947,000 965,000 12.21 Subd. 2. Administration 12.22 and Related Services 12,740,000 12,976,000 12.23 Summary by Fund 12.24 General 4,478,000 4,555,000 12.25 Trunk Highway 6,877,000 7,036,000 12.26 Highway User 1,385,000 1,385,000 12.27 (a) Office of Communications 12.28 374,000 382,000 12.29 Summary by Fund 12.30 General 20,000 20,000 12.31 Trunk Highway 354,000 362,000 12.32 (b) Public Safety Support 12.33 7,653,000 7,811,000 12.34 Summary by Fund 12.35 General 3,014,000 3,085,000 12.36 Trunk Highway 3,273,000 3,360,000 12.37 Highway User 1,366,000 1,366,000 12.38 $326,000 the first year and $326,000 12.39 the second year are for payment of 12.40 public safety officer survivor benefits 12.41 under Minnesota Statutes, section 12.42 299A.44. If the appropriation for 12.43 either year is insufficient, the 12.44 appropriation for the other year is 13.1 available for it. 13.2 $244,000 the first year and $314,000 13.3 the second year are to be deposited in 13.4 the public safety officer's benefit 13.5 account. This money is available for 13.6 reimbursements under Minnesota 13.7 Statutes, section 299A.465. 13.8 $508,000 the first year and $508,000 13.9 the second year are for soft body armor 13.10 reimbursements under Minnesota 13.11 Statutes, section 299A.38. 13.12 $1,830,000 the first year and 13.13 $1,830,000 the second year are 13.14 appropriated from the general fund for 13.15 transfer by the commissioner of finance 13.16 to the trunk highway fund on December 13.17 31, 1999, and December 31, 2000, 13.18 respectively, in order to reimburse the 13.19 trunk highway fund for expenses not 13.20 related to the fund. These represent 13.21 amounts appropriated out of the trunk 13.22 highway fund for general fund purposes 13.23 in the administration and related 13.24 services program. 13.25 $610,000 the first year and $610,000 13.26 the second year are appropriated from 13.27 the highway user tax distribution fund 13.28 for transfer by the commissioner of 13.29 finance to the trunk highway fund on 13.30 December 31, 1999, and December 31, 13.31 2000, respectively, in order to 13.32 reimburse the trunk highway fund for 13.33 expenses not related to the fund. 13.34 These represent amounts appropriated 13.35 out of the trunk highway fund for 13.36 highway user tax distribution fund 13.37 purposes in the administration and 13.38 related services program. 13.39 $716,000 the first year and $716,000 13.40 the second year are appropriated from 13.41 the highway user tax distribution fund 13.42 for transfer by the commissioner of 13.43 finance to the general fund on December 13.44 31, 1999, and December 31, 2000, 13.45 respectively, in order to reimburse the 13.46 general fund for expenses not related 13.47 to the fund. These represent amounts 13.48 appropriated out of the general fund 13.49 for operation of the criminal justice 13.50 data network related to driver and 13.51 motor vehicle licensing. 13.52 (c) Technical Support Services 13.53 4,713,000 4,783,000 13.54 Summary by Fund 13.55 General 1,444,000 1,450,000 13.56 Trunk Highway 3,250,000 3,314,000 13.57 Highway User 19,000 19,000 13.58 Subd. 3. State Patrol 57,378,000 57,311,000 14.1 Summary by Fund 14.2 2000 2001 14.3 General 3,499,000 2,675,000 14.4 Trunk Highway 53,788,000 54,544,000 14.5 Highway User 91,000 92,000 14.6 (a) Patrolling Highways 14.7 47,028,000 46,804,000 14.8 Summary by Fund 14.9 General 835,000 -0- 14.10 Trunk Highway 46,193,000 46,804,000 14.11 $835,000 from the general fund the 14.12 first year is for replacement of a 14.13 state patrol helicopter. This 14.14 appropriation may not be added to the 14.15 agency's budget base. 14.16 $735,000 the first year is for annual 14.17 hiring of trooper candidates and 14.18 operation of the state patrol 14.19 entry-level recruit training academy. 14.20 This appropriation may not be added to 14.21 the agency's budget base. 14.22 (b) Commercial Vehicle Enforcement 14.23 6,013,000 6,117,000 14.24 This appropriation is from the trunk 14.25 highway fund. 14.26 (c) Capitol Security 14.27 2,627,000 2,638,000 14.28 This appropriation is from the general 14.29 fund. 14.30 $275,000 the first year and $217,000 14.31 the second year from the general fund 14.32 are for capitol security personnel for 14.33 the protection of elected state 14.34 officials. 14.35 (d) State Patrol Support 14.36 1,710,000 1,752,000 14.37 Summary by Fund 14.38 General 37,000 37,000 14.39 Trunk Highway 1,582,000 1,623,000 14.40 Highway User 91,000 92,000 14.41 Subd. 4. Driver and 14.42 Vehicle Services 38,677,000 39,214,000 14.43 Summary by Fund 14.44 2000 2001 15.1 General 3,938,000 4,137,000 15.2 Trunk Highway 20,860,000 21,104,000 15.3 Highway User 13,879,000 13,973,000 15.4 (a) Vehicle Registration 15.5 and Title 15.6 15,269,000 15,510,000 15.7 Summary by Fund 15.8 General 3,291,000 3,473,000 15.9 Highway User 11,978,000 12,037,000 15.10 $45,000 the first year is from the 15.11 highway user tax distribution fund for 15.12 purchase of an optical scanner. This 15.13 appropriation may not be added to the 15.14 agency's budget base. 15.15 $548,000 the first year and $415,000 15.16 the second year are from the highway 15.17 user tax distribution fund for 15.18 increased vehicle license plate costs. 15.19 $98,000 the first year is from the 15.20 highway user tax distribution fund for 15.21 computer programming related to 15.22 disabled parking records management and 15.23 enforcement. This amount may not be 15.24 added to the agency's budget base. 15.25 $33,000 the first year and $127,000 the 15.26 second year are from the general fund 15.27 for implementation of the vehicle 15.28 transfer reporting system under article 15.29 2, sections 10 and 11. 15.30 (b) Interstate Registration 15.31 and Reciprocity 15.32 1,584,000 1,613,000 15.33 This appropriation is from the highway 15.34 user tax distribution fund. 15.35 (c) Licensing Drivers 15.36 21,176,000 21,429,000 15.37 Summary by Fund 15.38 General 635,000 652,000 15.39 Trunk Highway 20,464,000 20,699,000 15.40 Highway User 77,000 78,000 15.41 $1,095,000 the first year and $800,000 15.42 the second year are from the trunk 15.43 highway fund for improved driver 15.44 testing services. 15.45 (d) Driver and Vehicle Services 15.46 Support 15.47 648,000 662,000 16.1 Summary by Fund 16.2 General 12,000 12,000 16.3 Trunk Highway 396,000 405,000 16.4 Highway User 240,000 245,000 16.5 Subd. 5. Traffic Safety 304,000 310,000 16.6 This appropriation is from the trunk 16.7 highway fund. 16.8 Subd. 6. Pipeline Safety 947,000 965,000 16.9 This appropriation is from the pipeline 16.10 safety account in the special revenue 16.11 fund. 16.12 Sec. 5. MINNESOTA SAFETY COUNCIL 67,000 67,000 16.13 This appropriation is from the trunk 16.14 highway fund. 16.15 Sec. 6. GENERAL CONTINGENT 16.16 ACCOUNTS 375,000 375,000 16.17 The appropriations in this section may 16.18 only be spent with the approval of the 16.19 governor after consultation with the 16.20 legislative advisory commission 16.21 pursuant to Minnesota Statutes, section 16.22 3.30. 16.23 If an appropriation in this section for 16.24 either year is insufficient, the 16.25 appropriation for the other year is 16.26 available for it. 16.27 Summary by Fund 16.28 Trunk Highway 200,000 200,000 16.29 Highway User 125,000 125,000 16.30 Airports 50,000 50,000 16.31 Sec. 7. TORT CLAIMS 600,000 600,000 16.32 To be spent by the commissioner of 16.33 finance. 16.34 This appropriation is from the trunk 16.35 highway fund. 16.36 If the appropriation for either year is 16.37 insufficient, the appropriation for the 16.38 other year is available for it. 16.39 Sec. 8. Laws 1997, chapter 159, article 1, section 2, 16.40 subdivision 7, is amended to read: 16.41 Subd. 7. State Roads 9,000,000 807,314,000 817,712,000 16.42 Summary by Fund 16.43 1997 1998 1999 16.44 General 109,000 109,000 17.1 Trunk Highway 9,000,000 807,205,000 817,603,000 17.2 The amounts that may be spent from this 17.3 appropriation for each activity are as 17.4 follows: 17.5 (a) State Road Construction 17.6 9,000,000 445,822,000 445,838,000 17.7 It is estimated that these 17.8 appropriations will be funded as 17.9 follows: 17.10 Federal Highway Aid 17.11 225,000,000 225,000,000 17.12 Highway User Taxes 17.13 220,822,000 220,838,000 17.14 The commissioner of transportation 17.15 shall notify the chair of the 17.16 transportation budget division of the 17.17 senate and chair of the transportation 17.18
budget divisionfinance committee of 17.19 the house of representatives quarterly 17.20 of any events that should cause these 17.21 estimates to change. 17.22 This appropriation is for the actual 17.23 construction, reconstruction, and 17.24 improvement of trunk highways. This 17.25 includes the cost of actual payment to 17.26 landowners for lands acquired for 17.27 highway rights-of-way, payment to 17.28 lessees, interest subsidies, and 17.29 relocation expenses. 17.30 The appropriation for fiscal year 1997 17.31 is for state road construction and is 17.32 added to the appropriations in Laws 17.33 1995, chapter 265, article 2, section 17.34 2, subdivision 7, clause (a). The 17.35 commissioner, with the approval of the 17.36 commissioner of finance, may spend up 17.37 to $7,100,000 of this appropriation for 17.38 state road operations for flood relief 17.39 efforts. 17.40 Of this appropriation, up to 17.41 $15,000,000 the first year and up to 17.42 $15,000,000 the second year may be 17.43 transferred by the commissioner to the 17.44 trunk highway revolving loan account if 17.45 this account is created in the trunk 17.46 highway fund. 17.47 The commissioner of transportation may 17.48 receive money covering other shares of 17.49 the cost of partnership projects. 17.50 These receipts are appropriated to the 17.51 commissioner for these projects. 17.52 Before proceeding with a project, or a 17.53 series of projects on a single highway, 17.54 with a cost exceeding $10,000,000, the 17.55 commissioner shall consider the 17.56 feasibility of alternative means of 17.57 financing the project or series of 18.1 projects, including but not limited to 18.2 congestion pricing, tolls, mileage 18.3 pricing, and public-private partnership. 18.4 (b) Highway Debt Service 18.5 15,161,000 13,539,000 18.6 $5,951,000 the first year and 18.7 $5,403,000 the second year are for 18.8 transfer to the state bond fund. 18.9 If this appropriation is insufficient 18.10 to make all transfers required in the 18.11 year for which it is made, the 18.12 commissioner of finance shall notify 18.13 the committee on state government 18.14 finance of the senate and the committee 18.15 on ways and means of the house of 18.16 representatives of the amount of the 18.17 deficiency and shall then transfer that 18.18 amount under the statutory open 18.19 appropriation. 18.20 Any excess appropriation must be 18.21 canceled to the trunk highway fund. 18.22 (c) Research and Investment Management 18.23 11,606,000 11,791,000 18.24 $600,000 the first year and $600,000 18.25 the second year are available for 18.26 grants for transportation studies 18.27 outside the metropolitan area for 18.28 transportation studies to identify 18.29 critical concerns, problems, and 18.30 issues. These grants are available to 18.31 (1) regional development commissions, 18.32 and (2) in regions where no regional 18.33 development commission is functioning, 18.34 joint-powers boards established under 18.35 agreement of two or more political 18.36 subdivisions in the region to exercise 18.37 the planning functions of a regional 18.38 development commission, and (3) in 18.39 regions where no regional development 18.40 commission or joint powers board is 18.41 functioning, the department's district 18.42 office for that region. 18.43 $216,000 the first year and $216,000 18.44 the second year are available for 18.45 grants to metropolitan planning 18.46 organizations outside the seven-county 18.47 metropolitan area. 18.48 $154,000 the first year and $181,000 18.49 the second year are for development of 18.50 an upgraded transportation information 18.51 system for making investment decisions. 18.52 $75,000 the first year and $75,000 the 18.53 second year are for a transportation 18.54 research contingent account to finance 18.55 research projects that are reimbursable 18.56 from the federal government or from 18.57 other sources. If the appropriation 18.58 for either year is insufficient, the 18.59 appropriation for the other year is 18.60 available for it. 19.1 (d) Central Engineering Services 19.2 56,593,000 57,384,000 19.3 Of these appropriations, $2,190,000 the 19.4 first year and $2,190,000 the second 19.5 year are for scientific equipment. If 19.6 the appropriation for either year is 19.7 insufficient, the appropriation for the 19.8 other year is available for it. 19.9 (e) Design and Construction Engineering 19.10 69,445,000 70,879,000 19.11 (f) State Road Operations 19.12 202,431,000 205,503,000 19.13 Summary by Fund 19.14 General 100,000 100,000 19.15 Trunk Highway 202,331,000 205,403,000 19.16 $11,689,000 the first year and 19.17 $11,689,000 the second year are for 19.18 road equipment. If the appropriation 19.19 for either year is insufficient, the 19.20 appropriation for the other year is 19.21 available for it. 19.22 $805,000 each year is for the Orion 19.23 intelligent transportation system 19.24 research project. 19.25 $100,000 the first year and $100,000 19.26 the second year are from the general 19.27 fund for grants to the Minnesota 19.28 highway safety center at St. Cloud 19.29 State University for driver education. 19.30 (g) Electronic Communications 19.31 6,256,000 12,778,000 19.32 Summary by Fund 19.33 General 9,000 9,000 19.34 Trunk Highway 6,247,000 12,769,000 19.35 $9,000 the first year and $9,000 the 19.36 second year are from the general fund 19.37 for equipment and operation of the 19.38 Roosevelt signal tower for Lake of the 19.39 Woods weather broadcasting. 19.40 $1,730,000 the first year and 19.41 $8,170,000 the second year are for the 19.42 purchase of ancillary equipment for the 19.43 800 MHz system and for personnel 19.44 necessary to develop, install, and 19.45 operate the system. This appropriation 19.46 does not cancel but is available until 19.47 spent. 19.48 Sec. 9. Laws 1997, chapter 159, article 1, section 4, 19.49 subdivision 3, is amended to read: 20.1 Subd. 3. State Patrol 226,000 51,215,000 51,717,000 20.2 Summary by Fund 20.3 1997 1998 1999 20.4 General 226,000 2,058,000 2,181,000 20.5 Trunk Highway 49,067,000 49,446,000 20.6 Highway User 90,000 90,000 20.7 The commissioner of finance shall 20.8 reduce the appropriations for the 20.9 division of state patrol from the trunk 20.10 highway fund and general fund as 20.11 necessary to reflect legislation 20.12 enacted in 1997 that (1) reduces state 20.13 contributions for pensions for 20.14 employees under the division of state 20.15 patrol from the trunk highway fund or 20.16 general fund, or (2) provides money for 20.17 those pensions from police state aid. 20.18 Of the appropriation for fiscal year 20.19 1997, $76,000 is for transfer to the 20.20 trunk highway fund and $150,000 is to 20.21 reimburse the state patrol for general 20.22 fund expenditures to cover the costs of 20.23 deploying state patrol troopers to the 20.24 city of Minneapolis to assist the city 20.25 in combating violent crime. 20.26 $600,000 the first year and $1,200,000 20.27 the second year from the trunk highway 20.28 fund are to implement wage increases 20.29 for state patrol troopers, trooper 1s, 20.30 and corporals. The wage adjustments 20.31 are based on an internal Hay study 20.32 conducted by the department of employee 20.33 relations. 20.34 $1,675,000 the first year and $424,000 20.35 the second year from the trunk highway 20.36 fund and $93,000 the first year and 20.37 $22,000 the second year from the 20.38 general fund are for the development 20.39 and operational costs of computer-aided 20.40 dispatching, records management, and 20.41 station office automation systems. 20.42 $78,000 the first year and $78,000 the 20.43 second year from the general fund are 20.44 for additional capitol complex security 20.45 positions. 20.46 The commissioner of public safety shall 20.47 identify and implement measures to 20.48 increase the representation of females 20.49 and minorities in the state patrol so 20.50 that the trooper population more 20.51 accurately reflects the population 20.52 served by the state patrol. These 20.53 measures must include: 20.54 (1) evaluation of hiring and training 20.55 programs to identify and eliminate any 20.56 biases against underutilized, protected 20.57 groups; 20.58 (2) expansion of outreach programs to 21.1 high schools to include informational 21.2 presentations on law enforcement 21.3 careers and law enforcement degree 21.4 programs; 21.5 (3) intensification of recruitment 21.6 efforts toward qualified members of 21.7 protected groups; 21.8 (4) provision of guidance and support 21.9 to students in law enforcement degree 21.10 programs; 21.11 (5) publication of employment 21.12 opportunities in newspapers with 21.13 substantial readership among protected 21.14 groups; and 21.15 (6) development of other innovative 21.16 ways to promote awareness, acceptance, 21.17 and appreciation for diversity and 21.18 affirmative action in the state patrol. 21.19 The commissioner shall report to the 21.20 senate transportation committee and the 21.21 house of representatives transportation 21.22 and transit committee by January 30, 21.23 1998, on the measures implemented, 21.24 results achieved, progress made in 21.25 reaching affirmative action goals, and 21.26 recommendations for future action. 21.27 When an otherwise qualified candidate 21.28 does not have the educational credits 21.29 to meet the current peace officer 21.30 standards and training board licensing 21.31 standards, the commissioner may provide 21.32 the financial resources to obtain the 21.33 education necessary to meet the 21.34 licensing requirements. Of this 21.35 appropriation, $150,000 the second year 21.36 from the general fund is for assistance 21.37 to these otherwise qualified 21.38 individuals to prepare them for the 21.39 trooper candidate school beginning in21.40 January 1999. This appropriation does 21.41 not cancel but is available until spent. 21.42 ARTICLE 2 21.43 TRANSPORTATION DEVELOPMENT 21.44 Section 1. Minnesota Statutes 1998, section 121A.36, 21.45 subdivision 3, is amended to read: 21.46 Subd. 3. [APPROPRIATION.] (a) All funds in the motorcycle 21.47 safety fund created by section 171.06, subdivision 2a, are 21.48 hereby annually appropriated to the commissioner of public 21.49 safety to carry out the purposes of subdivisions 1 and 2. The 21.50 commissioner of public safety may make grants from the fund to 21.51 the commissioner of children, families, and learning at such 21.52 times and in such amounts as the commissioner deems necessary to 21.53 carry out the purposes of subdivisions 1 and 2. 22.1 (b) Of the money appropriated under paragraph (a): 22.2 (1) In each of fiscal years 1997, 1998, and 1999, not more22.3 than $25,000, and in subsequent yearsnot more than five 22.4 percent ,shall be expended to defray the administrative costs of 22.5 carrying out the purposes of subdivisions 1 and 2 .; and 22.6 (2) In each of fiscal years 1997, 1998, and 1999,not more 22.7 than 65 percent , and in subsequent years not more than 6022.8 percent,shall be expended for the combined purpose of training 22.9 and coordinating the activities of motorcycle safety instructors 22.10 and making reimbursements to schools and other approved 22.11 organizations. 22.12 Sec. 2. Minnesota Statutes 1998, section 168.011, 22.13 subdivision 35, is amended to read: 22.14 Subd. 35. [LIMOUSINE.] For purposes of motor vehicle22.15 registration only,"Limousine" means an unmarkeda luxury 22.16 passenger automobile that is not a van or station wagon and has 22.17 a seating capacity of not more than 12 persons, excluding the 22.18 driver. 22.19 Sec. 3. Minnesota Statutes 1998, section 168.012, 22.20 subdivision 1, is amended to read: 22.21 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 22.22 FEES.] (a) The following vehicles are exempt from the provisions 22.23 of this chapter requiring payment of tax and registration fees, 22.24 except as provided in subdivision 1c: 22.25 (1) vehicles owned and used solely in the transaction of 22.26 official business by the federal government, the state, or any 22.27 political subdivision; 22.28 (2) vehicles owned and used exclusively by educational 22.29 institutions and used solely in the transportation of pupils to 22.30 and from such institutions; 22.31 (3) vehicles used solely in driver education programs at 22.32 nonpublic high schools; 22.33 (4) vehicles owned by nonprofit charities and used 22.34 exclusively to transport disabled persons for educational 22.35 purposes; 22.36 (5) vehicles owned and used by honorary consul; and23.1 (6) ambulances owned by ambulance services licensed under 23.2 section 144E.10, the general appearance of which is 23.3 unmistakable; and 23.4 (7) vehicles owned by a commercial driving school licensed 23.5 under section 171.34 and used exclusively for driver education 23.6 and training. 23.7 (b) Vehicles owned by the federal government, municipal 23.8 fire apparatus including fire suppression support vehicles, 23.9 police patrols and ambulances, the general appearance of which 23.10 is unmistakable, shall not be required to register or display 23.11 number plates. 23.12 (c) Unmarked vehicles used in general police work, liquor 23.13 investigations, arson investigations, and passenger automobiles, 23.14 pickup trucks, and buses owned or operated by the department of 23.15 corrections shall be registered and shall display appropriate 23.16 license number plates which shall be furnished by the registrar 23.17 at cost. Original and renewal applications for these license 23.18 plates authorized for use in general police work and for use by 23.19 the department of corrections must be accompanied by a 23.20 certification signed by the appropriate chief of police if 23.21 issued to a police vehicle, the appropriate sheriff if issued to 23.22 a sheriff's vehicle, the commissioner of corrections if issued 23.23 to a department of corrections vehicle, or the appropriate 23.24 officer in charge if issued to a vehicle of any other law 23.25 enforcement agency. The certification must be on a form 23.26 prescribed by the commissioner and state that the vehicle will 23.27 be used exclusively for a purpose authorized by this section. 23.28 (d) Unmarked vehicles used by the departments of revenue 23.29 and labor and industry, fraud unit, in conducting seizures or 23.30 criminal investigations must be registered and must display 23.31 passenger vehicle classification license number plates which 23.32 shall be furnished at cost by the registrar. Original and 23.33 renewal applications for these passenger vehicle license plates 23.34 must be accompanied by a certification signed by the 23.35 commissioner of revenue or the commissioner of labor and 23.36 industry. The certification must be on a form prescribed by the 24.1 commissioner and state that the vehicles will be used 24.2 exclusively for the purposes authorized by this section. 24.3 (e) Unmarked vehicles used by the division of disease 24.4 prevention and control of the department of health must be 24.5 registered and must display passenger vehicle classification 24.6 license number plates. These plates must be furnished at cost 24.7 by the registrar. Original and renewal applications for these 24.8 passenger vehicle license plates must be accompanied by a 24.9 certification signed by the commissioner of health. The 24.10 certification must be on a form prescribed by the commissioner 24.11 and state that the vehicles will be used exclusively for the 24.12 official duties of the division of disease prevention and 24.13 control. 24.14 (f) All other motor vehicles shall be registered and 24.15 display tax-exempt number plates which shall be furnished by the 24.16 registrar at cost, except as provided in subdivision 1c. All 24.17 vehicles required to display tax-exempt number plates shall have 24.18 the name of the state department or political subdivision, or24.19 thenonpublic high school operating a driver education program, 24.20 or licensed commercial driving school, on the vehicle plainly 24.21 displayed on both sides thereof in letters not less than 2-1/2 24.22 inches high and one-half inch wide; except that each state 24.23 hospital and institution for the mentally ill and mentally 24.24 retarded may have one vehicle without the required 24.25 identification on the sides of the vehicle, and county social 24.26 service agencies may have vehicles used for child and vulnerable 24.27 adult protective services without the required identification on 24.28 the sides of the vehicle. Such identification shall be in a 24.29 color giving contrast with that of the part of the vehicle on 24.30 which it is placed and shall endure throughout the term of the 24.31 registration. The identification must not be on a removable 24.32 plate or placard and shall be kept clean and visible at all 24.33 times; except that a removable plate or placard may be utilized 24.34 on vehicles leased or loaned to a political subdivision or to a 24.35 nonpublic high school driver education program. 24.36 Sec. 4. Minnesota Statutes 1998, section 168.013, 25.1 subdivision 2, is amended to read: 25.2 Subd. 2. [PRORATED FEES.] When a motor vehicle first 25.3 becomes subject to taxation during the registration period for 25.4 which the tax is paid, or when a vehicle becomes subject to 25.5 taxation upon transfer from a motor vehicle dealer, the tax 25.6 shall be for the remainder of the period prorated on a monthly 25.7 basis, 1/12 of the annual tax for each calendar month or 25.8 fraction thereof; provided, however, that for a vehicle having 25.9 an annual tax of $10 or less there shall be no reduction until 25.10 on and after September 1 when the annual tax shall be reduced 25.11 one-half. 25.12 Sec. 5. Minnesota Statutes 1998, section 168.013, 25.13 subdivision 6, is amended to read: 25.14 Subd. 6. [LISTING BY DEALERS.] The owner of every motor 25.15 vehicle not exempted by section 168.012 or 168.28, shall, so 25.16 long as it is subject to taxation within the state, list and 25.17 register the same and pay the tax herein provided annually; 25.18 provided, however, that any dealer in motor vehicles, to whom 25.19 dealer's plates have been issued as provided in this chapter, 25.20 coming into the possession of any such motor vehicle to be held 25.21 solely for the purpose of sale or demonstration or both, shall 25.22 be entitled to withhold the tax becoming due on such vehicle for 25.23 the following year if the vehicle is received before the current25.24 year registration expires and the transfer is filed with the25.25 registrar on or before such expiration date. When, thereafter, 25.26 such vehicle is otherwise used or is sold, leased, or rented to 25.27 another person, firm, corporation, or association, the wholetax 25.28 for the remainder of the year, prorated on a monthly basis, 25.29 shall become payable immediately with all arrears. 25.30 Sec. 6. Minnesota Statutes 1998, section 168.021, 25.31 subdivision 2, is amended to read: 25.32 Subd. 2. [DESIGN OF PLATES; FURNISHING BY REGISTRAR.] The 25.33 registrar of motor vehicles shall design and furnish two license 25.34 number plates with attached emblems to each eligible owner. The 25.35 emblem must bear the internationally accepted wheelchair symbol, 25.36 as designated in section 16B.61, subdivision 5, approximately 26.1 three inches square. The emblem must be large enough to be 26.2 visible plainly from a distance of 50 feet. An applicant 26.3 eligible for the special plates shall pay the motor vehicle 26.4 registration fee authorized by law less a credit of $1 for each26.5 month registered. 26.6 Sec. 7. Minnesota Statutes 1998, section 168.17, is 26.7 amended to read: 26.8 168.17 [SUSPENSION OF REGISTRATION.] 26.9 All registrations and issue of number plates shall be 26.10 subject to amendment, suspension, modification or revocation by 26.11 the registrar summarily for any violation of or neglect to 26.12 comply with the provisions of this chapter or when the 26.13 transferee fails to comply with section 168A.10, subdivision 2, 26.14 within 30 days of the date of sale. In any case where the 26.15 proper registration of a motor vehicle is dependent upon 26.16 procuring information entailing such delay as to unreasonably 26.17 deprive the owner of the use of the motor vehicle, the registrar 26.18 may issue a tax receipt and plates conditionally. In any case 26.19 when revoking a registration for cause, the registrar shall have 26.20 authority to demand the return of the number plates and 26.21 registration certificates, and, if necessary, to seize the 26.22 number plates issued for such registration. 26.23 Sec. 8. Minnesota Statutes 1998, section 168.301, 26.24 subdivision 3, is amended to read: 26.25 Subd. 3. [LATE FEE.] In addition to any fee or tax 26.26 otherwise authorized or imposed upon the transfer of title for a 26.27 motor vehicle, the commissioner of public safety shall impose a 26.28 $2 additional fee for failure to deliver a title transfer within 26.29 14ten days. 26.30 Sec. 9. Minnesota Statutes 1998, section 168.301, 26.31 subdivision 4, is amended to read: 26.32 Subd. 4. [REINSTATEMENT FEE.] When the commissioner has 26.33 suspended license plates on a vehicle because the transferee has 26.34 failed to deliverfile the title certificate within ten30 days 26.35 as provided in subdivision 1, the transferee shall pay a $5$10 26.36 fee before the registration is reinstated. 27.1 Sec. 10. Minnesota Statutes 1998, section 168A.05, 27.2 subdivision 5, is amended to read: 27.3 Subd. 5. [ ASSIGNMENT AND WARRANTY OF TITLEFORMS.] (a) The 27.4 certificate of title shall contain forms: 27.5 (1) for assignment and warranty of title by the owner , and; 27.6 (2) for assignment and warranty of title by a dealer , and27.7 shall contain forms for applications; 27.8 (3) to apply for a certificate of title by a transferee ,27.9 and the naming of; 27.10 (4) to name a secured party , and shall include language27.11 necessary to implement; and 27.12 (5) to make the disclosure required by section 325F.6641. 27.13 (b) The certificate of title must also include a separate 27.14 detachable postcard entitled "Notice of Sale" that contains, but 27.15 is not limited to, the vehicle's title number and vehicle 27.16 identification number. The postcard must include sufficient 27.17 space for the owner to record the purchaser's name, address, and 27.18 driver's license number, if any, and the date of sale. The 27.19 Notice of Sale must include clear instructions regarding the 27.20 owner's responsibility to complete and return the form, or to 27.21 transmit the required information electronically in a form 27.22 acceptable to the commissioner, pursuant to section 168A.10, 27.23 subdivision 1. 27.24 Sec. 11. Minnesota Statutes 1998, section 168A.10, 27.25 subdivision 1, is amended to read: 27.26 Subdivision 1. [ASSIGNMENT AND WARRANTY OF TITLE; MILEAGE; 27.27 NOTICE OF SALE.] If an owner transfers interest in a vehicle 27.28 other than by the creation of a security interest, the owner 27.29 shall at the time of the delivery of the vehicle execute an 27.30 assignment and warranty of title to the transferee and shall 27.31 state the actual selling price in the space provided thereforon 27.32 the certificate. Within ten days of the date of sale, other 27.33 than a sale by or to a licensed motor vehicle dealer, the owner 27.34 shall: (1) complete, detach, and return to the department the 27.35 postcard on the certificate entitled "Notice of Sale," if one is 27.36 provided, including the transferee's name, address, and driver's 28.1 license number, if any, and the date of sale; or (2) transmit 28.2 this information electronically in a form acceptable to the 28.3 commissioner. With respect to motor vehicles subject to the 28.4 provisions of section 325E.15, the transferor shall also, in the 28.5 space provided therefor on the certificate, state the true 28.6 cumulative mileage registered on the odometer or that the actual 28.7 mileage is unknown if the odometer reading is known by the 28.8 transferor to be different from the true mileage. The 28.9 transferor shall cause the certificate and assignment to be 28.10 delivered to the transferee immediately. 28.11 Sec. 12. Minnesota Statutes 1998, section 168A.10, 28.12 subdivision 2, is amended to read: 28.13 Subd. 2. [APPLICATION FOR NEW CERTIFICATE.] Except as 28.14 provided in section 168A.11, the transferee shall, within ten 28.15 days after assignment to the transferee of the vehicle title 28.16 certificate, execute the application for a new certificate of 28.17 title in the space provided thereforon the certificate, and 28.18 cause the certificate of title to be mailed or delivered to the 28.19 department. Failure of the transferee to comply with this 28.20 subdivision shall result in the suspension of the vehicle's 28.21 registration under section 168.17. 28.22 Sec. 13. Minnesota Statutes 1998, section 168A.10, 28.23 subdivision 5, is amended to read: 28.24 Subd. 5. [COMPLIANCE REMOVES LIABILITY AFTER DELIVERY.] 28.25 Except as provided in section 168A.11 and as between the 28.26 parties, a transfer by an owner is not effective until the 28.27 provisions of this section have been complied with; however, an 28.28 owner who has delivered possession of the vehicle to the 28.29 transferee and has complied, or within 48 hours after such 28.30 delivery does comply, with the provisions of this section 28.31 requiring action by the owner is not liable as owner for any 28.32 damages resulting from operation of the vehicle after the 28.33 delivery of the vehicle to the transferee. An owner is not 28.34 liable who has complied with the provisions of this section 28.35 except for completing and returning the Notice of Sale or 28.36 transmitting the required information electronically under 29.1 subdivision 1. 29.2 Sec. 14. Minnesota Statutes 1998, section 168A.30, 29.3 subdivision 2, is amended to read: 29.4 Subd. 2. [WILLFUL OR FRAUDULENT ACTS; FAILURE TO NOTIFY.] 29.5 A person is guilty of a misdemeanor who: 29.6 (1) with fraudulent intent permits another, not entitled 29.7 thereto, to use or have possession of a certificate of title; 29.8 (2) willfully fails to mail or deliver a certificate of 29.9 title to the department within the time required by sections 29.10 168A.01 to 168A.31; 29.11 (3) willfully fails to deliver to the transferee a 29.12 certificate of title within ten days after the time required by 29.13 sections 168A.01 to 168A.31; 29.14 (4) commits a fraud in any application for a certificate of 29.15 title; 29.16 (5) fails to notify the department of any fact as required 29.17 by sections 168A.01 to 168A.31, except for the facts included in 29.18 the Notice of Sale described in section 168A.10, subdivision 1; 29.19 or 29.20 (6) willfully violates any other provision of sections 29.21 168A.01 to 168A.31 except as otherwise provided in sections 29.22 168A.01 to 168A.31. 29.23 Sec. 15. Minnesota Statutes 1998, section 169.122, 29.24 subdivision 5, is amended to read: 29.25 Subd. 5. [EXCEPTION.] This section does not apply to the 29.26 possession or consumption of alcoholic beverages by passengers 29.27 in: 29.28 (1) a bus operated under a charter as defined in section29.29 221.011, subdivision 20that is operated by a motor carrier of 29.30 passengers, as defined in section 221.011, subdivision 48; or 29.31 (2) a vehicle providing limousine service as defined in 29.32 section 221.84, subdivision 1. 29.33 Sec. 16. Minnesota Statutes 1998, section 169.345, 29.34 subdivision 1, is amended to read: 29.35 Subdivision 1. [SCOPE OF PRIVILEGE.] (a) A vehicle that 29.36 prominently displays the certificate authorized by this section 30.1 or that bears license plates issued under section 168.021, may 30.2 be parked by or solely for the benefit of a physically disabled 30.3 person: 30.4 (1) in a designated parking space for disabled persons, as 30.5 provided in section 169.346; and30.6 (2) in a metered parking space without obligation to pay 30.7 the meter fee and without time restrictions unless time 30.8 restrictions are separately posted on official signs; and 30.9 (3) without time restrictions in a nonmetered space where 30.10 parking is otherwise allowed for passenger vehicles but 30.11 restricted to a maximum period of time and which does not 30.12 specifically prohibit the exercise of disabled parking 30.13 privileges in that space. 30.14 A person may park a vehicle for a physically disabled person in 30.15 a parking space described in clause (1) or (2) only when 30.16 actually transporting the physically disabled person for the 30.17 sole benefit of that person and when the parking space is within 30.18 a reasonable distance from the drop-off point. 30.19 (b) For purposes of this subdivision, a certificate is 30.20 prominently displayed if it is displayed so that it may be 30.21 viewed from the front and rear of the vehicle by hanging it from 30.22 the rearview mirror attached to the front windshield of the 30.23 vehicle. If there is no rearview mirror or if the certificate 30.24 holder's disability precludes placing the certificate on the 30.25 mirror, the placard must be displayed on the dashboard on the 30.26 driver's side of the vehicle. No part of the certificate may be 30.27 obscured. 30.28 (c) Notwithstanding paragraph (a), clauses (1) and, (2), 30.29 and (3), this section does not permit parking in areas 30.30 prohibited by sections 169.32 and 169.34, in designated no 30.31 parking spaces, or in parking spaces reserved for specified 30.32 purposes or vehicles. A local governmental unit may, by 30.33 ordinance, prohibit parking on any street or highway to create a 30.34 fire lane, or to accommodate heavy traffic during morning and 30.35 afternoon rush hours and these ordinances also apply to 30.36 physically disabled persons. 31.1 Sec. 17. Minnesota Statutes 1998, section 169.345, 31.2 subdivision 3, is amended to read: 31.3 Subd. 3. [IDENTIFYING CERTIFICATE.] (a) The division of 31.4 driver and vehicle services in the department of public safety 31.5 shall issue (1) immediately, a temporary permit valid for 30 31.6 days, if the person is eligible for the certificate issued under 31.7 this paragraph, and (2) a special identifying certificate for a 31.8 motor vehicle when a physically disabled applicant submits proof 31.9 of physical disability under subdivision 2a. The commissioner 31.10 shall design separate certificates for persons with permanent 31.11 and temporary disabilities that can be readily distinguished 31.12 from each other from outside a vehicle at a distance of 25 31.13 feet. The certificate is valid for six years, if the disability 31.14 is specified in the physician's or chiropractor's statement as 31.15 permanent, and is valid for a period not to exceed six months, 31.16 if the disability is specified as temporary. 31.17 (b) When the commissioner is satisfied that a motor vehicle 31.18 is used primarily for the purpose of transporting physically 31.19 disabled persons, the division may issue without charge (1) 31.20 immediately, a temporary permit valid for 30 days, if the 31.21 operator is eligible for the certificate issued under this 31.22 paragraph, and (2) a special identifying certificate for the 31.23 vehicle. The operator of a vehicle displaying the certificate 31.24 or temporary permit has the parking privileges provided in 31.25 subdivision 1 only while the vehicle is actually in use for 31.26 transporting physically disabled persons. The certificate 31.27 issued to a person transporting physically disabled persons must 31.28 be renewed every third year. On application and renewal, the 31.29 person must present evidence that the vehicle continues to be 31.30 used for transporting physically disabled persons. When the 31.31 commissioner of public safety issues commercial certificates to 31.32 an organization, the commissioner shall require documentation 31.33 satisfactory to the commissioner from each organization that 31.34 procedures and controls have been implemented to ensure that the 31.35 parking privileges available under this section will not be 31.36 abused. 32.1 (c) A certificate must be made of plastic or similar 32.2 durable material and must bear its expiration date prominently 32.3 on both sides. A certificate issued prior to January 1, 1994, 32.4 must bear its expiration date prominently on its face and will 32.5 remain valid until that date or December 31, 2000, whichever 32.6 shall come first. A certificate issued to a temporarily 32.7 disabled person must display the date of expiration of the 32.8 duration of the disability, as determined under paragraph (a). 32.9 Each applicant must be provided a summary of the parking 32.10 privileges and restrictions that apply to each vehicle for which 32.11 the certificate is used. The commissioner may charge a fee of 32.12 $5 for issuance or renewal of a certificate or temporary permit, 32.13 and a fee of $5 for a duplicate to replace a lost, stolen, or 32.14 damaged certificate or temporary permit. The commissioner shall 32.15 not charge a fee for issuing a certificate to a person who has 32.16 paid a fee for issuance of a temporary permit. The commissioner 32.17 shall not issue more than three replacement certificates within 32.18 any six-year period without the approval of the council on 32.19 disability. 32.20 Sec. 18. Minnesota Statutes 1998, section 169.345, 32.21 subdivision 4, is amended to read: 32.22 Subd. 4. [UNAUTHORIZED USE; REVOCATION; MISDEMEANOR.] If a 32.23 peace officer, authorized parking enforcement employee or agent 32.24 of a statutory or home rule charter city or town, or authorized 32.25 agent of the citizen enforcement program finds that the 32.26 certificate or temporary permit is being improperly used, the 32.27 officer, municipal employee, or agent shall report the violation 32.28 to the division of driver and vehicle services in the department 32.29 of public safety and the commissioner of public safety may 32.30 revoke the certificate or temporary permit. A person who uses 32.31 the certificate or temporary permit in violation of this section 32.32 is guilty of a misdemeanor and is subject to a fine of $500. 32.33 Sec. 19. Minnesota Statutes 1998, section 169.346, 32.34 subdivision 3, is amended to read: 32.35 Subd. 3. [MISDEMEANOR; ENFORCEMENT.] A person who violates 32.36 subdivision 1 is guilty of a misdemeanor and shall be fined not 33.1 less than $100 or more than $200. This subdivision shall be 33.2 enforced in the same manner as parking ordinances or regulations 33.3 in the governmental subdivision in which the violation occurs. 33.4 Law enforcement officers have the authority to tag vehicles 33.5 parked on either private or public property in violation of 33.6 subdivision 1. Parking enforcement employees or agents of 33.7 statutory or home rule charter cities or towns have the 33.8 authority to tag or otherwise issue citations for vehicles 33.9 parked on public property in violation of subdivision 1. If a 33.10 holder of a disability certificate or disability plates allows a 33.11 person who is not otherwise eligible to use the certificate or 33.12 plates, then the holder shall not be eligible to be issued or to 33.13 use a disability certificate or plates for 12 months after the 33.14 date of violation. A physically disabled person, or a person 33.15 parking a vehicle for a disabled person, who is charged with 33.16 violating subdivision 1 because the person parked in a parking 33.17 space for physically disabled persons without the required 33.18 certificate, license plates, or temporary permit shall not be 33.19 convicted if the person produces in court or before the court 33.20 appearance the required certificate, temporary permit, or 33.21 evidence that the person has been issued license plates under 33.22 section 168.021, and demonstrates entitlement to the 33.23 certificate, plates, or temporary permit at the time of arrest 33.24 or tagging. 33.25 Sec. 20. Minnesota Statutes 1998, section 169.346, is 33.26 amended by adding a subdivision to read: 33.27 Subd. 5. [LOCAL ORDINANCE; LONG-TERM PARKING.] A statutory 33.28 or home rule charter city may enact an ordinance establishing a 33.29 permit program for long-term parking. 33.30 Sec. 21. Minnesota Statutes 1998, section 169.55, 33.31 subdivision 1, is amended to read: 33.32 Subdivision 1. [LIGHTS OR REFLECTORS REQUIRED.] At the 33.33 times when lighted lamps on vehicles are required each vehicle 33.34 including an animal-drawn vehicle and any vehicle specifically 33.35 excepted in sections 169.47 to 169.79, with respect to equipment 33.36 and not hereinbefore specifically required to be equipped with 34.1 lamps, shall be equipped with one or more lighted lamps or 34.2 lanterns projecting a white light visible from a distance of 500 34.3 feet to the front of the vehicle and with a lamp or lantern 34.4 exhibiting a red light visible from a distance of 500 feet to 34.5 the rear, except that reflectors meeting the maximum 34.6 requirements of this chapter may be used in lieu of the lights 34.7 required in this subdivision. It shall be unlawful except as 34.8 otherwise provided in this subdivision, to project a white light 34.9 to the rear of any such vehicle while traveling on any street or 34.10 highway, unless such vehicle is moving in reverse. A lighting 34.11 device mounted on top of a vehicle engaged in deliveries to 34.12 residences may project a white light to the rear if the sign 34.13 projects one or more additional colors to the rear. An 34.14 authorized emergency vehicle may display an oscillating, 34.15 alternating, or rotating white light used in connection with an 34.16 oscillating, alternating, or rotating red light when responding 34.17 to emergency calls. 34.18 Sec. 22. Minnesota Statutes 1998, section 169.58, is 34.19 amended by adding a subdivision to read: 34.20 Subd. 4. [LIGHTED SIGN ON VEHICLE.] A vehicle engaged in 34.21 deliveries to residences may display a lighting device mounted 34.22 on the vehicle, which may project a red light to the front if 34.23 the sign projects one or more additional colors to the front. 34.24 Sec. 23. Minnesota Statutes 1998, section 171.04, 34.25 subdivision 1, is amended to read: 34.26 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 34.27 shall not issue a driver's license: 34.28 (1) to any person under 18 years unless: 34.29 (i) the applicant is 16 or 17 years of age and has a 34.30 previously issued valid license from another state or country or 34.31 the applicant has, for the 12 consecutive months preceding 34.32 application, held a provisional license and during that time has 34.33 incurred (A) no conviction for a violation of section 169.121, 34.34 169.1218, 169.122, or 169.123, (B) no conviction for a 34.35 crash-related moving violation, and (C) not more than one 34.36 conviction for a moving violation that is not crash related. 35.1 "Moving violation" means a violation of a traffic regulation but 35.2 does not include a parking violation, vehicle equipment 35.3 violation, or warning citation. 35.4 (ii) the application for a license is approved by (A) 35.5 either parent when both reside in the same household as the 35.6 minor applicant or, if otherwise, then (B) the parent or spouse 35.7 of the parent having custody or, in the event there is no court 35.8 order for custody, then (C) the parent or spouse of the parent 35.9 with whom the minor is living or, if subitems (A) to (C) do not 35.10 apply, then (D) the guardian having custody of the minor or, in 35.11 the event a person under the age of 18 has no living father, 35.12 mother, or guardian, then (E) the minor's employer; provided, 35.13 that the approval required by this item contains a verification 35.14 of the age of the applicant and the identity of the parent, 35.15 guardian, or employer; and 35.16 (iii) the applicant presents a certification by the person 35.17 who approves the application under item (ii), stating that the 35.18 applicant has driven a motor vehicle accompanied by and under 35.19 supervision of a licensed driver at least 21 years of age for at 35.20 least ten hours during the period of provisional licensure; 35.21 (2) to any person who is under the age of18 years of age 35.22 or younger, unless the person has applied for, been issued, and 35.23 possessed the appropriate instruction permit for a minimum of 35.24 six months, and, with respect to a person under 18 years of age, 35.25 a provisional license for a minimum of 12 months; 35.26 (3) to any person who is 19 years of age or older, unless 35.27 that person has applied for, been issued, and possessed the 35.28 appropriate instruction permit for a minimum of three months; 35.29 (4) to any person whose license has been suspended during 35.30 the period of suspension except that a suspended license may be 35.31 reinstated during the period of suspension upon the licensee 35.32 furnishing proof of financial responsibility in the same manner 35.33 as provided in the Minnesota No-Fault Automobile Insurance Act; 35.34 (4)(5) to any person whose license has been revoked except 35.35 upon furnishing proof of financial responsibility in the same 35.36 manner as provided in the Minnesota No-Fault Automobile 36.1 Insurance Act and if otherwise qualified; 36.2 (5)(6) to any drug dependent person, as defined in section 36.3 254A.02, subdivision 5; 36.4 (6)(7) to any person who has been adjudged legally 36.5 incompetent by reason of mental illness, mental deficiency, or 36.6 inebriation, and has not been restored to capacity, unless the 36.7 department is satisfied that the person is competent to operate 36.8 a motor vehicle with safety to persons or property; 36.9 (7)(8) to any person who is required by this chapter to 36.10 take a vision, knowledge, or road examination, unless the person 36.11 has successfully passed the examination. An applicant who fails 36.12 four road tests must complete a minimum of six hours of 36.13 behind-the-wheel instruction with an approved instructor before 36.14 taking the road test again; 36.15 (8)(9) to any person who is required under the Minnesota 36.16 No-Fault Automobile Insurance Act to deposit proof of financial 36.17 responsibility and who has not deposited the proof; 36.18 (9)(10) to any person when the commissioner has good cause 36.19 to believe that the operation of a motor vehicle on the highways 36.20 by the person would be inimical to public safety or welfare; 36.21 (10)(11) to any person when, in the opinion of the 36.22 commissioner, the person is afflicted with or suffering from a 36.23 physical or mental disability or disease that will affect the 36.24 person in a manner as to prevent the person from exercising 36.25 reasonable and ordinary control over a motor vehicle while 36.26 operating it upon the highways; 36.27 (11)(12) to a person who is unable to read and understand 36.28 official signs regulating, warning, and directing traffic; 36.29 (12)(13) to a child for whom a court has ordered denial of 36.30 driving privileges under section 260.191, subdivision 1, or 36.31 260.195, subdivision 3a, until the period of denial is 36.32 completed; or 36.33 (13)(14) to any person whose license has been canceled, 36.34 during the period of cancellation. 36.35 Sec. 24. Minnesota Statutes 1998, section 171.05, 36.36 subdivision 1a, is amended to read: 37.1 Subd. 1a. [MINIMUM PERIOD TO POSSESS INSTRUCTION PERMIT.] 37.2 An applicant who is 18 years old andwho has applied for and37.3 received an instruction permit under subdivision 1 and has not 37.4 previously been licensed to drive in Minnesota or in another 37.5 jurisdiction must possess the instruction permit for not less 37.6 than six months for an applicant who is 18 years of age, and not 37.7 less than three months for all other applicants, before 37.8 qualifying for a driver's license , or for not less than three37.9 months for an applicant who successfully completes an approved37.10 course of behind-the-wheel instruction. An applicant with an 37.11 instruction permit from another jurisdiction must be credited 37.12 with the amount of time that permit has been held. 37.13 Sec. 25. Minnesota Statutes 1998, section 171.05, 37.14 subdivision 2, is amended to read: 37.15 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 37.16 Notwithstanding any provision in subdivision 1 to the contrary, 37.17 the department, upon application therefor, may issue an 37.18 instruction permit to an applicant who is 15, 16, or 17 years of 37.19 age and the applicant: 37.20 (1) has completed a course of driver education in another 37.21 state, has a previously issued valid license from another state, 37.22 or is enrolled in aone of the following types of driver 37.23 education program includingprograms: 37.24 (i) a driver education program offered through the public 37.25 schools that includes classroom and behind-the-wheel training ,37.26 whichand that has been approved by the state board of education37.27 for courses offered through the public schools, or, in the case37.28 ofcommissioner of children, families, and learning; 37.29 (ii) a course offered by a private, commercial driver 37.30 education school or institute ,that includes classroom and 37.31 behind-the-wheel training and that has been approved by the 37.32 department of public safety; except when the applicant has37.33 completed a course of driver education in another state or has a37.34 previously issued valid license from another stateor 37.35 (iii) an approved behind-the-wheel driver education program 37.36 when the student is receiving full-time instruction in a home 38.1 school within the meaning of sections 120A.22 and 120A.24, the 38.2 student is working toward a home-school diploma, the student's 38.3 status as a home-school student has been certified by the 38.4 superintendent of the school district in which the student 38.5 resides, and the student is taking home-classroom driver 38.6 training with classroom materials approved by the commissioner 38.7 of public safety; 38.8 (2) has completed the classroom phase of instruction in the 38.9 driver education program; 38.10 (3) has passed a test of the applicant's eyesight; 38.11 (4) has passed a test of the applicant's knowledge of 38.12 traffic laws, which test must be administered by the department; 38.13 (5) has completed the required application, which must be 38.14 approved by (i) either parent when both reside in the same 38.15 household as the minor applicant or, if otherwise, then (ii) the 38.16 parent or spouse of the parent having custody or, in the event 38.17 there is no court order for custody, then (iii) the parent or 38.18 spouse of the parent with whom the minor is living or, if items 38.19 (i) to (iii) do not apply, then (iv) the guardian having custody 38.20 of the minor or, in the event a person under the age of 18 has 38.21 no living father, mother, or guardian, then (v) the applicant's 38.22 employer; provided, that the approval required by this clause 38.23 contains a verification of the age of the applicant and the 38.24 identity of the parent, guardian, or employer; and 38.25 (6) has paid the fee required in section 171.06, 38.26 subdivision 2. 38.27 (b) The instruction permit is valid for one year from the 38.28 date of application and may be renewed upon payment of a fee 38.29 equal to the fee for issuance of an instruction permit under 38.30 section 171.06, subdivision 2. 38.31 Sec. 26. Minnesota Statutes 1998, section 171.061, 38.32 subdivision 4, is amended to read: 38.33 Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and 38.34 retain a filing fee of $3.50 for each application. Except as 38.35 provided in paragraph (b), the fee shall cover all expenses 38.36 involved in receiving, accepting, or forwarding to the 39.1 department the applications and fees required under sections 39.2 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 39.3 171.07, subdivisions 3 and 3a. 39.4 (b) An agent with photo identification equipment provided 39.5 by the department before January 1, 1999, may retain the photo 39.6 identification equipment until the agent's appointment 39.7 terminates. The department shall maintain the photo 39.8 identification equipment for these agents. An agent appointed 39.9 before January 1, 1999, who does not have photo identification 39.10 equipment provided by the department, and any new agent 39.11 appointed after December 31, 1998, shall procure and maintain 39.12 photo identification equipment. Upon the retirement, 39.13 resignation, death, or discontinuance of an existing agent, and 39.14 if a new agent is appointed in an existing office pursuant to 39.15 Minnesota Rules, chapter 7404, and notwithstanding the above or 39.16 Minnesota Rules, part 7404.0400, the department shall provide 39.17 and maintain photo identification equipment without additional 39.18 cost to a newly appointed agent in that office if the office was 39.19 provided the equipment by the department before January 1, 39.20 1999. All photo identification equipment must be compatible 39.21 with standards established by the department. 39.22 (c) A filing fee retained by the agent employed by a county 39.23 board must be paid into the county treasury and credited to the 39.24 general revenue fund of the county. An agent who is not an 39.25 employee of the county shall retain the filing fee in lieu of 39.26 county employment or salary and is considered an independent 39.27 contractor for pension purposes, coverage under the Minnesota 39.28 state retirement system, or membership in the public employees 39.29 retirement association. 39.30 (d) Before the end of the first working day following the 39.31 final day of the reporting period established by the department, 39.32 the agent must forward to the department all applications and 39.33 fees collected during the reporting period except as provided in 39.34 paragraph (c). 39.35 Sec. 27. Minnesota Statutes 1998, section 171.07, 39.36 subdivision 3, is amended to read: 40.1 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 40.2 the required fee, the department shall issue to every applicant 40.3 therefor a Minnesota identification card. The department may 40.4 not issue a Minnesota identification card to a person who has a 40.5 driver's license, other than an instruction permit or a limited 40.6 license. The card must bear a distinguishing number assigned to 40.7 the applicant, a colored photograph or an electronically 40.8 produced image, the full name, date of birth, residence address, 40.9 a description of the applicant in the manner as the commissioner 40.10 deems necessary, and a space upon which the applicant shall 40.11 write the usual signature and the date of birth of the applicant 40.12 with pen and ink. Each identification card issued to an 40.13 applicant under the age of 21 must be of a distinguishing color 40.14 and plainly marked "Under-21." 40.15 (b) Each Minnesota identification card must be plainly 40.16 marked "Minnesota identification card - not a driver's license." 40.17 (c) The fee for a Minnesota identification card is 50 cents 40.18 when issued to: a person who is mentally retarded, as defined 40.19 in section 252A.02, subdivision 2 , or to; a physically disabled 40.20 person, as defined in section 169.345, subdivision 2 , is 5040.21 cents; or, a person with mental illness, as described in section 40.22 245.462, subdivision 20, paragraph (c). 40.23 Sec. 28. Minnesota Statutes 1998, section 171.39, is 40.24 amended to read: 40.25 171.39 [EXEMPTIONS.] 40.26 The provisions of sections 171.33 to 171.41 shall not apply: 40.27 to any person giving driver training lessons without charge ,; to 40.28 employers maintaining driver training schools without charge for 40.29 their employees only ,; to a home-school within the meaning of 40.30 sections 120A.22 and 120A.24; to schools or classes conducted by 40.31 colleges, universities and high schools as a part of the normal 40.32 program for such institutions ,; nor to those schools or persons 40.33 described in section 171.05, subdivision 2. Any person who is a 40.34 certificated driver training instructor in a high school driver 40.35 training program may give driver training instruction to persons 40.36 over the age of 18 without acquiring a driver training school 41.1 license or instructor's license, and such instructors may make a 41.2 charge for that instruction, if there is no private commercial 41.3 driver training school licensed under this statute within 10 41.4 miles of the municipality where such instruction is given and 41.5 there is no adult drivers training program in effect in the 41.6 schools of the school district in which the trainee resides. 41.7 Sec. 29. Minnesota Statutes 1998, section 173.02, 41.8 subdivision 6, is amended to read: 41.9 Subd. 6. [VARIOUS SIGNS AND NOTICES DEFINED.] Directional 41.10 and other official signs and notices shall mean: 41.11 (a) "Official signs and notices" mean signs and notices 41.12 erected and maintained by public officers or public agencies 41.13 within their territorial jurisdiction and pursuant to and in 41.14 accordance with direction or authorization contained in federal 41.15 or state law for the purposes of carrying out an official duty 41.16 or responsibility. Historical markers authorized by state law 41.17 and erected by state or local governmental agencies or nonprofit 41.18 historical societies, star city signs erected under section 41.19 173.085, and municipal identification entrance signs erected in 41.20 accordance with section 173.025 may be considered official signs. 41.21 (b) "Public utility signs" mean warning signs, notices, or 41.22 markers which are customarily erected and maintained by publicly 41.23 or privately owned public utilities, as essential to their 41.24 operations. 41.25 (c) "Service club and religious notices" mean signs and 41.26 notices, not exceeding eight square feet in advertising area, 41.27 whose erection is authorized by law, relating to meetings and 41.28 location of nonprofit service clubs or charitable associations, 41.29 or religious services. 41.30 (d) "Directional signs" means signs containing directional 41.31 information about public places owned or operated by federal,41.32 state, or local governmentspublic authorities as defined in 41.33 Code of Federal Regulations, title 23, section 460.2, paragraph 41.34 (b), or their agencies, publicly or privately owned natural 41.35 phenomena, historic, cultural, scientific, educational, and 41.36 religious sites, and areas of natural scenic beauty or naturally 42.1 suited for outdoor recreation, deemed to be in the interest of 42.2 the traveling public. To qualify for directional signs, 42.3 privately owned attractions must be nationally or regionally 42.4 known, and of outstanding interest to the traveling public. 42.5 (e) All definitions in this subdivision are intended to be 42.6 in conformity with the national standards for directional and 42.7 other official signs. 42.8 Sec. 30. Minnesota Statutes 1998, section 174.24, 42.9 subdivision 3b, is amended to read: 42.10 Subd. 3b. [OPERATING ASSISTANCE.] The commissioner shall 42.11 determine the total operating cost of any public transit system 42.12 receiving or applying for assistance in accordance with 42.13 generally accepted accounting principles. To be eligible for 42.14 financial assistance, an applicant or recipient shall provide to 42.15 the commissioner all financial records and other information and 42.16 shall permit any inspection reasonably necessary to determine 42.17 total operating cost and correspondingly the amount of 42.18 assistance which may be paid to the applicant or recipient. 42.19 Where more than one county or municipality contributes 42.20 assistance to the operation of a public transit system, the 42.21 commissioner shall identify one as lead agency for the purpose 42.22 of receiving moneys under this section. 42.23 Prior to distributing operating assistance to eligible 42.24 recipients for any contract period, the commissioner shall place 42.25 all recipients into one of the following classifications: large 42.26 urbanized area service, urbanized area service, small urban area 42.27 service, rural area service, and elderly and handicapped 42.28 service. The commissioner shall distribute funds under this 42.29 section so that the percentage of total operating cost paid by 42.30 any recipient from local sources will not exceed the percentage 42.31 for that recipient's classification, except as provided in an 42.32 undue hardship case. The percentages shall be: for large 42.33 urbanized area service, 5550 percent; for urbanized area 42.34 service and small urban area service, 40 percent; for rural area 42.35 service, 35 percent; and for elderly and handicapped service, 35 42.36 percent. The remainder of the total operating cost will be paid 43.1 from state funds less any assistance received by the recipient 43.2 from any federal source. For purposes of this subdivision 43.3 "local sources" means all local sources of funds and includes 43.4 all operating revenue, tax levies, and contributions from public 43.5 funds, except that the commissioner may exclude from the total 43.6 assistance contract revenues derived from operations the cost of 43.7 which is excluded from the computation of total operating cost. 43.8 If a recipient informs the commissioner in writing after 43.9 the establishment of these percentages but prior to the 43.10 distribution of financial assistance for any year that paying 43.11 its designated percentage of total operating cost from local 43.12 sources will cause undue hardship, the commissioner may reduce 43.13 the percentage to be paid from local sources by the recipient 43.14 and increase the percentage to be paid from local sources by one 43.15 or more other recipients inside or outside the classification, 43.16 provided that no recipient shall have its percentage thus 43.17 reduced or increased for more than two years successively. If 43.18 for any year the funds appropriated to the commissioner to carry 43.19 out the purposes of this section are insufficient to allow the 43.20 commissioner to pay the state share of total operating cost as 43.21 provided in this paragraph, the commissioner shall reduce the 43.22 state share in each classification to the extent necessary. 43.23 Sec. 31. Minnesota Statutes 1998, section 174.70, is 43.24 amended to read: 43.25 174.70 [PUBLIC SAFETY RADIO COMMUNICATIONS.] 43.26 Subdivision 1. [AUTHORITY OF COMMISSIONER.] The 43.27 commissioner of transportation may exercise the powers granted 43.28 in this chapter and in sections 473.891 to 473.905, to plan and 43.29 implement the communications system as provided in sections 43.30 473.891 to 473.905. 43.31 Subd. 2. [IMPLEMENTATION.] In order to facilitate 43.32 construction of the initial backbone of the communications 43.33 system described in subdivision 1, the commissioner shall, by 43.34 purchase, lease, gift, exchange, or other means, obtain sites 43.35 for the erection of towers and the location of equipment and 43.36 shall construct buildings and structures needed for the system. 44.1 The commissioner may negotiate with commercial wireless service 44.2 providers to obtain sites, towers, and equipment. 44.3 Notwithstanding sections 161.433, 161.434, 161.45, and 161.46, 44.4 the commissioner may by agreement allow commercial wireless 44.5 service providers to install privately owned equipment on 44.6 state-owned lands, buildings, and other structures under the 44.7 jurisdiction of the commissioner when it is practical and 44.8 feasible to do so. The commissioner shall charge a site use fee 44.9 for the value of the property or structure made available. In 44.10 lieu of a site use fee, the commissioner may make agreements 44.11 with commercial wireless service providers to place state 44.12 equipment on privately owned towers and may accept (1) 44.13 improvements to state-owned public safety communications 44.14 facilities or real or personal property, or (2) services 44.15 provided by a commercial wireless service provider. 44.16 Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 44.17 under subdivision 2 must be deposited in the trunk highway 44.18 fund. The fees so collected are appropriated to the 44.19 commissioner to pay for the commissioner's share and state 44.20 patrol's share of the costs of constructing and maintaining the 44.21 communication system sites. 44.22 Sec. 32. Minnesota Statutes 1998, section 174A.02, 44.23 subdivision 4, is amended to read: 44.24 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 44.25 within its jurisdiction the board shall receive, hear and 44.26 determine all petitions filed with it in accordance with the 44.27 procedures established by law and may hold hearings and make 44.28 determinations upon its own motion to the same extent, and in 44.29 every instance, in which it may do so upon petition. Upon 44.30 receiving petitions filed pursuant to sections 221.061, 221.081,44.31 221.121, subdivision 1, 221.151, 221.296, and 221.55, the board 44.32 shall give notice of the filing of the petition to 44.33 representatives of associations or other interested groups or 44.34 persons who have registered their names with the board for that 44.35 purpose and to whomever the board deems to be interested in the 44.36 petition. The board may grant or deny the request of the 45.1 petition 30 days after notice of the filing has been fully 45.2 given. If the board receives a written objection and notice of 45.3 intent to appear at a hearing to object to the petition from any 45.4 person within 20 days of the notice having been fully given, the 45.5 request of the petition shall be granted or denied only after a 45.6 contested case hearing has been conducted on the petition, 45.7 unless the objection is withdrawn prior to the hearing. The 45.8 board may elect to hold a contested case hearing if no 45.9 objections to the petition are received. If a timely objection 45.10 is not received, or if received and withdrawn, and the request 45.11 of the petition is denied without hearing, the petitioner may 45.12 request within 30 days of receiving the notice of denial, and 45.13 shall be granted, a contested case hearing on the petition. 45.14 Sec. 33. Minnesota Statutes 1998, section 174A.06, is 45.15 amended to read: 45.16 174A.06 [CONTINUATION OF RULES.] 45.17 Orders and directives in force, issued, or promulgated 45.18 under authority of chapters 174A, 216A, 218, 219, 221, and 222 45.19 remain and continue in force and effect until repealed, 45.20 modified, or superseded by duly authorized orders or directives 45.21 of the commissioner of transportation. To the extent allowed 45.22 under federal law or regulation, rules adopted under authority 45.23 of the following sections are transferred to the commissioner of 45.24 transportation and continue in force and effect until repealed, 45.25 modified, or superseded by duly authorized rules of the 45.26 commissioner: 45.27 (1) section 218.041 except rules related to the form and 45.28 manner of filing railroad rates, railroad accounting rules, and 45.29 safety rules; 45.30 (2) section 219.40; 45.31 (3) rules relating to rates or tariffs, or the granting, 45.32 limiting, or modifying of permits or certificates of convenience 45.33 and necessity under section 221.031, subdivision 1; 45.34 (4) rules relating to the sale, assignment, pledge, or 45.35 other transfer of a stock interest in a corporation holding 45.36 authority to operate as a permit carrier as prescribed in 46.1 section 221.151, subdivision 1, or a local cartage carrier under 46.2 section 221.296, subdivision 8; 46.3 (5) rules relating to rates, charges, and practices under 46.4 section 221.161, subdivision 4; and 46.5 (6) rules relating to rates, tariffs, or the granting, 46.6 limiting, or modifying of permits under sections 221.121, 46.7 221.151, and 221.296 or certificates of convenience and46.8 necessity under section 221.071. 46.9 The commissioner shall review the transferred rules, 46.10 orders, and directives and, when appropriate, develop and adopt 46.11 new rules, orders, or directives. 46.12 Sec. 34. [219.445] [SOUTHERN RAIL CORRIDOR IMPROVEMENT 46.13 PLAN.] 46.14 Subdivision 1. [CORRIDOR DEVELOPMENT.] The commissioner of 46.15 transportation shall develop a corridor improvement plan for 46.16 grade crossings intersecting or crossing the railway 46.17 right-of-way in the railway corridor that runs east to west 46.18 across southern Minnesota within all of the counties of Winona, 46.19 Olmsted, Dodge, Steele, Waseca, Blue Earth, Brown, Redwood, 46.20 Lyon, and Lincoln. 46.21 Subd. 2. [GRADE CROSSING RECOMMENDATIONS.] (a) The 46.22 corridor improvement plan must include crossing-by-crossing 46.23 assessments based on ten-year and 20-year projections of train 46.24 and vehicle volumes that will identify minimum improvements 46.25 necessary at crossings with moderate levels of exposure, 46.26 consistent with rules adopted by the commissioner. The plan 46.27 must include identification of all crossings that are candidates 46.28 for grade separations where levels of exposure exceed 300,000, 46.29 or crossings that meet the criteria identified in the rules 46.30 adopted by the commissioner. For purposes of this section, 46.31 "levels of exposure" means average daily vehicle traffic 46.32 multiplied by the number of trains per day at a crossing. 46.33 (b) In cities where the department has identified multiple 46.34 grade separation candidates the plan must include a strategy 46.35 that identifies the appropriate mix of safety improvements at 46.36 all crossings in the city and that considers optimal locations 47.1 for grade separations, crossing consolidations, and other grade 47.2 crossing safety improvements and traffic routing options. 47.3 (c) The department shall consider crossings that are 47.4 candidates for closure, consistent with rules adopted by the 47.5 commissioner governing the vacating of a grade crossing. 47.6 (d) When community plans have been developed by the 47.7 affected railroad company and local governing bodies, the 47.8 department shall review the community plans for compliance with 47.9 the department's minimum criteria for necessary crossing 47.10 improvements at all public crossings as identified in the 47.11 commissioner's rules. The agreed-to community plans take 47.12 precedence over the elements of the corridor improvement plan. 47.13 Subd. 3. [LOCAL GOVERNMENT AND RAILROAD COMPANY 47.14 PARTICIPATION; FEDERAL REVIEW.] (a) The commissioner shall 47.15 provide an opportunity for an affected railroad company or local 47.16 governing body to participate in developing the corridor 47.17 improvement plan. The commissioner shall allow an affected 47.18 local governing body the opportunity to review the corridor 47.19 improvement plan before executing an agreement for grade 47.20 crossing improvements in the corridor improvement plan between 47.21 the department and the railroad company and before forwarding 47.22 the plan to the federal Surface Transportation Board (STB). 47.23 (b) Paragraph (a) does not preclude the department from 47.24 providing comments or information related to the railway 47.25 corridor improvement project to the STB or any other governing 47.26 body related to construction activities or environmental impact 47.27 statement preparation. 47.28 Subd. 4. [FINAL PLAN; HOLD HARMLESS.] (a) The final plan 47.29 must be submitted to any affected area transportation 47.30 partnership, local unit of government, and railroad company 47.31 within the corridor area in order to provide future grade 47.32 crossing safety improvement planning guidance. 47.33 (b) Unless otherwise specifically agreed to as part of the 47.34 plan, the development of a corridor improvement plan does not 47.35 bind the state or any local government unit to a specific 47.36 implementation timetable or to funding the cost of proposed 48.1 recommended safety upgrades. 48.2 Sec. 35. Minnesota Statutes 1998, section 221.011, 48.3 subdivision 15, is amended to read: 48.4 Subd. 15. [MOTOR CARRIER.] "Motor carrier" means a carrier48.5 operating for hire under the authority of this chapter and48.6 subject to the rules and orders of the commissioner or the board48.7 person engaged in the for-hire transportation of property or 48.8 passengers. "Motor carrier" does not include a person providing 48.9 transportation described in section 221.025, a building mover 48.10 subject to section 221.81, or a person providing limousine 48.11 service as defined in section 221.84. 48.12 Sec. 36. Minnesota Statutes 1998, section 221.011, 48.13 subdivision 37, is amended to read: 48.14 Subd. 37. [CERTIFICATED CARRIER.] "Certificated carrier" 48.15 means a motor carrier holding a certificate issued under section48.16 221.071of registration. 48.17 Sec. 37. Minnesota Statutes 1998, section 221.011, 48.18 subdivision 38, is amended to read: 48.19 Subd. 38. [CLASS I CARRIER.] "Class I carrier" means a 48.20 person who has been issued a certificate under section 221.07148.21 to operate as a class I carrierof registration. 48.22 Sec. 38. Minnesota Statutes 1998, section 221.011, is 48.23 amended by adding a subdivision to read: 48.24 Subd. 48. [MOTOR CARRIER OF PASSENGERS.] "Motor carrier of 48.25 passengers" means a person engaged in the for-hire 48.26 transportation of passengers in vehicles designed to transport 48.27 eight or more persons, including the driver. 48.28 Sec. 39. Minnesota Statutes 1998, section 221.011, is 48.29 amended by adding a subdivision to read: 48.30 Subd. 49. [SMALL VEHICLE PASSENGER SERVICE.] "Small 48.31 vehicle passenger service" means a service provided by a person 48.32 engaged in the for-hire transportation of passengers in a 48.33 vehicle designed to transport seven or fewer persons, including 48.34 the driver. 48.35 Sec. 40. Minnesota Statutes 1998, section 221.021, is 48.36 amended to read: 49.1 221.021 [ OPERATIONREGISTRATION CERTIFICATE OR PERMIT 49.2 REQUIRED.] 49.3 Subdivision 1. [REQUIREMENT.] No person may operate as a 49.4 motor carrier or advertise or otherwise hold out as a motor 49.5 carrier without a certificate of registration or permit in 49.6 effect. A certificate or permit may be suspended or revoked 49.7 upon conviction of violating a provision of sections 221.011 to 49.8 221.296 or an order or rule of the commissioner or board49.9 governing the operation of motor carriers, and upon a finding by 49.10 the court that the violation was willful. The board49.11 commissioner may, for good cause after a hearing, suspend or 49.12 revoke a certificate or permit for a violation of a provision of 49.13 sections 221.011 to 221.296 or an order issued or rule adopted 49.14 by the commissioner or board under this chapter. 49.15 Subd. 2. [SANCTIONS.] The commissioner may suspend, 49.16 revoke, or deny renewal of a certificate of registration for (1) 49.17 serious or repeated violations of this chapter, or (2) a pattern 49.18 of repeated violations of local ordinances governing traffic and 49.19 parking. 49.20 Subd. 3. [HEARING.] A motor carrier affected by an action 49.21 of the commissioner under subdivision 2 may, within 20 days of 49.22 receipt of a notice of the commissioner's action, request an 49.23 administrative hearing by following the procedures in section 49.24 221.036, subdivision 7. 49.25 Sec. 41. Minnesota Statutes 1998, section 221.022, is 49.26 amended to read: 49.27 221.022 [EXCEPTION.] 49.28 The powers granted to the boardcommissioner under sections 49.29 221.011 to 221.296 do not include the power to regulate any 49.30 service or vehicles operated by the metropolitan council or 49.31 to regulateregister passenger transportation service provided 49.32 under contract to the department or the metropolitan council. A 49.33 provider of passenger transportation service under contract to 49.34 the department or the metropolitan council may not also provide 49.35 charterservice as a motor carrier of passengers without first 49.36 having obtained a permit to operate as a charter50.1 carrierregistered under section 221.0252. 50.2 Sec. 42. Minnesota Statutes 1998, section 221.025, is 50.3 amended to read: 50.4 221.025 [EXEMPTIONS.] 50.5 The provisions of this chapter requiring a certificate or 50.6 permit to operate as a motor carrier do not apply to the 50.7 intrastate transportation described below: 50.8 (a) the transportation of students to or from school or 50.9 school activities in a school bus inspected and certified under 50.10 section 169.451 and the transportation of children or parents to 50.11 or from a Head Start facility or Head Start activity in a Head 50.12 Start bus inspected and certified under section 169.451; 50.13 (b) the transportation of solid waste, as defined in 50.14 section 116.06, subdivision 22, including recyclable materials 50.15 and waste tires, except that the term "hazardous waste" has the 50.16 meaning given it in section 221.011, subdivision 31; 50.17 (c) a commuter van as defined in section 221.011, 50.18 subdivision 27; 50.19 (d) authorized emergency vehicles as defined in section 50.20 169.01, subdivision 5, including ambulances; and tow trucks 50.21 equipped with proper and legal warning devices when picking up 50.22 and transporting (1) disabled or wrecked motor vehicles or (2) 50.23 vehicles towed or transported under a towing order issued by a 50.24 public employee authorized to issue a towing order; 50.25 (e) the transportation of grain samples under conditions 50.26 prescribed by the board; 50.27 (f) the delivery of agricultural lime; 50.28 (g) the transportation of dirt and sod within an area 50.29 having a 50-mile radius from the home post office of the person 50.30 performing the transportation; 50.31 (h) the transportation of sand, gravel, bituminous asphalt 50.32 mix, concrete ready mix, concrete blocks or tile and the mortar 50.33 mix to be used with the concrete blocks or tile, or crushed rock 50.34 to or from the point of loading or a place of gathering within 50.35 an area having a 50-mile radius from that person's home post 50.36 office or a 50-mile radius from the site of construction or 51.1 maintenance of public roads and streets; 51.2 (i) the transportation of pulpwood, cordwood, mining 51.3 timber, poles, posts, decorator evergreens, wood chips, sawdust, 51.4 shavings, and bark from the place where the products are 51.5 produced to the point where they are to be used or shipped; 51.6 (j) the transportation of fresh vegetables from farms to 51.7 canneries or viner stations, from viner stations to canneries, 51.8 or from canneries to canneries during the harvesting, canning, 51.9 or packing season, or transporting sugar beets, wild rice, or 51.10 rutabagas from the field of production to the first place of 51.11 delivery or unloading, including a processing plant, warehouse, 51.12 or railroad siding; 51.13 (k) the transportation of property or freight, other than 51.14 household goods and petroleum products in bulk, entirely within 51.15 the corporate limits of a city or between contiguous cities 51.16 except as provided in section 221.296; 51.17 (l) the transportation of unprocessed dairy products in 51.18 bulk within an area having a 100-mile radius from the home post 51.19 office of the person providing the transportation; 51.20 (m) the transportation of agricultural, horticultural, 51.21 dairy, livestock, or other farm products within an area having a 51.22 100-mile radius from the person's home post office and the 51.23 carrier may transport other commodities within the 100-mile 51.24 radius if the destination of each haul is a farm; 51.25 (n) passenger transportation service that is not charter51.26 service and that is under contract to and with operating51.27 assistance from the department or the metropolitan council;51.28 (o)the transportation of newspapers, as defined in section 51.29 331A.01, subdivision 5, telephone books, handbills, circulars, 51.30 or pamphlets in a vehicle with a gross vehicle weight of 10,000 51.31 pounds or less; and 51.32 (p)(o) transportation of potatoes from the field of 51.33 production, or a storage site owned or otherwise controlled by 51.34 the producer, to the first place of processing. 51.35 The exemptions provided in this section apply to a person 51.36 only while the person is exclusively engaged in exempt 52.1 transportation. 52.2 Sec. 43. Minnesota Statutes 1998, section 221.0251, is 52.3 amended to read: 52.4 221.0251 [MOTOR CARRIER OF PROPERTY; REGISTRATION.] 52.5 Subdivision 1. [REGISTRATION STATEMENT.] A person who 52.6 wishes to operate as a motor carrier of property shall file a 52.7 complete and accurate registration statement with the 52.8 commissioner. A registration statement must be on a form 52.9 provided by the commissioner and include: 52.10 (1) the registrant's name, including an assumed or 52.11 fictitious name used by the registrant in doing business; 52.12 (2) the registrant's mailing address and business telephone 52.13 number; 52.14 (3) the registrant's federal Employer Identification Number 52.15 and Minnesota Business Identification Number and the 52.16 identification numbers, if any, assigned to the registrant by 52.17 the United States Department of Transportation, Interstate 52.18 Commerce Commission, or Environmental Protection Agency; 52.19 (4) the name, title, and telephone number of the individual 52.20 who is principally responsible for the operation of the 52.21 registrant's transportation business; 52.22 (5) the principal location from which the registrant 52.23 conducts its transportation business and where the records 52.24 required by this chapter will be kept; 52.25 (6) if different from clause (5), the location in Minnesota 52.26 where the records required by this chapter will be available for 52.27 inspection and copying by the commissioner; 52.28 (7) whether the registrant transports hazardous materials 52.29 or hazardous waste; 52.30 (8) whether the registrant's business is a corporation, 52.31 partnership, limited liability partnership, limited liability 52.32 company, or sole proprietorship; and 52.33 (9) if the registrant is a foreign corporation authorized 52.34 to transact business in Minnesota, the state of incorporation 52.35 and the name and address of its registered agent. 52.36 Subd. 2. [SIGNATURE REQUIRED.] A registration statement 53.1 may be signed only by a corporate officer, general partner, 53.2 limited liability company board member, or sole proprietor. A 53.3 signature must be notarized. 53.4 Subd. 3. [CERTIFICATE OF REGISTRATION; ISSUANCE; 53.5 LOCATION.] (a) The commissioner shall issue a certificate of 53.6 registration to a registrant who has filed a registration 53.7 statement that complies with subdivisions 1 and 2 and paid the 53.8 required fee, has a satisfactory safety rating and, if 53.9 applicable, has complied with the financial responsibility 53.10 requirements in section 221.141. The commissioner may not issue 53.11 a certificate of registration to a registrant who has an 53.12 unsatisfactory safety rating. 53.13 (b) A certificate of registration must be numbered and bear 53.14 an effective date. 53.15 (c) A certificate of registration must be kept at the 53.16 registrant's principal place of business. 53.17 Subd. 4. [DURATION.] A certificate of registration is not 53.18 assignable or transferable and is valid until it is suspended, 53.19 revoked, or canceled. 53.20 Subd. 5. [OBLIGATION TO KEEP INFORMATION CURRENT.] A 53.21 registrant shall notify the commissioner in writing of any 53.22 change in the information described in subdivision 1. 53.23 Sec. 44. [221.0252] [PASSENGER CARRIERS; REGISTRATION; 53.24 EXEMPTIONS.] 53.25 Subdivision 1. [FILING REQUIRED.] A person who wishes to 53.26 operate as a motor carrier of passengers must file with the 53.27 commissioner a complete and accurate federal motor carrier 53.28 identification report form MCS-150. In addition, a person must 53.29 file a vehicle registration form prescribed by the commissioner 53.30 describing the make, model, number of passengers the vehicle is 53.31 designed to transport as determined by the vehicle's 53.32 manufacturer, and license plate and vehicle identification 53.33 number of each vehicle that the registrant will be using in 53.34 those operations for which registration is required. 53.35 Subd. 2. [SIGNATURE REQUIRED.] A form required under this 53.36 section may be signed only by a corporate officer, general 54.1 partner, limited liability company board member, or sole 54.2 proprietor. 54.3 Subd. 3. [AUDIT; INSPECTION.] (a) Within 90 days of 54.4 issuing a new certificate of registration to a carrier under 54.5 this section, and before issuing an annual renewal of a 54.6 certificate of registration, the commissioner shall: 54.7 (1) conduct an audit of the carrier's records; 54.8 (2) inspect the vehicles the carrier uses in its motor 54.9 carrier operation to determine if they comply with the federal 54.10 regulations incorporated in section 221.0314 or accept for 54.11 filing proof that a complete vehicle inspection was conducted 54.12 within the previous one year by a commercial vehicle inspector 54.13 of the department of public safety; 54.14 (3) verify that the carrier has a designated office in 54.15 Minnesota where the books and files necessary to conduct 54.16 business and the records required by this chapter are kept and 54.17 shall be available for inspection by the commissioner; 54.18 (4) audit the carrier's drivers' criminal background and 54.19 safety records; and 54.20 (5) verify compliance with the insurance requirements of 54.21 section 221.141. 54.22 (b) The commissioner and the commissioner of public safety 54.23 shall, through an interagency agreement, coordinate vehicle 54.24 inspection activities to avoid duplication of annual vehicle 54.25 inspections to minimize the burden of compliance on carriers and 54.26 to maximize the efficient use of state resources. 54.27 Subd. 4. [CERTIFICATE OF REGISTRATION; REQUIREMENTS; 54.28 ISSUANCE; DURATION.] (a) The commissioner shall issue a 54.29 certificate of registration to a carrier who (1) does not have 54.30 an unsatisfactory safety rating, (2) has complied with 54.31 subdivisions 1 and 2, (3) has paid the required fee, (4) in the 54.32 case of an annual renewal, has been audited and inspected under 54.33 subdivision 3, and (5) has complied with the financial 54.34 responsibility requirements in section 221.141. 54.35 (b) A photocopy of the carrier's certificate of 54.36 registration must be carried in each vehicle operated under the 55.1 registration and must be made available to the department and 55.2 other law enforcement officials upon request. 55.3 (c) Registration under this section is not assignable or 55.4 transferable and is valid until it expires or is suspended, 55.5 revoked, or canceled, whichever occurs first. A registration is 55.6 valid for one year from the date issued. 55.7 Subd. 5. [SUSPENSION FOR UNSATISFACTORY SAFETY 55.8 RATING.] Following the procedures in section 221.185, the 55.9 commissioner shall immediately suspend the registration of a 55.10 carrier who receives an unsatisfactory safety rating. The 55.11 commissioner shall conduct one follow-up compliance audit to 55.12 determine if the carrier's safety rating should be changed or 55.13 the suspension rescinded within 30 days of receiving a written 55.14 request from the carrier. Additional compliance reviews may be 55.15 conducted at the commissioner's discretion. 55.16 Subd. 6. [ANNUAL RENEWAL.] A carrier registered under this 55.17 section must renew its registration each year on a form 55.18 prescribed by the commissioner. The commissioner shall develop 55.19 and implement an expedited renewal process to minimize the 55.20 burden on motor carriers. 55.21 Subd. 7. [EXEMPTIONS FROM REGULATION.] Notwithstanding any 55.22 other law, motor carriers of passengers are exempt from sections 55.23 221.121; 221.122; 221.123; 221.132; 221.151; 221.161; and 55.24 221.171. 55.25 Sec. 45. Minnesota Statutes 1998, section 221.026, 55.26 subdivision 2, is amended to read: 55.27 Subd. 2. [EXEMPTIONS FROM REQUIREMENTS.] Notwithstanding 55.28 any other law, a motor carrier of property is exempt from 55.29 sections 221.021; 221.041; 221.061; 221.071;221.072; 221.081;55.30 221.121; 221.122; 221.123; 221.131; 221.132; 221.151; 221.161; 55.31 221.172, subdivisions 3 to 8; 221.185, except as provided in 55.32 subdivision 4; and 221.296. The exemptions in this subdivision 55.33 do not apply to a motor carrier of property while transporting 55.34 household goods. 55.35 Sec. 46. Minnesota Statutes 1998, section 221.031, 55.36 subdivision 1, is amended to read: 56.1 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 56.2 This subdivision applies to motor carriers engaged in intrastate 56.3 commerce. 56.4 (b) The commissioner shall prescribe rules for the 56.5 operation of motor carriers, including their facilities; 56.6 accounts; leasing of vehicles and drivers; service; safe 56.7 operation of vehicles; equipment, parts, and accessories; hours 56.8 of service of drivers; driver qualifications; accident 56.9 reporting; identification of vehicles; installation of safety 56.10 devices; inspection, repair, and maintenance; and proper 56.11 automatic speed regulators if, in the opinion of the 56.12 commissioner, there is a need for the rules. 56.13 (c) The commissioner shall direct the repair and 56.14 reconstruction or replacement of an inadequate or unsafe motor 56.15 carrier vehicle or facility. The commissioner may require the 56.16 construction and maintenance or furnishing of suitable and 56.17 proper freight terminals, passenger depots, waiting rooms, and 56.18 accommodations or shelters in a city in this state or at a point 56.19 on the highway traversed which the commissioner, after 56.20 investigation by the department, may deem just and proper for 56.21 the protection of passengers or property. 56.22 (d) The commissioner shall require holders of household 56.23 goods mover permits , charter carrier permits, and regular route56.24 passenger carrier certificatesto file annual and other reports 56.25 including annual accounts of motor carriers, schedules of rates 56.26 and charges, or other data by motor carriers, regulate motor 56.27 carriers in matters affecting the relationship between them and 56.28 the traveling and shipping public, and prescribe other rules as 56.29 may be necessary to carry out the provisions of this chapter. 56.30 (e) A motor carrier subject to paragraph (d) but having 56.31 gross revenues from for-hire transportation in a calendar year 56.32 of less than $200,000 may, at the discretion of the 56.33 commissioner, be exempted from the filing of an annual report, 56.34 if instead the motor carrier files an abbreviated annual report, 56.35 in a form as may be prescribed by the commissioner, attesting 56.36 that the motor carrier's gross revenues did not exceed $200,000 57.1 in the previous calendar year. Motor carrier gross revenues 57.2 from for-hire transportation, for the purposes of this 57.3 subdivision only, do not include gross revenues received from 57.4 the operation of school buses as defined in section 169.01, 57.5 subdivision 6. 57.6 (f) The commissioner shall enforce sections 169.781 to 57.7 169.783. 57.8 (g) The commissioner shall make no rules relating to the57.9 granting, limiting, or modifying of permits or certificates of57.10 convenience and necessity, which are powers granted to the board.57.11 (h) The board may extend the termini of a route or alter or57.12 change the route of a regular route common carrier upon petition57.13 and after finding that public convenience and necessity require57.14 an extension, alteration, or change.57.15 Sec. 47. Minnesota Statutes 1998, section 221.031, 57.16 subdivision 2, is amended to read: 57.17 Subd. 2. [EXEMPTIONS FOR PRIVATE CARRIERS.] This 57.18 subdivision applies to private carriers engaged in intrastate 57.19 commerce. 57.20 (a) Private carriers operating vehicles with a gross 57.21 vehicle weight of more than 10,000 pounds shall comply 57.22 with rules adopted underthose federal regulations incorporated 57.23 by reference in: 57.24 (1) section 221.0314, subdivisions 2 to 5, for driver 57.25 qualifications; 57.26 (2) section 221.0314, subdivision 9, for hours of service 57.27 of drivers; 57.28 (3) section 221.0314, subdivision 6, for driving of motor 57.29 vehicles; 57.30 (4) section 221.0314, subdivision 7, for parts and 57.31 accessories necessary for safe operation; and 57.32 (5) section 221.0314, subdivision 10, for inspection, 57.33 repair, and maintenance ; and. 57.34 (6) this section for leasing of vehicles or vehicles and57.35 drivers.57.36 Private carriers not subject to the rules for driver58.1 qualifications before August 1, 1992, must comply with those58.2 rules on and after August 1, 1994.58.3 (b) The rules for hours of service of drivers do not apply 58.4 to private carriers who are (1) public utilities as defined in 58.5 section 216B.02, subdivision 4; (2) cooperative electric 58.6 associations organized under chapter 308A; (3) telephone 58.7 companies as defined in section 237.01, subdivision 2; or (4) 58.8 engaged in the transportation of construction materials, tools 58.9 and equipment from shop to job site or job site to job site, for 58.10 use by the private carrier in the new construction, remodeling, 58.11 or repair of buildings, structures or their appurtenances. 58.12 (c) The rules for driver qualifications and hours of 58.13 service of drivers do not apply to vehicles controlled by a 58.14 farmer and operated by a farmer or farm employee to transport 58.15 agricultural products, farm machinery, or supplies to or from a 58.16 farm if the vehicle is not used in the operations of a motor 58.17 carrier and not carrying hazardous materials of a type or 58.18 quantity that requires the vehicle to be marked or placarded in 58.19 accordance with section 221.033. 58.20 (d) The rules for driver qualifications do not apply to a 58.21 driver employed by a private carrier while operating a 58.22 lightweight vehicle. 58.23 Sec. 48. Minnesota Statutes 1998, section 221.031, 58.24 subdivision 6, is amended to read: 58.25 Subd. 6. [VEHICLE IDENTIFICATION RULE.] (a) The following 58.26 carriers shall display the carrier's name and address on the 58.27 power unit of each vehicle: 58.28 (1) motor carriers, regardless of the weight of the 58.29 vehicle, except that this requirement does not apply to a 58.30 limousine as defined in section 168.011, subdivision 35, that is 58.31 equipped with "LM" license plates; 58.32 (2) interstate and intrastate private carriers operating 58.33 vehicles with a gross vehicle weight of more than 10,000 pounds; 58.34 and 58.35 (3) vehicles providing transportation described in section 58.36 221.025 with a gross vehicle weight of more than 10,000 pounds 59.1 except those providing transportation described in section 59.2 221.025, clauses (a), (c), and (d). 59.3 Vehicles described in clauses (2) and (3) that are operated 59.4 by farmers or farm employees and have four or fewer axles are 59.5 not required to comply with the vehicle identification rule of 59.6 the commissioner. 59.7 (b) Vehicles subject to this subdivision must show the name 59.8 or "doing business as" name of the carrier operating the vehicle 59.9 and the community and abbreviation of the state in which the 59.10 carrier maintains its principal office or in which the vehicle 59.11 is customarily based. If the carrier operates a leased vehicle, 59.12 it may show its name and the name of the lessor on the vehicle, 59.13 if the lease relationship is clearly shown. If the name of a 59.14 person other than the operating carrier appears on the vehicle, 59.15 the words "operated by" must immediately precede the name of the 59.16 carrier. 59.17 (c) The name and address must be in letters that contrast 59.18 sharply in color with the background, be readily legible during 59.19 daylight hours from a distance of 50 feet while the vehicle is 59.20 stationary, and be maintained in a manner that retains the 59.21 legibility of the markings. The name and address may be shown 59.22 by use of a removable device if that device meets the 59.23 identification and legibility requirements of this subdivision. 59.24 Sec. 49. Minnesota Statutes 1998, section 221.031, 59.25 subdivision 7, is amended to read: 59.26 Subd. 7. [MEDICAL EXAMINER'S CERTIFICATE; CHARTER CARRIER 59.27 DRIVER.] While in the state, the driver for a chartermotor 59.28 carrier of passengers engaged in intrastate commerce who has in 59.29 possession a license with a school bus endorsement under section 59.30 171.321 or rules of the commissioner of public safety is not 59.31 required to have in possession or to present a separate medical 59.32 examiner's certificate otherwise required by Code of Federal 59.33 Regulations, title 49, sections 391.41 to 391.49. 59.34 Sec. 50. Minnesota Statutes 1998, section 221.036, 59.35 subdivision 1, is amended to read: 59.36 Subdivision 1. [ORDER.] The commissioner may issue an 60.1 order requiring violations to be corrected and administratively 60.2 assessing monetary penalties for a violation of (1) section 60.3 221.021; (2) section 221.033, subdivision 2b; (3) section60.4 221.041, subdivision 3; (4) section 221.081; (5)section 60.5 221.151; (6)(4) section 221.171; (7)(5) section 221.141; 60.6 (8)(6) section 221.035, or a material term or condition of a 60.7 license issued under that section; or (7) rules of the board or 60.8 commissioner relating to the transportation of hazardous waste, 60.9 motor carrier operations, insurance, or tariffs and accounting. 60.10 An order must be issued as provided in this section. 60.11 Sec. 51. Minnesota Statutes 1998, section 221.036, 60.12 subdivision 3, is amended to read: 60.13 Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 60.14 commissioner may issue an order assessing a penalty of up to 60.15 $5,000 for all violations of section 221.021; 221.041,60.16 subdivision 3; 221.081;221.141; 221.151; or 221.171, or rules 60.17 of the board or commissioner relating to motor carrier 60.18 operations, insurance, or tariffs and accounting, identified 60.19 during a single inspection, audit, or investigation. 60.20 (b) The commissioner may issue an order assessing a penalty 60.21 up to a maximum of $10,000 for all violations of section 60.22 221.033, subdivision 2b, or 221.035, and rules adopted under 60.23 those sections, identified during a single inspection or audit. 60.24 (c) In determining the amount of a penalty, the 60.25 commissioner shall consider: 60.26 (1) the willfulness of the violation; 60.27 (2) the gravity of the violation, including damage to 60.28 humans, animals, air, water, land, or other natural resources of 60.29 the state; 60.30 (3) the history of past violations, including the 60.31 similarity of the most recent violation and the violation to be 60.32 penalized, the time elapsed since the last violation, the number 60.33 of previous violations, and the response of the person to the 60.34 most recent violation identified; 60.35 (4) the economic benefit gained by the person by allowing 60.36 or committing the violation; and 61.1 (5) other factors as justice may require, if the 61.2 commissioner specifically identifies the additional factors in 61.3 the commissioner's order. 61.4 Sec. 52. Minnesota Statutes 1998, section 221.091, is 61.5 amended to read: 61.6 221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.] 61.7 Subdivision 1. [LOCAL AUTHORITY OVER STREETS AND 61.8 HIGHWAYS.] No provision inSections 221.011 to 221.291 and61.9 221.84 to 221.85 shalldo not authorize the use by anya carrier 61.10 of anya public highway in anya city of the first class in 61.11 violation of anya charter provision or ordinance of suchthe 61.12 city in effect January 1, 1925, unless and except as suchthe 61.13 charter provisionsprovision or ordinance may beis repealed 61.14 after that date ; nor shall. In addition, sections 221.011 to 61.15 221.291 and 221.84 to 221.85 be construed as in any manner61.16 taking from or curtailingdo not (1) curtail the right of anya 61.17 city to reasonably regulate or control the routing, parking, 61.18 speed or thesafety of operation of a motor vehicle operated by 61.19 anya carrier under the terms of those sections, or(2) curtail 61.20 the general police power of any suchthe city over its highways ;61.21 nor shall sections 221.011 to 221.291 and 221.84 to 221.85 be61.22 construed as abrogating, or (3) abrogate any provision of 61.23 the city's charter of any such cityrequiring certain conditions 61.24 to be complied with before sucha carrier can use the highways 61.25 of suchthe city, and suchthese rights and powers herein61.26 statedare herebyexpressly reserved and granted to suchthe 61.27 city ; but. However, no suchcity shall prohibit or deny the use 61.28 of the public highways within its territorial boundaries by any61.29 sucha carrier for transportation oftransporting passengers or 61.30 property received within its boundaries to destinations 61.31 beyond suchthe city's boundaries, or for transportation61.32 oftransporting passengers or property from points beyond such61.33 the city's boundaries to destinations within the samethe city's 61.34 boundaries, or for transportation oftransporting passengers or 61.35 property from points beyond suchthe city's boundaries through 61.36 such municipalitythe city to points beyond the city's 62.1 boundaries of such municipality, where such operationwhen the 62.2 carrier is operating pursuant to a certificate of convenience62.3 and necessityregistration issued by the commissionunder this 62.4 chapter or toa permit issued by the commissioner under section 62.5 221.84 or 221.85. 62.6 Subd. 2. [LOCAL LICENSING OF SMALL VEHICLE PASSENGER 62.7 SERVICE.] A city that licenses and regulates small vehicle 62.8 passenger service must do so by ordinance. The ordinance must, 62.9 at a minimum, provide for driver qualifications, insurance, 62.10 vehicle safety, and periodic vehicle inspections. A city that 62.11 has adopted an ordinance complying with this subdivision may 62.12 enforce the registration requirement in section 221.021. 62.13 Subd. 3. [AUTHORITY OF METROPOLITAN AIRPORTS COMMISSION.] 62.14 Notwithstanding any other law: 62.15 (1) The metropolitan airports commission may regulate 62.16 ground transportation to and from an airport under its 62.17 jurisdiction, subject to the provisions of paragraph (2). The 62.18 authority under this paragraph includes, but is not limited to, 62.19 regulating the number and types of transportation services, 62.20 making concession agreements, and establishing vehicle standards. 62.21 (2) The metropolitan airports commission may regulate small 62.22 passenger vehicles, including taxicabs, serving an airport under 62.23 its jurisdiction only by ordinance. An ordinance adopted under 62.24 this paragraph must at a minimum define taxicabs and provide for 62.25 driver qualifications, insurance, and vehicle safety, and may 62.26 provide for issuance of permits to taxicabs and other small 62.27 passenger vehicles and limits on the number of permits issued. 62.28 An ordinance under this paragraph may not provide for making 62.29 concession agreements relating to small passenger vehicle 62.30 service, including taxicabs. 62.31 Sec. 53. Minnesota Statutes 1998, section 221.122, 62.32 subdivision 1, is amended to read: 62.33 Subdivision 1. [REGISTRATION, INSURANCE, AND FILING 62.34 REQUIREMENTS.] An order issued by the board which grants a 62.35 certificate or permit must contain a service date. The person 62.36 to whom the order granting the certificate or permit is issued 63.1 shall do the following within 45 days from the service date of 63.2 the order: 63.3 (1) register vehicles which will be used to provide 63.4 transportation under the permit or certificate with the 63.5 commissioner and pay the vehicle registration fees required by 63.6 law; 63.7 (2) file and maintain insurance or bond as required by 63.8 sections 221.141 and 221.296 and rules of the commissioner and 63.9 board; and 63.10 (3) file rates and tariffs as required by sections 221.04163.11 andsection 221.161 and rules of the commissioner and board. 63.12 Sec. 54. Minnesota Statutes 1998, section 221.124, is 63.13 amended to read: 63.14 221.124 [INITIAL MOTOR CARRIER CONTACT PROGRAM.] 63.15 Subdivision 1. [INITIAL MOTOR CARRIER CONTACT.] The 63.16 initial motor carrier contact program consists of an initial 63.17 contact, for educational purposes, between a motor carrier 63.18 required to participate and representatives of the department of 63.19 transportation. The initial contact may be through an 63.20 educational seminar or, at the discretion of the department, 63.21 through a personal meetingcontact with a representative of the 63.22 department. The initial contact must consist of a discussion of 63.23 the statutes, rules, and regulations that apply to motor 63.24 carriers. Topics discussed must include: carrier authority;63.25 the leasing of drivers and vehicles;insurance requirements; 63.26 tariffs; annual reports;accident reporting; accident 63.27 countermeasures; identification of vehicles; driver 63.28 qualifications; maximum hours of service of drivers; the safe 63.29 operation of vehicles; equipment, parts, and accessories; and 63.30 inspection, repair, and maintenance. The department shall 63.31 provide written documentation of proof of compliance with the 63.32 requirements of subdivision 2 and shall give a copy of the 63.33 document to the motor carrier. 63.34 Subd. 2. [PARTICIPATION REQUIRED.] A motor carrier 63.35 that receives a certificate or permit fromfirst registers with 63.36 or receives a permit from the board for new authority on64.1 orcommissioner after September 1, 1991January 1, 2000, shall 64.2 participate in the initial motor carrier contact program. A 64.3 motor carrier required to participate in the program must have 64.4 in attendance at least one motor carrier official having a 64.5 substantial interest or control, directly or indirectly, in or 64.6 over the operations conducted or to be conducted under 64.7 the certificatecarrier's registration or permit. 64.8 Subd. 3. [TIME FOR COMPLIANCE.] A motor carrier required 64.9 by subdivision 2 to participate in the program must do so within 64.10 90 days of the service date of the order granting the 64.11 certificate orpermit or within 90 days of registering, unless 64.12 the commissioner extends the time for compliance. Failure to 64.13 comply with the requirement of subdivision 2 makes the order 64.14 granting the certificate orpermit or the carrier's registration 64.15 void upon expiration of the time for compliance. 64.16 Sec. 55. Minnesota Statutes 1998, section 221.131, 64.17 subdivision 2, is amended to read: 64.18 Subd. 2. [ANNUAL VEHICLE REGISTRATION; FEE.] (a) This 64.19 subdivision applies only to holders of household goods mover 64.20 permits and charter carrier permitsmotor carriers of passengers. 64.21 (b) TheA permit holder or motor carrier of passengers 64.22 shall pay an annual registration fee of $40$75 on each vehicle, 64.23 including pickup and delivery vehicles, operated by the holder64.24 carrier under authority of the permit or certificate of 64.25 registration during the 12-month period or fraction of the 64.26 12-month period. Trailers and semitrailers used by a permit 64.27 holder in combination with power units may not be counted as 64.28 vehicles in the computation of fees under this section if the 64.29 permit holder pays the fees for power units. 64.30 (c) The commissioner shall furnish a distinguishing annual 64.31 identification card for each vehicle or power unit for which a 64.32 fee has been paid. The identification card must at all times be 64.33 carried in the vehicle or power unit to which it has been 64.34 assigned. An identification card may be reassigned to another 64.35 vehicle or power unit upon application of the permit holder64.36 carrier and payment of a transfer fee of $10. An identification 65.1 card issued under this section is valid only for the period for 65.2 which the permit or certificate of registration is effective. 65.3 (d) A fee of $10 is charged for the replacement of an 65.4 unexpired identification card that has been lost. 65.5 (e) The proceeds of the fees collected under this 65.6 subdivision must be deposited in the trunk highway fund. 65.7 Sec. 56. Minnesota Statutes 1998, section 221.141, 65.8 subdivision 1, is amended to read: 65.9 Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] (a) 65.10 No motor carrier and no interstate carrier shall operate a 65.11 vehicle until it has obtained and has in effect the minimum 65.12 amount of financial responsibility required by this section. 65.13 Policies of insurance, surety bonds, other types of security, 65.14 and endorsements must be continuously in effect and must remain 65.15 in effect until canceled. Before providing transportation, the 65.16 motor carrier or interstate carrier shall secure and cause to be 65.17 filed with the commissioner and maintain in full effect, a 65.18 certificate of insurance in a form required by the commissioner, 65.19 evidencing public liability insurance in the amount prescribed. 65.20 The insurance must cover injuries and damage to persons or 65.21 property resulting from the operation or use of motor vehicles, 65.22 regardless of whether each vehicle is specifically described in 65.23 the policy. This insurance does not apply to injuries or death 65.24 to the employees of the motor carrier or to property being 65.25 transported by the carrier. The commissioner shall require65.26 cargo insurance for certificated carriers, except those carrying65.27 passengers exclusively. The commissioner may require a permit65.28 carrier to file cargo insurance when the commissioner deems65.29 necessary to protect the users of the service.65.30 (b) Notwithstanding any other provision of this chapter, 65.31 the insurance required of a motor carrier of passengers must be 65.32 at least that amount required of interstate carriers under Code 65.33 of Federal Regulations, title 49, section 387.33, as amended. 65.34 Sec. 57. Minnesota Statutes 1998, section 221.172, 65.35 subdivision 10, is amended to read: 65.36 Subd. 10. [RETAINED THREE YEARS.] A shipping document or 66.1 record described in subdivisionssubdivision 2 to 9or 3, or a 66.2 copy of it, must be retained by the carrier for at least three 66.3 years from the date on the shipping document or record. A 66.4 carrier may keep a shipping record described in subdivisions66.5 subdivision 3 to 9by any technology that prevents the 66.6 alteration, modification, or erasure of the underlying data and 66.7 will enable production of an accurate and unaltered paper copy. 66.8 A carrier shall keep a shipping record in a manner that will 66.9 make it readily accessible and shall have a means of identifying 66.10 and producing a legible paper copy for inspection by the 66.11 commissioner upon request. 66.12 Sec. 58. [221.178] [MOTOR CARRIERS OF PASSENGERS; CRIMINAL 66.13 BACKGROUND CHECK.] 66.14 Subdivision 1. [CARRIER TO CONDUCT BACKGROUND CHECK.] A 66.15 motor carrier of passengers shall conduct, or cause to be 66.16 conducted, an initial background check of a person the carrier 66.17 hires or with whom the carrier contracts whose duties include 66.18 operating a vehicle used to transport passengers. A subsequent 66.19 background check must be conducted every three years. 66.20 Subd. 2. [SCOPE AND PROCEDURES OF CHECK.] Sections 66.21 299C.67, 299C.68, 299C.70, and 299C.71 apply to background 66.22 checks conducted under subdivision 1. For purposes of this 66.23 section, when used in sections 299C.67, 299C.68, 299C.70, and 66.24 299C.71, the term "owner" refers to a motor carrier of 66.25 passengers and the term "manager" refers to a driver. A motor 66.26 carrier of passengers may not use a driver to operate a vehicle 66.27 providing passenger transportation if the background check 66.28 response shows that the driver has been convicted of a 66.29 background check crime defined in section 299C.67, subdivision 66.30 2, paragraph (a) or (b). 66.31 Subd. 3. [RECORDS.] A carrier shall keep a record, 66.32 identified by the employee's name, of a background check 66.33 conducted under this section. A record must be made available 66.34 to the commissioner upon request. 66.35 Subd. 4. [EXCEPTION.] This section does not apply to a 66.36 driver who holds a valid driver's license with a school bus 67.1 endorsement. 67.2 Sec. 59. Minnesota Statutes 1998, section 221.185, 67.3 subdivision 1, is amended to read: 67.4 Subdivision 1. [GROUNDS FOR SUSPENSION.] Despite the 67.5 provisions of section 221.021, authority to operate asa 67.6 household goods mover permit or a motor carrier registration 67.7 issued under sections 221.011 to 221.296section 221.0251 or 67.8 221.0252 is suspended without a hearing, by order of the 67.9 commissioner, for a period not to exceed 45 days upon the67.10 occurrence of any of the following and upon notice of suspension67.11 as provided in subdivision 2:67.12 (a) the motor carrierif the permit holder or carrier fails 67.13 to maintain and file with the commissioner, the insurance or 67.14 bond required by sectionssection 221.141 and 221.296and rules 67.15 of the commissioner;67.16 (b) the motor carrier fails to renew permits as required by67.17 section 221.131;67.18 (c)adopted under that section or the motorcarrier or 67.19 permit holder fails to pay annual vehicle registration fees or 67.20 renew permits as required by sections 221.071,section 221.131, 67.21 and 221.296;or 67.22 (d) the motor carrier fails to maintain in good standing a67.23 protective agent's or private detective's license required under67.24 section 221.121, subdivision 6g, paragraph (b), or 221.153,67.25 subdivision 3the permit holder or carrier fails to pay an 67.26 administrative penalty under section 221.036. 67.27 Sec. 60. Minnesota Statutes 1998, section 221.185, 67.28 subdivision 2, is amended to read: 67.29 Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and 67.30 maintain insurance, renew permits under section 221.131, or to 67.31 pay annual vehicle registration fees or renew permits under 67.32 section 221.071,221.131 ,or 221.296, or to maintain in good 67.33 standing a protective agent's or private detective's license 67.34 required under section 221.121, subdivision 6g, or 221.153, 67.35 subdivision 3, suspends a motor carrier's permit or certificate 67.36 two days after the commissioner sends notice of the suspension 68.1 by certified mail, return receipt requested, to the last known 68.2 address of the motor carrier. 68.3 (b) In order to avoid permanent cancellation of the permit 68.4 or certificate, the motor carrier must do one of the following 68.5 within 45 days from the date of suspension: 68.6 (1) comply with the law by filing insurance or bond, 68.7 renewing permits, or paying vehicle registration fees; or 68.8 (2) request a hearing before the board regarding the 68.9 failure to comply with the law. 68.10 Sec. 61. Minnesota Statutes 1998, section 221.185, is 68.11 amended by adding a subdivision to read: 68.12 Subd. 2a. [NOTICE OF SUSPENSION; EFFECTIVE DATE.] The 68.13 commissioner shall issue a notice of suspension if one of the 68.14 conditions described in subdivision 1 occurs. The notice must 68.15 give the reason for suspension and must be sent to the last 68.16 known address of the carrier by certified mail, return receipt 68.17 requested. A suspension is effective two days after a notice is 68.18 mailed. 68.19 Sec. 62. Minnesota Statutes 1998, section 221.185, 68.20 subdivision 3, is amended to read: 68.21 Subd. 3. [RESCIND SUSPENSION.] If the motor carrier 68.22 complies with the requirements of this chapter within 45 days 68.23 after the date of suspension and pays the required fees, 68.24 including a late vehicle registration fee of $5 for each vehicle 68.25 registered, the commissioner shall rescind the suspension unless 68.26 the carrier's registration has expired. If a registered carrier 68.27 fails to comply within one year of the effective date of a 68.28 suspension, the carrier's registration is canceled. 68.29 Sec. 63. Minnesota Statutes 1998, section 221.185, 68.30 subdivision 4, is amended to read: 68.31 Subd. 4. [FAILURE TO COMPLY, CANCELLATION.] Except as 68.32 provided in subdivision 5a, failure to comply with the 68.33 requirements of sections 221.141 and 221.296 relating to bonds 68.34 and insurance, 221.131 relating to permit renewal, 221.071,68.35 221.131 ,or 221.296 relating to annual vehicle registration or 68.36 permit renewal, 221.121, subdivision 6g, or 221.153, subdivision 69.1 3, relating to protective agent or private detective licensure, 69.2 or to request a hearing within 45 days of the date of 69.3 suspension, is deemed an abandonment of the motor carrier's 69.4 permit or certificate and the permit or certificate must be 69.5 canceled by the commissioner. 69.6 Sec. 64. Minnesota Statutes 1998, section 221.185, 69.7 subdivision 9, is amended to read: 69.8 Subd. 9. [NEW PETITION.] If the holder of a canceled 69.9 permit or certificate seeks authority to operate as a motor 69.10 carrier it shall file a petition with the commissioner for a 69.11 permit or certificate as provided in section 221.061,221.121 ,69.12 or 221.296, whichever is applicable. 69.13 Sec. 65. Minnesota Statutes 1998, section 221.221, 69.14 subdivision 3, is amended to read: 69.15 Subd. 3. [DELEGATED POWERS.] Representatives of the 69.16 department to whom authority has been delegated by the 69.17 commissioner for the purpose of enforcing sections 169.781 to 69.18 169.783 , 221.041,and 221.171 and the rules, orders, or 69.19 directives of the commissioner or board adopted or issued under 69.20 those sections, and for no other purpose, shall have the powers 69.21 conferred by law upon police officers. The representatives of 69.22 the department have the power to inspect records, logs, freight 69.23 bills, bills of lading, or other documents which may provide 69.24 evidence to determine compliance with sections 169.781 to 69.25 169.783 , 221.041,and 221.171. 69.26 Sec. 66. Minnesota Statutes 1998, section 221.291, 69.27 subdivision 4, is amended to read: 69.28 Subd. 4. [OPERATING WITHOUT CERTIFICATEREGISTRATION OR 69.29 PERMIT.] A person who operates a motor carrier without obtaining69.30 required certificates or permits to operate as required by this69.31 chapterfirst registering under section 221.0251 or 221.0252, or 69.32 who operates as a household goods mover without having obtained 69.33 the necessary permit, is guilty of a misdemeanor, and upon 69.34 conviction shall be fined not less than the maximum fine which 69.35 may be imposed for a misdemeanor for each violation. 69.36 Sec. 67. Minnesota Statutes 1998, section 221.55, is 70.1 amended to read: 70.2 221.55 [CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.] 70.3 No person or corporation shall engage in the transportation 70.4 described in section 221.54 without a certificate of public 70.5 convenience and necessity from the board authorizing such 70.6 operation. Such certificate shall be issued by the board 70.7 pursuant to application, notice, and hearing as provided in70.8 sections 221.061 and 221.071, and the issuance of certificates 70.9 and the transportation covered thereby shall be governed by the 70.10 provisions of such sections and by sectionssection 221.031, 70.11 221.041, 221.051 and 221.081,applying to certificated common 70.12 carriers for hire, insofar as such provisions are not 70.13 inconsistent with section 221.54 and this section. 70.14 Sec. 68. Minnesota Statutes 1998, section 296A.18, 70.15 subdivision 3, is amended to read: 70.16 Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal 70.17 years 1998 and, 1999, and 2000, and three-fourths of one percent 70.18 thereafter, of all gasoline received in and produced or brought 70.19 into this state, except gasoline used for aviation purposes, is 70.20 being used as fuel for the operation of snowmobiles in this 70.21 state, and of the total revenue derived from the imposition of 70.22 the gasoline fuel tax for uses other than for aviation purposes, 70.23 one percent in fiscal years 1998, and1999, and 2000, and 70.24 three-fourths of one percent thereafter, of such revenues is the 70.25 amount of tax on fuel used in snowmobiles operated in this state. 70.26 Sec. 69. Minnesota Statutes 1998, section 299A.01, is 70.27 amended by adding a subdivision to read: 70.28 Subd. 1b. [DEPARTMENT ADVERTISING SALES; 70.29 APPROPRIATION.] The commissioner may accept paid advertising for 70.30 departmental publications. Advertising revenues received are 70.31 appropriated to the commissioner to be used to defray costs of 70.32 publications, media productions, or other informational 70.33 materials. The commissioner may not accept paid advertising 70.34 from an elected official or candidate for elective office. 70.35 Sec. 70. Minnesota Statutes 1998, section 360.531, 70.36 subdivision 3, is amended to read: 71.1 Subd. 3. [FIRST YEAR OF LIFE.] "First year of life" means 71.2 the year of model designation of the aircraft, or, if there be71.3 no model designation it shall mean the year of manufactureyear 71.4 the aircraft was manufactured. 71.5 Sec. 71. Minnesota Statutes 1998, section 360.55, 71.6 subdivision 4, is amended to read: 71.7 Subd. 4. [COLLECTOR'S AIRCRAFT; PIONEER LICENSESPECIAL 71.8 PLATES.] (a) For purposes of this subdivision: 71.9 (1) "antique aircraft" means an aircraft constructed by the 71.10 original manufacturer, or its licensee, on or before December 71.11 31, 1945, with the exception of certain pre-World War II 71.12 aircraft models that had only a small post-war production, such 71.13 as Beechcraft Staggerwing, Fairchild 24, and Monocoupe; and 71.14 (2) "classic aircraft" means an aircraft constructed by the 71.15 original manufacturer, or its licensee, on or after January 1, 71.16 1946, and has a first year of life that precedes the date of 71.17 registration by at least 50 years. 71.18 Any(b) If an antique or classic aircraft built by the71.19 original manufacturer prior to December 31, 1939, andis owned 71.20 and operated solely as a collector's item shall be listed, its 71.21 owner may list it for taxation and registration as follows: A 71.22 sworn affidavit shall be executed stating the name and address 71.23 of the owner, the name and address of the person from whom 71.24 purchased, the make of the aircraft, year and model number of 71.25 the aircraft, the federal aircraft registration number, the 71.26 manufacturer's identification number and that the aircraft is 71.27 owned and operated solely as a collector's item and not for 71.28 general transportation or commercial operations purposes. The 71.29 affidavit shall be filed with the commissioner along with a fee 71.30 of $25. 71.31 (c) Upon satisfaction that the affidavit is true and 71.32 correct, the commissioner shall issue to the applicant special 71.33 number plates, decalcomania labels or stamps bearing the 71.34 inscription " PioneerClassic" or "Antique," "Minnesota" and the 71.35 registration number but no date. The special number plates, 71.36 decalcomania labels or stamps are valid without renewal as long 72.1 as the owner operates the aircraft solely as a collector's item. 72.2 (d) Should suchan antique or classic aircraft be operated 72.3 other than as a collector's item, the pioneerspecial number 72.4 plates, decalcomania labels or stamps shall be void and removed, 72.5 and the owner shall list the aircraft for taxation and 72.6 registration in accordance with the other provisions of sections 72.7 360.511 to 360.67. 72.8 (e) Upon the sale of suchan antique or classic aircraft, 72.9 the new owner must list the aircraft for taxation and 72.10 registration in accordance with the provisions of this 72.11 subdivision, (including the payment of a $25 fee )to obtain 72.12 new special plates or payment of a $5 fee to retain and transfer 72.13 the existing special plates to the name of the new owner, or the 72.14 other provisions of sections 360.511 to 360.67, whichever is 72.15 applicable. 72.16 (f) In the event of defacement, loss or destruction of the 72.17 special number plates, decalcomania labels or stamps, and upon 72.18 receiving and filing a sworn affidavit of the aircraft owner 72.19 setting forth the circumstances, together with any defaced 72.20 plates, labels or stamps and a fee of $5, the commissioner shall 72.21 issue replacement plates, labels or stamps. The commissioner 72.22 shall note on the records the issue of replacement number and 72.23 shall proceed to cancel the original plates, labels or stamps. 72.24 Sec. 72. Minnesota Statutes 1998, section 368.01, 72.25 subdivision 12, is amended to read: 72.26 Subd. 12. [TAXIS, HAULERS, CAR RENTERS.] The town board 72.27 may by ordinance license and regulate baggage wagons, dray 72.28 drivers, taxicabs, and automobile rental agencies and liveries. 72.29 At a minimum, an ordinance to license or regulate taxicabs or 72.30 small vehicle passenger service must provide for driver 72.31 qualifications, insurance, vehicle safety, and periodic vehicle 72.32 inspections. 72.33 Sec. 73. [388.151] [UNMARKED VEHICLES; LICENSE PLATES.] 72.34 Vehicles used by county attorneys to investigate 72.35 allegations of criminal wrongdoings, to assist crime victims or 72.36 witnesses, to aid in prosecuting criminal offenses, and for 73.1 other uses consistent with the duties of the county attorney 73.2 which the county attorney elects to operate as unmarked must be 73.3 registered and must display passenger vehicle classification 73.4 license number plates. The registrar of motor vehicles shall 73.5 furnish the license plates at cost upon application and 73.6 certification signed by the county attorney that the vehicles 73.7 will be used exclusively for the purposes authorized by this 73.8 section. 73.9 Sec. 74. Minnesota Statutes 1998, section 412.221, 73.10 subdivision 20, is amended to read: 73.11 Subd. 20. [TAXIS, HAULERS, CAR RENTERS.] The council shall 73.12 have power by ordinance to license and regulate baggage wagons, 73.13 dray drivers, taxicabs, and automobile rental agencies and 73.14 liveries. At a minimum, an ordinance to license or regulate 73.15 taxicabs or small vehicle passenger service must provide for 73.16 driver qualifications, insurance, vehicle safety, and periodic 73.17 vehicle inspections. 73.18 Sec. 75. Minnesota Statutes 1998, section 458A.06, 73.19 subdivision 5, is amended to read: 73.20 Subd. 5. [PROCEEDINGS BEFORE PUBLIC UTILITIES COMMISSION73.21 AND OTHERPUBLIC AUTHORITIES.] The transit commission may 73.22 petition the public utilities commissioncommissioner of 73.23 transportation for changes in rates of operators of public 73.24 transit systems serving the transit area. Upon receipt of such 73.25 petition, the public utilities commissioncommissioner shall 73.26 order a hearing and conduct further proceedings thereonas 73.27 provided by section 221.041, and otherapplicable laws and 73.28 regulationsrules. The transit commission may appear in behalf 73.29 of the public interest in any such proceedings or in any other 73.30 proceeding before the public utilities commissiondepartment of 73.31 transportation, the interstate commerce commissionfederal 73.32 agencies, the courts, or other public authorities involving any 73.33 matter relating to public transit within or affecting the 73.34 transit area. 73.35 Sec. 76. [473.906] [REPORT TO LEGISLATURE.] 73.36 The metropolitan radio board shall report to the 74.1 legislature no later than March 1, 2000, concerning the status 74.2 of the 800-MHz system. The report shall include: projected 74.3 cost of the system; identification of groups of taxpayers or 74.4 persons who pay fees who will pay for each part of the system; 74.5 the number of radios purchased by any government unit; and an 74.6 identification of manufacturers that have agreed to, or are 74.7 expected to respond to requests for proposals to, deliver radios 74.8 to the state or any government unit in connection with the 74.9 800-MHz project. 74.10 Sec. 77. Minnesota Statutes 1998, section 609.671, 74.11 subdivision 5, is amended to read: 74.12 Subd. 5. [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE, 74.13 TRANSPORTATION, OR DELIVERY.] (a) A person is guilty of a felony 74.14 who knowingly does any of the following: 74.15 (1) delivers hazardous waste to any person other than a 74.16 person who is authorized to receive the waste under rules 74.17 adopted under section 116.07, subdivision 4, or under United 74.18 States Code, title 42, sections 6921 to 6938; 74.19 (2) treats or stores hazardous waste without a permit if a 74.20 permit is required, or in violation of a material term or 74.21 condition of a permit held by the person, unless: 74.22 (i) the person notifies the agency prior to the time a 74.23 permit would be required that the person will be treating or 74.24 storing waste without a permit; or 74.25 (ii) for a violation of a material term or condition of a 74.26 permit, the person immediately notifies the agency issuing the 74.27 permit of the circumstances of the violation as soon as the 74.28 person becomes aware of the violation; 74.29 (3) transports hazardous waste to any location other than a 74.30 facility that is authorized to receive, treat, store, or dispose 74.31 of the hazardous waste under rules adopted under section 116.07, 74.32 subdivision 4, or under United States Code, title 42, sections 74.33 6921 to 6938; 74.34 (4) transports hazardous waste without a manifest as 74.35 required by the rules under sectionssection 116.07, subdivision 74.36 4 , and 221.172; or 75.1 (5) transports hazardous waste without a license required 75.2 for the transportation of hazardous waste by chapter 221. 75.3 (b) A person convicted under this subdivision may be 75.4 sentenced to imprisonment for not more than three years, or to 75.5 payment of a fine of not more than $25,000, or both. A person 75.6 convicted for a second or subsequent offense may be sentenced to 75.7 imprisonment for not more than five years, or to payment of a 75.8 fine of not more than $50,000, or both. 75.9 Sec. 78. Laws 1995, chapter 195, article 1, section 18, is 75.10 amended to read: 75.11 Sec. 18. [SUNSET.] 75.12 The metropolitan radio board is abolished effective July 1, 75.13 19992002. Effective July 1, 19992002, the board's duties and 75.14 responsibilities are transferred to the metropolitan council or 75.15 an appropriate state agency, as provided by law, based on the 75.16 reports submitted by the metropolitan council under section 7, 75.17 subdivision 3, of this article. The designated agency is the 75.18 successor to all the property, interests, obligations, and rules 75.19 of the metropolitan radio board. 75.20 Sec. 79. Laws 1998, chapter 404, section 17, subdivision 75.21 3, is amended to read: 75.22 Subd. 3. Transitways 46,500,000 75.23 (a) This appropriation is to match 75.24 federal and local funding for the 75.25 planning, design, engineering, and 75.26 construction of transitways in the 75.27 metropolitan area. 75.28 (b) $40,000,000 is for the preliminary 75.29 engineering, final design, and 75.30 construction of light rail transit in 75.31 the Hiawatha Avenue corridor from 75.32 downtown Minneapolis through 75.33 Minneapolis-St. Paul International 75.34 Airport and the site of the former Met 75.35 Center or surrounding area with a 75.36 terminus in southern Hennepin or 75.37 northern Dakota county. 75.38 The Hiawatha Avenue corridor management 75.39 committee created pursuant to Minnesota 75.40 Statutes, section 473.3994, subdivision 75.41 10, shall establish an advisory 75.42 committee of: 75.43 (1) individuals who reside near the 75.44 proposed corridor; 75.45 (2) representatives of businesses 76.1 located within one mile on either side 76.2 of the corridor; and 76.3 (3) elected officials, including 76.4 legislators, who represent the area in 76.5 which the Hiawatha corridor is located. 76.6 The advisory committee shall advise the 76.7 corridor management committee on issues 76.8 relating to the preliminary 76.9 engineering, final design, and 76.10 construction of light rail facilities, 76.11 including the proposed alignment for 76.12 the corridor. 76.13 (c) The funds in this paragraph must be 76.14 distributed as grants to appropriate 76.15 county regional rail authorities as 76.16 follows: 76.17 (1) $3,000,000 to match federal funding 76.18 for a major investment study, 76.19 engineering, and implementation in the 76.20 Riverview corridor between the east 76.21 side of St. Paul and the 76.22 Minneapolis-St. Paul International 76.23 Airport and the Mall of America; 76.24 (2) $1,500,000 to match federal funding 76.25 for a major investment study, 76.26 engineering, and implementation in the 76.27 Northstar corridor linking downtown 76.28 Minneapolis to the St. Cloud area and 76.29 to study the feasibility: (i) of 76.30 extending the corridor from St. Cloud 76.31 to Little Falls and providing commuter 76.32 rail service within this corridor; and 76.33 (ii) of commuter rail and other 76.34 transportation improvements within the 76.35 corridor; 76.36 (3) $500,000 to study potential transit 76.37 improvements and engineering studies in 76.38 the Cedar Avenue corridor to link the 76.39 Hiawatha, Riverview, and Northstar 76.40 transit corridors with Dakota county; 76.41 and 76.42 (4) $500,000 to develop engineering 76.43 documents for a commuter rail line from 76.44 Minneapolis to downtown St. Paul 76.45 through southern Washington county to 76.46 Hastings. 76.47 The commissioner of transportation, in 76.48 coordination with the North Star 76.49 Corridor Joint Powers Authority and the 76.50 St. Cloud area planning agency, shall 76.51 study the transportation needs within 76.52 the St. Cloud metropolitan area. 76.53 (d) $1,000,000 is available as grants 76.54 to appropriate county regional rail 76.55 authorities to conduct major investment 76.56 studies and to develop engineering 76.57 documents for commuter rail lines in 76.58 the following corridors: 76.59 (1) the Young America corridor from 76.60 Carver county to Minneapolis and St. 76.61 Paul; 77.1 (2) the Bethel corridor linking 77.2 Cambridge with the Northstar corridor 77.3 in Anoka county; 77.4 (3) the Northwest corridor from 77.5 downtown Minneapolis to the Northwest 77.6 suburbs of Hennepin county; and 77.7 (4) other commuter rail corridors 77.8 identified in phase II of the 77.9 department of transportation's commuter 77.10 rail service study, except for the 77.11 corridors identified in paragraph (c). 77.12 The appropriation in this paragraph is 77.13 not available until the completion of 77.14 the commuter rail service study as 77.15 provided in Laws 1997, chapter 159, 77.16 article 2, section 51. The funds may 77.17 be made available only after approval 77.18 by the commissioner of transportation 77.19 of an application submitted by county 77.20 regional rail authorities that is 77.21 consistent with the results of the 77.22 commuter rail service study and 77.23 demonstrates a coordinated 77.24 implementation strategy. 77.25 Sec. 80. [PASSENGER RAIL SERVICE STUDY.] 77.26 The commissioner of transportation shall conduct a study of 77.27 restoring and extending Amtrak rail passenger service to connect 77.28 the Twin Cities, Duluth, and the Iron Range. The study must 77.29 include, among other things: 77.30 (1) the feasibility and desirability of providing the 77.31 service, including connecting the service with potential 77.32 commuter rail and light rail routes identified by the 77.33 commissioner; 77.34 (2) anticipated operating costs, and capital costs if any; 77.35 (3) projected ridership of the service and means to 77.36 maximize ridership; 77.37 (4) examination of alternative rail routes, including track 77.38 improvement issues, condition of depot facilities, travel time, 77.39 and optimal operating schedules; 77.40 (5) analysis of alternative revenue sources, including 77.41 federal TEA-21, regional railroad authorities, and the transport 77.42 of United States mail; and 77.43 (6) examination of successful Amtrak-state-local 77.44 partnerships in several other states, including Washington, 77.45 North Carolina, New York, and California. 77.46 During the course of the study, the various regional railroad 78.1 authorities located along the proposed routes are encouraged to 78.2 cooperate with and provide the commissioner with any requested 78.3 technical assistance. 78.4 The commissioner shall report to the governor and 78.5 legislature on the results of the study not later than February 78.6 1, 2000. 78.7 Sec. 81. [TAXI REGULATION STUDY.] 78.8 The metropolitan council shall study and make 78.9 recommendations to the legislature no later than February 1, 78.10 2000, concerning regulation by a single agency of taxicabs in 78.11 the metropolitan area. 78.12 Sec. 82. [RECOMMENDATIONS.] 78.13 The department of public safety shall review Minnesota 78.14 Statutes, sections 169.48 to 169.66, and any other sections of 78.15 law that relate to vehicle lighting, and shall, on or before 78.16 February 15, 2000, recommend to the legislature modifications in 78.17 the law or administrative procedure to: 78.18 (1) clarify types, colors, brightness, and placement of 78.19 allowable vehicle lighting; 78.20 (2) give adequate notice to the public and to law 78.21 enforcement concerning vehicle lighting that is in violation of 78.22 the law; 78.23 (3) ensure expedient administrative approval or disapproval 78.24 of lighting devices; and 78.25 (4) allow vehicles to display the maximum range of vehicle 78.26 lighting that is consistent with public safety. 78.27 Sec. 83. [REPORT; LARGE URBANIZED TRANSIT SYSTEMS.] 78.28 (a) The legislative auditor is requested to gather 78.29 information and report to the chairs of the house and senate 78.30 committees on transportation policy and finance by October 1, 78.31 1999, on expenditures and amount and sources of revenues, 78.32 including revenues from farebox sources, governmental 78.33 assistance, and contracts, of the Duluth transit authority for 78.34 calendar years 1994 through 1998. 78.35 (b) The commissioner of transportation and the Duluth 78.36 transit authority shall submit to the chairs of the house and 79.1 senate committees on transportation policy and finance no later 79.2 than October 1, 1999, a joint recommendation concerning the 79.3 appropriate percentage of total operating cost to be paid from 79.4 local sources by recipients of large urbanized area transit 79.5 state operating assistance under Minnesota Statutes, section 79.6 174.24, subdivision 3b. 79.7 Sec. 84. [STATE DEVELOPMENT STRATEGY; PROPOSAL.] 79.8 (a) The director of the office of strategic and long-range 79.9 planning shall develop, in coordination with the metropolitan 79.10 council and the commissioners of transportation, trade and 79.11 economic development, and natural resources, a 20-year state 79.12 development strategy. The strategy must include: 79.13 (1) forecasts, issues, goals, and policies relating to 79.14 development and the connection between transportation, land use, 79.15 environmental protection, energy, and economic development; 79.16 (2) an identification of major development and 79.17 transportation corridors in the state; 79.18 (3) an identification of cultural and natural features and 79.19 resources of statewide, regional, and local significance; 79.20 (4) recommendations for coordinated state investments 79.21 necessary to achieve goals and policies in the area of 79.22 infrastructure, including transportation and wastewater 79.23 treatment facilities; 79.24 (5) a description of any legislation or programmatic 79.25 changes necessary to implement the plan; 79.26 (6) recommendation for approaches for coordinating local 79.27 government decisions with the strategy; and 79.28 (7) a process for encompassing the community-based planning 79.29 goals in Minnesota Statutes, section 4A.08, including citizen 79.30 participation and intergovernmental cooperation. 79.31 (b) The director shall submit to the legislature by 79.32 February 15, 2000, an evaluation and proposal for preparing the 79.33 state development strategy based on development of a prototype 79.34 strategy for the I-94 corridor area between the metropolitan 79.35 area and St. Cloud. 79.36 Sec. 85. [CONVERSION OF CERTIFICATES.] 80.1 A motor carrier of passengers with a valid certificate or 80.2 permit issued by the transportation regulation board, public 80.3 service commission, public utilities commission, or commissioner 80.4 of transportation before January 1, 2000, is deemed to have 80.5 registered under Minnesota Statutes, section 221.0252, and the 80.6 commissioner of transportation shall issue a certificate of 80.7 registration to the carrier. A certificate of registration 80.8 issued under this section must include a date between January 1, 80.9 2001, and December 31, 2001, on which it expires. Before a 80.10 certificate of registration expires, after giving notice to the 80.11 carrier, the commissioner shall follow the procedures in 80.12 Minnesota Statutes, section 221.0252, to renew the carrier's 80.13 registration. Minnesota Statutes, section 221.124, does not 80.14 apply to a carrier who is issued a certificate of registration 80.15 under this section. 80.16 Sec. 86. [MOTOR CARRIER SERVICE AT MINNEAPOLIS-ST. PAUL 80.17 INTERNATIONAL AIRPORT.] 80.18 Until July 1, 2000, only a motor carrier with a valid 80.19 certificate, permit, or certificate of registration, issued by 80.20 the transportation regulation board, public service 80.21 commissioner, public utilities commission, or commissioner of 80.22 transportation, or a carrier specifically authorized by the 80.23 metropolitan airports commission, may pick up passengers at the 80.24 Minneapolis-St. Paul International Airport. 80.25 Sec. 87. [UTILITY RELOCATION STUDY.] 80.26 The commissioner of transportation, in consultation with 80.27 representatives of the highway construction and utility 80.28 industries, shall study issues related to relocating or removing 80.29 utilities from highway construction projects. The study must 80.30 include (1) notice given to utilities about construction 80.31 projects that affect utility facilities, and (2) the rights and 80.32 responsibilities of the department of transportation, highway 80.33 construction contractors, and utilities. The commissioner shall 80.34 report by January 15, 2000, to the house and senate committees 80.35 with jurisdiction over transportation policy on recommendations 80.36 for actions by the department or the legislature. 81.1 Sec. 88. [FEDERAL FUNDS.] 81.2 The commissioner of transportation shall take no action 81.3 under section 29 that would result in a loss of federal funds to 81.4 the state. 81.5 Sec. 89. [PUBLIC SAFETY RADIO COMMUNICATION SYSTEM; 81.6 AGREEMENT.] 81.7 Notwithstanding any other law, in order to facilitate 81.8 construction of the initial backbone of the public safety radio 81.9 communication system in the metropolitan area, the commissioner 81.10 of transportation may enter into a contract under which a 81.11 private telecommunications company agrees to (1) construct a 81.12 telecommunications tower acceptable to the commissioner on land 81.13 owned by the Minnesota correctional facility-Lino Lakes and 81.14 leased to the commissioner and the metropolitan radio board, and 81.15 (2) deliver to the commissioner title to the tower, free of all 81.16 encumbrances. The commissioner may accept the tower in exchange 81.17 for allowing the private telecommunications company delivering 81.18 title to the tower to locate telecommunications equipment 81.19 without charge on state-owned buildings or structures under the 81.20 commissioner's jurisdiction and control. The commissioner may 81.21 enter into a contract under this section only with a company 81.22 that responded to a request for proposals issued in August 1998 81.23 by the commissioner of administration for radio tower 81.24 construction. The value of the location of privately owned 81.25 equipment on state-owned buildings or structures for the 81.26 duration of the contract must be similar to the value of the 81.27 tower constructed for the commissioner. A contract authorized 81.28 under this section may be for a term of not more than 20 years. 81.29 Notwithstanding Minnesota Statutes, sections 16A.15 and 16A.41, 81.30 a contract authorized under this section may provide that the 81.31 commissioner will pay for the unamortized cost of the tower if 81.32 the contract is canceled before its expiration. Minnesota 81.33 Statutes, chapters 16B and 16C, do not apply to a contract 81.34 authorized under this section. A contract authorized by this 81.35 section is not valid until approved by the attorney general. 81.36 Sec. 90. [REPORT.] 82.1 The commissioner of public safety shall report to the 82.2 chairs of the senate and house of representatives committees on 82.3 transportation policy and transportation finance on February 15, 82.4 2000, and February 15, 2001, on revenue from the sale of 82.5 advertising in department publications and expenditure of that 82.6 revenue. 82.7 Sec. 91. [INSTRUCTION TO REVISOR.] 82.8 The revisor of statutes shall make cross-reference changes 82.9 in Minnesota Statutes and Minnesota Rules consistent with the 82.10 renumbering of clauses in section 23. 82.11 Sec. 92. [REPEALER.] 82.12 (a) Minnesota Statutes 1998, sections 168.011, subdivision 82.13 36; 168.1281; 221.011, subdivisions 7, 9, 20, 21, 32, and 34; 82.14 221.041; 221.051; 221.061; 221.071; 221.081; 221.121, 82.15 subdivisions 6b and 6h; 221.172, subdivision 9; 221.281; and 82.16 221.85, are repealed. 82.17 (b) Minnesota Statutes 1998, section 473.3998, is repealed. 82.18 Sec. 93. [EFFECTIVE DATE.] 82.19 Sections 21 and 22 are effective the day following final 82.20 enactment, and are repealed on July 31, 2000. Sections 2, 15, 82.21 32, 33, 35 to 67, 72, 74, 75, 77, and 85 are effective January 82.22 1, 2000. Sections 7 to 14 are effective July 1, 2000. Section 82.23 27 is effective July 1, 1999, for Minnesota identification cards 82.24 issued on and after that date. Sections 4, 5, and 30 are 82.25 effective July 1, 2001.