4th Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to appropriations; appropriating money for 1.3 transportation, Metropolitan Council, and public 1.4 safety activities; providing for general contingent 1.5 accounts and tort claims; modifying provision for 1.6 handling state mail; providing for repayment of money 1.7 advanced for highways; modifying vehicle registration 1.8 plate, tax, and fee provisions and providing for 1.9 definitions; modifying motor vehicle, traffic 1.10 regulation, driver's license, and driving record 1.11 provisions relating to commercial motor vehicles; 1.12 proposing amendment to Minnesota Constitution to 1.13 allocate proceeds of tax on sale of motor vehicles; 1.14 increasing or modifying fees for motor vehicle 1.15 transfers and driver and vehicle services; allowing 1.16 state transportation funds to be used for design and 1.17 preliminary engineering of bridges in smaller cities; 1.18 authorizing billing for highway sign program and 1.19 establishing special account; modifying apportionments 1.20 for county state-aid highways; increasing amount 1.21 deductible from county state-aid highway fund for 1.22 administrative costs; modifying traffic regulation 1.23 relating to unimpeded vision from inside vehicles; 1.24 redefining recreational vehicle combination to include 1.25 certain combinations hauling horse trailers and 1.26 related vehicles; increasing maximum gross weight for 1.27 certain vehicles and combinations hauling livestock on 1.28 noninterstate trunk highways; extending exemption for 1.29 milk truck weight limit; modifying driver's license 1.30 and permit provisions; allowing driver's license 1.31 suspension for paying license fees with dishonored 1.32 check; providing a bidding exception for certain 1.33 federally subsidized transit facilities; abolishing 1.34 provision regulating unlawful gasoline sales; 1.35 providing for metropolitan transit operations and 1.36 funding; abolishing bus fare policy provision; 1.37 permitting development of bus rapid transit in Cedar 1.38 Avenue transit corridor; providing for wetland 1.39 replacement near city of Cologne; modifying employment 1.40 status of public safety radio communications 1.41 operators; requiring discontinuance of insurance 1.42 verification sampling program until modified and 1.43 providing remedies for charged violations; 1.44 establishing accounts; setting maximum speed for 1.45 trains in city of Orr; providing for road signs; 1.46 regulating park-and-ride lots; ensuring ethanol 2.1 requirements do not result in loss of federal funds; 2.2 abolishing statewide bicycle registration program; 2.3 requiring studies and reports; requiring a state 2.4 aviation plan; creating an advisory council on 2.5 aviation planning; making technical and clarifying 2.6 revisions; amending Minnesota Statutes 2004, sections 2.7 16B.49; 115A.908, subdivision 1; 161.361, subdivision 2.8 2; 162.06, subdivision 2; 162.07, subdivision 1, by 2.9 adding a subdivision; 162.08, subdivision 3; 168.011, 2.10 subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding 2.11 subdivisions; 168.013, subdivision 8; 168.09, 2.12 subdivision 7; 168.091, subdivision 1; 168.10, 2.13 subdivision 1c; 168.105, subdivisions 2, 3, 5; 168.12; 2.14 168.123; 168.1235; 168.124; 168.125; 168.1255; 2.15 168.127, subdivision 6; 168.128; 168.129; 168.1291; 2.16 168.1293; 168.1296; 168.1297; 168.15, subdivision 1; 2.17 168.16; 168.27, subdivision 11; 168.31, subdivision 5; 2.18 168.33; 168.345, subdivisions 1, 2; 168.381; 168.54, 2.19 subdivisions 4, 5; 168A.152, subdivision 2; 168A.29; 2.20 168A.31; 169.01, subdivisions 75, 76, 78; 169.09, 2.21 subdivision 13; 169.18, subdivision 5; 169.71, 2.22 subdivision 1; 169.81, subdivision 3c; 169.824, 2.23 subdivision 2; 169.851, subdivision 5; 169.86, 2.24 subdivision 5; 169.87, subdivision 4; 169.99, 2.25 subdivision 1b; 169A.52, subdivision 3; 169A.60, 2.26 subdivision 16; 171.01, subdivisions 22, 35, 47, by 2.27 adding a subdivision; 171.02; 171.03; 171.04, 2.28 subdivision 2; 171.05, subdivisions 1, 2; 171.055, 2.29 subdivision 2; 171.06, subdivisions 2, 2a; 171.061, 2.30 subdivision 4; 171.07, subdivision 11; 171.09; 171.12, 2.31 subdivisions 3, 6; 171.13, subdivisions 2, 6, by 2.32 adding a subdivision; 171.165, subdivisions 1, 2, 6; 2.33 171.18, subdivision 1; 171.20, subdivision 4; 171.26; 2.34 171.29, subdivision 2; 171.36; 174.03, by adding a 2.35 subdivision; 174.50, by adding a subdivision; 179A.03, 2.36 subdivision 7; 179A.10, subdivision 2; 297B.09, 2.37 subdivision 1; 469.015, subdivision 4; 473.446, 2.38 subdivision 3; 473.4461; 473F.08, subdivision 3b; 2.39 609.855, by adding a subdivision; proposing coding for 2.40 new law in Minnesota Statutes, chapters 160; 168; 169; 2.41 171; 174; 190; 299A; repealing Minnesota Statutes 2.42 2004, sections 168.011, subdivision 19; 168.012, 2.43 subdivision 12; 168.041, subdivision 11; 168.105, 2.44 subdivision 6; 168.15, subdivision 2; 168.231; 2.45 168.345, subdivisions 3, 4; 168C.01; 168C.02; 168C.03; 2.46 168C.04; 168C.05; 168C.06; 168C.07; 168C.08; 168C.09; 2.47 168C.10; 168C.11; 168C.12; 168C.13; 170.23; 171.12, 2.48 subdivision 8; 171.165, subdivisions 3, 4, 4a, 4b; 2.49 171.185; 473.408, subdivision 1; Minnesota Rules, 2.50 parts 7407.0100; 7407.0200; 7407.0300; 7407.0400; 2.51 7407.0500; 7407.0600; 7407.0700; 7407.0800; 7407.0900; 2.52 7407.1000; 7407.1100; 7407.1200; 7407.1300; 7503.2400; 2.53 7800.0600; 7800.3200, subpart 1; 7805.0700; 8850.6900, 2.54 subpart 20; 8855.0500, subpart 1. 2.55 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.56 ARTICLE 1 2.57 APPROPRIATIONS 2.58 TRANSPORTATION AND OTHER AGENCIES 2.59 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.60 The sums shown in the columns marked "APPROPRIATIONS" are 2.61 appropriated from the general fund, or another named fund, to 2.62 the agencies and for the purposes specified in this article, to 3.1 be available for the fiscal years indicated for each purpose. 3.2 The figures "2006" and "2007," where used in this article, mean 3.3 that the appropriations listed under them are available for the 3.4 year ending June 30, 2006, or June 30, 2007, respectively. If 3.5 the figures are not used, the appropriations are available for 3.6 the year ending June 30, 2006, or June 30, 2007, respectively. 3.7 The term "first year" means the year ending June 30, 2006, and 3.8 the term "second year" means the year ending June 30, 2007. 3.9 SUMMARY BY FUND 3.10 2006 2007 TOTAL 3.11 General $ 80,266,000 $ 81,521,000 $ 161,787,000 3.12 Airports 19,458,000 19,458,000 38,916,000 3.13 C.S.A.H. 441,335,000 453,948,000 895,283,000 3.14 M.S.A.S. 117,048,000 120,841,000 237,889,000 3.15 Special Revenue 44,663,000 43,968,000 88,631,000 3.16 Highway User 8,568,000 8,638,000 17,206,000 3.17 Trunk Highway 1,148,211,000 1,260,498,000 2,408,709,000 3.18 TOTAL $1,859,549,000 $1,988,872,000 $3,848,421,000 3.19 APPROPRIATIONS 3.20 Available for the Year 3.21 Ending June 30 3.22 2006 2007 3.23 Sec. 2. TRANSPORTATION 3.24 Subdivision 1. Total 3.25 Appropriation $1,668,577,000 $1,797,279,000 3.26 The appropriations in this section are 3.27 from the trunk highway fund, except 3.28 when another fund is named. 3.29 Summary by Fund 3.30 2006 2007 3.31 General 16,721,000 16,721,000 3.32 Airports 19,408,000 19,408,000 3.33 C.S.A.H. 441,335,000 453,948,000 3.34 M.S.A.S. 117,048,000 120,841,000 3.35 Trunk Highway 1,074,379,000 1,188,931,000 3.36 The amounts that may be spent from this 3.37 appropriation for each program are 3.38 specified in the following subdivisions. 3.39 Subd. 2. Multimodal Systems 42,647,000 42,647,000 3.40 Summary by Fund 4.1 Airports 19,383,000 19,383,000 4.2 General 16,656,000 16,656,000 4.3 Trunk Highway 6,608,000 6,608,000 4.4 The amounts that may be spent from this 4.5 appropriation for each activity are as 4.6 follows: 4.7 (a) Aeronautics 4.8 20,220,000 20,220,000 4.9 Summary by Fund 4.10 Airports 19,383,000 19,383,000 4.11 Trunk Highway 837,000 837,000 4.12 Except as otherwise provided, the 4.13 appropriations in this subdivision are 4.14 from the state airports fund. 4.15 (1) Airport Development 4.16 and Assistance 4.17 14,298,000 14,298,000 4.18 These appropriations must be spent 4.19 according to Minnesota Statutes, 4.20 section 360.305, subdivision 4. 4.21 Notwithstanding Minnesota Statutes, 4.22 section 16A.28, subdivision 6, funds 4.23 are available for five years after 4.24 appropriation. 4.25 If the appropriation for either year is 4.26 insufficient, the appropriation for the 4.27 other year is available for it. 4.28 Of this state airports fund 4.29 appropriation in Laws 2003, First 4.30 Special Session chapter 19, article 1, 4.31 section 2, subdivision 2, paragraph 4.32 (a), clause (1), $1,900,000 cancels to 4.33 the state airports fund. This 4.34 cancellation is effective the day 4.35 following final enactment. 4.36 (2) Aviation Support and Services 4.37 5,922,000 5,922,000 4.38 Summary by Fund 4.39 Airports 5,085,000 5,085,000 4.40 Trunk Highway 837,000 837,000 4.41 $65,000 the first year and $65,000 the 4.42 second year are for the Civil Air 4.43 Patrol. 4.44 (b) Transit 4.45 17,105,000 17,105,000 4.46 Summary by Fund 5.1 General 16,310,000 16,310,000 5.2 Trunk Highway 795,000 795,000 5.3 The commissioner shall conduct a study 5.4 of the feasibility and potential of 5.5 regular route commuter transit service 5.6 from outside the transit service area 5.7 to inside the transit service area, 5.8 operated by a private entity without 5.9 public financial assistance. The 5.10 commissioner shall conduct the study to 5.11 evaluate the effectiveness of 5.12 incentives to provide such service by a 5.13 private entity, including: (1) income 5.14 tax exemptions; (2) motor vehicle 5.15 registration tax exemptions; (3) motor 5.16 fuel tax exemptions; (4) use of freeway 5.17 and expressway shoulders for bus 5.18 travel; (5) use of existing bus stops 5.19 within the transit service area; and 5.20 (6) other incentives the commissioner 5.21 determines may provide an incentive for 5.22 such service. 5.23 The commissioner shall report on the 5.24 results of the study to the chairs of 5.25 the legislative committees having 5.26 jurisdiction over transportation policy 5.27 and finance by February 15, 2006. 5.28 (c) Freight 5.29 The general fund budget base for this 5.30 activity for the 2008-2009 biennium is 5.31 $15,810,000 each year. 5.32 5,322,000 5,322,000 5.33 Summary by Fund 5.34 General 346,000 346,000 5.35 Trunk Highway 4,976,000 4,976,000 5.36 Subd. 3. State Roads 1,011,958,000 1,124,254,000 5.37 Summary by Fund 5.38 General 9,000 9,000 5.39 Trunk Highway 1,011,949,000 1,124,245,000 5.40 The amounts that may be spent from this 5.41 appropriation for each activity are as 5.42 follows: 5.43 (a) Infrastructure Investment and Planning 5.44 801,247,000 913,543,000 5.45 (1) Infrastructure Investment Support 5.46 168,207,000 168,207,000 5.47 $266,000 the first year and $266,000 5.48 the second year are available for 5.49 grants to metropolitan planning 5.50 organizations outside the seven-county 5.51 metropolitan area. 6.1 $75,000 the first year and $75,000 the 6.2 second year are for a transportation 6.3 research contingent account to finance 6.4 research projects that are reimbursable 6.5 from the federal government or from 6.6 other sources. If the appropriation 6.7 for either year is insufficient, the 6.8 appropriation for the other year is 6.9 available for it. 6.10 $600,000 the first year and $600,000 6.11 the second year are available for 6.12 grants for transportation studies 6.13 outside the metropolitan area to 6.14 identify critical concerns, problems, 6.15 and issues. These grants are available 6.16 (1) to regional development 6.17 commissions, and (2) in regions where 6.18 no regional development commission is 6.19 functioning, to joint powers boards 6.20 established under agreement of two or 6.21 more political subdivisions in the 6.22 region to exercise the planning 6.23 functions of a regional development 6.24 commission, and (3) in regions where no 6.25 regional development commission or 6.26 joint powers board is functioning, to 6.27 the department's district office for 6.28 that region. 6.29 The commissioner shall contract with 6.30 the University of Minnesota Center for 6.31 Transportation Studies for a study of 6.32 the feasibility and effectiveness of a 6.33 remodeled transit system in the 6.34 metropolitan area that incorporates the 6.35 metropolitan freeway system. The study 6.36 must include consideration of a system 6.37 whereby passengers board from a freeway 6.38 median or freeway shoulder, or 6.39 combination thereof. The study must 6.40 include: 6.41 (1) similar studies or projects in 6.42 other states; 6.43 (2) time savings to passengers and 6.44 cost-effectiveness of using transit 6.45 vehicles operating without tracks 6.46 within existing freeway right-of-way; 6.47 and 6.48 (3) feasibility of realignment of the 6.49 existing bus transit system to directly 6.50 feed the transit vehicles operating 6.51 within freeway right-of-way. 6.52 The Center for Transportation Studies 6.53 shall consult with the Metropolitan 6.54 Council on the redesign of the system. 6.55 The Metropolitan Council must provide 6.56 the center with all relevant ridership 6.57 and cost information, and must assist 6.58 and cooperate with the center as 6.59 necessary to complete the study. 6.60 The contract must require the Center 6.61 for Transportation Studies to report on 6.62 the study, with findings and 6.63 recommendations, by June 30, 2006. 7.1 (2) State Road Construction 7.2 576,950,000 680,950,000 7.3 It is estimated that these 7.4 appropriations will be funded as 7.5 follows: 7.6 Federal Highway Aid 7.7 280,000,000 384,000,000 7.8 Highway User Taxes 7.9 296,950,000 296,950,000 7.10 The commissioner of transportation 7.11 shall notify the chair of the 7.12 Transportation Budget Division of the 7.13 senate and the chair of the 7.14 Transportation Finance Committee of the 7.15 house of representatives of any 7.16 significant events that should cause 7.17 these estimates to change. 7.18 This appropriation is for the actual 7.19 construction, reconstruction, and 7.20 improvement of trunk highways including 7.21 consultant usage to support these 7.22 activities. This includes the cost of 7.23 actual payment to landowners for lands 7.24 acquired for highway rights-of-way, 7.25 payment to lessees, interest subsidies, 7.26 and relocation expenses. 7.27 The commissioner may transfer up to 7.28 $15,000,000 each year to the 7.29 transportation revolving loan fund. 7.30 The commissioner may receive money 7.31 covering other shares of the cost of 7.32 partnership projects. These receipts 7.33 are appropriated to the commissioner 7.34 for these projects. 7.35 (3) Highway Debt Service 7.36 40,112,000 46,017,000 7.37 $40,426,000 the first year and 7.38 $48,587,000 the second year are for 7.39 transfer to the state bond fund. If 7.40 this appropriation is insufficient to 7.41 make all transfers required in the year 7.42 for which it is made, the commissioner 7.43 of finance shall notify the Committee 7.44 on State Government Finance of the 7.45 senate and the Committee on Ways and 7.46 Means of the house of representatives 7.47 of the amount of the deficiency and 7.48 shall then transfer that amount under 7.49 the statutory open appropriation. Any 7.50 excess appropriation cancels to the 7.51 trunk highway fund. 7.52 (b) Infrastructure Operations 7.53 and Maintenance 7.54 204,746,000 204,746,000 7.55 (c) Electronic Communications 8.1 5,965,000 5,965,000 8.2 Summary by Fund 8.3 General 9,000 9,000 8.4 Trunk Highway 5,956,000 5,956,000 8.5 $9,000 the first year and $9,000 the 8.6 second year are from the general fund 8.7 for equipment and operation of the 8.8 Roosevelt signal tower for Lake of the 8.9 Woods weather broadcasting. 8.10 Subd. 4. Local Roads 558,383,000 574,789,000 8.11 Summary by Fund 8.12 C.S.A.H. 441,335,000 453,948,000 8.13 M.S.A.S. 117,048,000 120,841,000 8.14 The amounts that may be spent from this 8.15 appropriation for each activity are as 8.16 follows: 8.17 (a) County State Aids 8.18 441,335,000 453,948,000 8.19 This appropriation is from the county 8.20 state-aid highway fund and is available 8.21 until spent. 8.22 (b) Municipal State Aids 8.23 117,048,000 120,841,000 8.24 This appropriation is from the 8.25 municipal state-aid street fund and is 8.26 available until spent. 8.27 If an appropriation for either county 8.28 state aids or municipal state aids does 8.29 not exhaust the balance in the fund 8.30 from which it is made in the year for 8.31 which it is made, the commissioner of 8.32 finance, upon request of the 8.33 commissioner of transportation, shall 8.34 notify the chair of the Transportation 8.35 Finance Committee of the house of 8.36 representatives and the chair of the 8.37 Transportation Budget Division of the 8.38 senate of the amount of the remainder 8.39 and shall then add that amount to the 8.40 appropriation. The amount added is 8.41 appropriated for the purposes of county 8.42 state aids or municipal state aids, as 8.43 appropriate. 8.44 If the appropriation for either county 8.45 state aids or municipal state aids does 8.46 exhaust the balance in the fund from 8.47 which it is made in the year for which 8.48 it is made, the commissioner of finance 8.49 shall notify the chair of the 8.50 Transportation Finance Committee of the 8.51 house of representatives and the chair 8.52 of the Transportation Budget Division 8.53 of the senate of the amount by which 8.54 the appropriation exceeds the balance 9.1 and shall then reduce that amount from 9.2 the appropriation. 9.3 Subd. 5. General Support 9.4 and Services 55,589,000 55,589,000 9.5 Summary by Fund 9.6 General 56,000 56,000 9.7 Airports 25,000 25,000 9.8 Trunk Highway 55,508,000 55,508,000 9.9 The amounts that may be spent from this 9.10 appropriation for each activity are as 9.11 follows: 9.12 (a) Department Support 9.13 38,999,000 38,999,000 9.14 Summary by Fund 9.15 Airports 25,000 25,000 9.16 Trunk Highway 38,974,000 38,974,000 9.17 (b) Buildings 9.18 16,590,000 16,590,000 9.19 Summary by Fund 9.20 General 56,000 56,000 9.21 Trunk Highway 16,534,000 16,534,000 9.22 If the appropriation for either year is 9.23 insufficient, the appropriation for the 9.24 other year is available for it. 9.25 The trunk highway fund budget base for 9.26 this activity in fiscal years 2008 and 9.27 2009 is $12,534,000 each year. 9.28 Subd. 6. Transfers 9.29 (a) With the approval of the 9.30 commissioner of finance, the 9.31 commissioner of transportation may 9.32 transfer unencumbered balances among 9.33 the appropriations from the trunk 9.34 highway fund and the state airports 9.35 fund made in this section. No transfer 9.36 may be made from the appropriation for 9.37 state road construction. No transfer 9.38 may be made from the appropriations for 9.39 debt service to any other appropriation. 9.40 Transfers under this paragraph may not 9.41 be made between funds. Transfers 9.42 between programs must be reported 9.43 immediately to the chair of the 9.44 Transportation Budget Division of the 9.45 senate and the chair of the 9.46 Transportation Finance Committee of the 9.47 house of representatives. 9.48 (b) The commissioner of finance shall 9.49 transfer from the flexible account in 9.50 the county state-aid highway fund 10.1 $5,650,000 the first year and 10.2 $1,480,000 the second year to the 10.3 municipal turnback account in the 10.4 municipal state-aid street fund, 10.5 $10,390,000 the first year to the trunk 10.6 highway fund and $7,380,000 the second 10.7 year to the trunk highway fund, and the 10.8 remainder in each year to the county 10.9 turnback account in the county 10.10 state-aid highway fund. 10.11 Subd. 7. Use of State Road 10.12 Construction Appropriations 10.13 Any money appropriated to the 10.14 commissioner of transportation for 10.15 state road construction for any fiscal 10.16 year before fiscal year 2006 is 10.17 available to the commissioner during 10.18 fiscal years 2006 and 2007 to the 10.19 extent that the commissioner spends the 10.20 money on the state road construction 10.21 project for which the money was 10.22 originally encumbered during the fiscal 10.23 year for which it was appropriated. 10.24 The commissioner of transportation 10.25 shall report to the commissioner of 10.26 finance by August 1, 2005, and August 10.27 1, 2006, on a form the commissioner of 10.28 finance provides, on expenditures made 10.29 during the previous fiscal year that 10.30 are authorized by this subdivision. 10.31 Subd. 8. Contingent Appropriation 10.32 The commissioner of transportation, 10.33 with the approval of the governor after 10.34 review by the Legislative Advisory 10.35 Commission under Minnesota Statutes, 10.36 section 3.30, may transfer all or part 10.37 of the unappropriated balance in the 10.38 trunk highway fund to an appropriation 10.39 (1) for trunk highway design, 10.40 construction, or inspection in order to 10.41 take advantage of an unanticipated 10.42 receipt of income to the trunk highway 10.43 fund or to take advantage of Federal 10.44 Advanced Construction funding, (2) for 10.45 trunk highway maintenance in order to 10.46 meet an emergency, or (3) to pay tort 10.47 or environmental claims. Any transfer 10.48 as a result of the use of Federal 10.49 Advanced Construction funding must 10.50 include an analysis of the effects on 10.51 the long-term trunk highway fund 10.52 balance. The amount transferred is 10.53 appropriated for the purpose of the 10.54 account to which it is transferred. 10.55 Sec. 3. METROPOLITAN COUNCIL 10.56 TRANSIT 58,303,000 59,553,000 10.57 (a) Bus Transit 10.58 54,753,000 54,753,000 10.59 This appropriation is for bus system 10.60 operations. 10.61 The general fund budget base for this 10.62 activity for the 2008-2009 biennium is 11.1 $53,953,000 each year. 11.2 Money received by the council under 11.3 Minnesota Statutes, section 473F.08, 11.4 subdivision 3b, must be used by the 11.5 council to eliminate the council's 11.6 targeted service reductions in the 11.7 2006-2007 biennium. 11.8 The council may not implement those 11.9 reductions in the 2006-2007 biennium. 11.10 The council shall achieve compliance 11.11 with this provision through the use of: 11.12 (1) the appropriations and other 11.13 funding in this paragraph; 11.14 (2) other revenue increases: 11.15 (3) administrative reductions; 11.16 (4) cost-containment measures; and 11.17 (5) operating efficiencies. 11.18 The council may not reduce the Metro 11.19 Mobility service area in the 2006-2007 11.20 biennium. 11.21 The council must charge the fully 11.22 allocated cost of providing transit 11.23 services under any contracts signed 11.24 with private corporations or nonprofit 11.25 organizations sponsoring special 11.26 services or events. 11.27 (b) Rail Operations 11.28 3,550,000 4,800,000 11.29 This appropriation is for operations of 11.30 the Hiawatha LRT line. 11.31 This appropriation is for paying 50 11.32 percent of operating costs for the 11.33 Hiawatha light rail transit line after 11.34 operating revenue and federal funds are 11.35 used for light rail transit operations. 11.36 The remaining operating costs up to a 11.37 maximum of $3,550,000 the first year 11.38 and $4,800,000 the second year are to 11.39 be paid by the Hennepin County Regional 11.40 Rail Authority, using any or all of 11.41 these sources: 11.42 (1) general tax revenues of Hennepin 11.43 County; 11.44 (2) the authority's reserves; and 11.45 (3) taxes levied under Minnesota 11.46 Statutes, section 398A.04, subdivision 11.47 8, notwithstanding any provision in 11.48 that subdivision that limits amounts 11.49 that may be levied for light rail 11.50 transit purposes. 11.51 Of the $1,200,000 realized by the 11.52 council from unanticipated fare revenue 11.53 and cost savings from light rail 11.54 transit operations in 2004-2005, the 12.1 council must transmit one-half to the 12.2 Hennepin County Regional Rail Authority 12.3 and one-half to the general fund by 12.4 June 30, 2005. 12.5 Sec. 4. PUBLIC SAFETY 12.6 Subdivision 1. Total 12.7 Appropriation 136,694,000 131,065,000 12.8 Summary by Fund 12.9 General 5,242,000 5,247,000 12.10 Trunk Highway 73,346,000 73,337,000 12.11 Highway User 8,443,000 8,513,000 12.12 Special Revenue 44,663,000 43,968,000 12.13 Subd. 2. Administration 12.14 and Related Services 9,684,000 9,689,000 12.15 Summary by Fund 12.16 General 2,371,000 2,376,000 12.17 Trunk Highway 5,938,000 5,938,000 12.18 Highway User 1,385,000 1,385,000 12.19 (a) Office of Communications 12.20 385,000 385,000 12.21 Summary by Fund 12.22 General 39,000 39,000 12.23 Trunk Highway 346,000 346,000 12.24 (b) Public Safety Support 12.25 6,855,000 6,860,000 12.26 Summary by Fund 12.27 General 2,241,000 2,246,000 12.28 Trunk Highway 3,248,000 3,248,000 12.29 Highway User 1,366,000 1,366,000 12.30 $375,000 the first year and $380,000 12.31 the second year are for payment of 12.32 public safety officer survivor benefits 12.33 under Minnesota Statutes, section 12.34 299A.44. If the appropriation for 12.35 either year is insufficient, the 12.36 appropriation for the other year is 12.37 available for it. 12.38 $314,000 the first year and $314,000 12.39 the second year are to be deposited in 12.40 the public safety officer's benefit 12.41 account. This money is available for 12.42 reimbursements under Minnesota 12.43 Statutes, section 299A.465. 12.44 $508,000 the first year and $508,000 12.45 the second year are for soft body armor 13.1 reimbursements under Minnesota 13.2 Statutes, section 299A.38. 13.3 $792,000 the first year and $792,000 13.4 the second year are appropriated from 13.5 the general fund for transfer by the 13.6 commissioner of finance to the trunk 13.7 highway fund on December 31, 2005, and 13.8 December 31, 2006, respectively, in 13.9 order to reimburse the trunk highway 13.10 fund for expenses not related to the 13.11 fund. These represent amounts 13.12 appropriated out of the trunk highway 13.13 fund for general fund purposes in the 13.14 administration and related services 13.15 program. 13.16 $610,000 the first year and $610,000 13.17 the second year are appropriated from 13.18 the highway user tax distribution fund 13.19 for transfer by the commissioner of 13.20 finance to the trunk highway fund on 13.21 December 31, 2005, and December 31, 13.22 2006, respectively, in order to 13.23 reimburse the trunk highway fund for 13.24 expenses not related to the fund. 13.25 These represent amounts appropriated 13.26 out of the trunk highway fund for 13.27 highway user tax distribution fund 13.28 purposes in the administration and 13.29 related services program. 13.30 $716,000 the first year and $716,000 13.31 the second year are appropriated from 13.32 the highway user tax distribution fund 13.33 for transfer by the commissioner of 13.34 finance to the general fund on December 13.35 31, 2005, and December 31, 2006, 13.36 respectively, in order to reimburse the 13.37 general fund for expenses not related 13.38 to the fund. These represent amounts 13.39 appropriated out of the general fund 13.40 for operation of the criminal justice 13.41 data network related to driver and 13.42 motor vehicle licensing. 13.43 (c) Technical Support Services 13.44 2,454,000 2,454,000 13.45 Summary by Fund 13.46 General 91,000 91,000 13.47 Trunk Highway 2,344,000 2,344,000 13.48 Highway User 19,000 19,000 13.49 Subd. 3. State Patrol 70,047,000 70,038,000 13.50 Summary by Fund 13.51 General 2,871,000 2,871,000 13.52 Trunk Highway 67,084,000 67,075,000 13.53 Highway User 92,000 92,000 13.54 (a) Patrolling Highways 13.55 60,739,000 60,730,000 14.1 Summary by Fund 14.2 General 37,000 37,000 14.3 Trunk Highway 60,610,000 60,601,000 14.4 Highway User 92,000 92,000 14.5 Of this appropriation, $3,700,000 the 14.6 first year is for the cost of adding 14.7 State Patrol positions. If money 14.8 transferred to the trunk highway fund 14.9 in the first year from the alcohol 14.10 enforcement account in the special 14.11 revenue fund is less than the amount 14.12 specified in this paragraph, the 14.13 commissioner shall make up the 14.14 difference by transferring to the trunk 14.15 highway fund money allocated to the 14.16 commissioner under the federal repeat 14.17 offender transfer program, Public Law 14.18 105-206, section 164. 14.19 (b) Commercial Vehicle Enforcement 14.20 6,474,000 6,474,000 14.21 This appropriation is from the trunk 14.22 highway fund. 14.23 (c) Capitol Security 14.24 2,834,000 2,834,000 14.25 The commissioner may not (1) spend any 14.26 money from the trunk highway fund for 14.27 capitol security, or (2) permanently 14.28 transfer any state trooper from the 14.29 patrolling highways activity to capitol 14.30 security. 14.31 The commissioner may not transfer any 14.32 money (1) appropriated for Department 14.33 of Public Safety administration, the 14.34 patrolling of highways, commercial 14.35 vehicle enforcement, or driver and 14.36 vehicle services to capitol security or 14.37 (2) from capitol security. 14.38 Subd. 4. Driver and Vehicle Services 14.39 50,635,000 50,010,000 14.40 Summary by Fund 14.41 Highway User 6,966,000 7,036,000 14.42 Special Revenue 43,669,000 42,974,000 14.43 (a) Vehicle Services 14.44 23,379,000 23,795,000 14.45 Summary by Fund 14.46 Highway User 6,966,000 7,036,000 14.47 Special Revenue 16,413,000 16,759,000 14.48 This appropriation is from the vehicle 14.49 services operating account in the 15.1 special revenue fund. 15.2 (b) Driver Services 15.3 27,256,000 26,215,000 15.4 This appropriation is from the driver 15.5 services operating account in the 15.6 special revenue fund. 15.7 Subd. 5. Traffic Safety 324,000 324,000 15.8 This appropriation is from the trunk 15.9 highway fund. 15.10 The commissioner of public safety shall 15.11 spend 50 percent of the money available 15.12 to the state under Public Law 105-206, 15.13 section 164, and the remaining 50 15.14 percent must be transferred to the 15.15 commissioner of transportation for 15.16 hazard elimination activities under 15.17 United States Code, title 23, section 15.18 152. 15.19 Subd. 6. Pipeline Safety 994,000 994,000 15.20 This appropriation is from the pipeline 15.21 safety account in the special revenue 15.22 fund. 15.23 Sec. 5. GENERAL CONTINGENT 15.24 ACCOUNTS 375,000 375,000 15.25 Summary by Fund 15.26 Trunk Highway 200,000 200,000 15.27 Highway User 125,000 125,000 15.28 Airports 50,000 50,000 15.29 The appropriations in this section may 15.30 only be spent with the approval of the 15.31 governor after consultation with the 15.32 Legislative Advisory Commission 15.33 pursuant to Minnesota Statutes, section 15.34 3.30. 15.35 If an appropriation in this section for 15.36 either year is insufficient, the 15.37 appropriation for the other year is 15.38 available for it. 15.39 Sec. 6. TORT CLAIMS 600,000 600,000 15.40 To be spent by the commissioner of 15.41 finance. 15.42 This appropriation is from the trunk 15.43 highway fund. 15.44 If the appropriation for either year is 15.45 insufficient, the appropriation for the 15.46 other year is available for it. 15.47 Sec. 7. Minnesota Statutes 2004, section 473F.08, 15.48 subdivision 3b, is amended to read: 15.49 Subd. 3b. [LIVABLE COMMUNITIES FUND.] (a) The Hennepin 16.1 County auditor shall certify the city of Bloomington's interest 16.2 payments for 1987 for the bonds which were sold for highway 16.3 improvements pursuant to Laws 1986, chapter 391, section 2, 16.4 paragraph (g), and which were certified as an addition to the 16.5 city of Bloomington's areawide levy for taxes payable in 1988. 16.6 (b) For taxes payable in 1996 through taxes payable in 16.7 1999, the Hennepin County auditor shall certify the amount 16.8 calculated by subtracting the amount certified under subdivision 16.9 3a from the amount in paragraph (a). For taxes payable in 2000 16.10 and subsequent years, the Hennepin County auditor shall certify 16.11 the amount calculated in paragraph (a). 16.12 (c) The Metropolitan Council may annually certify to the 16.13 Ramsey County auditor the amount calculated under paragraph (b), 16.14 or a lesser amount, but not to exceed $5,000,000, to be used to 16.15 provide funds for (1) the cleanup of polluted lands in the 16.16 metropolitan area, or (2) metropolitan transit operations. 16.17 (d) The amount certified under paragraph (c) shall be 16.18 certified annually by the Ramsey County auditor to the 16.19 administrative auditor as an addition to the Metropolitan 16.20 Council's areawide levy under subdivision 5. 16.21 Sec. 8. Minnesota Statutes 2004, section 609.855, is 16.22 amended by adding a subdivision to read: 16.23 Subd. 8. [SURCHARGE.] Notwithstanding any other law, a 16.24 person who violates subdivision 1 while riding or attempting to 16.25 ride in a light rail transit vehicle is assessed an additional 16.26 surcharge of $20. Surcharges collected under this subdivision 16.27 must be transmitted to the Metropolitan Council and spent by the 16.28 council solely on light rail transit operations. 16.29 ARTICLE 2 16.30 PUBLIC SAFETY ACTIVITIES, FEES, ACCOUNTS 16.31 Section 1. Minnesota Statutes 2004, section 16B.49, is 16.32 amended to read: 16.33 16B.49 [CENTRAL MAILING SYSTEM.] 16.34 (a) The commissioner shall maintain and operate for state 16.35 agencies, departments, institutions, and offices a central mail 16.36 handling unit. Official, outgoing mail for units in St. Paul 17.1 must be delivered unstamped to the unit. The unit shall also 17.2 operate an interoffice mail distribution system. The department 17.3 may add personnel and acquire equipment that may be necessary to 17.4 operate the unit efficiently and cost-effectively. Account must 17.5 be kept of the postage required on that mail, which is then a 17.6 proper charge against the agency delivering the mail. To 17.7 provide funds for the payment of postage, each agency shall make 17.8 advance payments to the commissioner sufficient to cover its 17.9 postage obligations for at least 60 days. For purposes of this 17.10 section, the Minnesota State Colleges and Universities is a 17.11 state agency. 17.12 (b) Notwithstanding paragraph (a) or section 16C.09, the 17.13 commissioner may approve the performance of mail-related 17.14 functions by an agency outside the state's central mail-handling 17.15 unit if the agency demonstrates it furthers program 17.16 effectiveness, better use of services, greater efficiency, or 17.17 greater economy in state government. 17.18 Sec. 2. Minnesota Statutes 2004, section 115A.908, 17.19 subdivision 1, is amended to read: 17.20 Subdivision 1. [FEE CHARGED.] A fee of$4$8 shall be 17.21 charged on the initial registration and each subsequent transfer 17.22 of title within the state, other than transfers for resale 17.23 purposes, of every motor vehicle weighing more than 1,000 17.24 pounds. The fee shall be collectedin an appropriate mannerby 17.25 themotor vehicle registrarcommissioner of public safety. 17.26 Registration plates or certificates of title may not be issued 17.27 by themotor vehicle registrarcommissioner of public safety for 17.28 the ownership or operation of a motor vehicle subject to the 17.29 transfer fee unless the fee is paid. The fee may not be charged 17.30 on the transfer of: 17.31 (1) previously registered vehicles if the transfer is to 17.32 the same person; 17.33 (2) vehicles subject to the conditions specified in section 17.34 297A.70, subdivision 2; or 17.35 (3) vehicles purchased in another state by a resident of 17.36 another state if more than 60 days have elapsed after the date 18.1 of purchase and the purchaser is transferring title to this 18.2 state and has become a resident of this state after the purchase. 18.3 Sec. 3. Minnesota Statutes 2004, section 168.011, is 18.4 amended by adding a subdivision to read: 18.5 Subd. 2a. [COMMISSIONER.] "Commissioner" means the 18.6 commissioner of the Department of Public Safety. 18.7 Sec. 4. Minnesota Statutes 2004, section 168.013, 18.8 subdivision 8, is amended to read: 18.9 Subd. 8. [PROCEEDS TO HIGHWAY USER FUND; VEHICLE SERVICES 18.10 OPERATING ACCOUNT.] (a) Unless otherwise specified in this 18.11 chapter, the net proceeds of the registration tax imposedon18.12motor vehiclesunder this chaptershallmust be collected by the 18.13registrar of motor vehicles andcommissioner, paid into the 18.14 state treasury, and credited to the highway user tax 18.15 distribution fund. 18.16 (b) All fees collected under this chapter, unless otherwise 18.17 specified, must be deposited in the vehicle services operating 18.18 account in the special revenue fund under section 299A.705. 18.19 Sec. 5. Minnesota Statutes 2004, section 168.09, 18.20 subdivision 7, is amended to read: 18.21 Subd. 7. [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 18.22 (a) A vehicle that displays a special plate issued under section 18.23 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 18.24 168.124; 168.125; 168.126; 168.128; or 168.129, may display a 18.25 temporary permit in conjunction with expired registration if: 18.26 (1) the current registration tax and all other fees have 18.27 been paid in full; and 18.28 (2) the plate requires replacement under section 168.12, 18.29 subdivision 1, paragraph(b)(d), clause (3). 18.30 (b) A vehicle that is registered under section 168.10 may 18.31 display a temporary permit in conjunction with expired 18.32 registration, with or without a registrationlicenseplate, if: 18.33 (1) thelicenseplates have been applied for and the 18.34 registration tax has been paid in full, as provided for in 18.35 section 168.10; and 18.36 (2) the vehicle is used solely as a collector vehicle while 19.1 displaying the temporary permit and not used for general 19.2 transportation purposes. 19.3 (c) The permit is valid for a period of 60 days. The 19.4 permit must be in aformformat prescribed by the commissioner 19.5of public safetyand whenever practicable must be posted upon 19.6 the driver's side of the rear window on the inside of the 19.7 vehicle. The permit is valid only for the vehicle for which it 19.8 was issued to allow a reasonable time for the newlicenseplates 19.9 to be manufactured and delivered to the applicant. 19.10 Sec. 6. Minnesota Statutes 2004, section 168.105, 19.11 subdivision 2, is amended to read: 19.12 Subd. 2. [AFFIDAVIT FOR REGISTRATION AND TAXATION.] (a) A 19.13 classic motorcycle must belisted for taxationtaxed and 19.14registrationregistered byexecutedthe vehicle owner submitting 19.15 an affidavit to the commissioner stating (1) the name and 19.16 address of the owner, (2) the name and address of the person 19.17 from whom purchased, (3) the make of the classic motorcycle, (4) 19.18 the year and number of the model, (5) the manufacturer's vehicle 19.19 identification number, (6) that the motorcycle is owned and 19.20 operated solely as a collector's item and will not be used for 19.21 general transportation purposes, and (7) that the owner has one 19.22 or more motor vehicles with regularlicenseplates. 19.23 (b) When theregistrarcommissioner is satisfied that the 19.24 affidavit is true, correct, and complete andthatthe owner has 19.25 paid a $10 registration tax, theregistrarcommissioner shall 19.26list the vehicle for taxation and registrationregister the 19.27 vehicle andshallissue specialnumberplates. 19.28 Sec. 7. Minnesota Statutes 2004, section 168.105, 19.29 subdivision 3, is amended to read: 19.30 Subd. 3. [SPECIALCLASSIC PLATES.] Theregistrar19.31 commissioner shall issuenumberplates of the same size as 19.32 standard motorcyclelicenseplates and inscribed "collector" and 19.33 "Minnesota" with the registration number or other combination of 19.34 characters authorized under section 168.12, subdivision 2a, but 19.35 without a date. The plates are valid without renewal as long as 19.36 the classic motorcycle exists and may be issued for the 20.1 applicant's use only for the classic motorcycle. Theregistrar20.2 commissioner may revoke the plates for noncompliance with this 20.3 subdivision. 20.4 Sec. 8. Minnesota Statutes 2004, section 168.105, 20.5 subdivision 5, is amended to read: 20.6 Subd. 5. [ORIGINAL PLATES.] (a) Instead of being 20.7 issuedspecialclassic motorcycle plates, a classic motorcycle 20.8 registered under this section may display original Minnesota 20.9numberplates issued in the same year as the model year of the 20.10 motorcycle on which they are displayed. The numberofon the 20.11 original plates must be provided to theregistrarcommissioner. 20.12 (b) Original Minnesotanumberplates may not be used if the 20.13 number on the original plate is identical to the number on a 20.14 current collector's plate issued by theregistrarcommissioner. 20.15 (c)A person currently using classic motorcycle plates20.16issued under this section, shall return those plates to the20.17registrar before substituting original plates.20.18(d)If the vehicle is not registered as a collector 20.19 vehicle, theregistrar maycommissioner shall charge a fee of 20.20 $10 for registering the number on the original plates. 20.21 Sec. 9. Minnesota Statutes 2004, section 168.12, is 20.22 amended to read: 20.23 168.12 [LICENSEPLATES.] 20.24 Subdivision 1. [NUMBERPLATES; DESIGN, VISIBILITY, PERIODS 20.25 OF ISSUANCE.] (a) Theregistrarcommissioner, upontheapproval 20.26 and payment, shall issue to the applicant thenumberplates 20.27 required bylawthis chapter, bearing the state name andthean 20.28 assigned vehicle registration numberassigned. The number 20.29 assigned by the commissioner may be a combination of a letter or 20.30 sign with figures. The color of the plates and the color of the 20.31 abbreviation of the state name and the number assignedshall20.32 must be in marked contrast. The platesshallmust be lettered, 20.33 spaced, or distinguished to suitably indicate the registration 20.34 of the vehicle according to the rules of theregistrar, and20.35 commissioner. 20.36 (b) When a vehicle is registered on the basis of total 21.1 gross weight, the plates issuedshallmust clearly indicate by 21.2 letters or other suitable insignia the maximum gross weight for 21.3 which the tax has been paid.These number21.4 (c) The platesshallmust be so treated as to be at least 21.5 100 times brighter than the conventional painted number plates. 21.6 When properly mounted on an unlighted vehicle,these numberthe 21.7 plates, when viewed from a vehicle equipped with standard 21.8 headlights,shallmust be visible for a distance of not less 21.9 than 1,500 feet and readable for a distance of not less than 110 21.10 feet. 21.11(b)(d) Theregistrarcommissioner shall issuethese21.12numberplates for the following periods: 21.13 (1) Newnumberplates issued pursuant to section 168.012, 21.14 subdivision 1,shallmust be issued to a vehicle for as long as 21.15itthe vehicle is owned by the exempt agency and the plate shall 21.16 not be transferable from one vehicle to another but the plate 21.17 may be transferred with the vehicle from one tax-exempt agency 21.18 to another. 21.19 (2) Plates issued for passenger automobilesas defined in21.20section 168.011, subdivision 7, shallmust be issued for a 21.21 seven-year period. All plates issued under this paragraph must 21.22 be replaced if they are seven years old or older at the time 21.23 ofannualregistration renewal or will become so during the 21.24 registration period. 21.25 (3)NumberPlates issued under sections 168.053 and 168.27, 21.26 subdivisions 16 and 17,shallmust be for a seven-year period. 21.27 (4)NumberPlates issued under subdivisions 2c and 2d and 21.28 section 168.123shallmust be issued for the life of the veteran 21.29 under section 169.79. 21.30 (5) Plates for any vehicle not specified in clauses (1) to 21.31 (3), except for trailers as hereafter provided,shallmust be 21.32 issued for the life of the vehicle. Beginning withnumber21.33 plates issued for the year 1981, plates issued for trailers with 21.34 a total gross weight of 3,000 pounds or lessshallmust be 21.35 issued for the life of the trailer andshallmust be not more 21.36 than seven inches in length and four inches in width. 22.1(c)(e) In a year in which plates are not issued, the 22.2registrarcommissioner shall issue for each registration atab22.3orsticker to designate the year of registration. Thistab or22.4 stickershallmust show thecalendaryear or years for which the 22.5 sticker is issued, and is valid only for that period. 22.6 Thenumberplates,number tabs, orand stickers issued for a 22.7motorvehicle may not be transferred to anothermotorvehicle 22.8 during the period for whichitthe sticker is issued, except 22.9 when issued for amotorvehicle registered under section 168.187. 22.10(d) Notwithstanding(f) Despite any other provision of this 22.11 subdivision,numberplates issued to a vehiclewhich isused for 22.12 behind-the-wheel instruction in a driver education course in a 22.13 public school may be transferred to another vehicle used for the 22.14 same purpose without payment of any additional fee. The 22.15registrar shall be notifiedpublic school shall notify the 22.16 commissioner of each transfer ofnumberplates under this 22.17 paragraphand. The commissioner may prescribe aformformat for 22.18 notification. 22.19 Subd. 2. [AMATEUR RADIO LICENSEE; SPECIAL PLATES.] (a)Any22.20 The commissioner shall issue amateur radio plates to an 22.21 applicant who: 22.22 (1) is an owneror joint ownerof a passenger automobile,22.23van or pickup truck,ora self-propelledrecreational motor 22.24 vehicle, and; 22.25 (2) is a resident of this state, and who; 22.26 (3) holds an official amateur radio station license,or a 22.27 citizens radio service class D license, in good standing, issued 22.28 by the Federal Communications Commissionshall upon compliance; 22.29 (4) pays the registration tax required under section 22.30 168.013; 22.31 (5) pays a fee of $10 for each set of special plates and 22.32 any other fees required by this chapter; and 22.33 (6) complies withall laws of this state relating tothis 22.34 chapter and rules governing the registration of motor vehicles 22.35 andthelicensing ofmotor vehicles anddrivers, be furnished22.36with license plates for the motor vehicle, as prescribed by law,23.1upon which,; 23.2 (b) In lieu of thenumbersregistration number required for 23.3 identification under subdivision 1,shall be inscribedthe 23.4 plates must indicate the official amateur call letters of the 23.5 applicant, as assigned by the Federal Communications Commission, 23.6 and the words "AMATEUR RADIO." 23.7The applicant shall pay in addition to the registration tax23.8required by law, the sum of $10 for the special license plates,23.9and at the time of delivery of the special license plates the23.10applicant shall surrender to the registrar the current license23.11plates issued for the motor vehicle.23.12 (c) This provision for the issue of speciallicenseplates 23.13shall applyapplies only if the applicant's motor vehicle is 23.14 already registered in Minnesota so that the applicant has valid 23.15 regular Minnesota plates issued for that motor vehicle under 23.16 which to operate it during the time that it will take to have 23.17 the necessary speciallicenseplates made. 23.18 (d) If owningor jointly owningmore than one motor vehicle 23.19 of the type specified in this subdivision, the applicant may 23.20 apply for special plates for each of not more than two motor 23.21 vehicles,and, if each application complies with this 23.22 subdivision, theregistrarcommissioner shall furnish the 23.23 applicant with the special plates,inscribed withindicating the 23.24 official amateur call letters and other distinguishing 23.25 information as theregistrarcommissioner considers necessary, 23.26 for each of the two motor vehicles. 23.27 (e)AndTheregistrarcommissioner may make reasonable 23.28 rules governing the use of the speciallicenseplates as will 23.29 assure the full compliance by the ownerand holderof the 23.30 special plates, with all existing laws governing the 23.31 registration of motor vehicles,and the transfer andtheuse 23.32thereofof the plates. 23.33(b)(f) Despite any contrary provision of subdivision 1, 23.34 the speciallicenseplates issued under this subdivision may be 23.35 transferred by an owner to another motor vehicle listed in 23.36 paragraph (a) and registered to the same owner, upon the payment 24.1 of a fee of $5. Theregistrarcommissioner must be notifiedof24.2 before the transfer and may prescribe aformformat for the 24.3 notification. 24.4(c) Fees collected under this subdivision must be paid into24.5the state treasury and credited to the highway user tax24.6distribution fund.24.7 Subd. 2a. [PERSONALIZED PLATES; RULES.] (a) The 24.8 commissioner shall issue personalizedlicenseplatesmust be24.9issuedto an applicantfor registration ofwho: 24.10 (1) is an owner of a passenger automobile including a 24.11 passenger automobile registered as a classic car, pioneer car, 24.12 collector car, or street rod;van; pickup truck as defined in24.13section 168.011, subdivision 29, andanyothertruck with a 24.14 manufacturer's nominal rated capacity of one ton or less and 24.15 resembling a pickup truck; a motorcycle, including a classic 24.16 motorcycle; orself-propelleda recreational motor vehicle, upon24.17compliance with the laws of this state relating to registration24.18of the vehicle and upon payment of; 24.19 (2) pays a onetime fee of $100in addition toand any other 24.20 fees required by this chapter; 24.21 (3) pays the registration tax required bylawthis chapter 24.22 for the motor vehicle; and 24.23 (4) complies with this chapter and rules governing 24.24 registration of motor vehicles and licensing of drivers. 24.25 (b) Theregistrarcommissioner shalldesignatecharge a 24.26 replacement fee for personalized license platesthat is24.27calculated to cover the cost of replacementas specified in 24.28 subdivision 5. This fee must be paid by the applicant whenever 24.29 the personalizedlicenseplates are required to be replaced by 24.30 law. 24.31 (c) In lieu of thenumbersregistration number assigned as 24.32 provided in subdivision 1, personalizedlicenseplates must have 24.33 imprinted on them a series of not more than seven numbers and 24.34 letters in any combination. When an applicant has once obtained 24.35 personalized plates, the applicant shall have a prior claim for 24.36 similar personalized plates in the next succeeding year as long 25.1 as current motor vehicle registration is maintained. 25.2 (d) The commissionerof public safetyshall adopt rules in 25.3 the manner provided by chapter 14, regulating the issuance and 25.4 transfer of personalizedlicenseplates. No words or 25.5 combination of letters placed on personalizedlicenseplates may 25.6 be used for commercial advertising, be of an obscene, indecent, 25.7 or immoral nature, or be of a nature that would offend public 25.8 morals or decency. The call signals or letters of a radio or 25.9 television station are not commercial advertising for the 25.10 purposes of this subdivision. 25.11(b) Notwithstanding(e) Despite the provisions of 25.12 subdivision 1, personalizedlicenseplates issued under this 25.13 subdivision may be transferred to another motor vehicleowned or25.14jointlylisted in paragraph (a) and owned by the applicant, upon 25.15 the payment of a fee of $5, which must be paid into the state25.16treasury and credited to the highway user tax distribution fund. 25.17 (f) Theregistrarcommissioner may by ruleprovide a form25.18 specify the format for notification. 25.19 (g) A personalizedlicenseplate issued for a classic car, 25.20 pioneer car, collector car, street rod, or classic motorcycle 25.21 may not be transferred to a vehicle not eligible for such 25.22 alicenseplate. 25.23(c) Notwithstanding(h) Despite any law to the contrary, if 25.24 the personalized license plates are lost, stolen, or destroyed, 25.25 the applicant may apply andshall receivemust be issued 25.26 duplicate license plates bearing the same combination of letters 25.27 and numbers as the former personalized plates upon the payment 25.28 of the fee required by section 168.29. 25.29(d) Fees from the sale of permanent and duplicate25.30personalized license plates must be paid into the state treasury25.31and credited to the highway user tax distribution fund.25.32 Subd. 2b. [FIREFIGHTERS; SPECIAL PLATES.] (a) The 25.33registrarcommissioner shall issue speciallicenseplates to any 25.34 applicant who: 25.35 (1) is both a member of a fire department receiving state 25.36 aid under chapter 69 and an owneror joint ownerof a passenger 26.1 automobile, or truck with a manufacturer's nominal rated 26.2 capacity of one ton and resembling a pickup truck, upon payment26.3of; 26.4 (2) pays a fee of $10 andupon payment ofany other fees 26.5 required by this chapter; 26.6 (3) pays the registration tax required bylawthis chapter 26.7 for the motor vehicleand compliance with other laws of this26.8state relating to; and 26.9 (4) complies with this chapter and rules governing the 26.10 registration of motor vehicles and licensing ofmotor vehicles26.11anddrivers. 26.12 (b) In lieu of the identification required under 26.13 subdivision 1, the speciallicenseplatesshall be inscribed26.14with a symbolmust bear an emblem of a Maltese Cross together 26.15 withfiveany numbers or characters prescribed by the 26.16 commissioner. No applicant shall receive more than two sets of 26.17 plates for motor vehiclesowned or jointlyowned by the 26.18 applicant. 26.19(b)(c) Special plates issued under this subdivision may 26.20 only be used during the period that the owneror joint ownerof 26.21 the motor vehicle is a member of a fire department as specified 26.22 in this subdivision. When thepersonindividual to whom the 26.23 special plates were issued is no longer a member of a fire 26.24 department or when the motor vehicle ownership is transferred, 26.25 the owner shall remove the speciallicenseplatesshall be26.26removedfrom the motor vehicleand returned to the registrar. 26.27 Uponreturnremoval of the special plates, either the owner or 26.28 purchaser of the motor vehicle is entitled to receive regular 26.29 plates for the motor vehicle without cost for the remainder of 26.30 the registration period for which the special plates were issued. 26.31 (d) Firefighter license plates issued pursuant to this 26.32 subdivision may be transferred to another motor vehicle upon 26.33 payment of a $5, whichfeeshall be paid into the state treasury26.34and credited to the highway user tax distribution fund. 26.35(c)(e) The commissionerof public safetymay adopt rules 26.36 under the Administrative Procedure Act, sections 14.001 to 27.1 14.69, to govern the issuance and use of the special plates 27.2 authorized in this subdivision.All fees from the sale of27.3special license plates for firefighters shall be paid into the27.4state treasury and credited to the highway user tax distribution27.5fund.27.6 Subd. 2c. [NATIONAL GUARD; SPECIAL PLATES.] (a) The 27.7registrarcommissioner shall issue speciallicenseplates to any 27.8 applicant who: 27.9 (1) is a regularly enlisted, commissioned, or retired 27.10 member of the Minnesota National Guard, other than an inactive 27.11 member who is not a retired member, and is an owneror joint27.12ownerof a passenger automobile, van, or pickup truck included27.13within the definition of a passenger automobile upon payment of; 27.14 (2) pays a fee of $10, payment ofand any other fees 27.15 required by this chapter; 27.16 (3) pays the registration tax required bylaw, and27.17compliance with other laws of this state relating tothis 27.18 chapter; and 27.19 (4) complies with this chapter and rules governing the 27.20 registration of motor vehicles and licensing ofmotor vehicles27.21anddrivers. 27.22 (b) The adjutant general shall design the emblem for these 27.23 special plates subject to the approval of theregistrar27.24 commissioner.No27.25 (c) An applicantshallmust not be issued more than two 27.26 sets of plates for motor vehiclesowned or jointly owned by27.27 registered to the applicant.The adjutant general shall27.28estimate the number of special plates that will be required and27.29submit the estimate to the registrar.27.30(b)(d) Special plates issued under this subdivision may 27.31 only be used during the period that the owneror joint ownerof 27.32 the motor vehicle is an active or retired member of the 27.33 Minnesota National Guard as specified in this subdivision. When 27.34 thepersonindividual to whom the special plates were issued is 27.35 no longer an active or retired member of the Minnesota National 27.36 Guard, the special plates must be removed from the vehicleand28.1returned toby theregistrarowner. Uponreturnremoval of 28.2 the special plates, either the owner or purchaser of the motor 28.3 vehicle is entitled to receive regular plates for the motor 28.4 vehicle without cost for the remainder of the registration 28.5 period for which the special plates were issued. 28.6 (e) While the person is an active or retired member of the 28.7 Minnesota National Guard, plates issued pursuant to this 28.8 subdivision may be transferred to another motor vehicle ownedor28.9jointly ownedby thatpersonindividual upon payment of a fee of 28.10 $5. 28.11(c)(f) For purposes of this subdivision, "retired member" 28.12 meansa personan individual placed on the roll of retired 28.13 officers or roll of retired enlisted members in the Office of 28.14 the Adjutant General under section 192.18 and who is not 28.15 deceased. 28.16(d) All fees collected under the provisions of this28.17subdivision shall be paid into the state treasury and credited28.18to the highway user tax distribution fund.28.19(e)(g) Theregistrarcommissioner may adopt rules under 28.20 the Administrative Procedure Act to govern the issuance and use 28.21 of the special plates authorized by this subdivision. 28.22 Subd. 2d. [READY RESERVE; SPECIAL PLATES.] (a) The 28.23registrarcommissioner shall issue speciallicenseplates to an 28.24 applicant who: 28.25 (1) is not eligible for speciallicenseNational Guard 28.26 plates under subdivision 2c,whois a member of the United 28.27 States Armed Forces Ready Reserve as described in United States 28.28 Code, title 10, section 10142 or 10143, and is an owneror joint28.29ownerof a passenger automobile, van, or pickup truck, on28.30paying; 28.31 (2) pays a fee of $10, payingand any other fees required 28.32 by this chapter; 28.33 (3) pays the registration tax required bylaw, and28.34complying with other laws of this state relating tothis 28.35 chapter; and 28.36 (4) complies with this chapter and rules governing the 29.1 registration of motor vehicles and licensing ofmotor vehicles29.2anddrivers. 29.3 (b) The commissioner of veterans affairs shall design the 29.4 emblem for these special plates subject to the approval of the 29.5registrarcommissioner.No29.6 (c) An applicantmaymust not be issued more than two sets 29.7 of plates for motor vehicles ownedor jointly ownedby the 29.8 applicant.The commissioner of veterans affairs shall estimate29.9the number of special plates that will be required and submit29.10the estimate to the registrar.29.11(b)(d) Special plates issued under this subdivision may 29.12 only be used during the period that the owneror joint ownerof 29.13 the motor vehicle is a member of the ready reserve. When the 29.14personowner is no longer a member, the special plates must be 29.15 removed from the motor vehicleand returned to the registrarby 29.16 the owner. Onreturningremoving the special plates, either the 29.17 owner or purchaser of the motor vehicle is entitled to receive 29.18 regular plates for the motor vehicle without cost for the rest 29.19 of the registration period for which the special plates were 29.20 issued. While thepersonowner is a member of the ready 29.21 reserve, plates issued under this subdivision may be transferred 29.22 to another motor vehicle ownedor jointly ownedby thatperson29.23 individual on paying a fee of $5. 29.24(c) The fees collected under this subdivision must be paid29.25into the state treasury and credited to the highway user tax29.26distribution fund.29.27(d)(e) Theregistrarcommissioner may adopt rules under 29.28 the Administrative Procedure Act to govern the issuance and use 29.29 of the special plates authorized by this subdivision. 29.30 Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL 29.31 PLATES.] (a) Theregistrarcommissioner shall issue special 29.32 license plates to an applicant who: 29.33 (1) is a volunteer ambulance attendant as defined in 29.34 section 144E.001, subdivision 15, andwho owns or jointlyowns a 29.35 motor vehicle taxed as a passenger automobile. The registrar29.36shall issue the special plates on payment of; 30.1 (2) pays the registration tax required bylawthis chapter 30.2 for the motor vehicle, compliance with all other applicable laws30.3relating to; 30.4 (3) pays a fee of $10 and any other fees required by this 30.5 chapter; and 30.6 (4) complies with this chapter and rules governing the 30.7 registration of motor vehicles and licensing ofmotor vehicles30.8anddrivers, and payment of an additional fee of $10. 30.9 (b) Theregistrarcommissioner shall not issue more than 30.10 two sets of these plates to each qualified applicant. 30.11(b) A person(c) An individual may use special plates 30.12 issued under this subdivision only during the period that 30.13 thepersonindividual is a volunteer ambulance attendant. When 30.14 thepersonindividual to whom the special plates were issued 30.15 ceases to be a volunteer ambulance attendant, theperson30.16 individual shallreturnremove each set of special plates issued 30.17to that person. When ownership ofathe motor vehicle is 30.18 transferred, thepersonindividual shall remove the special 30.19 plates from that motor vehicleand return them to the30.20registrar. Onreturnremoval of each set of plates, the owner 30.21 of the motor vehicle, or new owner in case of a 30.22 transferred motor vehicle, is entitled to receive 30.23 regularlicenseplates for the motor vehicle without cost for 30.24 the rest of the registration period for which the set of special 30.25 plates were issued. Special plates issued under this 30.26 subdivision may be transferred to another motor vehicle owned by 30.27 the volunteer ambulance attendant on payment of a fee of $5. 30.28(c) The fees specified in this subdivision must be paid30.29into the state treasury and deposited in the highway user tax30.30distribution fund.30.31 (d) The commissioner may adopt rules governing the design, 30.32 issuance, and sale of the special plates authorized by this 30.33 subdivision. 30.34 Subd. 2f. [ORIGINAL LICENSE PLATES.] (a) On application of 30.35 the owner and in lieu of issuinglicenseplates under 30.36 subdivision 1 to a motor vehicle registered and taxed as a 31.1 passenger automobile, theregistrarcommissioner may assign to 31.2 the motor vehicle original Minnesotanumberregistration plates 31.3 issued in the same year as the model year of the motor vehicle, 31.4 if (1) the originallicenseplates are at least 20 years old, 31.5 (2) the owner of the motor vehicle has the originallicense31.6 plates in possession at the time of the application, and (3) the 31.7 owner provides thelicenseplate number to theregistrar31.8 commissioner. 31.9 (b)LicensePlates displayed under this subdivision, 31.10 includingtabs andstickers applied to the plates, must be 31.11 clearly legible and must be displayedat the front and rear of31.12 on the motor vehicle. 31.13 (c) Theregistrarcommissioner shall not assign the 31.14 registration number on the originallicenseplates to the motor 31.15 vehicle if theregistrarcommissioner determines that the number 31.16 on the original plate is identical to the number on anycurrent31.17licenseplate in the current or reserved numbering system used 31.18 by theregistrarcommissioner.A person currently using license31.19plates issued by the registrar on the vehicle shall return those31.20license plates to the registrar before displaying original31.21license plates under this subdivision.31.22 (d)NotwithstandingDespite subdivision 1, an original 31.23licenseplate whose number has been assigned under this 31.24 subdivision may be displayed for as long as thelicenseplates, 31.25 including tabs and stickers on the plates, are clearly 31.26 legible and the number is not subsequently used by the 31.27 commissioner as a plate number in a registration numbering 31.28 system. 31.29 (e)NotwithstandingDespite subdivision 1, originallicense31.30 plates assigned under this subdivision need not bear a tab or 31.31 sticker to indicate the month or year of registration if 31.32 the motor vehicle carries the registration certificate issued 31.33 under section 168.11 at all times when the motor vehicle is 31.34 operated on the public highways. 31.35 (f) Theregistrarcommissioner may charge a fee for 31.36 receiving an application and assigning originallicenseplate 32.1 numbers. 32.2 Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee 32.3 otherwise authorized or any tax otherwise imposed upon anymotor32.4 vehicle, the payment of which is required as a condition to the 32.5 issuance of anynumber licenseplate or plates, the commissioner 32.6of public safetyshall impose the fee specified in paragraph (b) 32.7 that is calculated to cover the cost of manufacturing and 32.8 issuing thelicenseplate or plates, except forlicenseplates 32.9 issued to disabled veterans as defined in section 168.031 and 32.10licenseplates issued pursuant to section 168.124, 168.125, or 32.11 168.27, subdivisions 16 and 17, for passenger automobiles. The 32.12 commissioner shall issue graphic designlicenseplatesshall32.13 onlybe issuedfor vehicles registered pursuant to section 32.14 168.017 and recreational vehicles registered pursuant to section 32.15 168.013, subdivision 1g. 32.16 (b) Unless otherwise specified or exempted by statute, the 32.17 following plate and validation sticker fees apply for the 32.18 original, duplicate, or replacement issuance of a plate in a 32.19 plate year: 32.20 Sequential Regular Double Plate $ 4.25 32.21 Sequential Special Plate-Double $ 7.00 32.22 Sequential Regular Single Plate $ 3.00 32.23 Sequential Special Plate-Single $ 5.50 32.24 Utility Trailer Self-Adhesive Plate $ 2.50 32.25 Nonsequential Double Plate $14.00 32.26 Nonsequential Single Plate $10.00 32.27 Duplicate Sticker $ 1.00 32.28(c) Fees collected under this subdivision must be paid into32.29the state treasury and credited to the highway user tax32.30distribution fund.32.31 Sec. 10. Minnesota Statutes 2004, section 168.123, is 32.32 amended to read: 32.33 168.123 [VETERANS; SPECIALLICENSEPLATES.] 32.34 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 32.35 payment of a fee of $10 for each set of two plates, or for a 32.36 single plate in the case of a motorcycle plate, payment of the 33.1 registration tax required by law, and compliance with other laws 33.2 relating to the registration and licensing of a passenger 33.3 automobile,pickup truck, van, self-propelledrecreational 33.4equipmentmotor vehicle, or motorcycle, as applicable, 33.5 theregistrarcommissioner shall issue: 33.6 (1) speciallicenseveteran's plates to an applicant who 33.7 served in the active military service in a branch of the armed 33.8 forces of the United States or of a nation or society allied 33.9 with the United States in conducting a foreign war, was 33.10 discharged under honorable conditions, and isan owner or joint33.11 a registered owner of a passenger automobile, pickup truck, van,33.12 orself-propelledrecreationalequipmentmotor vehicle; or 33.13 (2) a veteran's special motorcyclelicenseplate as 33.14 described in subdivision 2, paragraph (a), or another 33.15 speciallicenseplate designed by the commissionerof public33.16safetyto an applicant who is a Vietnam veteran who served after 33.17 July 1, 1961, and before July 1, 1978, and who served in the 33.18 active military service in a branch of the armed forces of the 33.19 United States in conducting a foreign war, was discharged under 33.20 honorable conditions, and isan owner or jointa registered 33.21 owner of a motorcycle. Plates issued under this clause must be 33.22 the same size asstandardregular motorcyclelicenseplates. 33.23 (b) The additional fee of $10 is payable for each set 33.24 of veteran's plates, is payable only when the plates are issued, 33.25 and is not payable in a year in whichtabs orstickers are 33.26 issued instead ofnumberplates. An applicant must not be 33.27 issued plates for more than twosets of plates formotor 33.28 vehicles listed in paragraph (a) andowned or jointly owned by33.29 registered to the applicant. 33.30 (c) The veteranshallmust have a certified copy of the 33.31 veteran's discharge papers, indicating character of discharge, 33.32 at the time of application. If an applicant served in the 33.33 active military service in a branch of the armed forces of a 33.34 nation or society allied with the United States in conducting a 33.35 foreign war and is unable to obtain a record of that service and 33.36 discharge status, the commissioner of veterans affairs may 34.1 certify the applicant as qualified for the veterans'license34.2 plates provided under this section. 34.3 Subd. 2. [DESIGN.] The commissioner of veterans affairs 34.4 shall design the emblem for the veterans' special plates, 34.5 subject to the approval of theregistrarcommissioner, that 34.6 satisfy the following requirements: 34.7 (a) For a Vietnam veteran who served after July 1, 1961, 34.8 and before July 1, 1978, the special plates must bear the 34.9 inscription "VIETNAM VET" and the letters "V" and "V" with the 34.10 first letter directly above the second letter and both letters 34.11 just preceding the first numeral of the speciallicenseplate 34.12 number. 34.13 (b) For a veteran stationed on the island of Oahu, Hawaii, 34.14 or offshore, during the attack on Pearl Harbor on December 7, 34.15 1941, the special plates must bear the inscription "PEARL HARBOR 34.16 SURVIVOR" and the letters "P" and "H" with the first letter 34.17 directly above the second letter and both letters just preceding 34.18 the first numeral of the speciallicenseplate number. 34.19 (c) For a veteran who served during World War I or World 34.20 War II, thespecialplates must bear the inscription "WORLD WAR 34.21 VET" and: 34.22 (1) for a World War I veteran, the characters "W" and "I" 34.23 with the first character directly above the second character and 34.24 both characters just preceding the first numeral of the special 34.25licenseplate number; or 34.26 (2) for a World War II veteran, the characters "W" and "II" 34.27 with the first character directly above the second character and 34.28 both characters just preceding the first numeral of the special 34.29licenseplate number. 34.30 (d) For a veteran who served during the Korean Conflict, 34.31 the special plates must bear the inscription "KOREAN VET" and 34.32 the letters "K" and "V" with the first letter directly above the 34.33 second letter and both letters just preceding the first numeral 34.34 of the speciallicenseplate number. 34.35 (e) For a combat wounded veteran who is a recipient of the 34.36 purple heart medal, thespecialplates must bear the inscription 35.1 "COMBAT WOUNDED VET" andinscribed withhave a facsimile on an 35.2 emblem of the official purple heart medal and the letters "C" 35.3 over "W" with the first letter directly over the second letter 35.4 just preceding the first numeral of the speciallicenseplate 35.5 number. 35.6 (f) For a Persian Gulf War veteran, thespecialplates must 35.7 bear the inscription "GULF WAR VET" and the letters "G" and "W" 35.8 with the first letter directly above the second letter and both 35.9 letters just preceding the first numeral of the speciallicense35.10 plate number. For the purposes of this section, "Persian Gulf 35.11 War veteran" means a person who served on active duty after 35.12 August 1, 1990, in a branch of the armed forces of the United 35.13 States or United Nations during Operation Desert Shield, 35.14 Operation Desert Storm, or other military operation in the 35.15 Persian Gulf area combat zone as designated in United States 35.16 Presidential Executive Order No. 12744, dated January 21, 1991. 35.17 (g) For a veteran who served in the Laos War after July 1, 35.18 1961, and before July 1, 1978, the special plates must bear the 35.19 inscription "LAOS WAR VET" and the letters "L" and "V" with the 35.20 first letter directly above the second letter and both letters 35.21 just preceding the first numeral of the speciallicenseplate 35.22 number. 35.23Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans35.24affairs shall estimate the number of special plates that will be35.25required and submit the estimate to the registrar.35.26 Subd. 4. [PLATES TRANSFER.] (a) On payment of a fee of $5, 35.27 plates issued under subdivision 1, paragraph (a), clause (1), 35.28 may be transferred to another passenger automobile, pickup35.29truck, van,orself-propelledrecreationalequipment owned or35.30jointly owned bymotor vehicle registered to theperson35.31 individual to whom the plates were issued. 35.32 (b) On payment of a fee of $5, a plate issued under 35.33 subdivision 1, paragraph (a), clause (2), may be transferred to 35.34 another motorcycleowned or jointly owned byregistered to the 35.35personindividual to whom the plate was issued. 35.36Subd. 5. [FEES CREDITED.] Fees collected under this36.1section must be paid into the state treasury and credited to the36.2highway user tax distribution fund.36.3 Subd. 6. [RULES.] Theregistrarcommissioner may adopt 36.4 rules under the Administrative Procedure Act to govern the 36.5 issuance and use of the special plates authorized by this 36.6 section. 36.7 Sec. 11. Minnesota Statutes 2004, section 168.1235, is 36.8 amended to read: 36.9 168.1235 [VETERANS SERVICEGROUPS; SPECIAL STICKERSGROUP 36.10 EMBLEMS.] 36.11 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a)On36.12payment of a fee of $10 for each set of two license plates,36.13payment of the registration tax required by law, and compliance36.14with other laws relating to the registration and licensing of a36.15passenger automobile, pickup truck, van, or self-propelled36.16recreational vehicle, as applicable,Theregistrarcommissioner 36.17 shall issue a speciallicenseplatestickeremblem for each 36.18 plate to an applicant who: 36.19 (1) is a member of a congressionally chartered veterans 36.20 service organization and isan owner or jointa registered owner 36.21 of a passenger automobile, pickup truck, van, or self-propelled 36.22 recreational vehicle; 36.23 (2) pays the registration tax required by law; 36.24 (3) pays a fee of $10 for each set of two plates, and any 36.25 other fees required by this chapter; and 36.26 (4) complies with this chapter and rules governing the 36.27 registration of motor vehicles and licensing of drivers. 36.28 (b) The additional fee of $10 is payable at the time of 36.29 initial application for the speciallicenseplatestickers36.30 emblem and when thelicenseplates must be replaced or renewed. 36.31 An applicant must not be issued more than two sets of special 36.32licenseplatestickersemblems for motor vehicles listed in 36.33 paragraph (a) andowned or jointly owned byregistered to the 36.34 applicant. 36.35 (c) Thecommissioner of veterans affairs shall determine36.36what documentation is required by each applicant to show that37.1the applicant is a member of a congressionally chartered37.2veterans service organization and is entitled to the special37.3license plate stickersapplicant must present a valid card 37.4 indicating membership in the American Legion, Disabled American 37.5 Veterans, or Veterans of Foreign Wars. 37.6 Subd. 2. [DESIGN.] (a) The commissioner of veterans 37.7 affairs, after consultation with each of the congressionally 37.8 chartered veterans service organizations, shall design the 37.9 speciallicenseplatestickersemblems, subject to the approval 37.10 of theregistrarcommissioner. The emblem, symbol, or other37.11pictorial representation on the stickermust be at least as 37.12 large as the letters and numerals on the plate and theregistrar37.13 commissioner shall allow for plates with spaces for thestickers37.14 emblem in place of a numeral or letter. 37.15 (b) Each congressionally chartered veterans service 37.16 organization must arrange for any applicable rules of the 37.17 national organization to be changed or copyrights to be released 37.18 before the commissioner may issue speciallicense plate stickers37.19 emblems to members of any particular service organization under 37.20 this section. 37.21Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans37.22affairs shall estimate the number of special plate stickers that37.23will be required and submit the estimate to the registrar.37.24 Subd. 4. [PLATESTICKERSEMBLEM TRANSFER.]Notwithstanding37.25 Despite section 168.12 or other law to the contrary, on payment 37.26 of a fee of $5, the veterans service organization special plate 37.27stickersemblems issued under subdivision 1, may be transferred 37.28 by the owner to otherlicenseplates on a passenger automobile, 37.29 pickup truck, van, or self-propelled recreational vehicleowned37.30or jointly owned byregistered to the person to whom the 37.31stickersemblems were issued. 37.32Subd. 5. [FEES CREDITED.] Fees collected under this37.33section must be paid into the state treasury and credited to the37.34highway user tax distribution fund.37.35 Sec. 12. Minnesota Statutes 2004, section 168.124, is 37.36 amended to read: 38.1 168.124 [SPECIAL PLATES FOR MEDAL OF HONOR RECIPIENTS.] 38.2 Subdivision 1. [ISSUANCE AND DESIGN.] (a) Theregistrar of38.3motor vehiclescommissioner shall issue speciallicenseplates 38.4 bearing the inscription "MEDAL OF HONOR" to an applicant who: 38.5 (1) is a recipient of the Congressional Medal of Honorand38.6upon the applicant's compliance with the laws of this state38.7relating to; 38.8 (2) is a registered owner of a passenger automobile, 38.9 motorcycle, or recreational motor vehicle; and 38.10 (3) complies with this chapter and rules governing the 38.11 registration of motor vehicles and licensing ofmotor vehicles38.12anddrivers. 38.13 (b) The speciallicenseplates must be of a design and size 38.14 determined by theregistrarcommissioner. Only one set of 38.15 plates, or a single plate in the case of a motorcycle, bearing 38.16 the inscription "MEDAL OF HONOR" may be issued for each 38.17 qualified applicant. 38.18 Subd. 2. [APPLICATION.] Application for issuance of these 38.19 plates may be made only at the time of renewal or first 38.20 application for registration. 38.21 Subd. 3. [NO FEE.] Theregistrarcommissioner shall issue 38.22 a set of medal of honor plates to qualified applicants free of 38.23 charge and the plates must be replacedby the departmentwithout 38.24 charge if they become damaged. In addition, no fee may be 38.25 charged for a subsequent year whentabs orstickers are issued 38.26 forthata motor vehicle listed in subdivision 1 on which the 38.27specialmedal of honor plates are placed. The motor vehicle 38.28 must be for personal use, not commercial purposes. 38.29 Subd. 4. [TRANSFER.] Despite the provisions of section 38.30 168.12, subdivision 1, medal of honor plates issued under this 38.31 section may be transferred to another personal motor vehicle 38.32owned or jointly owned byregistered to the medal of honor 38.33 recipient upon notification to theregistrar of motor vehicles38.34 commissioner. 38.35Subd. 5. [MOTOR VEHICLE; SPECIAL DEFINITION.] For purposes38.36of this section, "motor vehicle" means a vehicle for personal39.1use, not used for commercial purposes, and may include a39.2passenger automobile, van, pickup truck, motorcycle, or39.3recreational vehicle.39.4Subd. 6. [WHEN ISSUED.] The registrar of motor vehicles39.5shall begin issuing medal of honor plates for the calendar year39.61984 and thereafter.39.7 Sec. 13. Minnesota Statutes 2004, section 168.125, is 39.8 amended to read: 39.9 168.125 [SPECIALLICENSEPLATES FOR FORMER PRISONERS OF 39.10 WAR.] 39.11 Subdivision 1. [ISSUANCE AND DESIGN.] (a) Theregistrar39.12 commissioner shall issue speciallicenseplates bearing the 39.13 inscription "EX-POW" to any applicant who: 39.14 (1) is both a former prisoner of war andan owner or joint39.15 a registered owner of a passenger automobile, motorcycle, or 39.16 recreational motor vehicleupon the applicant's compliance with39.17all the laws of this state relating to; and 39.18 (2) complies with this chapter and rules governing the 39.19 registration of motor vehicles and licensing ofmotor vehicles39.20anddrivers. 39.21 (b) The speciallicenseplatesshallmust be of a design 39.22 and size to be determined by the commissioner. Only one set of 39.23 plates, or a single plate in the case of a motorcycle, bearing 39.24 the "EX-POW" inscription may be issued foronly one motor39.25vehicle pereach qualified applicant. 39.26 Subd. 1a. [APPLICATION.] Application for issuance of these 39.27 platesshallmust be made at the time of renewal or first 39.28 application for registration. The applicationshallmust 39.29 include a certification by the commissioner of veterans affairs 39.30 that the applicant was a member of the military forces of the 39.31 United States who was captured, separated, and incarcerated by 39.32 an enemy of the United States during a period of armed conflict. 39.33 Subd. 1b. [NO FEE.] Theregistrarcommissioner shall issue 39.34 a set of EX-POW plates, or a single plate for a motorcycle, to 39.35 qualified applicants, free of chargefor the cost of the plates, 39.36 and shall replace them without charge if they become damaged. 40.1 In addition, no fee may be charged for a subsequent year 40.2 whentabs orstickers are issued for that motor vehicle on which 40.3 thespecialEX-POW plates are placed. 40.4 Subd. 1c. [PLATES TRANSFER.]NotwithstandingDespite the 40.5 provisions of section 168.12, subdivision 1, the speciallicense40.6 plates issued under this section may be transferred to another 40.7 motor vehicleowned or jointly owned byregistered to the former 40.8 prisoner of war upon notification to theregistrar of motor40.9vehiclescommissioner. 40.10 Subd. 1d. [SURVIVING SPOUSE.] Upon the death of a former 40.11 prisoner of war, theregistrarcommissioner shall continue to 40.12 issue free of charge, upon renewal, the speciallicenseplates 40.13 to a motor vehicle owned by the surviving spouse of the former 40.14 prisoner of war. Speciallicenseplates issued to a surviving 40.15 spouse may be transferred to another motor vehicleowned by40.16 registered to the surviving spouse as provided in subdivision 40.17 1c. No fee may be charged for replacement plates issued to a 40.18 surviving spouse or fortabs orstickers issued for the motor 40.19 vehicle on which the special "EX-POW" plates are placed. A 40.20 surviving spouse is not exempt from the motor vehicle 40.21 registration tax. 40.22Subd. 1e. [MOTOR VEHICLE; SPECIAL DEFINITION.] For40.23purposes of this section, "motor vehicle" means a passenger40.24automobile, van, pickup truck, motorcycle, or recreational40.25vehicle.40.26 Subd. 2. [SPECIALPLATES; EX-POW AND DISABILITY 40.27INSIGNIAEMBLEMS.] Theregistrarcommissioner shall issue 40.28 speciallicenseplates bearing both the "EX-POW" and 40.29 disabilityinsigniaemblem to any applicant who is entitled to 40.30 the speciallicenseplates provided under this section and who 40.31 is also entitled to speciallicenseplates for the physically 40.32 disabled under section 168.021 upon compliance with the 40.33 provisions of both sections. Thespecial licenseplatesshall40.34 must be of a design and sizeto bedetermined by the 40.35 commissioner. 40.36 Subd. 3. [RULES; COMMISSIONER OF PUBLIC SAFETY.] The 41.1 commissioner of public safety maypromulgateadopt by rule, in 41.2 accordance withthe provisions ofchapter 14, the procedures for 41.3 issuance or transfer of the speciallicenseplates authorized 41.4 under this section. 41.5 Subd. 4. [RULES; COMMISSIONER OF VETERANS AFFAIRS.] The 41.6 commissioner of veterans affairs shall establish the procedure 41.7 for obtaining the certification of former prisoner of war status. 41.8 Subd. 5. [SAVINGS PROVISION.] Nothing in this section 41.9shall alteralters the exemption for disabled war veterans 41.10 provided for in section 168.031. 41.11 Sec. 14. Minnesota Statutes 2004, section 168.1255, is 41.12 amended to read: 41.13 168.1255 [SPECIALVETERAN CONTRIBUTIONLICENSEPLATES.] 41.14 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] 41.15 Theregistrarcommissioner shall issue special veteran 41.16 contributionlicenseplates to an applicant who: 41.17 (1) is a veteran, as defined in section 197.447; 41.18 (2) isan owner or jointa registered owner of a passenger 41.19 automobile, pickup truck, or van; 41.20 (3) pays a fee of $10 to cover the costs of handling and 41.21 manufacturing the plates; 41.22 (4) pays the registration tax required under section 41.23 168.013; 41.24 (5) pays the fees required under this chapter; 41.25 (6) pays an additional onetime World War II memorial 41.26 contribution of $30, which the department shall retain until all 41.27 start-up costs associated with the development and issuing of 41.28 the plates have been recovered, after which the commissioner 41.29 shall deposit contributions in the World War II donation match 41.30 account; and 41.31 (7) complies withlawsthis chapter and rules governing the 41.32 registration of motor vehicles and licensing ofvehicles and41.33 drivers. 41.34 Subd. 2. [DESIGN.] The commissioner of veterans affairs 41.35 shall design an emblem for the special plates, subject to the 41.36 approval of theregistrarcommissioner of public safety, 42.1 thatsatisfysatisfies thefollowingrequirements in this 42.2 subdivision: 42.3 (1) the special veteran contribution plates must bear the 42.4 inscription "PROUD TO BE A VETERAN" on the bottom of the plate; 42.5 and 42.6 (2) the flag of the United States of America must appear on 42.7 the left side of the plate just preceding the first letter or 42.8 numeral of the speciallicenseplate number. 42.9 Subd. 3. [PLATE TRANSFERS.]NotwithstandingDespite 42.10 section 168.12, subdivision 1, on payment of a transfer fee of 42.11 $5, plates issued under this section may be transferred to 42.12 another passenger automobile, pickup truck, or van owned or42.13jointly owned byregistered to thepersonindividual to whom the 42.14specialveteran contribution plates were issued. 42.15 Subd. 4. [FEES CREDITED.]The fees collected under this42.16section must be deposited in the state treasury and credited to42.17the highway user tax distribution fund.Fees collected under 42.18 this section do not include the contributions collected for the 42.19 World War II memorial donation match account. 42.20 Subd. 5. [RECORD.] Theregistrarcommissioner shall 42.21 maintain a record of the number of special plates issued under 42.22 this section. 42.23 Sec. 15. Minnesota Statutes 2004, section 168.127, 42.24 subdivision 6, is amended to read: 42.25 Subd. 6. [FEES.] Instead of the filing fee described in 42.26 section 168.33, subdivision 7, the applicant for fleet 42.27 registration shall pay an equivalent administrative fee to the 42.28 commissioner for each vehicle in the fleet.The administrative42.29fee must be deposited in the state treasury and credited to the42.30highway user tax distribution fund.42.31 Sec. 16. Minnesota Statutes 2004, section 168.128, is 42.32 amended to read: 42.33 168.128 [LIMOUSINEREGISTRATION, LICENSEPLATES.] 42.34 Subdivision 1. [UNIQUELIMOUSINE REGISTRATIONCATEGORY.] A 42.35 unique vehicle registration category is established for 42.36 limousinesas defined in section 168.011, subdivision 35. 43.1 Subd. 2. [LICENSEPLATES.] (a) A person who operates a 43.2 limousine for other than personal use shallapply toregister 43.3 the motor vehicle as provided in this section. 43.4 (b) A person who operates a limousine for personal use may 43.5 apply. Theregistrarcommissioner shall issue limousinelicense43.6 platesupon the applicant's compliance with laws relating to43.7registration and licensing of motor vehicles and drivers and43.8certification byto the registered owner of a limousine who: 43.9 (1) certifies that an insurance policy under section 65B.13 43.10 in an aggregate amount of $300,000 per accident is in effect for 43.11 the entire period of the registrationunder section 65B.135.43.12The applicant must provide the registrar; 43.13 (2) provides the commissioner with proof that the passenger 43.14 automobile license tax and a $10 fee have been paid for each 43.15 limousine receiving limousinelicenseplates; and 43.16 (3) complies with this chapter and rules governing the 43.17 registration of motor vehicles and licensing of drivers. 43.18 (c) The limousinelicenseplates must be designed to 43.19 specifically identify the vehicle as a limousine and must be 43.20 clearly marked with the letters "LM." Limousinelicenseplates 43.21 may not be transferred upon sale of the limousine, but may be 43.22 transferred to another limousine owned by the same person upon 43.23 notifying theregistrarcommissioner and paying a $5 transfer 43.24 fee. 43.25 Subd. 3. [INSURANCE.] (a) The application must include a 43.26 certificate of insurance verifying that a valid commercial 43.27 insurance policy is in effect and giving the name of the 43.28 insurance company and the number of the insurance policy. The 43.29 policy must provide stated limits of liability, exclusive of 43.30 interest and costs, with respect to each motor vehicle for which 43.31 coverage is granted, of not less than $100,000 because of bodily 43.32 injury to one person in any one accident and, subject tosaid43.33 that limit for one person, of not less than $300,000 because of 43.34 injury to two or more persons in any one accident and of not 43.35 less than $100,000 because of injury to or destruction of 43.36 property. The insurance company must notify the commissioner if 44.1 the policy is canceled or if the policy no longer provides the 44.2 coverage required by this subdivision. 44.3 (b) The commissioner shall immediately notify the 44.4 commissioner of transportation if the policy of a person 44.5 required to have a permit under section 221.84 is canceled or no 44.6 longer provides the coverage required by this subdivision. 44.7Subd. 4. [FEES CREDITED TO HIGHWAY USER FUND.] Fees44.8collected from the sale of license plates under this section44.9must be paid into the state treasury and credited to the highway44.10user tax distribution fund.44.11 Sec. 17. Minnesota Statutes 2004, section 168.129, is 44.12 amended to read: 44.13 168.129 [SPECIAL COLLEGIATELICENSEPLATES.] 44.14 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 44.15 commissionerof public safetyshall issue special collegiate 44.16licenseplates to an applicant who: 44.17 (1) isan owner or jointa registered owner of a passenger 44.18 automobile, pickup truck, or van; 44.19 (2) pays a feedetermined by the commissioneras specified 44.20 in section 168.12, subdivision 5, to cover the costs of handling 44.21 and manufacturing the plates; 44.22 (3) pays the registration tax required under section 44.23 168.013; 44.24 (4) pays the fees required under this chapter; 44.25 (5) contributes at least $25 annually to the scholarship 44.26 account established in subdivision 6; and 44.27 (6) complies withlawsthis chapter and rules governing 44.28 registration of motor vehicles and licensing ofvehicles and44.29 drivers. 44.30 Subd. 2. [DESIGN.] (a) After consultation with each 44.31 participating college, university, or postsecondary system, the 44.32 commissioner shall designthean emblem for each special 44.33 collegiateplatesplate. 44.34 (b) In consultation with the commissioner, a participating 44.35 college or university annually shall indicate the anticipated 44.36 number of plates needed. 45.1 Subd. 3. [NO REFUND.] Contributions under this section 45.2 must not be refunded. 45.3 Subd. 4. [PLATES TRANSFER.]NotwithstandingDespite 45.4 section 168.12, subdivision 1, on payment of a transfer fee of 45.5 $5, plates issued under this section may be transferred to 45.6 another passengervehicle, pickup, or van owned or jointly owned45.7byautomobile registered to thepersonindividual to whom the 45.8 special collegiate plates were issued. 45.9 Subd. 5. [FEES CREDITED.]The fees collected under this45.10section must be deposited in the state treasury and credited to45.11the highway user tax distribution fund.Fees collected under 45.12 this section do not include the contributions collected for the 45.13 scholarship account. 45.14 Subd. 6. [SCHOLARSHIP ACCOUNT.] A scholarship account is 45.15 created in the state treasury. Except for one percent that may 45.16 be retained by the commissionerof public safetyfor 45.17 administrative costs, all contributions received under this 45.18 section must be deposited by the commissioner in the scholarship 45.19 account. Money in the scholarship account is appropriated to 45.20 the governing board of the institution to which it is 45.21 attributable, as provided in subdivision 7. 45.22 Subd. 7. [RECORD.] The commissioner shall maintain a 45.23 record of the number oflicenseplates issued for each 45.24 postsecondary institution or systemin orderto determine the 45.25 amount of scholarship funds available to that institution or 45.26 system. 45.27 Sec. 18. Minnesota Statutes 2004, section 168.1291, is 45.28 amended to read: 45.29 168.1291 [SPECIALLICENSEPLATES; UNIFORM DESIGN, UNIQUE 45.30 EMBLEMS.] 45.31 Subdivision 1. [DEFINITION.] For purposes of this section 45.32 "speciallicenseplates" meanslicenseplates issued under 45.33 sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129. 45.34 Subd. 2. [UNIFORM DESIGN OF SPECIAL PLATES.] (a) The 45.35 commissioner shall design a single speciallicenseplate that 45.36 will contain a unique number and a space for a uniquesymbol46.1 emblem for plates issued under sections 168.12, subdivisions 2b 46.2 and 2e; 168.1235; and 168.129. The commissioner shall design a 46.3 uniquesymbolemblem related to the purpose of each 46.4 speciallicenseplate. 46.5 (b) Any provision of sections 168.12, subdivisions 2b to 46.6 2e; 168.123; and 168.129, that requires the placement of a 46.7 specified letter or letters on a speciallicenseplate applies 46.8 to thoselicenseplates only to the extent that the commissioner 46.9 includes the letter or letters in the design.Where46.10 (c) If a law authorizing a speciallicenseplate contains a 46.11 specific requirement for graphic design of thatlicenseplate, 46.12 that requirement applies to the appropriate uniquesymbol the46.13commissioner designsemblem. 46.14 Subd. 3. [ISSUANCE OF SPECIAL PLATES WITH UNIQUE 46.15SYMBOLSEMBLEMS.]NotwithstandingDespite section 168.12, 46.16 subdivisions 2b to 2e; 168.123; or 168.129, beginning with 46.17 speciallicenseplates issued in calendar year 1996, the 46.18 commissioner shall issue each class of speciallicenseplates 46.19 permanently marked with specific designs under those laws only 46.20 until the commissioner's supply of thoselicenseplates is 46.21 exhausted. Thereafter the commissioner shall issue under those 46.22 laws only thelicenseplate authorized under subdivision 2, with 46.23 the appropriate uniquesymbolemblem attached. 46.24 Subd. 4. [FEES.]NotwithstandingDespite section 168.12, 46.25 subdivisions 2b to 2e; 168.123; or 168.129, the commissioner 46.26 shall charge a fee of $10 for each set oflicenseplates issued 46.27 under this section. 46.28 Subd. 5. [APPLICATIONAPPLICABILITY.] This section does 46.29 not apply to a special motorcyclelicenseplate designed by the 46.30registrarcommissioner under section 168.123, subdivision 1, 46.31 clause (2). 46.32 Sec. 19. Minnesota Statutes 2004, section 168.1293, is 46.33 amended to read: 46.34 168.1293 [SPECIALLICENSEPLATES; AUTHORIZATION; 46.35 DISCONTINUANCE.] 46.36 Subdivision 1. [DEFINITION.] For purposes of this section 47.1 and section 168.1297, "speciallicenseplate" means alicense47.2 platethat isauthorized bylawsections 168.12, subdivisions 2b 47.3 and 2e; 168.1235; and 168.129, to have wording and graphics that 47.4 differ from a Minnesota passenger vehiclelicenseplate. 47.5 Subd. 2. [SUBMISSIONS TODEPARTMENTCOMMISSIONER.] (a) A 47.6 person, legal entity, or other requester, however organized, 47.7 that plans to seek legislation establishing a newspecial47.8licenseplate shall submit the following information and fee to 47.9 theDepartment of Public Safetycommissioner: 47.10 (1) The requester shall submit a request for the special 47.11licenseplate being sought, describing the proposedlicense47.12 plate in general terms, the purpose of the plate, and the 47.13 proposed fee or minimum contribution required for the plate. 47.14 (2) The requester shall submit the results of a scientific 47.15 sample survey of Minnesota motor vehicle owners that indicates 47.16 that at least 10,000 motor vehicle owners intend to purchase the 47.17 proposed plate with the proposed fee or minimum contribution. 47.18 The requester's plan to undertake the survey must be reported to 47.19 thedepartmentcommissioner before the survey is undertaken. 47.20 The survey must be performed independently of the requester by 47.21 another person or legal entity, however organized, that conducts 47.22 similar sample surveys in the normal course of business. 47.23 (3) The requester shall submit an application fee of 47.24 $20,000, to cover thedepartment'scost of reviewing the 47.25 application for a new plate and developing the new special 47.26licenseplate if authorized by law. State funds may not be used 47.27 to pay the application fee. 47.28 (4) The requester shall submit a marketing strategy that 47.29 contains (i) short-term and long-term marketing plans for the 47.30 requested plate, and (ii) a financial analysis showing the 47.31 anticipated revenues and the planned expenditures of any fee or 47.32 contribution derived from the requested plate. 47.33 (b) The requester shall submit the information required 47.34 under paragraph (a) to thedepartmentcommissioner at least 120 47.35 days before the convening of the next regular legislative 47.36 session at which the requester will submit the proposal. 48.1 Subd. 3. [DESIGN; REDESIGN.] (a) If the proposed new 48.2 speciallicenseplate sought by the requester is approved by 48.3 law, the requester shall submit the proposed design for the 48.4 plate to thedepartmentcommissioner as soon as practicable, but 48.5 not later than 120 days after the effective date of the law 48.6 authorizing issuance of the plate. Thedepartmentcommissioner 48.7 is responsible for selecting the final design for the 48.8 speciallicenseplate. 48.9 (b) The requester that originally requested a special 48.10licenseplate subsequently approved by law may not submit a new 48.11 design for the plate within the five years following the date of 48.12 first issuance of the plate unless the inventory of those plates 48.13 has been exhausted. The requester may deplete the remaining 48.14 inventory of the plates by reimbursing thedepartment48.15 commissioner for the cost of the plates. 48.16 Subd. 4. [REFUND OF FEE.] If the speciallicenseplate 48.17 requested is not authorized in the legislative session at which 48.18 authorization was sought, thedepartmentcommissioner shall 48.19 refund $17,500 of the application fee to the requester. 48.20 Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The 48.21departmentcommissioner shall discontinue the issuance or 48.22 renewal of any speciallicenseplate authorized by sections 48.23 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, if (1) 48.24 fewer than 1,000 sets of those plates are currently registered 48.25 at the end of the first six years during which the plates are 48.26 available, or (2) fewer than 1,000 sets of those plates are 48.27 currently registered at the end of any subsequent two-year 48.28 period following the first six years of availability. 48.29 (b) Thedepartment maycommissioner shall discontinue the 48.30 issuance or renewal of any speciallicenseplate authorized by 48.31 sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, 48.32 and distribution of any contributions resulting from that plate, 48.33 if thedepartmentcommissioner determines that (1) the fund or 48.34 requester receiving the contributions no longer exists, (2) the 48.35 requester has stopped providing services that are authorized to 48.36 be funded from the contribution proceeds, (3) the requester has 49.1 requested discontinuance, or (4) contributions have been used in 49.2 violation of subdivision 6. 49.3 (c) Nothing in this subdivision applies tolicenseplates 49.4 issued under section 168.123, 168.124, 168.125, or 168.1255. 49.5 Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a 49.6 condition of obtaining a speciallicenseplate authorized by 49.7 sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129, 49.8 and interest earned on the contributions, may not be spent for 49.9 commercial or for-profit purposes. 49.10 Subd. 7. [DEPOSIT OF FEE; APPROPRIATION.] The commissioner 49.11 shall deposit the application fee under subdivision 2, paragraph 49.12 (a), clause (3), in thehighway user tax distribution fund49.13 vehicle services operating account of the special revenue fund 49.14 under section 299A.705. An amount sufficient to pay the 49.15 department's cost in implementing and administering this 49.16 section, including payment of refunds under subdivision 4, is 49.17 appropriated to the commissioner. 49.18 Sec. 20. Minnesota Statutes 2004, section 168.1296, is 49.19 amended to read: 49.20 168.1296 [SPECIALCRITICAL HABITATLICENSEPLATES.] 49.21 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 49.22 Theregistrarcommissioner shall issuespecialcritical 49.23 habitatlicenseplates to an applicant who: 49.24 (1) isan owner or jointa registered owner of a passenger 49.25 automobile, pickup truck, or van; 49.26 (2) pays a fee of $10 to cover the costs of handling and 49.27 manufacturing the plates; 49.28 (3) pays the registration tax required under section 49.29 168.013; 49.30 (4) pays the fees required under this chapter; 49.31 (5) contributes a minimum of $30 annually to the Minnesota 49.32 critical habitat private sector matching account established in 49.33 section 84.943; and 49.34 (6) complies withlawsthis chapter and rules governing 49.35 registration of motor vehicles and licensing ofvehicles and49.36 drivers. 50.1 (b) The critical habitatlicenseplate applicationform50.2 mustclearlyindicate that the annual contribution specified 50.3 under paragraph (a), clause (5), is a minimum contribution to 50.4 receive thelicenseplate and that the applicant may make an 50.5 additional contribution to the account. 50.6 Subd. 2. [DESIGN.] After consultation with interested 50.7 groups, the commissioner of natural resources and the 50.8registrarcommissioner shall jointly select a suitable symbol 50.9 for use by theregistrarcommissioner to design thespecial50.10 plates. 50.11 Subd. 3. [NO REFUND.] Contributions under this section 50.12 must not be refunded. 50.13 Subd. 4. [PLATE TRANSFERS.] Notwithstanding section 50.14 168.12, subdivision 1, on payment of a transfer fee of $5, 50.15 plates issued under this section may be transferred to another 50.16 passenger automobile, pickup truck, or van owned or jointly50.17owned byregistered to the person to whom thespecialplates 50.18 were issued. 50.19 Subd. 5. [CONTRIBUTION AND FEES CREDITED.] Contributions 50.20 under subdivision 1, paragraph (a), clause (5), must be paid to 50.21 theregistrarcommissioner and credited to the Minnesota 50.22 critical habitat private sector matching account established in 50.23 section 84.943. The fees collected under this section must be 50.24 deposited in thehighway user tax distribution fundvehicle 50.25 services operating account of the special revenue fund under 50.26 section 299A.705. 50.27 Subd. 6. [RECORD.] Theregistrarcommissioner shall 50.28 maintain a record of the number ofspecialplates issued under 50.29 this section. 50.30 Sec. 21. Minnesota Statutes 2004, section 168.1297, is 50.31 amended to read: 50.32 168.1297 [SPECIAL "ROTARY MEMBER"LICENSEPLATES.] 50.33 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] 50.34 Theregistrarcommissioner shall issue special "Rotary member" 50.35licenseplates to an applicant who: 50.36 (1) isan owner or jointa registered owner of a passenger 51.1 automobile, pickup truck, or van; 51.2 (2) pays a fee of $10 to cover the costs of handling and 51.3 manufacturing the plates; 51.4 (3) pays the registration tax required under section 51.5 168.013; 51.6 (4) pays the fees required under this chapter; 51.7 (5) submits proof to theregistrarcommissioner that the 51.8 applicant is a member of Rotary International; and 51.9 (6) complies withlawsthis chapter and rules governing 51.10 registration of motor vehicles and licensing ofvehicles and51.11 drivers. 51.12 Subd. 2. [DESIGN.] A speciallicenseplate under this 51.13 section consists of aspecial licenseplate as described in 51.14 section 168.1291 with a uniquesymbolemblem that is the 51.15 recognized emblem of Rotary International. 51.16 Subd. 3. [COMPLIANCE WITH OTHER LAW.] The commissioner 51.17 shall take no action under this section unless the commissioner 51.18 determines that Rotary International, or one or more districts 51.19 of Rotary International, has complied with section 168.1293, 51.20 subdivision 2, paragraph (a). Issuance and renewal oflicense51.21 plates under this section are subject to section 168.1293, 51.22 subdivisions 3 to 6. 51.23 Sec. 22. Minnesota Statutes 2004, section 168.27, 51.24 subdivision 11, is amended to read: 51.25 Subd. 11. [DEALER'S LICENSES; LOCATION CHANGE NOTICE; 51.26 FEE.] (a) Application for a dealer's license or notification of 51.27 a change of location of the place of business on a dealer's 51.28 license must include a street address, not a post office box, 51.29 and is subject to theregistrar'scommissioner's approval. 51.30 (b) Upon the filing of an application for a dealer's 51.31 license and the proper fee,the registrar is authorized,unless 51.32 the application on its face appears to be invalid,tothe 51.33 commissioner shall grant a 90-day temporary license. During the 51.34 90-day period following issuance of the temporary license, 51.35 theregistrarcommissioner shallinvestigate the fitness of the51.36applicant,inspect the place of business site,andmake other52.1investigation as necessary toinsure compliance withthe52.2licensing lawthis section and rules adopted under this section. 52.3 (c) Theregistrarcommissioner may extend the temporary 52.4 license 30 days to allow the temporarily licensed dealer to come 52.5 into full compliance with this section and rules adopted under 52.6 this section. 52.7At the end of the period of investigation(d) In no more 52.8 than 120 days following issuance of the temporary license, the 52.9 dealer license must either be granted or denied. 52.10 (e) A license must be denied under the following conditions: 52.11 (1) The license must be denied if within the previous ten 52.12 years the applicant was enjoined due to a violation of section 52.13 325F.69 or convicted of violating section 325E.14, 325E.15, 52.14 325E.16, or 325F.69, or convicted under section 609.53 of 52.15 receiving or selling stolen vehicles, or convicted of violating 52.16 United States Code, title 15, sections 1981 to 1991, as amended52.17through December 31, 1984,or pleaded guilty, entered a plea of 52.18 nolo contendere or no contest, or has been found guilty in a 52.19 court of competent jurisdiction of any charge of failure to pay 52.20 state or federal income or sales taxes or felony charge of 52.21 forgery, embezzlement, obtaining money under false pretenses, 52.22 theft by swindle, extortion, conspiracy to defraud, or bribery. 52.23 (2) The license must also be denied if within the previous 52.24 year the applicant has been denied a dealer license. 52.25 (3) A license must also be denied if the applicant has had 52.26 a dealer license revoked within the previous ten years. 52.27 (f) If the application is approved, theregistrar52.28 commissioner shall license the applicant as amotor vehicle52.29 dealer for one year from the date the temporary license is 52.30 granted and issue a certificate of license that must include a 52.31 distinguishing number of identification of the dealer. The 52.32 license must be displayed in a prominent place in the dealer's 52.33 licensedlocationplace of business. 52.34 (g) Each initial application for a license must be 52.35 accompanied by a fee of$50$100 in addition to the annual fee. 52.36 The annual feeshall be $100is $150.AllThe initial fees and 53.1 annual fees must be paid into the state treasury and credited to 53.2 the general fund except that $50 of each initial and annual fee 53.3 must be paid into the vehicle services operating account in the 53.4 special revenue fund under section 299A.705. 53.5 Sec. 23. [168.326] [EXPEDITED DRIVER AND VEHICLES 53.6 SERVICES; FEE.] 53.7 (a) When an applicant requests and pays an expedited 53.8 service fee of $20, in addition to other specified and 53.9 statutorily mandated fees and taxes, the commissioner shall 53.10 expedite the processing of an application for a driver's 53.11 license, driving instruction permit, Minnesota identification 53.12 card, or vehicle title transaction. 53.13 (b) A driver's license agent or deputy registrar may retain 53.14 $10 of the expedited service fee for each expedited service 53.15 request processed by the licensing agent or deputy registrar. 53.16 (c) When expedited service is requested, materials must be 53.17 mailed or delivered to the requester within three days of 53.18 receipt of the expedited service fee excluding Saturdays, 53.19 Sundays, or the holidays listed in section 645.44, subdivision 53.20 5. The requester shall comply with all relevant requirements of 53.21 the requested document. 53.22 (d) The commissioner may decline to accept an expedited 53.23 service request if it is apparent at the time it is made that 53.24 the request cannot be granted. 53.25 (e) The expedited service fees collected under this section 53.26 for an application for a driver's license, driving instruction 53.27 permit, or Minnesota identification card minus any portion 53.28 retained by a licensing agent or deputy registrar under 53.29 paragraph (b) must be paid into the driver services operating 53.30 account in the special revenue fund specified under section 53.31 299A.705. 53.32 (f) The expedited service fees collected under this section 53.33 for a transaction for a vehicle service minus any portion 53.34 retained by a licensing agent or deputy registrar under 53.35 paragraph (b) must be paid into the vehicle services operating 53.36 account in the special revenue fund specified under section 54.1 299A.705. 54.2 Sec. 24. [168.327] [DRIVER AND VEHICLE RECORD FEES.] 54.3 Subdivision 1. [RECORDS AND FEES.] (a) Upon request by any 54.4 person authorized in this section, the commissioner shall 54.5 furnish a certified copy of any driver's license record, 54.6 instruction permit record, Minnesota identification card record, 54.7 vehicle registration record, vehicle title record, or accident 54.8 record. 54.9 (b) Other than accident records governed under section 54.10 169.09, subdivision 13, the requester shall pay a fee of $10 for 54.11 each certified record specified in paragraph (a) or a fee of $9 54.12 for each record that is not certified. 54.13 (c) In addition to the record fee in paragraph (b), the fee 54.14 for a copy of the history of any vehicle title not in electronic 54.15 format is $1 for each page of the historical record. 54.16 (d) Fees collected under paragraph (b) for driver's 54.17 license, instruction permit, and Minnesota identification card 54.18 records must be paid into the state treasury with 50 cents of 54.19 each fee credited to the general fund. The remainder of the 54.20 fees collected must be credited to the driver services operating 54.21 account in the special revenue fund under section 299A.705. 54.22 (e) Fees collected under paragraphs (b) and (c) for vehicle 54.23 registration or title records must be paid into the state 54.24 treasury with 50 cents of each fee credited to the general 54.25 fund. The remainder of the fees collected must be credited to 54.26 the vehicle services operating account in the special revenue 54.27 fund specified in section 299A.705. 54.28 (f) The commissioner shall permit a person to inquire into 54.29 a record by the person's own electronic means for a fee of $4.50 54.30 for each inquiry, except that no fee may be charged when the 54.31 requester is the subject of the data. 54.32 (1) Of the $4.50 fee, $2.70 must be deposited in the 54.33 general fund. 54.34 (2) For driver's license, instruction permit, or Minnesota 54.35 identification card records, the remainder must be deposited in 54.36 the driver services operating account in the special revenue 55.1 fund under section 299A.705. 55.2 (3) For vehicle title or registration records, the 55.3 remainder must be deposited in the vehicle services operating 55.4 account in the special revenue fund under section 299A.705. 55.5 (g) Fees and the deposit of the fees for accident records 55.6 and reports are governed by section 169.09, subdivision 13. 55.7 Subd. 2. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] (a) 55.8 Except as otherwise provided in subdivision 3, the commissioner 55.9 shall impose a surcharge of 50 cents on each fee charged by the 55.10 commissioner under section 13.03, subdivision 3, for copies or 55.11 electronic transmittals of public information about the 55.12 registration of a vehicle or an applicant, or holder of a 55.13 driver's license, instruction permit, or Minnesota 55.14 identification card. 55.15 (b) The surcharge only applies to a fee imposed in response 55.16 to a request made in person or by mail, or to a request for 55.17 transmittal through a computer modem. The surcharge does not 55.18 apply to the request of an individual for information about that 55.19 individual's driver's license, instruction permit, or Minnesota 55.20 identification card or about vehicles registered or titled in 55.21 the individual's name. 55.22 (c) The surcharges collected under this subdivision must be 55.23 credited to the general fund. 55.24 Subd. 3. [EXCEPTION TO FEE AND SURCHARGE.] (a) 55.25 Notwithstanding subdivision 2 or section 13.03, a fee or 55.26 surcharge may not be imposed in response to a request for public 55.27 information about the registration of a vehicle if the 55.28 commissioner is satisfied that: 55.29 (1) the requester seeks the information on behalf of a 55.30 community-based, nonprofit organization designated by a local 55.31 law enforcement agency to be a requester; and 55.32 (2) the information is needed to identify suspected 55.33 prostitution law violators, controlled substance law violators, 55.34 or health code violators. 55.35 (b) The commissioner shall not require a requester under 55.36 paragraph (a) to make a minimum number of data requests or limit 56.1 the requester to a maximum number of data requests. 56.2 Sec. 25. Minnesota Statutes 2004, section 168.33, is 56.3 amended to read: 56.4 168.33 [COMMISSIONER AS REGISTRAR OFMOTORVEHICLES; DEPUTY 56.5 REGISTRARS.] 56.6 Subdivision 1. [REGISTRARCOMMISSIONER'S DUTIES AND 56.7 POWERS, GENERALLY.] The commissioner of public safetyshall be56.8 is the registrar ofmotorvehicles of the state of Minnesota, 56.9 and shall exercise all the powers granted to and perform all the 56.10 duties imposed by this chapter. The commissioner of public 56.11 safetymay employ not to exceed eight persons as inspectors,is 56.12 authorized to obtain informationand report to the registrar56.13regarding motorabout all vehicles subject to taxation under 56.14 this chapter upon which the tax has not been paid, and to 56.15 present suitable complaints to courts of competent jurisdiction. 56.16 Subd. 2. [DEPUTY REGISTRARS.] (a)The registrar may56.17appoint, hire, and discharge and fix the compensation of the56.18necessary employees, in the manner provided by law, as may be56.19required to enable the registrar to properly carry out the56.20duties imposed by this chapter.Theregistrarcommissioner may 56.21 appoint, and for cause discontinue, a deputy registrar for any 56.22 statutory or home rule charter city as the public interest and 56.23 convenience may require, without regard to whether the county 56.24 auditor of the county in which the city is situated has been 56.25 appointed as the deputy registrar for the county or has been 56.26 discontinued as the deputy registrar for the county, and without 56.27 regard to whether the county in which the city is situated has 56.28 established a county license bureauwhichthat issues motor 56.29 vehicle licenses as provided in section 373.32. 56.30 (b) Theregistrarcommissioner may appoint, and for cause 56.31 discontinue, a deputy registrar for any statutory or home rule 56.32 charter city as the public interest and convenience may require, 56.33 if the auditor for the county in which the city is situated 56.34 chooses not to accept appointment as the deputy registrar for 56.35 the county or is discontinued as a deputy registrar, or if the 56.36 county in which the city is situated has not established a 57.1 county license bureauwhichthat issues motor vehicle licenses 57.2 as provided in section 373.32.A personThe individual 57.3 appointed by theregistrarcommissioner as a deputy registrar 57.4 for any statutory or home rule charter city must be a resident 57.5 of the county in which the city is situated. 57.6 (c) Theregistrarcommissioner may appoint, and for cause 57.7 discontinue, the county auditor of each county as a deputy 57.8 registrar.Upon approval of the county board, the auditor, with57.9the approval of the director of motor vehicles, may appoint, and57.10for cause discontinue, the clerk or equivalent officer of each57.11statutory or home rule charter city or any other person as a57.12deputy registrar as public interest and convenience may require,57.13regardless of the appointee's county of residence. At the57.14request of the governing body of a statutory or home rule57.15charter city, the auditor shall appoint, and may for cause57.16discontinue, the clerk or equivalent officer of a city, or57.17another officer or employee of the city designated by the57.18governing body, as a deputy registrar:57.19(1) if the city is a county seat or, if not, is larger than57.20the seat of the county in which it is situated; and57.21(2) no office of a deputy registrar is situated within the57.22city or within 15 miles of the city by the most direct public57.23route.57.24 (d)NotwithstandingDespite any other provision, a person 57.25 other than a county auditor or a director of a county license 57.26 bureau, who was appointed by the registrar before August 1, 57.27 1976, as a deputy registrar for any statutory or home rule 57.28 charter city, may continue to serve as deputy registrar and may 57.29 be discontinued for cause only by theregistrarcommissioner. 57.30 The county auditor who appointed the deputy registrars is 57.31 responsible for the acts of deputy registrars appointed by the 57.32 auditor. 57.33 (e) Each deputy, before entering upon the discharge of 57.34 duties, shall take and subscribe an oath to faithfully discharge 57.35 the duties and to uphold the laws of the state. 57.36 (f) If a deputy registrar appointed under this subdivision 58.1 is not an officer or employee of a county or statutory or home 58.2 rule charter city, the deputy shall in addition give bond to the 58.3 state in the sum of $10,000, or a larger sum as may be required 58.4 by theregistrarcommissioner, conditioned upon the faithful 58.5 discharge of duties as deputy registrar. 58.6(e)(g) Until January 1, 2009, a corporation governed by 58.7 chapter 302A may be appointed a deputy registrar. Upon 58.8 application by an individual serving as a deputy registrar and 58.9 the giving of the requisite bond as provided in this 58.10 subdivision, personally assured by the individual or another 58.11 individual approved by the commissionerof public safety, a 58.12 corporation named in an applicationshall becomethen becomes 58.13 the duly appointed and qualified successor to the deputy 58.14 registrar. The appointment of any corporation as a deputy 58.15 registrar expires January 1, 2009.A county board shall58.16appoint, orThe commissioner shall appointif the county board58.17declines to do so,an individual as successor to the corporation 58.18 as a deputy registrar. Thecounty board orcommissioner shall 58.19 appoint as the successor agent to a corporation whose 58.20 appointment expires under this paragraph an officer of the 58.21 corporation if the officer applies for appointment before July 58.22 1, 2009. 58.23(f)(h) Each deputy registrar appointed under this 58.24 subdivision shall keep and maintain, in a convenient public58.25place within or in close proximity to the place for which58.26appointed, a registration and motor vehicle tax collection58.27bureau, to be approved by the registrar,office locations 58.28 approved by the commissioner for the registration ofmotor58.29 vehicles and the collection of taxes and fees onmotorvehicles. 58.30 (i) The deputy registrar shall keep records and make 58.31 reports to theregistrarcommissioner as theregistrar, from58.32time to time, may requirecommissioner requires. The records 58.33 must be maintained at thefacilityoffices of the deputy 58.34 registrar. The records andfacilitiesoffices of the deputy 58.35 registrar must at all times be open to the inspection of 58.36 theregistrarcommissioner or theregistrar'scommissioner's 59.1 agents. The deputy registrar shall report to theregistrar59.2 commissioner by the next working day following receipt all 59.3 registrations made and taxes and fees collected by the deputy 59.4 registrar. 59.5 (j) The filing fee imposed under subdivision 7 must be 59.6 deposited in the treasury of the place for which appointed or, 59.7 if not a public official, a deputy shall retain the filing fee, 59.8 but the registration tax and any additional fees for delayed 59.9 registration the deputy registrar has collected the deputy 59.10 registrar shall deposit by the next working day following 59.11 receipt in an approved state depository to the credit of the 59.12 state through the commissioner of finance. The place for which 59.13 the deputy registrar is appointed through its governing body 59.14 must provide the deputy registrar with facilities and personnel 59.15 to carry out the duties imposed by this subdivision if the 59.16 deputy is a public official. In all other cases, the deputy 59.17 shall maintain a suitable facility for serving the public. 59.18 Subd. 2a. [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.] 59.19 Persons serving as deputy registrars onthe effective date of59.20this act shallJuly 1, 1970, continue to holdsuchoffice until 59.21 a successor is duly appointed and qualifies. 59.22 Subd. 2b. [DEPUTY REGISTRARS, EMPLOYMENT STATUS.] (a) 59.23 Deputy registrars, and their employees, who retain the filing 59.24 fee in lieu of a salary, shall, after July 1, 1971, be 59.25 considered as independent contractors for pension purposes, and 59.26 ineligible because of such service for coverage under the 59.27 Minnesota State Retirement System or membership in the Public 59.28 Employees Retirement Association. 59.29 (b) Those deputy registrars as defined in this subdivision 59.30 who are covered by the Minnesota State Retirement System on June 59.31 30, 1971,shall have the option of terminating saidmay 59.32 terminate coverage on July 1, 1971, orof continuing said59.33 continue coverage until termination of state service. The form 59.34 ofthethis option and the time for filingshallmust be as 59.35 prescribed by the board of directors of the system. Those 59.36 choosing to continuesaidcoverage,shall provide from the 60.1 filing fees retained the employee and employer contributions as 60.2 required by chapter 352. 60.3 Subd. 3. [RECORD OF VEHICLE REGISTRATION; DISCLOSURE.] (a) 60.4 Theregistrarcommissioner shall keep asuitablerecord of all 60.5motorregistered vehiclesregistered in the registrar's office,60.6indexed,according to (1) registration plate number,according60.7to(2) name of the registered owner,according to(3) make of 60.8motorvehicle and thefactoryvehicle's identification number, 60.9 forsuch makes as area vehicle so identified, oraccording60.10to, if none, the vehicle's serial numberof such makes as are so60.11identifieduntil themanufacturers thereof adopt and use60.12anmanufacturer adopts and uses a vehicle identification number,60.13and according to such other information as the registrar shall60.14deem advisable.Duplicates of the certificate of registration60.15shall be used, until a more efficient system is evolved, to make60.16the registration number and registered owner's indexes herein60.17required, and such other copies as are desirable. The registrar60.18may furnish to any one applying therefor transcripts of such60.19records for not less than the cost of preparing the same;60.20provided, that any sums in excess of such cost received by the60.21registrar for furnishing such transcripts shall be paid by the60.22registrar into the state treasury.60.23 (b) The commissioner shall furnish to any person applying 60.24 for a copy of the registration, a copy as specified in section 60.25 168.327. 60.26 (c) Theregistrarcommissioner shall also furnishcopies60.27thereofvehicle registration records, without charge, tothe60.28 chiefs of policeof the cities of Minneapolis, St. Paul, and60.29Duluth, county sheriffs, prosecuting attorneys, and other law 60.30 enforcement agencies with the power to arrest. 60.31 Subd. 6. [APPLICATIONFORMS.]TheEvery deputy registrar 60.32 shallprovide, in a manner and format prescribed by the60.33registrar, necessary forms and information to deputy60.34registrars. The registrar and deputy registrars shall60.35immediately destroy all number plates surrendered and shall60.36cancel all certificates surrendereduse application forms or 61.1 formats as prescribed by or approved by the commissioner. 61.2 Subd. 7. [FILING FEE.] (a) In addition to all other 61.3 statutory fees and taxes, a filing fee of: 61.4(i)(1) $4.50 is imposed on everymotorvehicle 61.5 registration renewal, excluding pro rate transactions; and 61.6(ii) $7(2) $8.50 is imposed on every other type of vehicle 61.7 transaction, including pro rate transactions; 61.8 except that a filing fee may not be charged for a document 61.9 returned for a refund or for a correction of an error made by 61.10 the Department of Public Safety, alicensed autodealer, or a 61.11 deputy registrar. The filing fee must be shown as a separate 61.12 item on all registration renewal notices sent out by the 61.13departmentcommissioner. No filing fee or other fee may be 61.14 charged for the permanent surrender of acertificate oftitle 61.15and license platesfor amotorvehicle. 61.16 (b)FilingAll of the fees collected underthis subdivision61.17by the departmentparagraph (a), clause (1), by the department, 61.18 must be paid into thestate treasury and credited to the highway61.19user tax distribution fund, except fees for registrations of61.20motor vehicles. Filing fees collected for registrations of61.21motor vehicles in conjunction with a title transfer or first61.22application in this state must be paid into the state treasury61.23with 50 percent of the money credited to the general fund and 5061.24percent credited to the highway user tax distribution61.25fundvehicle services operating account in the special revenue 61.26 fund under section 299A.705. Of the fee collected under 61.27 paragraph (a), clause (2), by the department, $3.50 must be paid 61.28 into the general fund with the remainder deposited into the 61.29 vehicle services operating account in the special revenue fund 61.30 under section 299A.705. 61.31 (c) Amotor vehicledealer shall retain $2.50 of each 61.32 filing fee imposed under this subdivision for a completed 61.33 transaction involving the sale of amotorvehicle to or by a 61.34licenseddealer, if the dealer electronically transmits the 61.35 transaction to thedepartmentcommissioner or a deputy registrar. 61.36 Thedepartmentcommissioner shall develop procedures to 62.1 implement this subdivision in consultation with the Minnesota 62.2 Deputy Registrar Association and the Minnesota Automobile 62.3 Dealers Association. Deputy registrarsshallmust not be 62.4 prohibited from receiving and processing required documents 62.5 supporting an electronic transaction. 62.6 Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The 62.7registrarcommissioner shall allow deputy registrars to 62.8 implement and follow procedures for processing applications and 62.9 accepting and remitting fee payments for 30-day temporary 62.10 disability permits issued under section 169.345, subdivision 3, 62.11 paragraph (c), that are identical or substantially similar to 62.12 the procedures required by law or rule formotorvehicle 62.13 registration and titling transactions. 62.14 Subd. 9. [RULES.] The commissionerof public safetymay 62.15 adopt rules for administering and enforcing this section. 62.16 Sec. 26. Minnesota Statutes 2004, section 168.345, 62.17 subdivision 1, is amended to read: 62.18 Subdivision 1. [INFORMATION BY TELEPHONE.] Information 62.19concerning motorabout vehicle registrations shall not be 62.20 furnished on the telephone to any person except the personnel of 62.21 law enforcement agencies and the personnel of governmental motor 62.22 vehicle and registration offices. 62.23 Sec. 27. Minnesota Statutes 2004, section 168.345, 62.24 subdivision 2, is amended to read: 62.25 Subd. 2. [LESSEES; INFORMATION.] Theregistrar62.26 commissioner may not furnish informationconcerningabout 62.27 registered owners of passenger automobiles who are lessees under 62.28 a lease for a term of 180 days or more to any person except the 62.29 personnel of law enforcement agencies and federal, state, and 62.30 local governmental units, and, at theregistrar'scommissioner's 62.31 discretion, to persons who use the information to notify lessees 62.32 of automobile recalls. Theregistrarcommissioner may release 62.33 information about lessees in the form of summary data, as 62.34 defined in section 13.02, to persons who use the information in 62.35 conducting statistical analysis and market research. 62.36 Sec. 28. Minnesota Statutes 2004, section 168.381, is 63.1 amended to read: 63.2 168.381 [MANUFACTURE OF VEHICLE LICENSE PLATES; 63.3 APPROPRIATIONS.] 63.4 Subdivision 1. [CORRECTIONAL FACILITIES; OTHER 63.5 MANUFACTURERS.] (a)License numberPlates required bylawthis 63.6 chapter may be manufactured by the Minnesota Correctional 63.7 Facility-St. Cloud, the Minnesota Correctional 63.8 Facility-Stillwater, or other facility established by law for 63.9 the confinement of persons convicted of felony, upon order from 63.10 theregistrar of motor vehiclescommissioner. The order must 63.11 state the quality of material desired in the plates, the plate 63.12 specifications, and the amount or number desired. 63.13 (b) Should the commissioner of corrections decide not to 63.14 supply the required quantity oflicenseplates, or discontinue 63.15 the manufacture of plates, the commissioner of public safety is 63.16 authorized to seek other suppliers on a competitive basis. 63.17 Subd. 2. [LABORATORY TESTING; COSTS.] (a) Materials 63.18 purchased to be used in the manufacture ofmotor vehicle number63.19 plates must be tested as to conformance with specifications 63.20 established by the commissionerof public safetyin a privately 63.21 operated laboratory service to be designated by the 63.22 commissioner. The cost of the laboratory must be included in 63.23 the cost of materials purchased. 63.24 (b) The cost of delivery ofnumberplates to the 63.25 commissionerof public safetyat places designated by the 63.26 commissioner must be included in the expenses incurred in their 63.27 manufacture. 63.28 Subd. 3. [SPECIFICATIONS.] The commissionerof public63.29safetyshall establish new or revised specifications for the 63.30 material and equipment used in the manufacture ofnumberplates 63.31 ordered for manufacture after August 1, 1975, and may from time 63.32 to time revise the specifications; provided that the 63.33 specifications conform to the requirements of section 168.12. 63.34 In establishing new or revised specifications, the commissioner 63.35 shall consult with and give consideration to the advice and 63.36 recommendations of representatives of the Minnesota State 64.1 Patrol, local police officers' associations, and the county 64.2 sheriffs' association. 64.3 Subd. 4. [APPROPRIATIONS.] (a) Money appropriated to the 64.4 Department of Public Safety to procure the plates for any fiscal 64.5 year or yearsareis available for allotment, encumbrance, and 64.6 expenditure from and after the date of the enactment of the 64.7 appropriation. Materials and equipment used in the manufacture 64.8 ofnumberplates are subject only to the approval of the 64.9 commissionerof public safety. 64.10 (b) This section contemplates that money to be appropriated 64.11 to the Department of Public Safetyin orderto carry out the 64.12 terms and provisions of this section will be appropriated by the 64.13 legislature from the highway user tax distribution fund. 64.14 (c) A sum sufficient is appropriated annually from the 64.15highway user tax distributionvehicle services operating account 64.16 in the special revenue fund to the commissionerof public safety64.17 to pay the costs of purchasing, delivering, and mailingmotor64.18vehicle license numberplates,license plateregistrationtabs64.19orstickers, andlicense plateregistration notices. 64.20 Sec. 29. Minnesota Statutes 2004, section 168.54, 64.21 subdivision 4, is amended to read: 64.22 Subd. 4. [TRANSFER FEE.] A fee of $3 is imposed upon every 64.23 transfer of ownership by the commissionerof public safetyof 64.24 anymotorvehicle for which a registration certificate has 64.25 heretofore been issued under this chapter, except vehicles sold 64.26 for the purposes of salvageor, dismantling, or permanent 64.27 removal from the state. 64.28 Sec. 30. Minnesota Statutes 2004, section 168.54, 64.29 subdivision 5, is amended to read: 64.30 Subd. 5. [PROCEEDS TO GENERAL FUND.] The 64.31registrarcommissioner shall collect the proceeds of the fee 64.32 imposed under this section and deposit them in the general fund 64.33 pursuant to section 168A.31. 64.34 Sec. 31. Minnesota Statutes 2004, section 168A.152, 64.35 subdivision 2, is amended to read: 64.36 Subd. 2. [INSPECTION FEE; PROCEEDS TOGENERAL FUNDVEHICLE 65.1 SERVICES OPERATING ACCOUNT.] (a) A fee of$20$35 must be paid 65.2 to the department before the department issues a certificate of 65.3 title for a vehicle that has been inspected and for which a 65.4 certificate of inspection has been issued pursuant to 65.5 subdivision 1. The only additional fee that may be assessed for 65.6 issuing the certificate of title is the filing fee imposed under 65.7 section 168.33, subdivision 7. 65.8 (b)FeesOf the fee collected by the department under this 65.9 subdivision, for conducting inspections under subdivision 1, $20 65.10 must be deposited in the general fund and the remainder of the 65.11 fee collected must be deposited in the vehicle services 65.12 operating account in the special revenue fund as specified in 65.13 section 299A.705. 65.14 Sec. 32. Minnesota Statutes 2004, section 168A.29, is 65.15 amended to read: 65.16 168A.29 [FEES.] 65.17 Subdivision 1. [AMOUNTS.] (a) The departmentshallmust be 65.18 paid the following fees: 65.19 (1) for filing an application for and the issuance of an 65.20 original certificate of title, the sum of$3$5.50 of which 65.21 $2.50 must be paid into the vehicle services operating account 65.22 of the special revenue fund under section 299A.705; 65.23 (2) for each security interest when first noted upon a 65.24 certificate of title, including the concurrent notation of any 65.25 assignment thereof and its subsequent release or satisfaction, 65.26 the sum of $2, except that no fee is due for a security interest 65.27 filed by a public authority under section 168A.05, subdivision 65.28 8; 65.29 (3) for the transfer of the interest of an owner and the 65.30 issuance of a new certificate of title, the sum of$3$5.50 of 65.31 which $2.50 must be paid into the vehicle services operating 65.32 account of the special revenue fund under section 299A.705; 65.33 (4) for each assignment of a security interest when first 65.34 noted on a certificate of title, unless noted concurrently with 65.35 the security interest, the sum of $1; 65.36 (5) for issuing a duplicate certificate of title, the sum 66.1 of$4$6.50 of which $2.50 must be paid into the vehicle 66.2 services operating account of the special revenue fund under 66.3 section 299A.705. 66.4 (b) After June 30, 1994, in addition to each of the fees 66.5 required under paragraph (a), clauses (1) and (3), the 66.6 departmentshallmust be paid $3.50. The additional $3.50 fee 66.7 collected under this paragraph must be deposited in the special 66.8 revenue fund and credited to the public safety motor vehicle 66.9 account established in section 299A.70. 66.10 Subd. 2. [FEE IN LIEU OF OTHER FEE.] If a person applies 66.11 for an original or a new certificate of title to a vehicle, 66.12 concurrently with an application, as transferee, of registration 66.13 of the vehicle, the fee prescribed in subdivision 1shallmust 66.14 be in lieu of the fee prescribed by section 168.54, with respect 66.15 to any transfer of ownership or registration of the vehicle to 66.16 the applicant. 66.17 Subd. 3. [NO CERTIFICATE ISSUED UNTIL FEES PAID.] Subject 66.18 to subdivision 2, the department shall not issue a certificate 66.19 of title to a vehicle until all fees prescribed by sections 66.20 168.54 and 168A.10, subdivision 6, with respect to any prior 66.21 transfer of ownership or registration of the vehicleshallhave 66.22 been paid. 66.23 Sec. 33. Minnesota Statutes 2004, section 168A.31, is 66.24 amended to read: 66.25 168A.31 [DISPOSITION OF FEES; PAYMENT OF EXPENSES.] 66.26 Subdivision 1. [PAID TO GENERALFUND DISTRIBUTION.] All 66.27 fees prescribed by sections 168A.01 to 168A.31 and 168.54 66.28 collected by the department must be paid into the general fund, 66.29 unless otherwise specified in chapter 168A. 66.30 Subd. 2. [EXPENSES; APPROPRIATION.] All necessary expenses 66.31 incurred by the department for the administration of sections 66.32 168A.01 to 168A.31shallmust be paid frommoneysmoney in the 66.33transfer of ownership revolvingvehicle services operating 66.34 account of the special revenue fund as specified in section 66.35 299A.705, and such funds are hereby appropriated. 66.36 Sec. 34. Minnesota Statutes 2004, section 169.09, 67.1 subdivision 13, is amended to read: 67.2 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 67.3 APPROPRIATION.] (a) Allwrittenreports and supplementalreports67.4 information required under this sectionshallmust be for the 67.5 use of the commissioner of public safety and other appropriate 67.6 state, federal, county, and municipal governmental agencies for 67.7 accident analysis purposes, except: 67.8 (1) the commissioner of public safety or any law 67.9 enforcement agency shall, upon written request of anyperson67.10 individual involved in an accident or upon written request of 67.11 the representative of theperson'sindividual's estate, 67.12 surviving spouse, or one or more surviving next of kin, or a 67.13 trustee appointedpursuant tounder section 573.02, disclose to 67.14 the requester, the requester's legal counsel, or a 67.15 representative of the requester's insurer the report required 67.16 under subdivision 8; 67.17 (2) the commissioner of public safety shall, upon written 67.18 request, provide the driver filing a report under subdivision 7 67.19 with a copy of the report filed by the driver; 67.20 (3) the commissioner of public safety may verify with 67.21 insurance companies vehicle insurance information to enforce 67.22 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 67.23 (4) the commissioner of public safety shall provide the 67.24 commissioner of transportation the information obtained for each 67.25 traffic accident involving a commercial motor vehicle, for 67.26 purposes of administering commercial vehicle safety regulations; 67.27 and 67.28 (5) the commissioner of public safety may give to the 67.29 United States Department of Transportation commercial vehicle 67.30 accident information in connection with federal grant programs 67.31 relating to safety. 67.32 (b) Accident reports and data contained in the reports 67.33shallare notbediscoverable under any provision of law or rule 67.34 of court. No report shall be used as evidence in any trial, 67.35 civil or criminal, or any action for damages or criminal 67.36 proceedings arising out of an accident, except that. However, 68.1 the commissioner of public safety shall furnish, upon the demand 68.2 of any person who has,or claims to have,made a report,or,68.3 upon demand of any court, a certificate showing that a specified 68.4 accident report has or has not been made to the commissioner 68.5 solely to prove compliance or failure to comply with the 68.6 requirements that the report be made to the commissioner. 68.7 (c) Nothing in this subdivision prevents anyperson68.8 individual who has made a reportpursuant tounder this section 68.9 from providing information to anypersonsindividuals involved 68.10 in an accident or their representatives or from testifying in 68.11 any trial, civil or criminal, arising out of an accident, as to 68.12 facts within theperson'sindividual's knowledge. It is 68.13 intended by this subdivision to render privileged the reports 68.14 required, but it is not intended to prohibit proof of the facts 68.15 to which the reports relate. 68.16 (d) Disclosing any information contained in any accident 68.17 report, except as provided in this subdivision, section 13.82, 68.18 subdivision 3 or 6, or other statutes, is a misdemeanor. 68.19 (e) The commissioner of public safetymayshall charge 68.20 authorized persons as described in paragraph (a) a $5 fee for a 68.21 copy of an accident report. Ninety percent of the $5 fee 68.22 collected under this paragraph must be deposited in the special 68.23 revenue fund and credited to the driver services operating 68.24 account established in section 299A.705 and ten percent must be 68.25 deposited in the general fund. The commissioner may also 68.26 furnishcopies of the modified accident recordsan electronic 68.27 copy of the database of accident records, which must not contain 68.28 personal or private data on an individual, to private agencies 68.29 as provided in paragraph (g), for not less than the cost of 68.30 preparing the copies on a bulk basis as provided in section 68.31 13.03, subdivision 3. 68.32 (f) The fees specified in paragraph (e) notwithstanding, 68.33 the commissioner and law enforcement agenciesmayshall charge 68.34 commercial users who request access to response or incident data 68.35 relating to accidents a fee not to exceed 50 cents per 68.36reportrecord. "Commercial user" is a user who in one location 69.1 requests access to data in more than five accident reports per 69.2 month, unless the user establishes that access is not for a 69.3 commercial purpose. Of the money collected by the commissioner 69.4 under this paragraphis appropriated to the commissioner, 90 69.5 percent must be deposited in the special revenue fund and 69.6 credited to the driver services operating account established in 69.7 section 299A.705 and ten percent must be deposited in the 69.8 general fund. 69.9 (g) The fees in paragraphs (e) and (f) notwithstanding, the 69.10 commissionermayshall providea modifiedan electronic copy of 69.11 the accident records databasethat doesto the public on a 69.12 case-by-case basis using the cost-recovery charges provided for 69.13 under section 13.03, subdivision 3. The database provided must 69.14 not containnames, driver's license numbers, vehicle license69.15plate numbers, addresses, or other identifying data to the69.16public upon requestpersonal or private data on an individual. 69.17 However, unless the accident records data base includes 69.18 themotorvehicle identification number, the commissioner shall 69.19 include the vehiclelicenseregistration plate number if a 69.20 private agency certifies and agrees that the agency: 69.21 (1) is in the business of collecting accident and damage 69.22 information on vehicles; 69.23 (2) will use the vehiclelicenseregistration plate number 69.24 only forthe purpose ofidentifying vehicles that have been 69.25 involved in accidents or damagedin order, to provide this 69.26 information to persons seeking access to a vehicle's history and 69.27 not forthe purpose ofidentifying individuals or for any other 69.28 purpose; and 69.29 (3) will be subject to the penalties and remedies under 69.30 sections 13.08 and 13.09. 69.31 Sec. 35. Minnesota Statutes 2004, section 169A.60, 69.32 subdivision 16, is amended to read: 69.33 Subd. 16. [FEES CREDITEDTO HIGHWAY USER FUND.] Fees 69.34 collected from the sale or reinstatement of license plates under 69.35 this section must be paid into the state treasury and credited 69.36 one-half to thehighway user tax distribution fundvehicle 70.1 services operating account in the special revenue fund specified 70.2 in section 299A.705 and one-half to the general fund. 70.3 Sec. 36. Minnesota Statutes 2004, section 171.055, 70.4 subdivision 2, is amended to read: 70.5 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 70.6 license holder may operate a motor vehicle only when every 70.7 occupant under the age of 18 has a seat belt or child passenger 70.8 restraint system properly fastened. A person who violates this 70.9 paragraph is subject to a fine of $25. A peace officer may not 70.10 issue a citation for a violation of this paragraph unless the 70.11 officer lawfully stopped or detained the driver of the motor 70.12 vehicle for a moving violation as defined in section 171.04. 70.13 The commissioner shall not record a violation of this paragraph 70.14 on a person's driving record. 70.15 (b) A provisional license holder may not operate a motor 70.16 vehicle with more than two passengers unless the provisional 70.17 license holder (1) is accompanied in the vehicle by a member of 70.18 the provisional license holder's immediate family who is age 21 70.19 or older, (2) is accompanied by at least one person age 25 or 70.20 older, or (3) has in possession a Minnesota provisional license 70.21 restriction waiver card. 70.22 (c) A provisional license holder may not operate a motor 70.23 vehicle between 12:00 midnight and 5:00 a.m. unless the 70.24 provisional license holder (1) is accompanied in the vehicle by 70.25 a parent or guardian, or another immediate family member who is 70.26 age 21 or older, or (2) has in possession a Minnesota 70.27 provisional license restriction waiver card. 70.28(b)(d) If the holder of a provisional license during the 70.29 period of provisional licensing incurs (1) a conviction for a 70.30 violation of section 169A.20, 169A.33, 169A.35, or sections 70.31 169A.50 to 169A.53, (2) a conviction for a crash-related moving 70.32 violation, or (3) more than one conviction for a moving 70.33 violation that is not crash related, the person may not be 70.34 issued a driver's license until 12 consecutive months have 70.35 expired since the date of the conviction or until the person 70.36 reaches the age of 18 years, whichever occurs first. 71.1 Sec. 37. Minnesota Statutes 2004, section 171.06, 71.2 subdivision 2, is amended to read: 71.3 Subd. 2. [FEES.] (a) The fees for a license and Minnesota 71.4 identification card are as follows: 71.5 Classified Driver's License D-$18.50$21.50 C-$22.50$25.50 71.6 B-$29.50$32.50 A-$37.50$40.50 71.7 Classified Under-21 D.L. D-$18.50$21.50 C-$22.50$25.50 71.8 B-$29.50$32.50 A-$17.50$20.50 71.9 Instruction Permit $ 9.50 71.10 Provisional License$ 9.50$12.50 71.11 Provisional license restriction waiver card$ 8.00 71.12 Duplicate License or 71.13 duplicate identification card
$ 8.00$11.00 71.14 Minnesota identification card or Under-21 Minnesota 71.15 identification card, other than duplicate, 71.16 except as otherwise provided in section 171.07, 71.17 subdivisions 3 and 3a$12.50$15.50 71.18 (b) Notwithstanding paragraph (a),a personan individual 71.19 who holds a provisional license and has a driving record free of 71.20 (1) convictions for a violation of section 169A.20, 169A.33, 71.21 169A.35, or sections 169A.50 to 169A.53, (2) convictions for 71.22 crash-related moving violations, and (3) convictions for moving 71.23 violations that are not crash related, shall have a $3.50 credit 71.24 toward the fee for any classified under-21 driver's license. 71.25 "Moving violation" has the meaning given it in section 171.04, 71.26 subdivision 1. 71.27 (c) In addition to the driver's license fee required under 71.28 paragraph (a), theregistrarcommissioner shall collect an 71.29 additional $4 processing fee from each new applicant orperson71.30 individual renewing a license with a school bus endorsement to 71.31 cover the costs for processing an applicant's initial and 71.32 biennial physical examination certificate. The department shall 71.33 not charge these applicants any other fee to receive or renew 71.34 the endorsement. 71.35 Sec. 38. Minnesota Statutes 2004, section 171.061, 71.36 subdivision 4, is amended to read: 72.1 Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and 72.2 retain a filing fee of$3.50$5 for each application. Except as 72.3 provided in paragraph (b), the fee shall cover all expenses 72.4 involved in receiving, accepting, or forwarding to the 72.5 department the applications and fees required under sections 72.6 171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and 72.7 171.07, subdivisions 3 and 3a. 72.8 (b) The department shall maintain the photo identification 72.9 equipment for all agents appointed as of January 1, 2000. Upon 72.10 the retirement, resignation, death, or discontinuance of an 72.11 existing agent, and if a new agent is appointed in an existing 72.12 office pursuant to Minnesota Rules, chapter 7404, and 72.13 notwithstanding the above or Minnesota Rules, part 7404.0400, 72.14 the department shall provide and maintain photo identification 72.15 equipment without additional cost to a newly appointed agent in 72.16 that office if the office was provided the equipment by the 72.17 department before January 1, 2000. All photo identification 72.18 equipment must be compatible with standards established by the 72.19 department. 72.20 (c) A filing fee retained by the agent employed by a county 72.21 board must be paid into the county treasury and credited to the 72.22 general revenue fund of the county. An agent who is not an 72.23 employee of the county shall retain the filing fee in lieu of 72.24 county employment or salary and is considered an independent 72.25 contractor for pension purposes, coverage under the Minnesota 72.26 State Retirement System, or membership in the Public Employees 72.27 Retirement Association. 72.28 (d) Before the end of the first working day following the 72.29 final day of the reporting period established by the department, 72.30 the agent must forward to the department all applications and 72.31 fees collected during the reporting period except as provided in 72.32 paragraph (c). 72.33 Sec. 39. Minnesota Statutes 2004, section 171.07, 72.34 subdivision 11, is amended to read: 72.35 Subd. 11. [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 72.36 written request of the applicant and upon payment of an 73.1 additional fee of $3.50, the department shall issue a driver's 73.2 license or Minnesota identification card bearing a symbol or 73.3 other appropriate identifier indicating that the license holder 73.4 has appointed an individual to serve as a standby or temporary 73.5 custodian under chapter 257B. 73.6 (b) The request must be accompanied by a copy of the 73.7 designation executed under section 257B.04. 73.8 (c) The department shall maintain a computerized records 73.9 system of allpersonsindividuals listed as standby or temporary 73.10 custodians by driver's license and identification card 73.11 applicants. This datashallmust be released to appropriate law 73.12 enforcement agencies under section 13.69. Upon a parent's 73.13 request and payment of a fee of $3.50, the department shall 73.14 revise its list of standby or temporary custodians to reflect a 73.15 change in the appointment. 73.16 (d) At the request of the license or cardholder, the 73.17 department shall cancel the standby or temporary custodian 73.18 indication without additional charge. However, this paragraph 73.19 does not prohibit a fee that may be applicable for a duplicate 73.20 or replacement license or card, renewal of a license, or other 73.21 service applicable to a driver's license or identification card. 73.22 (e) Notwithstanding sections 13.08, subdivision 1, and 73.23 13.69, the department and department employees are conclusively 73.24 presumed to be acting in good faith when employees rely on 73.25 statements made, in person or by telephone, by persons 73.26 purporting to be law enforcement and subsequently release 73.27 information described in paragraph (b). When acting in good 73.28 faith, the department and department personnel are immune from 73.29 civil liability and not subject to suit for damages resulting 73.30 from the release of this information. 73.31 (f) The department and its employees: 73.32 (1) have no duty to inquire or otherwise determine whether 73.33 a designation submitted under this subdivision is legally valid 73.34 and enforceable; and 73.35 (2) are immune from all civil liability and not subject to 73.36 suit for damages resulting from a claim that the designation was 74.1 not legally valid and enforceable. 74.2 (g) Of the fees received by the department under this 74.3 subdivision: 74.4 (1) Up to$111,000 received in fiscal year 1997 and up to74.5 $61,000 receivedin subsequent fiscal yearsmust be deposited in 74.6 the general fund. 74.7 (2) All other fees must be deposited in thetrunk highway74.8 driver services operating account in the special revenue fund 74.9 specified in section 299A.705. 74.10 Sec. 40. Minnesota Statutes 2004, section 171.13, 74.11 subdivision 6, is amended to read: 74.12 Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 74.13 applying for an initial motorcycle endorsement on a driver's 74.14 license shall pay at the place of examination a total fee of 74.15 $21, which includes the examination fee and endorsement fee, but 74.16 does not include the fee for a duplicate driver's license 74.17 prescribed in section 171.06, subdivision 2. Of this amount, 74.18 $11 must be credited as provided in section 171.06, subdivision 74.19 2a, paragraph (a), clause (1), $2.50 must be credited to 74.20 thetrunk highwaydriver services operating account in the 74.21 special revenue fund specified under section 299A.705, and the 74.22 remainder must be credited to the general fund. 74.23 Sec. 41. Minnesota Statutes 2004, section 171.13, is 74.24 amended by adding a subdivision to read: 74.25 Subd. 7. [REPEAT EXAMINATION FEE.] (a) A fee of $10 must 74.26 be paid by an individual to take a third and any subsequent 74.27 knowledge test administered by the department if the individual 74.28 has failed two previous consecutive knowledge tests on the 74.29 subject. 74.30 (b) A fee of $20 must be paid by an individual to take a 74.31 third and any subsequent skills or road test administered by the 74.32 department if the individual has previously failed two 74.33 consecutive skill or road tests in a specified class of motor 74.34 vehicle. 74.35 (c) All fees received under this subdivision must be paid 74.36 into the state treasury and credited to the driver services 75.1 operating account in the special revenue fund specified under 75.2 section 299A.705. 75.3 Sec. 42. Minnesota Statutes 2004, section 171.20, 75.4 subdivision 4, is amended to read: 75.5 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 75.6 reinstated, (1)a personan individual whose driver's license 75.7 has been suspended under section 171.16, subdivision 2; 171.18, 75.8 except subdivision 1, clause (10); or 171.182, or who has been 75.9 disqualified from holding a commercial driver's license under 75.10 section 171.165, and (2)a personan individual whose driver's 75.11 license has been suspended under section 171.186 and who is not 75.12 exempt from such a fee, must pay a fee of $20. 75.13 (b) Before the license is reinstated,a personan 75.14 individual whose license has been suspended under sections 75.15 169.791 to 169.798 must pay a $20 reinstatement fee. 75.16 (c) When fees are collected by a licensing agent appointed 75.17 under section 171.061, a handling charge is imposed in the 75.18 amount specified under section 171.061, subdivision 4. The 75.19 reinstatement fee and surcharge must be deposited in an approved 75.20 state depository as directed under section 171.061, subdivision 75.21 4. 75.22 (d) A suspension may be rescinded without fee for good 75.23 cause. 75.24 Sec. 43. Minnesota Statutes 2004, section 171.26, is 75.25 amended to read: 75.26 171.26 [MONEY CREDITED TO FUNDS.] 75.27 Subdivision 1. [DRIVER SERVICES OPERATING ACCOUNT.] All 75.28 money received under this chapter must be paid into the state 75.29 treasury and credited to thetrunk highwaydriver services 75.30 operating account in the special revenue fund specified under 75.31 section 299A.705, except as provided in subdivision 3; sections 75.32 171.06, subdivision 2a; 171.07, subdivision 11, paragraph 75.33 (g);171.12, subdivision 8;and 171.29, subdivision 2, paragraph 75.34 (b). 75.35 Subd. 2. [TRUNK HIGHWAY FUND.] (a) Notwithstanding 75.36 subdivision 1 or any other provision in this chapter to the 76.1 contrary, for the four fiscal years from July 1, 2005, through 76.2 June 30, 2009, a portion of the money collected by the 76.3 department under this chapter in each fiscal year must be 76.4 deposited in the trunk highway fund as follows: 76.5 (1) for fiscal year 2006, the first $833,000 collected; 76.6 (2) for fiscal year 2007, the first $1,523,000 collected; 76.7 (3) for fiscal year 2008, the first $1,565,000 collected; 76.8 and 76.9 (4) for fiscal year 2009, the first $1,825,000 collected. 76.10 (b) This subdivision expires July 1, 2009. 76.11 Subd. 3. [PROVISIONAL LICENSE RESTRICTION WAIVER CARD 76.12 ACCOUNT.] All revenue from fees received for provisional license 76.13 restriction waiver cards must be deposited in a provisional 76.14 license restriction waiver card account in the special revenue 76.15 fund. Money in the account is appropriated to the commissioner 76.16 for costs relating to providing the cards to parents or 76.17 guardians who apply for them. 76.18 Sec. 44. Minnesota Statutes 2004, section 171.29, 76.19 subdivision 2, is amended to read: 76.20 Subd. 2. [REINSTATEMENT FEES AND SURCHARGES ALLOCATED AND 76.21 APPROPRIATED.] (a)A personAn individual whose driver's license 76.22 has been revoked as provided in subdivision 1, except under 76.23 section 169A.52, 169A.54, or 609.21,shallmust pay a $30 fee 76.24 before the driver's license is reinstated. 76.25 (b) A person whose driver's license has been revoked as 76.26 provided in subdivision 1 under section 169A.52, 169A.54, or 76.27 609.21,shallmust pay a $250 fee plus a $40 surcharge before 76.28 the driver's license is reinstated. Beginning July 1, 2002, the 76.29 surcharge is $145. Beginning July 1, 2003, the surcharge is 76.30 $430. The $250 fee is to be credited as follows: 76.31 (1) Twenty percent must be credited to thetrunk highway76.32 driver services operating account in the special revenue fund as 76.33 specified in section 299A.705. 76.34 (2) Sixty-seven percent must be credited to the general 76.35 fund. 76.36 (3) Eight percent must be credited to a separate account to 77.1 be known as the Bureau of Criminal Apprehension account. Money 77.2 in this account may be appropriated to the commissioner of 77.3 public safety and the appropriated amount must be apportioned 80 77.4 percent for laboratory costs and 20 percent for carrying out the 77.5 provisions of section 299C.065. 77.6 (4) Five percent must be credited to a separate account to 77.7 be known as the vehicle forfeiture account, which is created in 77.8 the special revenue fund. The money in the account is annually 77.9 appropriated to the commissioner for costs of handling vehicle 77.10 forfeitures. 77.11 (c) The revenue from $50 of each surcharge must be credited 77.12 to a separate account to be known as the traumatic brain injury 77.13 and spinal cord injury account. The money in the account is 77.14 annually appropriated to the commissioner of health to be used 77.15 as follows: 83 percent for contracts with a qualified 77.16 community-based organization to provide information, resources, 77.17 and support to assist persons with traumatic brain injury and 77.18 their families to access services, and 17 percent to maintain 77.19 the traumatic brain injury and spinal cord injury registry 77.20 created in section 144.662. For the purposes of this 77.21clauseparagraph, a "qualified community-based organization" is 77.22 a private, not-for-profit organization of consumers of traumatic 77.23 brain injury services and their family members. The 77.24 organization must be registered with the United States Internal 77.25 Revenue Service under section 501(c)(3) as a tax-exempt 77.26 organization and must have as its purposes: 77.27 (i) the promotion of public, family, survivor, and 77.28 professional awareness of the incidence and consequences of 77.29 traumatic brain injury; 77.30 (ii) the provision of a network of support for persons with 77.31 traumatic brain injury, their families, and friends; 77.32 (iii) the development and support of programs and services 77.33 to prevent traumatic brain injury; 77.34 (iv) the establishment of education programs for persons 77.35 with traumatic brain injury; and 77.36 (v) the empowerment of persons with traumatic brain injury 78.1 through participation in its governance. 78.2NoA patient's name, identifying information, or identifiable 78.3 medical datawillmust not be disclosed to the organization 78.4 without the informed voluntary written consent of the patient or 78.5 patient's guardian or, if the patient is a minor, of the parent 78.6 or guardian of the patient. 78.7 (d) The remainder of the surcharge must be credited to a 78.8 separate account to be known as the remote electronic 78.9 alcohol-monitoring program account. The commissioner shall 78.10 transfer the balance of this account to the commissioner of 78.11 finance on a monthly basis for deposit in the general fund. 78.12 (e) When these fees are collected by a licensing agent, 78.13 appointed under section 171.061, a handling charge is imposed in 78.14 the amount specified under section 171.061, subdivision 4. The 78.15 reinstatement fees and surcharge must be deposited in an 78.16 approvedstatedepository as directed under section 171.061, 78.17 subdivision 4. 78.18 Sec. 45. Minnesota Statutes 2004, section 171.36, is 78.19 amended to read: 78.20 171.36 [LICENSE RENEWAL; FEES; PROCEEDS TOTRUNK HIGHWAY78.21FUNDDRIVER SERVICES OPERATING ACCOUNT.] 78.22 All licensesshallexpire one year from the date of 78.23 issuance and may be renewed upon application to the 78.24 commissioner. Each application for an original or renewal 78.25 school licenseshallmust be accompanied by a fee of $150 and 78.26 each application for an original or renewal instructor's license 78.27shallmust be accompanied by a fee of $50. The license fees 78.28 collected under sections 171.33 to 171.41shallmust be paid 78.29 into thetrunk highwaydriver services operating account in the 78.30 special revenue fund specified under section 299A.705.NoA 78.31 license feeshallmust not be refunded in the event that the 78.32 license is rejected or revoked. 78.33 Sec. 46. Minnesota Statutes 2004, section 179A.03, 78.34 subdivision 7, is amended to read: 78.35 Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means 78.36 firefighters, peace officers subject to licensure under sections 79.1 626.84 to 626.863, 911 system and police and fire department 79.2 public safety dispatchers, guards at correctional facilities, 79.3 confidential employees, supervisory employees, assistant county 79.4 attorneys, assistant city attorneys, principals, and assistant 79.5 principals. However, for state employees, "essential employee" 79.6 means all employees in law enforcement, public safety radio 79.7 communications operators, health care professionals, 79.8 correctional guards, professional engineering, and supervisory 79.9 collective bargaining units, irrespective of severance, and no 79.10 other employees. For University of Minnesota employees, 79.11 "essential employee" means all employees in law enforcement, 79.12 nursing professional and supervisory units, irrespective of 79.13 severance, and no other employees. "Firefighters" means 79.14 salaried employees of a fire department whose duties include, 79.15 directly or indirectly, controlling, extinguishing, preventing, 79.16 detecting, or investigating fires. Employees for whom the state 79.17 court administrator is the negotiating employer are not 79.18 essential employees. 79.19 [EFFECTIVE DATE.] This section is effective July 1, 2005. 79.20 Sec. 47. Minnesota Statutes 2004, section 179A.10, 79.21 subdivision 2, is amended to read: 79.22 Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless 79.23 otherwise excluded, are included within the units which include 79.24 the classifications to which they are assigned for purposes of 79.25 compensation. Supervisory employees shall only be assigned to 79.26 units 12 and 16. The following are the appropriate units of 79.27 executive branch state employees: 79.28 (1) law enforcement unit; 79.29 (2) craft, maintenance, and labor unit; 79.30 (3) service unit; 79.31 (4) health care nonprofessional unit; 79.32 (5) health care professional unit; 79.33 (6) clerical and office unit; 79.34 (7) technical unit; 79.35 (8) correctional guards unit; 79.36 (9) state university instructional unit; 80.1 (10) state college instructional unit; 80.2 (11) state university administrative unit; 80.3 (12) professional engineering unit; 80.4 (13) health treatment unit; 80.5 (14) general professional unit; 80.6 (15) professional state residential instructional unit;and80.7 (16) supervisory employees unit; and 80.8 (17) public safety radio communications operator unit. 80.9 Each unit consists of the classifications or positions 80.10 assigned to it in the schedule of state employee job 80.11 classification and positions maintained by the commissioner. 80.12 The commissioner may only make changes in the schedule in 80.13 existence on the day prior to August 1, 1984, as required by law 80.14 or as provided in subdivision 4. 80.15 [EFFECTIVE DATE.] This section is effective July 1, 2005. 80.16 Sec. 48. [299A.705] [DRIVER AND VEHICLE SERVICES OPERATING 80.17 ACCOUNTS.] 80.18 Subdivision 1. [VEHICLE SERVICES OPERATING ACCOUNT.] (a) 80.19 The vehicle services operating account is created in the special 80.20 revenue fund, consisting of all money from the vehicle services 80.21 fees specified in chapters 168 and 168A and any other money 80.22 otherwise donated, allotted, appropriated, or legislated to this 80.23 account. 80.24 (b) Funds appropriated are available to administer vehicle 80.25 services as specified in chapters 168 and 168A and section 80.26 169.345, including: 80.27 (1) designing, producing, issuing, and mailing vehicle 80.28 registrations, plates, emblems, and titles; 80.29 (2) collecting title and registration taxes and fees; 80.30 (3) transferring vehicle registration plates and titles; 80.31 (4) maintaining vehicle records; 80.32 (5) issuing disability certificates and plates; 80.33 (6) licensing vehicle dealers; 80.34 (7) appointing, monitoring, and auditing deputy registrars; 80.35 and 80.36 (8) inspecting vehicles when required by law. 81.1 Subd. 2. [DRIVER SERVICES OPERATING ACCOUNT.] (a) The 81.2 driver services operating account is created in the special 81.3 revenue fund, consisting of all money collected under chapter 81.4 171 and any other money otherwise donated, allotted, 81.5 appropriated, or legislated to the account. 81.6 (b) Money in the account must be used by the commissioner 81.7 of public safety to administer the driver services specified in 81.8 chapters 169A and 171, including the activities associated with 81.9 producing and mailing drivers' licenses and identification cards 81.10 and notices relating to issuance, renewal, or withdrawal of 81.11 driving and identification card privileges for any fiscal year 81.12 or years and for the testing and examination of drivers. 81.13 Sec. 49. [FUND TRANSFER.] 81.14 The commissioner of finance shall transfer the following 81.15 amounts to the general fund in each year of the 2006-2007 81.16 biennium: 81.17 (1) $750,000 from the driver services operating account; 81.18 and 81.19 (2) $250,000 from the vehicle services operating account. 81.20 Sec. 50. [TRANSITION.] 81.21 Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.] 81.22 The commissioner of the bureau of mediation services shall 81.23 assign the job classifications and positions of employees 81.24 working as public safety radio communications operators to state 81.25 employee bargaining unit 17. 81.26 Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms 81.27 and conditions of the collective bargaining agreement, memoranda 81.28 of understanding, or other salary and benefit provisions 81.29 covering public safety radio communications operators 81.30 immediately before the effective date of this section remain in 81.31 effect until a successor agreement between the commissioner of 81.32 employee relations and the exclusive representative of 81.33 bargaining unit 17 becomes effective, subject to Minnesota 81.34 Statutes, section 179A.20, subdivision 6. 81.35 Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee 81.36 organization that is the exclusive representative of employees 82.1 assigned to bargaining unit 17 on the day before the effective 82.2 date of this section must be certified by the commissioner of 82.3 the Bureau of Mediation Services as the exclusive representative 82.4 of newly created bargaining unit 17, subject to future changes 82.5 as provided in Minnesota Statutes, section 179A.12. For 82.6 employees assigned to bargaining unit 17, the exclusive 82.7 representative retains all rights and obligations under the 82.8 contract governing these employees immediately before the 82.9 effective date of this section, so long as that contract 82.10 continues to apply to those employees. 82.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 82.12 Sec. 51. [INSTRUCTION TO REVISOR.] 82.13 (a) In the statute listed in column A, the revisor shall 82.14 change the reference in column B to the reference shown in 82.15 column C: 82.16 A B C 82.17 168.181, sections 168.181 this section and 82.18 subdivision 1 to 168.231 sections 168.183 82.19 to 168.221 82.20 168.211 168.231 168.221 82.21 168.221 168.231 168.211 and this 82.22 section 82.23 168.346 168.345, 168.327, 82.24 subdivision 4 subdivision 3 82.25 (b) The revisor of statutes shall renumber Minnesota 82.26 Statutes, section 168.33, subdivision 3, as section 168.0185. 82.27 (c) The revisor of statutes shall also correct any 82.28 references in Minnesota Rules to the rules repealed or 82.29 renumbered by this act, as appropriate. 82.30 Sec. 52. [REPEALER.] 82.31 (a) Minnesota Statutes 2004, sections 168.012, subdivision 82.32 12; 168.041, subdivision 11; 168.105, subdivision 6; 168.231; 82.33 168.345, subdivisions 3 and 4; 170.23; 171.12, subdivision 8; 82.34 and 171.185, are repealed. 82.35 (b) Minnesota Statutes 2004, sections 168C.01; 168C.02; 82.36 168C.03; 168C.04; 168C.05; 168C.06; 168C.07; 168C.08; 168C.09; 83.1 168C.10; 168C.11; 168C.12; and 168C.13, are repealed. 83.2 (c) Minnesota Rules, parts 7407.0100; 7407.0200; 7407.0300; 83.3 7407.0400; 7407.0500; 7407.0600; 7407.0700; 7407.0800; 83.4 7407.0900; 7407.1000; 7407.1100; 7407.1200; and 7407.1300, are 83.5 repealed. 83.6 ARTICLE 3 83.7 TRANSPORTATION FUNDING 83.8 Section 1. Minnesota Statutes 2004, section 297B.09, 83.9 subdivision 1, is amended to read: 83.10 Subdivision 1. [DEPOSIT OF REVENUES.] (a) Money collected 83.11 and received under this chapter must be deposited as provided in 83.12 this subdivision. 83.13 (b)From July 1, 2002, to June 30, 2003, 32 percent of the83.14money collected and received must be deposited in the highway83.15user tax distribution fund, 20.5 percent must be deposited in83.16the metropolitan area transit fund under section 16A.88, and83.171.25 percent must be deposited in the greater Minnesota transit83.18fund under section 16A.88. The remaining money must be83.19deposited in the general fund.83.20(c)From July 1, 2003, to June 30, 2007, 30 percent of the 83.21 money collected and received must be deposited in the highway 83.22 user tax distribution fund, 21.5 percent must be deposited in 83.23 the metropolitan area transit fund under section 16A.88, 1.43 83.24 percent must be deposited in the greater Minnesota transit fund 83.25 under section 16A.88, 0.65 percent must be deposited in the 83.26 county state-aid highway fund, and 0.17 percent must be 83.27 deposited in the municipal state-aid street fund. The remaining 83.28 money must be deposited in the general fund. 83.29(d) On and after(c) Beginning July 1, 2007,32 percent of83.30the money collected and received must be deposited in the83.31highway user tax distribution fund, 20.5 percent must be83.32deposited in the metropolitan area transit fund under section83.3316A.88, and 1.25 percent must be deposited in the greater83.34Minnesota transit fund under section 16A.88. The remaining83.35money must be deposited in the general fundthe following 83.36 percentages of the money collected and received under this 84.1 chapter must be deposited as follows: 84.2 (1) in fiscal year 2008, 40.5 percent in the highway user 84.3 tax distribution fund, 21.85 percent in the metropolitan area 84.4 transit fund, and 1.4 percent to the greater Minnesota transit 84.5 fund; 84.6 (2) in fiscal year 2009, 48.75 percent in the highway user 84.7 tax distribution fund, 23.45 percent in the metropolitan area 84.8 transit fund, and 1.55 percent to the greater Minnesota transit 84.9 fund; 84.10 (3) in fiscal year 2010, 57 percent in the highway user tax 84.11 distribution fund, 25.05 percent in the metropolitan area 84.12 transit fund, and 1.7 percent to the greater Minnesota transit 84.13 fund; 84.14 (4) in fiscal year 2011, 65.25 percent in the highway user 84.15 tax distribution fund, 26.65 percent in the metropolitan area 84.16 transit fund, and 1.85 percent to the greater Minnesota transit 84.17 fund; and 84.18 (5) in fiscal year 2012 and subsequent years, 70 percent in 84.19 the highway user tax distribution fund, 28 percent in the 84.20 metropolitan area transit fund, and two percent to the greater 84.21 Minnesota transit fund. 84.22 Money not otherwise deposited under this paragraph must be 84.23 deposited in the general fund. 84.24 [EFFECTIVE DATE.] This section is effective July 1, 2007, 84.25 except that if the constitutional amendment proposed in section 84.26 3 is not adopted at the 2006 general election this section shall 84.27 not take effect. 84.28 Sec. 2. [CONSTITUTIONAL AMENDMENT PROPOSED.] 84.29 An amendment to the Minnesota Constitution is proposed to 84.30 the people. If the amendment is adopted, two sections will be 84.31 added to article XIV to read: 84.32 Sec. 12. Beginning with the fiscal year starting July 1, 84.33 2007, 63.75 percent of the revenue from a tax imposed by the 84.34 state on the sale of a new or used motor vehicle must be 84.35 apportioned for the transportation purposes described in section 84.36 13, then the revenue apportioned for transportation purposes 85.1 must be increased by ten percent for each subsequent fiscal year 85.2 through June 30, 2011, and then the revenue must be apportioned 85.3 100 percent for transportation purposes after June 30, 2011. 85.4 Sec. 13. The revenue apportioned in section 12 must be 85.5 allocated for the following transportation purposes: 70 percent 85.6 to the highway user tax distribution fund, 28 percent to the 85.7 metropolitan area transit fund established by law, and two 85.8 percent to the greater Minnesota transit fund established by law. 85.9 Sec. 3. [SUBMISSION TO VOTERS.] 85.10 The constitutional amendment proposed in section 3 must be 85.11 presented to the people at the 2006 general election. The 85.12 question submitted must be: 85.13 "Shall the Minnesota Constitution be amended to dedicate 85.14 revenue from a tax on the sale of new and used motor vehicles 85.15 over a five-year period, so that after June 30, 2011, all of the 85.16 revenue is dedicated 70 percent for streets and highways, 28 85.17 percent for public transit in the metropolitan area, and two 85.18 percent for public transit outside the metropolitan area? 85.19 Yes ....... 85.20 No ........" 85.21 ARTICLE 4 85.22 COUNTY STATE-AID SYSTEM 85.23 Section 1. Minnesota Statutes 2004, section 162.07, 85.24 subdivision 1, is amended to read: 85.25 Subdivision 1. [FORMULA.] After deducting for 85.26 administrative costs and for the disaster account and research 85.27 account and state park roads as heretofore provided, the 85.28 remainder of the total sum provided for in section 162.06, 85.29 subdivision 1, shall be identified as the apportionment sum and 85.30 shall be apportioned by the commissioner to the several counties 85.31 on the basis of the needs of the counties as determined in 85.32 accordance with the following formula: 85.33 (a) An amount equal to ten percent of the apportionment sum 85.34 shall be apportioned equally among the 87 counties. 85.35 (b) An amount equal to ten percent of the apportionment sum 85.36 shall be apportioned among the several counties so that each 86.1 county shall receive of such amount the percentage that its 86.2 motor vehicle registration for the calendar year preceding the 86.3 one last past, determined by residence of registrants, bears to 86.4 the total statewide motor vehicle registration. 86.5 (c) An amount equal to 30 percent of the apportionment sum 86.6 shall be apportioned among the several counties so that each 86.7 county shall receive of such amount the percentage that its 86.8 total lane-miles of approved county state-aid highways bears to 86.9 the total lane-miles of approved statewide county state-aid 86.10 highways. In 1997 and subsequent years no county may receive, 86.11 as a result of an apportionment under this clause based on 86.12 lane-miles rather than miles of approved county state-aid 86.13 highways, an apportionment that is less than its apportionment 86.14 in 1996. 86.15 (d) An amount equal to 50 percent of the apportionment sum 86.16 shall be apportioned among the several counties so that each 86.17 county shall receive of such amount the percentage that its 86.18 money needs bears to the sum of the money needs of all of the 86.19 individual counties; provided, that the percentage of such86.20amount that each county is to receive shall be adjusted so that86.21each county shall receive in 1958 a total apportionment at least86.22ten percent greater than its total 1956 apportionments from the86.23state road and bridge fund; and provided further that those86.24counties whose money needs are thus adjusted shall never receive86.25a percentage of the apportionment sum less than the percentage86.26that such county received in 1958. 86.27 Sec. 2. Minnesota Statutes 2004, section 162.07, is 86.28 amended by adding a subdivision to read: 86.29 Subd. 7. [CONSTRUCTION APPORTIONMENT.] (a) For purposes of 86.30 this paragraph: 86.31 (1) "construction apportionment" means money allocated to 86.32 counties under this section and not set aside for maintenance 86.33 under section 162.08, subdivision 9; and 86.34 (2) "money needs percentage" means the construction 86.35 apportionment of a county divided by the approved money needs of 86.36 that county. 87.1 (b) No county may receive a construction apportionment in 87.2 any year that is less than that county's average annual 87.3 construction apportionment over calendar years 2001 through 2005. 87.4 (c) After calculating the apportionment for each county 87.5 each year under this section, but before distribution of money 87.6 to counties, the commissioner shall: 87.7 (1) determine the statewide average money needs percentage 87.8 for all counties; 87.9 (2) rank all counties according to the extent to which each 87.10 county is above or below the statewide average money needs 87.11 percentage; 87.12 (3) identify those counties that are more than ten percent 87.13 below the statewide average money needs percentage; and 87.14 (4) to the extent permitted by compliance with paragraph 87.15 (b), allot to each county identified under clause (3) an amount 87.16 that, if added to the county's construction allocation, would be 87.17 sufficient to bring that county up to at least 90 percent of the 87.18 statewide average money needs percentage. 87.19 ARTICLE 5 87.20 TRANSPORTATION POLICY 87.21 Section 1. [160.298] [HIGHWAY SIGN PROGRAM; BILLING, 87.22 ACCOUNT, APPROPRIATION.] 87.23 The commissioner of transportation may bill highway 87.24 operations units of the department and local road authorities 87.25 for the costs of a centrally managed highway sign program. 87.26 These costs may include equipment acquisition and rental, labor, 87.27 materials, and other costs as determined by the commissioner. 87.28 Receipts must be credited to a special account, which is 87.29 established in the trunk highway fund, and are appropriated to 87.30 the commissioner to pay the costs for which the billings are 87.31 made. Amounts credited to the account are exempt from statewide 87.32 and agency indirect costs payments. 87.33 Sec. 2. Minnesota Statutes 2004, section 161.361, 87.34 subdivision 2, is amended to read: 87.35 Subd. 2. [REPAYMENT.] Subject to the availability of state 87.36 money, the commissioner shall repay the amounts advanced under 88.1 this section, up to the state's share of project costs, under 88.2 terms of the agreement. The agreement may provide for payment 88.3 of interest for funds advanced under subdivisions 1a and 1b at a 88.4 rate of interest agreed upon by the parties.The maximum88.5interest rate that may be paid is the rate earned by the state88.6on invested commissioner of finance cash for the month before88.7the date the agreement is executed or the actual interest paid88.8by the road authority in borrowing for the amount advanced,88.9whichever rate is less.88.10 Sec. 3. Minnesota Statutes 2004, section 162.06, 88.11 subdivision 2, is amended to read: 88.12 Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.]A sum of88.131-1/2Two percentshallmust be deducted from the total amount 88.14 available in the county state-aid highway fund, set aside in a 88.15 separate account, and used for administrative costs incurred by 88.16 the state Transportation Department in carrying out the 88.17 provisions relating to the county state-aid highway system. 88.18 Sec. 4. Minnesota Statutes 2004, section 162.08, 88.19 subdivision 3, is amended to read: 88.20 Subd. 3. [AID TO TOWNS.] (a) Any county having within its 88.21 boundaries organized town governments may, by resolution, 88.22 allocate to the towns within its boundaries so much of the money 88.23 apportioned to it under the provisions of sections 162.01 to 88.24 162.181, that it deems necessary to aidthe townshipsin the 88.25 construction of town roads, including replacement of town road 88.26 signs. The resolution shall set forth the amount of money or 88.27 the percentage of its apportionment that the county has 88.28 allocated to the towns. A certified copy of the resolution 88.29 shall be forwarded to the commissioner on or before the second 88.30 Tuesday of January of each year. Upon receipt of such 88.31 resolution and upon determining the amount of money to be 88.32 apportioned to the county, the commissioner shall certify to the 88.33 commissioner of finance the amount of money, as set forth in the 88.34 resolution, that is to be paid out of the county's apportionment 88.35 for distribution to the towns. The commissioner of finance 88.36 shall thereupon issue a warrant in that amount payable to the 89.1 county treasurer, and the proceeds thereof shall be distributed 89.2 by the county to the towns. All money so allocated and 89.3 distributed shall be used by the towns solely for the 89.4 construction of town roads, including replacement of town road 89.5 signs. 89.6 (b) Each county board so allocating such funds may devise a 89.7 formula taking into account each town's levy for road and bridge 89.8 purposes, its mileage of town roads and population outside the 89.9 corporate limits of all cities within the township, and such 89.10 other factors as the county board shall deem advisable as a 89.11 means of dividing the allocation among the several towns in 89.12 order that such division among the towns be as equitable as 89.13 possible. No part of the money allocated for expenditure solely 89.14 within cities having a population of less than 5,000 shall be 89.15 allocated or distributed to the towns. The commissioner of 89.16 transportation shall maintain a permanent record of the 89.17 allocations of county state-aid highway fundstofor the 89.18 townships in each county. 89.19 (c) In making the annual apportionments of county state-aid 89.20 highway funds, the commissioner shall reduce the money needs of 89.21 said counties in the amounts necessary to equalize their status 89.22 with those counties not making suchtownshipallotments. In 89.23 complying with this paragraph, the commissioner shall disregard 89.24 allotments to towns for replacement of town road signs. 89.25 Sec. 5. Minnesota Statutes 2004, section 168.011, 89.26 subdivision 3, is amended to read: 89.27 Subd. 3. [HIGHWAY.]A"Highway"is any public thoroughfare89.28for vehicles, including streets in citieshas the meaning given 89.29 "street or highway" in section 169.01, subdivision 29. 89.30 Sec. 6. Minnesota Statutes 2004, section 168.011, 89.31 subdivision 4, is amended to read: 89.32 Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any 89.33 self-propelled vehicle designed and originally manufactured to 89.34 operate primarilyupon public roads andon highways, and not 89.35 operated exclusively upon railroad tracks. It includes any 89.36 vehicle propelled or drawn by a self-propelled vehicle and 90.1 includes vehicles known as trackless trolleys that are propelled 90.2 by electric power obtained from overhead trolley wires but not 90.3 operated upon rails. It does not include snowmobiles, 90.4 manufactured homes, or park trailers. 90.5 (b) "Motor vehicle"alsoincludes an all-terrain vehicle,90.6as defined in section 84.92, subdivision 8, thatonly if the 90.7 all-terrain vehicle (1) has at least four wheels, (2) is owned 90.8 and operated by a physically disabled person, and (3) displays 90.9 both physically disabledlicenseplates and a physically 90.10 disabled certificate issued under section 169.345, subdivision 3. 90.11 (c) "Motor vehicle" does not include an all-terrain vehicle 90.12as defined in section 84.92, subdivision 8;except (1) an 90.13 all-terrain vehicle described in paragraph (b), or (2) an 90.14 all-terrain vehicle licensed as a motor vehicle before August 1, 90.15 1985. The owner may continue to license an all-terrain vehicle 90.16 described in clause (2) as a motor vehicle until it is conveyed 90.17 or otherwise transferred to another owner, is destroyed, or 90.18 fails to comply with the registration and licensing requirements 90.19 of this chapter. 90.20 (d) "Motor vehicle" does not include an electric personal 90.21 assistive mobility device as defined in section 169.01, 90.22 subdivision 90. 90.23 Sec. 7. Minnesota Statutes 2004, section 168.011, 90.24 subdivision 5, is amended to read: 90.25 Subd. 5. [OWNER.] "Owner" means any person, firm,90.26association, or corporationowning orrentingleasing amotor90.27 vehicle, or having the exclusive usethereofof the vehicle, 90.28 under a lease or otherwise, for a periodofgreater than 30 days. 90.29 Sec. 8. Minnesota Statutes 2004, section 168.011, 90.30 subdivision 5a, is amended to read: 90.31 Subd. 5a. [REGISTERED OWNER.] "Registered owner" means any 90.32 person,firm, association, or corporation,other than a secured 90.33 party, having title to amotorvehicle. If a passenger 90.34 automobile, as defined in subdivision 7,is under lease for a 90.35 term of 180 days or more, the lessee is deemed to be the 90.36 registered owner, for purposes of registration only,; provided 91.1 that the application for renewal of the registration of a 91.2 passenger automobiledescribed in this subdivision shall beis 91.3 sent to the lessor. 91.4 Sec. 9. Minnesota Statutes 2004, section 168.011, 91.5 subdivision 6, is amended to read: 91.6 Subd. 6. [TAX, FEE.] "Tax"or "fee"means the annual 91.7 registration tax imposed onmotorvehicles in lieu of all other 91.8 taxesthereon, except wheelage taxes, so-called,which may be 91.9 imposed by any city, andexceptgross earnings taxes paid by 91.10 companiessubject or made subject thereto.SuchThe annual tax 91.11shall be deemedis both a property tax and a highway use tax and 91.12 shall be on the basis of the calendar year. 91.13 Sec. 10. Minnesota Statutes 2004, section 168.011, 91.14 subdivision 7, is amended to read: 91.15 Subd. 7. [PASSENGER AUTOMOBILE.] (a) "Passenger automobile" 91.16 means any motor vehicle designed and used for carrying not more 91.17 than 15personsindividuals including the driver. 91.18 (b) "Passenger automobile" does not include motorcycles, 91.19 motor scooters,and buses described in subdivision 9, paragraph91.20(a), clause (2)buses, or school buses. 91.21 (c)For purposes of taxation only, "Passenger automobile"91.22 includes pickup trucks and vans, including those vans designed 91.23 to carry passengers, with a manufacturer's nominal rated 91.24 carrying capacity of one ton, but does not include commuter vans 91.25 as defined in section 168.126. 91.26 Sec. 11. Minnesota Statutes 2004, section 168.011, 91.27 subdivision 25, is amended to read: 91.28 Subd. 25. [RECREATIONALEQUIPMENTVEHICLE.] (a) 91.29 "Recreationalequipmentvehicle" means travel trailers including 91.30 thosewhichthat telescope or fold down, chassis-mounted 91.31 campers,house cars,motor homes, tent trailers,slip-in91.32campers,and converted buses that provide temporary human living 91.33 quarters.A91.34 (b) "Recreational vehicle" isconsidered to provide91.35temporary living quarters if ita vehicle that: 91.36 (1) is not used as the residence of the owner or occupant; 92.1 (2) is usedfor temporary living quarters by the owner or92.2occupantwhile engaged in recreational or vacation activities; 92.3 and 92.4 (3) is either self-propelled or towed on thepublic streets92.5orhighways incidental to the recreational or vacation 92.6 activities. 92.7(b) For the purposes of this subdivision, aSubd. 25a. 92.8 [MOTOR HOME.] "Motor home" means aunitrecreational vehicle 92.9 designed to provide temporary living quarters,. The motor home 92.10 has a living unit built into as an integral part of, or 92.11 permanently attached to the chassis of, aself-propelledmotor 92.12 vehiclechassisor van. 92.13 (a) A motor home must contain permanently installed, 92.14 independent, life-support systemswhichthat meet the American 92.15 National Standards Institute standard number A119.2 for 92.16 recreational vehicles and provide at least four of the following 92.17 facilities, two of which must be from the systems listed in 92.18 clauses (1), (5), and (6): (1) a cooking facility with liquid 92.19 propane gas supply, (2) a refrigerator, (3) a self-contained 92.20 toilet or a toilet connected to a plumbing system with a 92.21 connection for external water disposal, (4) a heating or air 92.22 conditioning system separate from the motor vehicle engine, (5) 92.23 a potable water supply system including a sink with a faucet 92.24 either self-contained or with connections for an external 92.25 source, and (6) a separate 110-125voltvolts electrical power 92.26 supply. 92.27 (b) For purposes of this subdivision, "permanently 92.28 installed" means built into or attached as an integral part of a 92.29 chassis or van, and designed not to be removed except for repair 92.30 or replacement. A systemwhichthat is readily removable or 92.31 held in place by clamps or tie-downs is not permanently 92.32 installed. 92.33 (c) Motor homes includebut are not limited to, the92.34followinga: 92.35 (1) type A motor home-, which is a raw chassis upon which 92.36 is built a driver's compartment and an entire body that provides 93.1 temporary living quarters asdefineddescribed inthis93.2 paragraph (a); 93.3 (2) type B motor home-, which is avan-type vehiclevan 93.4 that conforms to themotor home definitiondescription inthis93.5 paragraph (a) and has been completed or altered bythea 93.6 final-stage manufacturer; and 93.7 (3) type C motor home-, which is an incomplete vehicle 93.8 upon which is permanently attached a body designed to provide 93.9 temporary living quarters asdefineddescribed inthis93.10 paragraph (a). 93.11 (d) A motor vehicle with a slip-incampers arecamper or 93.12 other removable equipment that is mounted into or on a motor 93.13 vehiclecommonly known as a pickup truck, in the pickup box,93.14either by bolting through the floor of the pickup box or by93.15firmly clamping to the side of the pickup box. The vehicle93.16mayis not a motor home, is not a recreational vehicle, and must 93.17 not be registered as a recreational vehicle under section 93.18 168.013. 93.19 Sec. 12. Minnesota Statutes 2004, section 168.011, is 93.20 amended by adding a subdivision to read: 93.21 Subd. 37. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" has 93.22 the meaning given in section 84.92, subdivision 8. 93.23 Sec. 13. Minnesota Statutes 2004, section 168.011, is 93.24 amended by adding a subdivision to read: 93.25 Subd. 38. [PERSON.] "Person" has the meaning given in 93.26 section 168A.01, subdivision 14. 93.27 Sec. 14. Minnesota Statutes 2004, section 168.011, is 93.28 amended by adding a subdivision to read: 93.29 Subd. 39. [STATE.] "State" means a state of the United 93.30 States, the District of Columbia, Puerto Rico, the United States 93.31 Virgin Islands, or any territory or insular possession subject 93.32 to the jurisdiction of the United States. 93.33 Sec. 15. Minnesota Statutes 2004, section 168.011, is 93.34 amended by adding a subdivision to read: 93.35 Subd. 40. [VEHICLE.] "Vehicle" has the meaning given in 93.36 section 168A.011, subdivision 24. 94.1 Sec. 16. Minnesota Statutes 2004, section 168.091, 94.2 subdivision 1, is amended to read: 94.3 Subdivision 1. [NONRESIDENT BUYER.] (a) Upon payment of a 94.4 fee of $1, theregistrarcommissioner may issue a permit to a 94.5 nonresident purchasing anew or used motorvehicle in this state 94.6 for the sole purpose of allowingsuch nonresident to removethe 94.7 vehicle to be removed from this statefor registration in94.8another state or country.Such94.9 (b) The permitshall beis in lieu of any other 94.10 registration or taxation for use of the highways andshall beis 94.11 valid for a period of 31 days from the date of sale, trade, or 94.12 gift. 94.13 (c) The permitshallmust be available insuch forman 94.14 electronic format asthe registrar may determine and, whenever94.15practicable, shall bedetermined by the commissioner. 94.16 (d) If the sale, gift, or trade information is 94.17 electronically transmitted to the commissioner by a dealer or 94.18 deputy registrar of motor vehicles, the $1 fee is waived. 94.19 (e) The permit must be posted upon the left side of the 94.20 inside rear window of the vehicle or, if not practicable, where 94.21 it is plainly visible to law enforcement. Eachsuch94.22 permitshall beis valid only for the vehicle for which the 94.23 permit was issued. 94.24 Sec. 17. Minnesota Statutes 2004, section 168.10, 94.25 subdivision 1c, is amended to read: 94.26 Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a) 94.27 The owner of any motor vehicle, including any truck, (1) that 94.28 is (i) at least 20 model years old, or (ii) at least ten model 94.29 years old and with a body or engine style of which not more than 94.30 500 were manufactured or imported into the United States in any 94.31 model year, (2) that was manufactured after 1935, and (3) that 94.32 is owned and operated solely as a collector's vehicle, shall 94.33 list the vehicle for taxation and registration 94.34 asfollows:provided in paragraph (b). 94.35(1)(b) The owner shall execute an affidavit stating (1) 94.36 the name and address of the person from whom purchased and of 95.1 the new owner, (2) the make of the motor vehicle, (3) the year 95.2 and number of the model, (4) the manufacturer's identification 95.3 number, (5) in the case of a vehicle described in paragraph (a), 95.4 clause (1)(ii), that the vehicle has a body or engine style of 95.5 which not more than 500 were manufactured or imported into the 95.6 United States in any model year, and (6) that the vehicle is 95.7 owned and operated solely as a collector's item and not for 95.8 general transportation purposes; and. 95.9(2)(c) The owner shall provide a statement of the 95.10 manufacturer or importer regarding the number of vehicles 95.11 manufactured or imported during the model year. 95.12 (d) The owner shall also prove that the owner also has one 95.13 or more vehicles with regular license plates. 95.14 If the registrar is satisfied that the affidavit is true and 95.15 correct and the owner pays a $25 tax, the registrar shall list 95.16 the vehicle for taxation and registration and shall issue a 95.17 single number plate. 95.18(b)(e) The number plate issued shall bear the inscription 95.19 "Collector," "Minnesota," and the registration number or other 95.20 combination of characters authorized under section 168.12, 95.21 subdivision 2a, but no date. The number plate is valid without 95.22 renewal as long as the vehicle is in existence. The registrar 95.23 has the power to revoke the plate for failure to comply with 95.24 this subdivision. 95.25 [EFFECTIVE DATE.] This section is effective the day 95.26 following final enactment. 95.27 Sec. 18. Minnesota Statutes 2004, section 168.12, 95.28 subdivision 2a, is amended to read: 95.29 Subd. 2a. [PERSONALIZED PLATES; RULES.] (a) Personalized 95.30 license plates or, if requested for special plates issued under 95.31 section 168.123 for veterans, 168.124 for medal of honor 95.32 recipients, or 168.125 for former prisoners of war, applicable 95.33 personalized special veterans license plates must be issued to 95.34 an applicant for registration of a passenger automobile 95.35 including a passenger automobile registered as a classic car, 95.36 pioneer car, collector car, or street rod; van; pickup truck as 96.1 defined in section 168.011, subdivision 29, and any other truck 96.2 with a manufacturer's nominal rated capacity of one ton or less 96.3 and resembling a pickup truck; motorcycle including a classic 96.4 motorcycle; or self-propelled recreational vehicle, upon 96.5 compliance with the laws of this state relating to registration 96.6 of the vehicle and upon payment of a onetime fee of $100 in 96.7 addition to the registration tax required by law for the 96.8 vehicle. The registrar shall designateareplacementfeefees 96.9 for personalized license plates and personalized special 96.10 veterans license plates issued according to section 168.123 that 96.11isare calculated to cover the cost of replacement.This fee96.12 These fees must be paid by the applicant whenever 96.13 thepersonalized licenseplates are required to be replaced by 96.14 law. However, in accordance with sections 168.124, subdivision 96.15 3, and 168.125, subdivision 1b, a fee may not be charged to 96.16 replace personalized special veterans license plates issued 96.17 according to section 168.124 or 168.125. In lieu of the numbers 96.18 assigned as provided in subdivision 1, personalized license 96.19 plates and personalized special veterans license plates must 96.20 have imprinted on them a series of not more than seven numbers 96.21 and letters, or five numbers and letters in the case of 96.22 personalized special veterans license plates in any combination 96.23 and, as applicable, satisfy the design requirements of section 96.24 168.123, 168.124, or 168.125. When an applicant has once 96.25 obtained personalized license plates or personalized special 96.26 veterans license plates, the applicantshall havehas a prior 96.27 claim for similar personalized plates in the next succeeding 96.28 year as long as current registration is maintained. The 96.29 commissioner of public safety shall adopt rules in the manner 96.30 provided by chapter 14, regulating the issuance and transfer of 96.31 personalized license plates and personalized special veterans 96.32 license plates. No words or combination of letters placed 96.33 onpersonalized licensethese plates may be used for commercial 96.34 advertising, be of an obscene, indecent, or immoral nature, or 96.35 be of a nature that would offend public morals or decency. The 96.36 call signals or letters of a radio or television station are not 97.1 commercial advertising for the purposes of this subdivision. 97.2 (b) Notwithstanding the provisions of subdivision 1, 97.3 personalized license plates and personalized special veterans 97.4 license plates issued under this subdivision may be transferred 97.5 to another motor vehicle described in paragraph (a) and owned or 97.6 jointly owned by the applicant, upon the payment of a fee of $5, 97.7 which must be paid into the state treasury and credited to the 97.8 highway user tax distribution fund. The registrar may by rule 97.9 provide a form for notification. A personalized license 97.10 plate or personalized special veterans license plate issued for 97.11 a classic car, pioneer car, collector car, street rod, or 97.12 classic motorcycle may not be transferred to a vehicle not 97.13 eligible for such a license plate. 97.14 (c) Notwithstanding any law to the contrary, if the 97.15personalized licenseplates are lost, stolen, or destroyed, the 97.16 applicant may apply and shall receive duplicate license plates 97.17 bearing the same combination of letters and numbers and the same 97.18 design as: 97.19 (1) the former personalized license plates or personalized 97.20 special veterans license plates issued according to section 97.21 168.123, upon the payment of the fee required by section 168.29; 97.22 or 97.23 (2) the former personalized special veterans license plates 97.24 issued according to section 168.124 or 168.125, without charge. 97.25 (d) Fees from the sale of permanent and duplicate 97.26 personalizedlicenseplates must be paid into the state treasury 97.27 and credited to the highway user tax distribution fund. 97.28 [EFFECTIVE DATE.] This section is effective August 1, 2006. 97.29 Sec. 19. Minnesota Statutes 2004, section 168.123, 97.30 subdivision 1, is amended to read: 97.31 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 97.32 payment of a fee of $10 for each set of two plates, or for a 97.33 single plate in the case of a motorcycle plate, payment of the 97.34 registration tax required by law, and compliance with other laws 97.35 relating to the registration and licensing of a passenger 97.36 automobile, pickup truck, one-ton truck described in clause (1), 98.1 van, self-propelled recreational equipment, or motorcycle, as 98.2 applicable, the registrar shall issue: 98.3 (1) special license plates to an applicant who served in 98.4 the active military service in a branch of the armed forces of 98.5 the United States or of a nation or society allied with the 98.6 United States in conducting a foreign war, was discharged under 98.7 honorable conditions, and is an owner or joint owner of a 98.8 passenger automobile, pickup truck, van,orself-propelled 98.9 recreational equipment, or truck resembling a pickup truck and 98.10 having a manufacturer's nominal rated capacity of one ton, but 98.11 which is not a commercial motor vehicle as defined in section 98.12 169.01, subdivision 75; or 98.13 (2) a special motorcycle license plate as described in 98.14 subdivision 2, paragraph (a), (f), (h), or (i), or another 98.15 special license plate designed by the commissioner of public 98.16 safety to an applicant who isa Vietnam veteran who served after98.17July 1, 1961, and before July 1, 1978, and who served in the98.18active military service in a branch of the armed forces of the98.19United States in conducting a foreign war, was discharged under98.20honorable conditions, and isan owner or joint owner of a 98.21 motorcycle and meets the criteria listed in this paragraph and 98.22 in subdivision 2, paragraph (a), (f), (h), or (i). Plates 98.23 issued under this clause must be the same size as standard 98.24 motorcycle license plates. Special motorcycle license plates 98.25 issued under this clause are not subject to section 168.1293. 98.26 (b) The additional fee of $10 is payable for each set of 98.27 plates, is payable only when the plates are issued, and is not 98.28 payable in a year in which tabs or stickers are issued instead 98.29 of number plates.An applicant must not be issued more than two98.30sets of plates for vehicles listed in paragraph (a) and owned or98.31jointly owned by the applicant.98.32 (c) The veteranshallmust have a certified copy of the 98.33 veteran's discharge papers, indicating character of discharge, 98.34 at the time of application. If an applicant served in the 98.35 active military service in a branch of the armed forces of a 98.36 nation or society allied with the United States in conducting a 99.1 foreign war and is unable to obtain a record of that service and 99.2 discharge status, the commissioner of veterans affairs may 99.3 certify the applicant as qualified for the veterans' license 99.4 plates provided under this section. 99.5 (d) For license plates issued for one-ton trucks described 99.6 in paragraph (a), clause (1), the commissioner shall collect a 99.7 surcharge of $5 on each $10 fee collected under paragraph (a). 99.8 The commissioner shall collect the surcharge until a total of 99.9 $2,000 has been collected from the surcharge, and shall not 99.10 collect the surcharge thereafter. The surcharge must be 99.11 deposited in the vehicle services operating account in the 99.12 special revenue fund. 99.13 [EFFECTIVE DATE.] The amendments to paragraph (a), clause 99.14 (2); paragraph (b); and paragraph (c), of this section, are 99.15 effective the day following final enactment. 99.16 Sec. 20. Minnesota Statutes 2004, section 168.123, 99.17 subdivision 2, is amended to read: 99.18 Subd. 2. [DESIGN.] The commissioner of veterans affairs 99.19 shall design the special plates, subject to the approval of the 99.20 registrar, that satisfy the following requirements: 99.21 (a) For a Vietnam veteran who served after July 1, 1961, 99.22 and before July 1, 1978, the special plates must bear the 99.23 inscription "VIETNAM VET" and the letters "V" and "V" with the 99.24 first letter directly above the second letter and both letters 99.25 just preceding the first numeral of the special license plate 99.26 number. 99.27 (b) For a veteran stationed on the island of Oahu, Hawaii, 99.28 or offshore, during the attack on Pearl Harbor on December 7, 99.29 1941, the special plates must bear the inscription "PEARL HARBOR 99.30 SURVIVOR" and the letters "P" and "H" with the first letter 99.31 directly above the second letter and both letters just preceding 99.32 the first numeral of the special license plate number. 99.33 (c) For a veteran who served during World War I or World 99.34 War II, the special plates must bear the inscription "WORLD WAR 99.35 VET" and: 99.36 (1) for a World War I veteran, the characters "W" and "I" 100.1 with the first character directly above the second character and 100.2 both characters just preceding the first numeral of the special 100.3 license plate number; or 100.4 (2) for a World War II veteran, the characters "W" and "II" 100.5 with the first character directly above the second character and 100.6 both characters just preceding the first numeral of the special 100.7 license plate number. 100.8 (d) For a veteran who served during the Korean Conflict, 100.9 the special plates must bear the inscription "KOREAN VET" and 100.10 the letters "K" and "V" with the first letter directly above the 100.11 second letter and both letters just preceding the first numeral 100.12 of the special license plate number. 100.13 (e) For a combat wounded veteran who is a recipient of the 100.14 purple heart medal, the special plates must bear the inscription 100.15 "COMBAT WOUNDED VET" and inscribed with a facsimile of the 100.16 official purple heart medal and the letters "C" over "W" with 100.17 the first letter directly over the second letter just preceding 100.18 the first numeral of the special license plate number. 100.19 (f) For a Persian Gulf war veteran, the special plates must 100.20 bear the inscription "GULF WAR VET" and the letters "G" and "W" 100.21 with the first letter directly above the second letter and both 100.22 letters just preceding the first numeral of the special license 100.23 plate number. For the purposes of this section, "Persian Gulf 100.24 war veteran" means a person who served on active duty after 100.25 August 1, 1990, in a branch of the armed forces of the United 100.26 States or a nation or society allied with the United States or 100.27 the United Nations during Operation Desert Shield, Operation 100.28 Desert Storm, or other military operation in the Persian Gulf 100.29 area combat zone as designated in United States Presidential 100.30 Executive Order No. 12744, dated January 21, 1991. 100.31 (g) For a veteran who served in the Laos War after July 1, 100.32 1961, and before July 1, 1978, the special plates must bear the 100.33 inscription "LAOS WAR VET" and the letters "L" and "V" with the 100.34 first letter directly above the second letter and both letters 100.35 just preceding the first numeral of the special license plate 100.36 number. 101.1 (h) For a veteran who is the recipient of: 101.2 (1) the Iraq Campaign Medal, the special plates must be 101.3 inscribed with a facsimile of that medal and must bear the 101.4 inscription "IRAQ WAR VET" directly below the special license 101.5 plate number; 101.6 (2) the Afghanistan Campaign Medal, the special plates must 101.7 be inscribed with a facsimile of that medal and must bear the 101.8 inscription "AFGHAN WAR VET" directly below the special license 101.9 plate number; or 101.10 (3) the Global War on Terrorism Expeditionary Medal, the 101.11 special plates must be inscribed with a facsimile of that medal 101.12 and must bear the inscription "GWOT VETERAN" directly below the 101.13 special license plate number. 101.14 (i) For a veteran who is the recipient of the Global War on 101.15 Terrorism Service Medal, the special plates must be inscribed 101.16 with a facsimile of that medal and must bear the inscription 101.17 "GWOT VETERAN" directly below the special license plate number. 101.18 In addition, any member of the National Guard or other military 101.19 reserves who has been ordered to federally funded state active 101.20 service under United States Code, title 32, as defined in 101.21 section 190.05, subdivision 5b, and who is the recipient of the 101.22 Global War on Terrorism Service Medal, is eligible for the 101.23 license plate described in this paragraph, irrespective of 101.24 whether that person qualifies as a veteran under section 197.447. 101.25 [EFFECTIVE DATE.] This section is effective the day 101.26 following final enactment. 101.27 Sec. 21. Minnesota Statutes 2004, section 168.123, is 101.28 amended by adding a subdivision to read: 101.29 Subd. 2a. [TEMPORARY SURCHARGE.] For license plates issued 101.30 under subdivision 2, paragraphs (h) and (i), the commissioner 101.31 shall collect a surcharge of $5 on each $10 fee collected under 101.32 subdivision 1, paragraph (a). The commissioner shall collect 101.33 the surcharge until a total of $7,000 has been collected from 101.34 the surcharge, and shall not collect the surcharge thereafter. 101.35 The surcharge must be deposited in the vehicle services 101.36 operating account in the special revenue fund. 102.1 [EFFECTIVE DATE.] This section is effective the day 102.2 following final enactment. 102.3 Sec. 22. [EXEMPTION FROM STUDY.] 102.4 The special license plates authorized under sections 20 and 102.5 21 are not subject to Minnesota Statutes, section 168.1293. 102.6 [EFFECTIVE DATE.] This section is effective the day 102.7 following final enactment. 102.8 Sec. 23. Minnesota Statutes 2004, section 168.123, 102.9 subdivision 4, is amended to read: 102.10 Subd. 4. [PLATES TRANSFER.] (a) On payment of a fee of $5, 102.11 plates issued under subdivision 1, paragraph (a), clause (1), 102.12 may be transferred to another vehicle, but only if the vehicle: 102.13 (1) is a passenger automobile, pickup truck, van,or102.14 self-propelled recreational equipment, or one-ton truck 102.15 described in subdivision 1, paragraph (a), clause (1); and 102.16 (2) is owned or jointly owned by the person to whom the 102.17 plates were issued. 102.18 (b) On payment of a fee of $5, a plate issued under 102.19 subdivision 1, paragraph (a), clause (2), may be transferred to 102.20 another motorcycle owned or jointly owned by the person to whom 102.21 the plate was issued. 102.22 Sec. 24. [168.1251] [DISABLED VETERANS OF AMERICA PLATES.] 102.23 Subdivision 1. [ISSUANCE AND DESIGN.] The commissioner 102.24 shall issue special license plates bearing the inscription 102.25 "DISABLED AMERICAN VETERAN" to an applicant who is certified in 102.26 writing by the United States Department of Veterans Affairs or 102.27 the state commissioner of veterans affairs as having a permanent 102.28 and total service-connected disability, who complies with all 102.29 laws relating to the registration and licensing of motor 102.30 vehicles and drivers, and who pays a fee of $10 for each set of 102.31 license plates applied for. The special license plates must be 102.32 of a design and size determined by the commissioner. 102.33 Subd. 2. [APPLICATION.] Application for issuance of these 102.34 plates may be made only at the time of renewal or first 102.35 application for registration. 102.36 Subd. 3. [TRANSFER.] On payment of a fee of $5, special 103.1 plates issued under this section may be transferred to another 103.2 personal motor vehicle owned or jointly owned by the disabled 103.3 veterans upon notification to the commissioner. 103.4 Subd. 4. [SURCHARGE.] For each set of special plates 103.5 issued under this section, the commissioner shall collect a 103.6 surcharge of $5 on each $10 fee collected under subdivision 1. 103.7 The commissioner shall collect the surcharge until a total of 103.8 $5,000 has been collected from the surcharge, and shall not 103.9 collect it thereafter. 103.10 Subd. 5. [MOTOR VEHICLE; SPECIAL DEFINITION.] For purposes 103.11 of this section, "motor vehicle" means a vehicle for personal 103.12 use, not used for commercial purposes, and may include a 103.13 passenger automobile, van, pickup truck, motorcycle, or 103.14 recreational vehicle. 103.15 Subd. 6. [FEES CREDITED.] Fees, including surcharges, 103.16 collected under this section must be credited to the vehicle 103.17 services operating account in the special revenue fund. 103.18 Sec. 25. [168.1298] [SPECIAL "SUPPORT OUR TROOPS" LICENSE 103.19 PLATE.] 103.20 Subdivision 1. [PURPOSE.] It is the intent of the 103.21 legislature in enacting this section and section 190.19, to 103.22 provide financial support and relief to members of the military 103.23 forces and their families in recognition of their service to 103.24 Minnesota and the nation and the serious demands currently 103.25 placed on our military forces. It is also the view of the 103.26 legislature that the purposes behind enacting this section and 103.27 section 190.19 are based on a special and unique set of 103.28 circumstances in history and that the persons and their families 103.29 and survivors who would benefit under these provisions are 103.30 facing economic hardship because of the fact that they have 103.31 served, and in some cases given their lives in the service of, 103.32 their country. Therefore, it is the intent of the legislature 103.33 that these provisions of law not be used as a precedent for 103.34 future unrelated enactments, nor that the scope of these 103.35 sections be substantially expanded. 103.36 Subd. 2. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) The 104.1 commissioner shall issue special "Support Our Troops" license 104.2 plates to an applicant who: 104.3 (1) is an owner of a passenger automobile, one-ton pickup 104.4 truck, recreational vehicle, or motorcycle; 104.5 (2) pays a fee of $10 to cover the costs of handling and 104.6 manufacturing the plates; 104.7 (3) pays the registration tax required under section 104.8 168.013; 104.9 (4) pays the fees required under this chapter; 104.10 (5) contributes a minimum of $30 annually to the Minnesota 104.11 "Support Our Troops" account established in section 190.19; and 104.12 (6) complies with laws and rules governing registration and 104.13 licensing of vehicles and drivers. 104.14 (b) The license application under this section must 104.15 indicate that the annual contribution specified under paragraph 104.16 (a), clause (5), is a minimum contribution to receive the plate 104.17 and that the applicant may make an additional contribution to 104.18 the account. 104.19 Subd. 3. [DESIGN.] After consultation with interested 104.20 groups, the adjutant general and the commissioner of veterans 104.21 affairs shall design the special plate, subject to the approval 104.22 of the commissioner. 104.23 Subd. 4. [NO REFUND.] Contributions under this section 104.24 must not be refunded. 104.25 Subd. 5. [PLATE TRANSFERS.] Notwithstanding section 104.26 168.12, subdivision 1, on payment of a transfer fee of $5, 104.27 plates issued under this section may be transferred to another 104.28 passenger automobile, one-ton pickup truck, recreational 104.29 vehicle, or motorcycle owned by the individual to whom the 104.30 special plates were issued. 104.31 Subd. 6. [CONTRIBUTION AND FEES CREDITED.] Contributions 104.32 under subdivision 2, paragraph (a), clause (5), must be paid to 104.33 the commissioner and credited to the Minnesota "Support Our 104.34 Troops" account established in section 190.19. The fees 104.35 collected under this section must be deposited in the vehicle 104.36 services operating account in the special revenue fund. 105.1 Subd. 7. [RECORD.] The commissioner shall maintain a 105.2 record of the number of plates issued under this section. 105.3 Sec. 26. Minnesota Statutes 2004, section 168.15, 105.4 subdivision 1, is amended to read: 105.5 Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the 105.6 transfer of ownership, destruction, theft, dismantling, or 105.7 permanent removal by the owner from this state of anymotor105.8 vehicle registered in accordance with this chapter, the right of 105.9 the owner of the vehicle to use the registration certificate and 105.10numberplates assigned to the vehicle expires. 105.11 (b) When the ownership of amotorvehicle is transferred to 105.12 anotherresident ofperson required to register the vehicle in 105.13 this state, the transferor shallsurrender the registration105.14plates, unless otherwise provided for in this chapter, and105.15 assign the registration tax paid to the credit of the transferee 105.16 unless the registration stickers are surrendered to the 105.17 commissioner before the first day of the new registration period. 105.18 (c) When seeking to become the owner by gift, trade, or 105.19 purchase of any vehicle for which a registration certificate has 105.20 been issued under this chapter, a person shall join with the 105.21 registered owner in transmitting with the application for 105.22 transfer of ownership, the registration certificate, with the 105.23 assignment and notice of sale duly executedupon the reverse105.24side, or,. 105.25 (d) In case of loss of the title or certificate of 105.26 registration of a vehicle not subject to section 325E.15, the 105.27 person shall make application to the commissioner with proof of 105.28 lossby sworn statement, in writing, and satisfactory to the105.29registrarof the title as specified in section 168A.09 and 105.30 assign a notice of sale of the vehicle on the application for 105.31 title as specified in section 168A.04. 105.32 (e) Upon the transfer of anymotorvehicle by a 105.33 manufacturer or dealer, for use within the state, whether by 105.34 sale, lease, or otherwise, themanufacturer or dealertransferor 105.35 shall, within ten days after the transfer, file with the 105.36registrarcommissioner (1) a noticeor reportcontaining the 106.1 date of transfer, a description of themotorvehicle, and the 106.2 transferee's name, streetandnumber of residence, if in a city,106.3and post officeresidence address in the state or if not a 106.4 natural person then the transferee's business and mailing 106.5 address, andshall also transmit with it(2) the transferee's 106.6 application for registration. 106.7 Sec. 27. Minnesota Statutes 2004, section 168.16, is 106.8 amended to read: 106.9 168.16 [REGISTRATION TAX REFUND; APPROPRIATION.] 106.10 (a) After the registration tax upon anymotorvehicle has 106.11 been paid for anyyearregistration period, refund must be made 106.12 for errors made in computing the registration tax or fees and 106.13 for the error on the part of an owner who may in error have 106.14 registered amotorvehicle that was not before, nor at the time 106.15 of registration, nor at any time thereafter during thecurrent106.16past yearpreceding registration period, subject to registration 106.17 tax in this state as provided by section 168.012. 106.18 (b) Unless otherwise provided in this chapter, a claim for 106.19 a refund of an overpayment of registration tax must be filed 106.20 within 3-1/2 years from the date of payment. 106.21The refund must be made from any fund in possession of the106.22registrar and deducted from the registrar's monthly report to106.23the commissioner of finance. A detailed report of the refund106.24must accompany the report.106.25 (c) The former registered owner of a transferred vehicle, 106.26 by an assignment in writing endorsed upon the registration 106.27 certificate and delivered to theregistrarcommissioner within 106.28 the time provided in this subdivision, shall assign, except for 106.29 vehicles registered under section 168.187, to the new owner the 106.30 right to have the tax paid by the former registered owner 106.31 accredited to the new owner who duly registers the vehicle 106.32 unless the registration stickers are surrendered to the 106.33 commissioner before the first day of the new registration period. 106.34 (d) Any owneratis entitled to a refund of the unused 106.35 portion of the registration tax paid on the owner's vehicle upon 106.36 filing a claim, verified by the commissioner, if thetime of107.1such occurrence, whosevehicle is: 107.2 (1) declared by an insurance company to bea total loss due107.3to flood or tornado damage,permanently destroyed,due to 107.4 accident, fire, or an Act of God as defined in section 115B.02; 107.5 or 107.6 (2) sold to the federal government, the state, or a 107.7 political subdivision of the state, shall upon filing a verified107.8claim be entitled to a refund of the unused portion of the tax107.9paid upon the vehicle, computed as follows:. 107.10(1) if the vehicle is registered under the calendar year107.11system of registration, the refund is computed pro rata by the107.12month, 1/12 of the annual tax paid for each month of the year107.13remaining after the month in which the plates and certificate107.14were returned to the registrar;107.15(2) if the vehicle is registered under the monthly series107.16system of registration, the amount of107.17 (e) The refundismust be equal to the sum ofthe amounts107.18ofthelicense feeremaining registration tax attributableto107.19those months remaining infor thelicensingregistration period 107.20 after the month in which the plates and certificate of 107.21 registration or title were returned to theregistrar107.22 commissioner. 107.23(b)(f) There is hereby appropriated to the persons 107.24 entitled to a refund, from the fund or account in the state 107.25 treasury to which the money was credited, an amount sufficient 107.26 to make the refund and payment. 107.27 Sec. 28. Minnesota Statutes 2004, section 168.31, 107.28 subdivision 5, is amended to read: 107.29 Subd. 5. [REFUND.] For theannualregistration tax paid on 107.30 any vehicle before thecalendar yearregistration period for 107.31 which that tax was assessed, the owner of the vehicle who paid 107.32 the taxshall beis entitled to full refund ifsuch vehicle is107.33permanently destroyed or removed from the state before the107.34calendar year for which the tax was paid or if it is not used at107.35all during the calendar year for which the tax was paid, and the107.36owner makes affidavit concerning the nonuse as provided by108.1section 168.012the registration stickers are surrendered before 108.2 the first day of the new registration period. 108.3 Sec. 29. Minnesota Statutes 2004, section 169.01, 108.4 subdivision 75, is amended to read: 108.5 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 108.6 motor vehicle" means a motor vehicle or combination of motor 108.7 vehicles used to transport passengers or property if the motor 108.8 vehicle: 108.9 (1) has a gross vehicle weight of more than 26,000 pounds; 108.10 (2) has a towed unit with a gross vehicle weight of more 108.11 than 10,000 pounds and the combination of vehicles has a 108.12 combined gross vehicle weight of more than 26,000 pounds; 108.13 (3) is a bus; 108.14 (4) is of any size and is used in the transportation of 108.15 hazardous materials, except for those vehicles having a gross108.16vehicle weight of 26,000 pounds or less while carrying in bulk108.17tanks a total of not more than 200 gallons of petroleum products108.18and liquid fertilizer; or 108.19 (5) is outwardly equipped and identified as a school bus, 108.20 except for type A-I and type III school buses as defined in 108.21 subdivision 6. 108.22 (b) For purposes of chapter 169A: 108.23 (1) a commercial motor vehicle does not include a farm 108.24 truck,fire-fighting equipmentan authorized emergency vehicle, 108.25 or a recreationalequipmentvehicle being operated by a person 108.26 within the scope of section 171.02, subdivision 2, paragraph 108.27 (b); and 108.28 (2) a commercial motor vehicle includes a vehicle capable 108.29 of or designed to meet the standards described in paragraph (a), 108.30 clause (2), whether or not the towed unit is attached to the 108.31 truck-tractor at the time of the violation or stop. 108.32 Sec. 30. Minnesota Statutes 2004, section 169.01, 108.33 subdivision 76, is amended to read: 108.34 Subd. 76. [HAZARDOUS MATERIALS.] "Hazardous materials" 108.35 means those materials found to be hazardous for the purposes of 108.36 the federal Hazardous Materials Transportation Act and that 109.1 require the motor vehicle to be placarded under Code of Federal 109.2 Regulations, title 49,part 172, subpart Fparts 100-185. 109.3 Sec. 31. Minnesota Statutes 2004, section 169.01, 109.4 subdivision 78, is amended to read: 109.5 Subd. 78. [RECREATIONAL VEHICLE COMBINATION.] (a) 109.6 "Recreational vehicle combination" means a combination of 109.7 vehicles consisting of a pickup truck as defined in section 109.8 168.011, subdivision 29, attached by means of a fifth-wheel 109.9 coupling to a camper-semitrailer which has hitched to it a 109.10 trailer carrying a watercraft as defined in section 86B.005, 109.11 subdivision 18; off-highway motorcycle as defined in section 109.12 84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile 109.13 as defined in section 84.81, subdivision 3;orall-terrain 109.14 vehicle as defined in section 84.92, subdivision 8; or 109.15 equestrian equipment or supplies. 109.16 (b) For purposes of this subdivision: 109.17(a)(1) A "fifth-wheel coupling" is a coupling between a 109.18 camper-semitrailer and a towing pickup truck in which a portion 109.19 of the weight of the camper-semitrailer is carried over or 109.20 forward of the rear axle of the towing pickup. 109.21(b)(2) A "camper-semitrailer" is a trailer, other than a 109.22 manufactured home as defined in section 327B.01, subdivision 13, 109.23 designed for human habitation and used for vacation or 109.24 recreational purposes for limited periods. 109.25 Sec. 32. Minnesota Statutes 2004, section 169.18, 109.26 subdivision 5, is amended to read: 109.27 Subd. 5. [DRIVING LEFT OF ROADWAY CENTER; EXCEPTION.] (a) 109.28 No vehicle shall be driven to the left side of the center of the 109.29 roadway in overtaking and passing another vehicle proceeding in 109.30 the same direction unless such left side is clearly visible and 109.31 is free of oncoming traffic for a sufficient distance ahead to 109.32 permit such overtaking and passing to be completely made without 109.33 interfering with the safe operation of any vehicle approaching 109.34 from the opposite direction or any vehicle overtaken. In every 109.35 event the overtaking vehicle must return to the right-hand side 109.36 of the roadway before coming within 100 feet of any vehicle 110.1 approaching from the opposite direction; 110.2 (b) Except on a one-way roadway or as provided in paragraph 110.3 (c), no vehicle shall, in overtaking and passing another vehicle 110.4 or at any other time, be driven to the left half of the roadway 110.5 under the following conditions: 110.6 (1) when approaching the crest of a grade or upon a curve 110.7 in the highway where the driver's view along the highway is 110.8 obstructed within a distance of 700 feet; 110.9 (2) when approaching within 100 feet of any underpass or 110.10 tunnel, railroad grade crossing, intersection within a city, or 110.11 intersection outside of a city if the presence of the 110.12 intersection is marked by warning signs; or 110.13 (3) where official signs are in place prohibiting passing, 110.14 or a distinctive centerline is marked, which distinctive line 110.15 also so prohibits passing, as declared in the Manual on Uniform 110.16 Traffic Control Devices adopted by the commissioner. 110.17 (c) Paragraph (b) does not apply to a self-propelled or 110.18 towed implement of husbandry that (1) is escorted at the front 110.19 by a registered motor vehicle that is displaying vehicular 110.20 hazard warning lights visible to the front and rear in normal 110.21 sunlight, and (2) does not extend into the left half of the 110.22 roadway to any greater extent than made necessary by the total 110.23 width of the right half of the roadway together with any 110.24 adjacent shoulder that is suitable for travel. 110.25 (d) Paragraph (b) does not apply to a self-propelled or 110.26 towed implement of husbandry that is operated to the left half 110.27 of the roadway if such operation is not to a greater extent than 110.28 is necessary to avoid collision with a parked vehicle, sign, or 110.29 other stationary object located on the highway right-of-way. 110.30 Sec. 33. Minnesota Statutes 2004, section 169.71, 110.31 subdivision 1, is amended to read: 110.32 Subdivision 1. [PROHIBITIONS GENERALLY.] No person shall 110.33 drive or operate any motor vehicle with: 110.34 (1) a windshield cracked or discolored to an extent to 110.35 limit or obstruct proper vision, or,; 110.36 (2) except for law enforcement vehicles, with any objects 111.1 suspended between the driver and the windshield, other than sun 111.2 visorsand, rear vision mirrors, or electronic toll-collection 111.3 devices; orwith111.4 (3) any sign, poster, or other nontransparent material upon 111.5 the front windshield, sidewings, side or rear windows of such 111.6 vehicle, other than a certificate or other paper required to be 111.7 so displayed by law, or authorized by the state director of the 111.8 Division of Emergency Management, or the commissioner of public 111.9 safety. 111.10 Sec. 34. Minnesota Statutes 2004, section 169.81, 111.11 subdivision 3c, is amended to read: 111.12 Subd. 3c. [RECREATIONAL VEHICLE COMBINATION.] 111.13 Notwithstanding subdivision 3, a recreational vehicle 111.14 combination may be operated without a permit if: 111.15 (1) the combination does not consist of more than three 111.16 vehicles, and the towing rating of the pickup truck is equal to 111.17 or greater than the total weight of all vehicles being towed; 111.18 (2) the combination does not exceed 60 feet in length; 111.19 (3) the camper-semitrailer in the combination does not 111.20 exceed 28 feet in length; 111.21 (4) the operator of the combination is at least 18 years of 111.22 age; 111.23 (5) the trailer carrying a watercraft, motorcycle, 111.24 motorized bicycle, off-highway motorcycle, snowmobile,or111.25 all-terrain vehicle, or equestrian equipment or supplies meets 111.26 all requirements of law; 111.27 (6) the trailers in the combination are connected to the 111.28 pickup truck and each other in conformity with section 169.82; 111.29 and 111.30 (7) the combination is not operated within the seven-county 111.31 metropolitan area, as defined in section 473.121, subdivision 2, 111.32 during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 111.33 p.m. on Mondays through Fridays. 111.34 Sec. 35. Minnesota Statutes 2004, section 169.824, 111.35 subdivision 2, is amended to read: 111.36 Subd. 2. [GROSS VEHICLE WEIGHT OF ALL AXLES.] (a) 112.1 Notwithstanding the provisions of section 169.85, the gross 112.2 vehicle weight of all axles of a vehicle or combination of 112.3 vehicles shall not exceed: 112.4 (1) except as provided in clause (2), 80,000 pounds for any 112.5 vehicle or combination of vehicles on all state trunk highways 112.6 as defined in section 160.02, subdivision 29, and for all routes 112.7 designated under section 169.832, subdivision 11; 112.8 (2) on and after August 1, 2006, 88,000 pounds for any 112.9 vehicle or combination of vehicles with six or more axles while 112.10 exclusively engaged in hauling livestock on all state trunk 112.11 highways other than interstate highways, if the vehicle has a 112.12 permit under section 169.86, subdivision 5, paragraph (k); 112.13 (3) 73,280 pounds for any vehicle or combination of 112.14 vehicles with five axles or less on all routes, other than state 112.15 trunk highways and routes that are designated under section 112.16 169.832, subdivision 11; and 112.17(3)(4) 80,000 pounds for any vehicle or combination of 112.18 vehicles with six or more axles on all routes, other than state 112.19 trunk highways and routes that are designated under section 112.20 169.832, subdivision 11. 112.21 (b) The maximum weights specified in this section for five 112.22 consecutive axles shall not apply to a four-axle ready-mix 112.23 concrete truck which was equipped with a fifth axle prior to 112.24 June 1, 1981. The maximum gross weight on four or fewer 112.25 consecutive axles of vehicles excepted by this clause shall not 112.26 exceed any maximum weight specified for four or fewer 112.27 consecutive axles in this section. 112.28 Sec. 36. Minnesota Statutes 2004, section 169.851, 112.29 subdivision 5, is amended to read: 112.30 Subd. 5. [EXCEPTION FOR FARM AND FOREST PRODUCTS.]The112.31maximum weight provisions of this section doSubdivision 4 does 112.32 not apply to the first haul of unprocessed or raw farm products 112.33 and the transportation of raw and unfinished forest products, 112.34 including wood chips, when theprescribedmaximum 112.35 weightlimitation islimitations permitted under sections 112.36 169.822 to 169.829 are not exceeded by more than ten percent. 113.1 Sec. 37. Minnesota Statutes 2004, section 169.86, 113.2 subdivision 5, is amended to read: 113.3 Subd. 5. [FEE; PROCEEDS DEPOSITED; APPROPRIATION.] The 113.4 commissioner, with respect to highways under the commissioner's 113.5 jurisdiction, may charge a fee for each permit issued. All such 113.6 fees for permits issued by the commissioner of transportation 113.7 shall be deposited in the state treasury and credited to the 113.8 trunk highway fund. Except for those annual permits for which 113.9 the permit fees are specified elsewhere in this chapter, the 113.10 fees shall be: 113.11 (a) $15 for each single trip permit. 113.12 (b) $36 for each job permit. A job permit may be issued 113.13 for like loads carried on a specific route for a period not to 113.14 exceed two months. "Like loads" means loads of the same 113.15 product, weight, and dimension. 113.16 (c) $60 for an annual permit to be issued for a period not 113.17 to exceed 12 consecutive months. Annual permits may be issued 113.18 for: 113.19 (1) motor vehicles used to alleviate a temporary crisis 113.20 adversely affecting the safety or well-being of the public; 113.21 (2) motor vehicles which travel on interstate highways and 113.22 carry loads authorized under subdivision 1a; 113.23 (3) motor vehicles operating with gross weights authorized 113.24 under section 169.826, subdivision 1a; 113.25 (4) special pulpwood vehicles described in section 169.863; 113.26 (5) motor vehicles bearing snowplow blades not exceeding 113.27 ten feet in width; and 113.28 (6) noncommercial transportation of a boat by the owner or 113.29 user of the boat. 113.30 (d) $120 for an oversize annual permit to be issued for a 113.31 period not to exceed 12 consecutive months. Annual permits may 113.32 be issued for: 113.33 (1) mobile cranes; 113.34 (2) construction equipment, machinery, and supplies; 113.35 (3) manufactured homes and manufactured storage buildings; 113.36 (4) implements of husbandry when the movement is not made 114.1 according to the provisions of paragraph (i); 114.2 (5) double-deck buses; 114.3 (6) commercial boat hauling; and 114.4 (7) three-vehicle combinations consisting of two empty, 114.5 newly manufactured trailers for cargo, horses, or livestock, not 114.6 to exceed 28-1/2 feet per trailer; provided, however, the permit 114.7 allows the vehicles to be moved from a trailer manufacturer to a 114.8 trailer dealer only while operating on twin-trailer routes 114.9 designated under section 169.81, subdivision 3, paragraph (c). 114.10 (e) For vehicles which have axle weights exceeding the 114.11 weight limitations of sections 169.822 to 169.829, an additional 114.12 cost added to the fees listed above. However, this paragraph 114.13 applies to any vehicle described in section 168.013, subdivision 114.14 3, paragraph (b), but only when the vehicle exceeds its gross 114.15 weight allowance set forth in that paragraph, and then the 114.16 additional cost is for all weight, including the allowance 114.17 weight, in excess of the permitted maximum axle weight. The 114.18 additional cost is equal to the product of the distance traveled 114.19 times the sum of the overweight axle group cost factors shown in 114.20 the following chart: 114.21 Overweight Axle Group Cost Factors 114.22 Weight (pounds) Cost Per Mile For Each Group Of: 114.23 exceeding Two consec- Three consec- Four consec- 114.24 weight utive axles utive axles utive axles 114.25 limitations spaced within spaced within spaced within 114.26 on axles 8 feet or less 9 feet or less 14 feet or less 114.27 0-2,000 .12 .05 .04 114.28 2,001-4,000 .14 .06 .05 114.29 4,001-6,000 .18 .07 .06 114.30 6,001-8,000 .21 .09 .07 114.31 8,001-10,000 .26 .10 .08 114.32 10,001-12,000 .30 .12 .09 114.33 12,001-14,000 Not permitted .14 .11 114.34 14,001-16,000 Not permitted .17 .12 114.35 16,001-18,000 Not permitted .19 .15 114.36 18,001-20,000 Not permitted Not permitted .16 115.1 20,001-22,000 Not permitted Not permitted .20 115.2 The amounts added are rounded to the nearest cent for each axle 115.3 or axle group. The additional cost does not apply to paragraph 115.4 (c), clauses (1) and (3). 115.5 For a vehicle found to exceed the appropriate maximum permitted 115.6 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 115.7 a ton, over the permitted maximum weight is imposed in addition 115.8 to the normal permit fee. Miles must be calculated based on the 115.9 distance already traveled in the state plus the distance from 115.10 the point of detection to a transportation loading site or 115.11 unloading site within the state or to the point of exit from the 115.12 state. 115.13 (f) As an alternative to paragraph (e), an annual permit 115.14 may be issued for overweight, or oversize and overweight, 115.15 construction equipment, machinery, and supplies. The fees for 115.16 the permit are as follows: 115.17 Gross Weight (pounds) of Vehicle Annual Permit Fee 115.18 90,000 or less $200 115.19 90,001 - 100,000 $300 115.20 100,001 - 110,000 $400 115.21 110,001 - 120,000 $500 115.22 120,001 - 130,000 $600 115.23 130,001 - 140,000 $700 115.24 140,001 - 145,000 $800 115.25 If the gross weight of the vehicle is more than 145,000 pounds 115.26 the permit fee is determined under paragraph (e). 115.27 (g) For vehicles which exceed the width limitations set 115.28 forth in section 169.80 by more than 72 inches, an additional 115.29 cost equal to $120 added to the amount in paragraph (a) when the 115.30 permit is issued while seasonal load restrictions pursuant to 115.31 section 169.87 are in effect. 115.32 (h) $85 for an annual permit to be issued for a period not 115.33 to exceed 12 months, for refuse-compactor vehicles that carry a 115.34 gross weight of not more than: 22,000 pounds on a single rear 115.35 axle; 38,000 pounds on a tandem rear axle; or, subject to 115.36 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 116.1 axle. A permit issued for up to 46,000 pounds on a tridem rear 116.2 axle must limit the gross vehicle weight to not more than 62,000 116.3 pounds. 116.4 (i) For vehicles exclusively transporting implements of 116.5 husbandry, an annual permit fee of $24. A vehicle operated 116.6 under a permit authorized by this paragraph may be moved at the 116.7 discretion of the permit holder without prior route approval by 116.8 the commissioner if: 116.9 (1) the total width of the transporting vehicle, including 116.10 load, does not exceed 14 feet; 116.11 (2) the vehicle is operated only between sunrise and 30 116.12 minutes after sunset, and is not operated at any time after 116.13 12:00 noon on Sundays or holidays; 116.14 (3) the vehicle is not operated when visibility is impaired 116.15 by weather, fog, or other conditions that render persons and 116.16 other vehicles not clearly visible at 500 feet; 116.17 (4) the vehicle displays at the front and rear of the load 116.18 or vehicle a pair of flashing amber lights, as provided in 116.19 section 169.59, subdivision 4, whenever the overall width of the 116.20 vehicle exceeds 126 inches; and 116.21 (5) the vehicle is not operated on a trunk highway with a 116.22 surfaced roadway width of less than 24 feet unless such 116.23 operation is authorized by the permit. 116.24 A permit under this paragraph authorizes movements of the 116.25 permitted vehicle on an interstate highway, and movements of 75 116.26 miles or more on other highways. 116.27 (j) $300 for a motor vehicle described in section 116.28 169.8261. The fee under this paragraph must be deposited as 116.29 follows: 116.30 (1) in fiscal years 2005 through 2010: 116.31 (i) the first $50,000 in each fiscal year must be deposited 116.32 in the trunk highway fund for costs related to administering the 116.33 permit program and inspecting and posting bridges; 116.34 (ii) all remaining money in each fiscal year must be 116.35 deposited in a bridge inspection and signing account in the 116.36 special revenue fund. Money in the account is appropriated to 117.1 the commissioner for: 117.2 (A) inspection of local bridges and identification of local 117.3 bridges to be posted, including contracting with a consultant 117.4 for some or all of these functions; and 117.5 (B) erection of weight-posting signs on local bridges; and 117.6 (2) in fiscal year 2011 and subsequent years must be 117.7 deposited in the trunk highway fund. 117.8 (k) $200 for an annual permit for a vehicle operating under 117.9 authority of section 169.824, subdivision 2, paragraph (a), 117.10 clause (2). 117.11 Sec. 38. [169.864] [SPECIAL PAPER PRODUCTS VEHICLE 117.12 PERMIT.] 117.13 Subdivision 1. [THREE-UNIT VEHICLE.] The commissioner may 117.14 issue a permit for a vehicle that meets the following 117.15 requirements: 117.16 (1) is a combination of vehicles, including a truck-tractor 117.17 and a semitrailer drawing one additional semitrailer, which may 117.18 be equipped with an auxiliary dolly, and no semitrailer used in 117.19 the three-vehicle combination has an overall length in excess of 117.20 28-1/2 feet; 117.21 (2) has a maximum gross vehicle weight of 108,000 pounds; 117.22 (3) complies with the axle weight limits in section 169.824 117.23 or with the federal bridge formula for axle groups not described 117.24 in that section; 117.25 (4) complies with the tire weight limits in section 169.823 117.26 or the tire manufacturers' recommended load, whichever is less; 117.27 (5) is operated only in this state on Trunk Highway marked 117.28 2 between Grand Rapids and the port of Duluth; on Trunk Highway 117.29 marked 169 between Grand Rapids and its junction with Trunk 117.30 Highway marked 53; and on Trunk Highway marked 53 between 117.31 Virginia and the port of Duluth; and 117.32 (6) the seasonal weight increases authorized under section 117.33 169.826, subdivision 1, do not apply. 117.34 Subd. 2. [TWO-UNIT VEHICLE.] The commissioner may issue a 117.35 permit for a vehicle that meets the following requirements: 117.36 (1) is a combination of vehicles consisting of a 118.1 truck-tractor and a single semitrailer that may exceed 48 feet, 118.2 but not 53 feet, if the distance from the kingpin to the 118.3 centerline of the rear axle group of the semitrailer does not 118.4 exceed 43 feet; 118.5 (2) has a maximum gross vehicle weight of 90,000 pounds; 118.6 (3) has a maximum gross vehicle weight of 98,000 pounds 118.7 during the time when seasonal weight increases authorized under 118.8 section 169.826, subdivision 1, are in effect; 118.9 (4) complies with the axle weight limits in section 169.824 118.10 or with the federal bridge formula for axle groups not described 118.11 in that section; 118.12 (5) complies with the tire weight limits in section 169.823 118.13 or the tire manufacturers' recommended load, whichever is less; 118.14 and 118.15 (6) is operated only on the highways specified in 118.16 subdivision 1, clause (5). 118.17 Subd. 3. [RESTRICTIONS.] Vehicles issued permits under 118.18 subdivisions 1 and 2 must comply with the following restrictions: 118.19 (1) the vehicle must be operated in compliance with 118.20 seasonal load restrictions under section 169.87; 118.21 (2) the vehicle may not be operated on the interstate 118.22 highway system; and 118.23 (3) the vehicle may be operated on streets or highways 118.24 under the control of local authorities only upon the approval of 118.25 the local authority; however, vehicles may have reasonable 118.26 access to terminals and facilities for food, fuel, repairs, and 118.27 rest and for continuity of route within one mile of the national 118.28 network as provided by section 169.81, subdivision 3, and by 118.29 Code of Federal Regulations, title 23, part 658.19. 118.30 Subd. 4. [PERMIT FEE.] Vehicle permits issued under 118.31 subdivision 1, clause (1), must be annual permits. The fee is 118.32 $850 for each vehicle and must be deposited in the trunk highway 118.33 fund. An amount sufficient to administer the permit program is 118.34 appropriated from the trunk highway fund to the commissioner for 118.35 the costs of administering the permit program. 118.36 Sec. 39. Minnesota Statutes 2004, section 169.87, 119.1 subdivision 4, is amended to read: 119.2 Subd. 4. [VEHICLE TRANSPORTING MILK.] Until June 1, 119.320032007, a weight restriction imposed under subdivision 1 by 119.4 the commissioner of transportation or a local road authority, or 119.5 imposed by subdivision 2, does not apply to a vehicle 119.6 transporting milk from the point of production to the point of 119.7 first processing if, at the time the weight restriction is 119.8 exceeded, the vehicle is carrying milk loaded at only one point 119.9 of production. This subdivision does not authorize a vehicle 119.10 described in this subdivision to exceed a weight restriction of 119.11 five tons per axle by more than two tons per axle. 119.12 [EFFECTIVE DATE.] This section is effective June 1, 2005. 119.13 Sec. 40. Minnesota Statutes 2004, section 169.99, 119.14 subdivision 1b, is amended to read: 119.15 Subd. 1b. [SPEED.] The uniform traffic ticket must provide 119.16 a blank or space wherein an officer who issues a citation for a 119.17 violation ofsection 169.14, subdivision 2, paragraph (a),119.18clause (3),a speed limit of 55 or 60 miles per hour must 119.19 specify whether the speed was greater than ten miles per hour in 119.20 excess ofthe lawful speeda 55 miles per hour speed limit, or 119.21 more than five miles per hour in excess of a 60 miles per hour 119.22 speed limit. 119.23 Sec. 41. Minnesota Statutes 2004, section 169A.52, 119.24 subdivision 3, is amended to read: 119.25 Subd. 3. [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon 119.26 certification by the peace officer that there existed probable 119.27 cause to believe the person had been driving, operating, or in 119.28 physical control of a motor vehicle in violation of section 119.29 169A.20 (driving while impaired), and that the person refused to 119.30 submit to a test, the commissioner shall revoke the person's 119.31 license or permit to drive, or nonresident operating privilege, 119.32 for a period of one year even if a test was obtained pursuant to 119.33 this section after the person refused to submit to testing. 119.34 (b) Upon certification by the peace officer that there 119.35 existed probable cause to believe the person had been driving, 119.36 operating, or in physical control of a commercial motor vehicle 120.1 with the presence of any alcohol in violation of section 169A.20 120.2 (driving while impaired), and that the person refused to submit 120.3 to a test, the commissioner shall disqualify the person from 120.4 operating a commercial motor vehiclefor a period of one year120.5under section 171.165 (commercial driver's license120.6disqualification)and shall revoke the person's license or 120.7 permit to drive or nonresident operating privilegefor a period120.8of one yearaccording to the federal regulations adopted by 120.9 reference in section 171.165, subdivision 2. 120.10 Sec. 42. Minnesota Statutes 2004, section 171.01, 120.11 subdivision 22, is amended to read: 120.12 Subd. 22. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 120.13 vehicle" means a motor vehicle or combination of motor vehicles 120.14 used to transport passengers or property if the motor vehicle: 120.15 (1) has a gross vehicle weight of more than 26,000 pounds; 120.16 (2) has a towed unit with a gross vehicle weight of more 120.17 than 10,000 pounds and the combination of vehicles has a 120.18 combined gross vehicle weight of more than 26,000 pounds; 120.19 (3) is a bus; 120.20 (4) is of any size and is used in the transportation of 120.21 hazardous materials, except for those vehicles having a gross120.22vehicle weight of 26,000 pounds or less and carrying in bulk120.23tanks a total of not more than 200 gallons of liquid fertilizer120.24and petroleum products; or 120.25 (5) is outwardly equipped and identified as a school bus, 120.26 except for type III school buses defined in section 169.01, 120.27 subdivision 6, clause (5). 120.28 Sec. 43. Minnesota Statutes 2004, section 171.01, 120.29 subdivision 35, is amended to read: 120.30 Subd. 35. [HAZARDOUS MATERIALS.] "Hazardous materials" 120.31 means those materials found to be hazardous for the purposes of 120.32 the federal Hazardous Materials Transportation Act and that 120.33 require the motor vehicle to be placarded under Code of Federal 120.34 Regulations, title 49,part 172, subpart Fparts 100-185. 120.35 Sec. 44. Minnesota Statutes 2004, section 171.01, 120.36 subdivision 47, is amended to read: 121.1 Subd. 47. [STATE.] "State" meansanya state of the United 121.2 States,territory or possession of the United States,the 121.3 District of Columbia,the Commonwealth ofPuerto Ricoor any121.4province of the Dominion of Canada, the United States Virgin 121.5 Islands, or any territory or insular possession subject to the 121.6 jurisdiction of the United States. 121.7 Sec. 45. Minnesota Statutes 2004, section 171.01, is 121.8 amended by adding a subdivision to read: 121.9 Subd. 48a. [TANK VEHICLE.] "Tank vehicle" means any 121.10 commercial motor vehicle that is designed to transport any 121.11 liquid or gaseous materials within a tank, as defined in Code of 121.12 Federal Regulations, title 49, section 178.320, including a 121.13 cargo tank or a portable tank as defined in Code of Federal 121.14 Regulations, title 49, section 171.8, that is either permanently 121.15 or temporarily attached to the vehicle or the chassis, except 121.16 portable tanks having a rated capacity under 1,000 gallons. 121.17 Sec. 46. Minnesota Statutes 2004, section 171.02, is 121.18 amended to read: 121.19 171.02 [LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.] 121.20 Subdivision 1. [LICENSE REQUIRED.] Except when expressly 121.21 exempted, a person shall not drive a motor vehicle upon a street 121.22 or highway in this state unless the person has a license valid 121.23 under this chapter for the type or class of vehicle being 121.24 driven. The department shall not issue a driver's license to a 121.25 person unless and until the person's license from any 121.26 jurisdiction has been invalidated. The department shall provide 121.27 to the issuing department of any jurisdiction, information that 121.28 the licensee is now licensed in Minnesota. A person is not 121.29 permitted to have more than one valid driver's license at any 121.30 time. The department shall not issue to a person to whom a 121.31 current Minnesota identification card has been issued a driver's 121.32 license, other thanan instruction permit ora limited license, 121.33 unless the person's Minnesota identification card has been 121.34 invalidated. 121.35 Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 121.36 EXEMPTIONS.] (a) Drivers' licensesshall beare classified 122.1 according to the types of vehicleswhichthat may be driven by 122.2 the holder of each type or class of license. The commissioner 122.3 may, as appropriate, subdivide the classes listed in this 122.4 subdivision and issue licenses classified accordingly. Except 122.5 as provided in subdivision 2a, no class of licenseshall beis 122.6 valid to operate a motorcycle, school bus, tank vehicle, 122.7 double-trailer or triple-trailer combination, vehicle 122.8 transporting hazardous materials, or bus, unless so endorsed. 122.9 Thereshall beare four general classes of licenses as follows: 122.10 (b) Class D; valid for: 122.11 (1) operating all farm trucksoperated byif the farm truck 122.12 is: 122.13 (i)the owner, (ii)controlled and operated by a farmer, 122.14 including operation by an immediate family memberof the owner,122.15(iii)or an employee of theowner not primarily employed to122.16operate the farm truck, within 150 miles of the farm, orfarmer; 122.17 (ii) used to transport agricultural products, farm 122.18 machinery, or farm supplies, to or from a farm; 122.19 (iii) not used in the operations of a common or contract 122.20 motor carrier as governed by Code of Federal Regulations, title 122.21 49, part 365; and 122.22 (iv)an employee of the owner employed during harvest to122.23operate the farm truck for the first, continuous transportation122.24of agricultural products from the production site or on-farm122.25storage site to any other location within 50 miles of that122.26siteused within 150 miles of the farm; 122.27 (2) operatingfire trucks and emergency fire equipmentan 122.28 authorized emergency vehicle, as defined in section 169.01, 122.29 subdivision 5, whether or not in excess of 26,000 pounds gross 122.30 vehicle weight, operated by a firefighter while on duty, or a122.31tiller operator employed by a fire department who drives the122.32rear portion of a midmount aerial ladder truck; 122.33 (3) operating a recreationalequipmentvehicle as defined 122.34 in section 168.011, subdivision 25, that is operated for 122.35 personal use; 122.36 (4) operating all single-unit vehicles except vehicles with 123.1 a gross vehicle weight of more than 26,000 pounds, vehicles 123.2 designed to carry more than 15 passengers including the driver, 123.3 and vehicles that carry hazardous materials;and123.4 (5) notwithstanding paragraph (c), operating a type A 123.5 school bus without a school bus endorsement if: 123.6 (i) the bus has a gross vehicle weight of 10,000 pounds or 123.7 less; 123.8 (ii) the bus is designed to transport 15 or fewer 123.9 passengers, including the driver; and 123.10 (iii) the requirements of subdivision 2a, paragraph (b),123.11 are satisfied, as determined by the commissioner.; and 123.12The holder of a class D license may also tow123.13 (6) towing vehicles if: 123.14 (i) the towed vehicles have a gross vehicle weight of 123.15 10,000 pounds or less; or 123.16 (ii) the towed vehicles have a gross vehicle weight of more 123.17 than 10,000 pounds and the combination of vehicles has a gross 123.18 vehicle weight of 26,000 pounds or less. 123.19 (c) Class C; valid for: 123.20 (1) operating class D motor vehicles; 123.21 (2) with a hazardous materials endorsement, transporting 123.22 hazardous materials in class D vehicles; and 123.23 (3) with a school bus endorsement, operating school buses 123.24 designed to transport 15 or fewer passengers, including the 123.25 driver. 123.26 (d) Class B; valid for operating allvehicles inclass C 123.27 motor vehicles, class D motor vehicles, and all other 123.28 single-unit motor vehicles including, with a passenger 123.29 endorsement, buses. The holder of a class B license may tow 123.30 only vehicles with a gross vehicle weight of 10,000 pounds or 123.31 less. 123.32 (e) Class A; valid for operating any vehicle or combination 123.33 of vehicles. 123.34 Subd. 2a. [EXCEPTIONSEXCEPTION FOR CERTAIN SCHOOL BUS 123.35 DRIVERS.](a) Notwithstanding subdivision 2, (1) a hazardous123.36materials endorsement is not required to operate a vehicle124.1having a gross vehicle weight of 26,000 pounds or less while124.2carrying in bulk tanks a total of not more than 200 gallons of124.3petroleum products and (2) a class C license or hazardous124.4materials endorsement is not required to operate a farm vehicle124.5as defined in Code of Federal Regulations, title 49, section124.6390.5, having a gross vehicle weight of 26,000 pounds or less124.7while carrying in bulk tanks a total of not more than 1,500124.8gallons of liquid fertilizer.124.9(b)Notwithstanding subdivision 2, paragraph (c), the 124.10 holder of a class D driver's license, without a school bus 124.11 endorsement, may operate a type A school bus described in 124.12 subdivision 2, paragraph (b), under the following conditions: 124.13(1)(a) The operator is an employee of the entity that 124.14 owns, leases, or contracts for the school bus and is not solely 124.15 hired to provide transportation services under thisparagraph124.16 subdivision. 124.17(2)(b) The operator drives the school bus only from points 124.18 of origin to points of destination, not including home-to-school 124.19 trips to pick up or drop off students. 124.20(3)(c) The operator is prohibited from using the 124.21 eight-light system. Violation of thisclauseparagraph is a 124.22 misdemeanor. 124.23(4)(d) The operator's employer has adopted and implemented 124.24 a policy that provides for annual training and certification of 124.25 the operator in: 124.26(i)(1) safe operation of the type of school bus the 124.27 operator will be driving; 124.28(ii)(2) understanding student behavior, including issues 124.29 relating to students with disabilities; 124.30(iii)(3) encouraging orderly conduct of students on the 124.31 bus and handling incidents of misconduct appropriately; 124.32(iv)(4) knowing and understanding relevant laws, rules of 124.33 the road, and local school bus safety policies; 124.34(v)(5) handling emergency situations; and 124.35(vi)(6) safe loading and unloading of students. 124.36(5)(e) A background check or background investigation of 125.1 the operator has been conducted that meets the requirements 125.2 under section 122A.18, subdivision 8, or 123B.03 for teachers; 125.3 section 144.057 or chapter 245C for day care employees; or 125.4 section 171.321, subdivision 3, for all other persons operating 125.5 a type A school bus under thisparagraphsubdivision. 125.6(6)(f) Operators shall submit to a physical examination as 125.7 required by section 171.321, subdivision 2. 125.8(7)(g) The operator's driver's license is verified 125.9 annually by the entity that owns, leases, or contracts for the 125.10 school bus. 125.11(8)(h) A person who sustains a conviction, as defined 125.12 under section 609.02, of violating section 169A.25, 169A.26, 125.13 169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or 125.14 ordinance of another state is precluded from operating a school 125.15 bus for five years from the date of conviction. 125.16(9)(i) A person who has ever been convicted of a 125.17 disqualifying offense as defined in section 171.3215, 125.18 subdivision 1, paragraph (c), may not operate a school bus under 125.19 thisparagraphsubdivision. 125.20(10)(j) A person who sustains a conviction, as defined 125.21 under section 609.02, of a fourth moving offense in violation of 125.22 chapter 169 is precluded from operating a school bus for one 125.23 year from the date of the last conviction. 125.24(11)(k) Students riding the school bus must have training 125.25 required under section 123B.90, subdivision 2. 125.26(12)(l) An operator must be trained in the proper use of 125.27 child safety restraints as set forth in the National Highway 125.28 Traffic Safety Administration's "Guideline for the Safe 125.29 Transportation of Pre-school Age Children in School Buses." 125.30(13)(m) Annual certification of the requirements listed in 125.31 thisparagraphsubdivision must be maintained under separate 125.32 file at the business location for each operator licensed under 125.33 thisparagraphsubdivision and subdivision 2, paragraph (b), 125.34 clause (5). The business manager, school board, governing body 125.35 of a nonpublic school, or any other entity that owns, leases, or 125.36 contracts for the school bus operating under thisparagraph126.1 subdivision is responsible for maintaining these files for 126.2 inspection. 126.3(14)(n) The school bus must bear a current certificate of 126.4 inspection issued under section 169.451. 126.5(15)(o) The word "School" on the front and rear of the bus 126.6 must be covered by a sign that reads "Activities" when the bus 126.7 is being operated under authority of thisparagraphsubdivision. 126.8 Subd. 3. [MOTORIZED BICYCLE.] (a)NoA motorized bicycle 126.9shallmay not be operated on any public roadway by any person 126.10 who does not possess a valid driver's license, unless the person 126.11 has obtained a motorized bicycle operator's permit or motorized 126.12 bicycle instruction permit from the commissioner of public 126.13 safety. The operator's permit may be issued to any person who 126.14 has attained the age of 15 years and who has passed the 126.15 examination prescribed by the commissioner. The instruction 126.16 permit may be issued to any person who has attained the age of 126.17 15 years and who has successfully completed an approved safety 126.18 course and passed the written portion of the examination 126.19 prescribed by the commissioner. 126.20 (b) This course must consist of, but is not limited to, a 126.21 basic understanding of: 126.22 (1) motorized bicycles and their limitations; 126.23 (2) motorized bicycle laws and rules; 126.24 (3) safe operating practices and basic operating 126.25 techniques; 126.26 (4) helmets and protective clothing; 126.27 (5) motorized bicycle traffic strategies; and 126.28 (6) effects of alcohol and drugs on motorized bicycle 126.29 operators. 126.30 (c) The commissioner maypromulgateadopt rules prescribing 126.31 the content of the safety course, examination, and the 126.32 information to be contained on the permits. A person operating 126.33 a motorized bicycle under a motorized bicycle permit is subject 126.34 to the restrictions imposed by section 169.974, subdivision 2, 126.35 on operation of a motorcycle under a two-wheel instruction 126.36 permit. 127.1 (d) The fees for motorized bicycle operator's permits are 127.2 as follows: 127.3 (1) Examination and operator's permit, 127.4 valid for one year $ 6 127.5 (2) Duplicate $ 3 127.6 (3) Renewal permit before age 21 127.7 and valid until age 21 $ 9 127.8 (4) Renewal permitafterage 21 or older 127.9 and valid for four years $15 127.10 (5) Duplicate of any renewal permit $ 4.50 127.11 (6) Written examination and 127.12 instruction permit, valid for 127.13 30 days $ 6 127.14 Subd. 4. [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The 127.15 commissioner may issue restricted commercial drivers' licenses 127.16 and take the following actions to the extent that the actions 127.17 are authorized by regulation of the United States Department of 127.18 Transportationentitled "Waiver for Farm-Related Service127.19Industries" as published in the Federal Register, April 17, 1992127.20 in Code of Federal Regulations, title 49, section 383.3, 127.21 paragraph (f): 127.22 (1) prescribe examination requirements and other 127.23 qualifications for the license; 127.24 (2) prescribe classes of vehicles that may be operated by 127.25 holders of the license; 127.26 (3) specify commercial motor vehicle operation that is 127.27 authorized by the license, and prohibit other commercial motor 127.28 vehicle operation by holders of the license; and 127.29 (4) prescribe the period of time during which the license 127.30 is valid. 127.31 (b) Restricted commercial drivers' licenses are subject to 127.32 sections 171.165 and 171.166 in the same manner as other 127.33 commercial drivers' licenses. 127.34 (c) Actions of the commissioner under this subdivision are 127.35 not subject to sections 14.05 to 14.47 of the Administrative 127.36 Procedure Act. 128.1 Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] 128.2 Pursuant to the waiver authorization set forth in Public Law 128.3 104-59, section 345, subsection (a), paragraph (5), a person who 128.4 operates a commercial motor vehicle for the purpose of removing 128.5 snow or ice from a roadway by plowing, salting, or sanding is 128.6 not required to hold a commercial driver's license if the person: 128.7 (1) is an employee of a local unit of government with a 128.8 population of 3,000 or less; 128.9 (2) is operating within the boundaries of the local unit of 128.10 government; 128.11 (3) holds a valid class D driver's license; and 128.12 (4) except in the event of a lawful strike, is temporarily 128.13 replacing the employee who normally operates the vehicle but 128.14 either is unable to operate the vehicle or is in need of 128.15 additional assistance due to a snow emergency as determined by 128.16 the local unit of government. 128.17 Sec. 47. Minnesota Statutes 2004, section 171.03, is 128.18 amended to read: 128.19 171.03 [PERSONS EXEMPT.] 128.20 The following persons are exempt from license hereunder: 128.21(1)(a) A person in the employ or service of the United 128.22 States federal government is exempt while driving or operating a 128.23 motor vehicle owned by or leased to the United States federal 128.24 government, except that only a noncivilian operator of a128.25commercial motor vehicle owned or leased by the United States128.26Department of Defense or the Minnesota National Guard is exempt128.27from the requirement to possess a valid commercial motor vehicle128.28driver's license;. 128.29 (b) A person in the employ or service of the United States 128.30 federal government is exempt from the requirement to possess a 128.31 valid class A, class B, or class C commercial driver's license 128.32 while driving or operating for military purposes a commercial 128.33 motor vehicle owned by or leased to the United States federal 128.34 government if the person is: 128.35 (1) on active duty in the U. S. Coast Guard; 128.36 (2) on active duty in a branch of the U. S. Armed Forces, 129.1 which includes the Army, Air Force, Navy, and Marine Corps; 129.2 (3) a member of a reserve component of the U. S. Armed 129.3 Forces; or 129.4 (4) on active duty in the Army National Guard or Air 129.5 National Guard, which includes (i) a member on full-time 129.6 National Guard duty, (ii) a member undergoing part-time National 129.7 Guard training, and (iii) a National Guard military technician, 129.8 who is a civilian required to wear a military uniform. 129.9 The exemption provided under this paragraph does not apply to a 129.10 U. S. Armed Forces Reserve technician. 129.11(2)(c) Any person while driving or operating any farm 129.12 tractor,or implement of husbandry temporarilyoperated or moved129.13 on a highway, andis exempt. For purposes of this section, an 129.14 all-terrain vehicle, as defined in section 84.92, subdivision 8, 129.15 an off-highway motorcycle, as defined in section 84.787, 129.16 subdivision 7, and an off-road vehicle, as defined in section 129.17 84.797, subdivision 7, are not implements of husbandry;. 129.18(3)(d) A nonresident who is at least 15 years of age and 129.19 who has in immediate possession a valid driver's license issued 129.20 to the nonresident in the home state or country may operate a 129.21 motor vehicle in this state only as a driver;. 129.22(4)(e) A nonresident who has in immediate possession a 129.23 valid commercial driver's license issued by a state or 129.24 jurisdiction incomplianceaccordance with theCommercial Motor129.25Vehicle Safety Act of 1986, United States Code, title 49,129.26sections 521, 2304, and 2701 to 2716standards of Code of 129.27 Federal Regulations, title 49, part 383, and who is operating in 129.28 Minnesota the class of commercial motor vehicle authorized by 129.29 the issuing state;or jurisdiction is exempt. 129.30(5)(f) Any nonresident who is at least 18 years of age, 129.31 whose home state or country does not require the licensing of 129.32 drivers may operate a motor vehicle as a driver, but only for a 129.33 period of not more than 90 days in any calendar year, if the 129.34 motor vehicle so operated is duly registered for the current 129.35 calendar year in the home state or country ofsuchthe 129.36 nonresident;. 130.1(6)(g) Any person who becomes a resident of the state of 130.2 Minnesota and who has in possession a valid driver's license 130.3 issued to the person under and pursuant to the laws of some 130.4 other state orprovincejurisdiction or by military authorities 130.5 of the United States may operate a motor vehicle as a 130.6 driver, but only for a period of not more than 60 days after 130.7 becoming a resident of this state, without being required to 130.8 have a Minnesota driver's license as provided in this chapter;. 130.9(7)(h) Any person who becomes a resident of the state of 130.10 Minnesota and who has in possession a valid commercial driver's 130.11 license issued by another state or jurisdiction in 130.12complianceaccordance with theCommercial Motor Vehicle Safety130.13Act of 1986, United States Code, title 49, sections 521, 2304,130.14and 2701 to 2716standards of Code of Federal Regulations, title 130.15 49, part 383, is exempt for not more than 30 days after becoming 130.16 a resident of this state; and. 130.17(8)(i) Any person operating a snowmobile, as defined in 130.18 section 84.81, is exempt. 130.19 Sec. 48. Minnesota Statutes 2004, section 171.04, 130.20 subdivision 2, is amended to read: 130.21 Subd. 2. [DISQUALIFIED OPERATORS OF COMMERCIAL MOTOR 130.22 VEHICLES.] During the period of disqualification, the department 130.23 shall not issue a class C, class B, or class A commercial 130.24 driver's license, including a limited license, to a person who 130.25 has been disqualified from operating a commercial motor vehicle 130.26 under section 171.165. 130.27 Sec. 49. Minnesota Statutes 2004, section 171.05, 130.28 subdivision 1, is amended to read: 130.29 Subdivision 1. [PERSON 18 OR MORE YEARS OF AGE.] (a) Any 130.30 person who is 18 or more years of age and who, except for a lack 130.31 of instruction in operating a motor vehicle, would otherwise be 130.32 qualified to obtain a class D driver's license under this 130.33 chapter, may apply for an instruction permit and the department 130.34 shall issuesuchthe permitentitling. The instruction permit 130.35 entitles the applicant, while having such permit in immediate130.36possession,to drive a motor vehicle for which a class D license 131.1 is valid upon the highways for a period ofone year, but such131.2person must betwo years if the permit holder: 131.3 (1) has the permit in immediate possession; and 131.4 (2) is driving the vehicle while accompanied by an adult 131.5 licensed driver who is actually occupying a seat beside the 131.6 driver. 131.7 (b) Any license of a lower class may be used as an 131.8 instruction permitforto operate a vehicle requiring a higher 131.9 class license for a period of six months after passage of the 131.10 written test or tests required for the higher class and when the 131.11 licensee is accompanied by and receiving instruction from a 131.12 holder of the appropriate higher class license. A copy of the 131.13 record of examination taken for the higher class license must be 131.14 carried by the driver while usingsuchthe lower class license 131.15 as an instruction permit. 131.16 Sec. 50. Minnesota Statutes 2004, section 171.05, 131.17 subdivision 2, is amended to read: 131.18 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 131.19 Notwithstanding any provision in subdivision 1 to the contrary, 131.20 the department may issue an instruction permit to an applicant 131.21 who is 15, 16, or 17 years of age and who: 131.22 (1) has completed a course of driver education in another 131.23 state, has a previously issued valid license from another state, 131.24 or is enrolled in either: 131.25 (i) a public, private, or commercial driver education 131.26 program that is approved by the commissioner of public safety 131.27 and that includes classroom and behind-the-wheel training; or 131.28 (ii) an approved behind-the-wheel driver education program 131.29 when the student is receiving full-time instruction in a home 131.30 school within the meaning of sections 120A.22 and 120A.24, the 131.31 student is working toward a home-school diploma, the student's 131.32 status as a home-school student has been certified by the 131.33 superintendent of the school district in which the student 131.34 resides, and the student is taking home-classroom driver 131.35 training with classroom materials approved by the commissioner 131.36 of public safety; 132.1 (2) has completed the classroom phase of instruction in the 132.2 driver education program; 132.3 (3) has passed a test of the applicant's eyesight; 132.4 (4) has passed a department-administered test of the 132.5 applicant's knowledge of traffic laws; 132.6 (5) has completed the required application, which must be 132.7 approved by (i) either parent when both reside in the same 132.8 household as the minor applicant or, if otherwise, then (ii) the 132.9 parent or spouse of the parent having custody or, in the event 132.10 there is no court order for custody, then (iii) the parent or 132.11 spouse of the parent with whom the minor is living or, if items 132.12 (i) to (iii) do not apply, then (iv) the guardian having custody 132.13 of the minor or, in the event a person under the age of 18 has 132.14 no living father, mother, or guardian, or is married or 132.15 otherwise legally emancipated, then (v) the applicant's adult 132.16 spouse, adult close family member, or adult employer; provided, 132.17 that the approval required by this clause contains a 132.18 verification of the age of the applicant and the identity of the 132.19 parent, guardian, adult spouse, adult close family member, or 132.20 adult employer; and 132.21 (6) has paid the fee required in section 171.06, 132.22 subdivision 2. 132.23 (b) The instruction permit is valid forone yeartwo years 132.24 from the date of application and may be renewed upon payment of 132.25 a fee equal to the fee for issuance of an instruction permit 132.26 under section 171.06, subdivision 2. 132.27 Sec. 51. Minnesota Statutes 2004, section 171.06, 132.28 subdivision 2a, is amended to read: 132.29 Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 132.30 (a) The fee for any duplicate driver's licensewhich isobtained 132.31 for the purpose of adding a two-wheeled vehicle endorsement is 132.32 increased by $18.50 for each first such duplicate license and 132.33 $13 for each renewal thereof. The additional feeshallmust be 132.34 paid into the state treasury and credited as follows: 132.35 (1) $11 of the additional fee for each first duplicate 132.36 license, and $7 of the additional fee for each renewal, must be 133.1 credited to the motorcycle safety fund, which is hereby created; 133.2 provided thatanyten percent of fee receipts in excess of 133.3 $750,000 in a fiscal yearshallmust be credited90 percent to133.4the trunk highway fund and ten percentto the general fund, as133.5provided in section 171.26. 133.6 (2) The remainder of the additional fee must be credited to 133.7 the general fund. 133.8 (b) All application forms prepared by the commissioner for 133.9 two-wheeled vehicle endorsementsshallmust clearly state the 133.10 amount of the total fee that is dedicated to the motorcycle 133.11 safety fund. 133.12 Sec. 52. Minnesota Statutes 2004, section 171.09, is 133.13 amended to read: 133.14 171.09 [DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.] 133.15 (a) The commissionershall have the authority, when good 133.16 cause appears,tomay impose restrictions suitable to the 133.17 licensee's driving ability orsuchother restrictions applicable 133.18 to the licensee as the commissioner may determine to be 133.19 appropriate to assure the safe operation of a motor vehicle by 133.20 the licensee.The commissioner may,133.21 (b) Pursuant to Code of Federal Regulations, title 49, 133.22 section 383.95, if an applicant for a commercial driver's 133.23 license either does not successfully complete the air brake 133.24 component of the knowledge test, or does not successfully 133.25 complete the skills test in a vehicle equipped with air brakes 133.26 as such tests are prescribed in Code of Federal Regulations, 133.27 title 49, part 384, the department shall indicate on the class 133.28 C, class B, or class A commercial driver's license, if issued, 133.29 that the individual is restricted from operating a commercial 133.30 motor vehicle equipped with air brakes. 133.31 (c) Upon receiving satisfactory evidence of any violation 133.32 of the restrictionsofon the license, the commissioner may 133.33 suspend or revoke the license. A license suspension under this 133.34 section is subject to section 171.18, subdivisions 2 and 3. 133.35(b)(d) A person who drives, operates, or is in physical 133.36 control of a motor vehicle while in violation of the 134.1 restrictions imposed in a restricted driver's license issued to 134.2 that person underparagraph (a)this section is guilty of a 134.3 crime as follows: 134.4 (1) if the restriction relates to the possession or 134.5 consumption of alcohol or controlled substances, the person is 134.6 guilty of a gross misdemeanor; or 134.7 (2) if the restriction relates to another matter, the 134.8 person is guilty of a misdemeanor. 134.9 Sec. 53. Minnesota Statutes 2004, section 171.12, 134.10 subdivision 3, is amended to read: 134.11 Subd. 3. [APPLICATION AND RECORD, WHEN DESTROYED.] The 134.12 department may cause applications for drivers' licenses, 134.13 provisional licenses, and instruction permits, and related 134.14 records, to be destroyed immediately after the period for which 134.15 issued, except that: 134.16 (1) the driver's record pertaining to revocations, 134.17 suspensions, cancellations, disqualifications, convictions, and 134.18 accidentsshall beis cumulative and must be kept for a period 134.19 of at least five years; 134.20 (2) the driver's record pertaining to violations of a 134.21 driver or vehicle out-of-service order must be kept for a period 134.22 of at least ten years; and 134.23 (3) the driver's record pertaining to felony convictions in 134.24 the commission of which a motor vehicle was used, to the 134.25 alcohol-related offenses and licensing actions listed in section 134.26 169A.03, subdivisions 20 and 21,andto violations ofsections134.27 section 169.09, to violations of section 169A.31, and to 134.28 violations of section 171.24, subdivision 5,shallmust 134.29 becumulative and kept for a period of at least 15 years, except134.30as provided in clause (3); and134.31(3) the driver's record pertaining to an offense, or a134.32related licensing action, under section 169A.20, subdivision 1,134.33clause (1) or (5), must be purged after ten years of any134.34reference to the offense or action if (i) this offense or action134.35involved an alcohol concentration of 0.08 or more but less than134.360.10, (ii) this offense or action was a first impaired driving135.1incident, and (iii) the driver has incurred no other impaired135.2driving incident during the ten-year period. For purposes of135.3this clause, "impaired driving incident" includes any incident135.4that may be counted as a prior impaired driving conviction or a135.5prior impaired driving-related loss of license, as defined in135.6section 169A.03, subdivisions 20 and 21. This clause does not135.7apply to the driver's record of a person to whom a commercial135.8driver's license has been issuedretained permanently. 135.9 Sec. 54. Minnesota Statutes 2004, section 171.12, 135.10 subdivision 6, is amended to read: 135.11 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] (a) Except as 135.12 provided in paragraph (b), the department shall not keep on the 135.13 record of a driver any conviction for a violation ofsection135.14169.14, subdivision 2, paragraph (a), clause (3),a speed limit 135.15 of 55 or 60 miles per hour unless the violation consisted of a 135.16 speed greater than ten miles per hour in excess ofthe lawful135.17speeda 55 miles per hour speed limit, or more than five miles 135.18 per hour in excess of a 60 miles per hour speed limit. 135.19 (b) This subdivision does not apply to (1) a violation that 135.20 occurs in a commercial motor vehicle, or (2) a violation 135.21 committed by a holder of a class A, B, or C commercial driver's 135.22 license, without regard to whether the violation was committed 135.23 in a commercial motor vehicle or another vehicle. 135.24 Sec. 55. Minnesota Statutes 2004, section 171.13, 135.25 subdivision 2, is amended to read: 135.26 Subd. 2. [EXAMINATION UPON RENEWAL.] (a) The department 135.27 shall issue a driver's license upon renewal: 135.28 (1) when the applicant has passed an examination consisting 135.29 of a screening of the applicant's eyesight since the last 135.30 previous license renewal or issuance; and 135.31 (2) if applicable, when an applicant has passed a written 135.32 examination since the last previous license renewal or issuance 135.33 and after receiving a warning letter or attending a preliminary 135.34 hearing as a habitual violator, within the meaning of rules 135.35 adopted by the commissioner; and 135.36 (3) if applicable, when an applicant has passed a road 136.1 examination since the last previous license renewal or issuance 136.2 and after having had driving privileges suspended as a habitual 136.3 violator, within the meaning of rules adopted by the 136.4 commissioner. 136.5 (b) A screening of eyesight required by this subdivision 136.6 does not constitute the practice of optometry as defined in 136.7 section 148.56. 136.8 (c) The commissioner may adopt rules to administer this 136.9 subdivision. 136.10 [EFFECTIVE DATE.] This section is effective August 1, 2006. 136.11 Sec. 56. [171.162] [COMMERCIAL DRIVER'S LICENSE, RECORDS 136.12 CHECK.] 136.13 As required by Code of Federal Regulations, title 49, 136.14 section 383.73, before issuing a class A, class B, or class C 136.15 commercial driver's license, the department shall request the 136.16 applicant's complete driving record from all states where the 136.17 applicant was previously licensed over the last ten years to 136.18 operate any type of motor vehicle. 136.19 Sec. 57. Minnesota Statutes 2004, section 171.165, 136.20 subdivision 1, is amended to read: 136.21 Subdivision 1. [FIRST VIOLATIONFEDERAL STANDARDS.] 136.22 Subject to section 171.166, the commissioner shall disqualify a 136.23 person from operating commercial motor vehiclesfor one year136.24upon receiving a record of the first conviction of the person136.25for committing a violation of any of the following offenses136.26while operating a commercial motor vehicle:136.27(1) section 169A.20 or 169A.31;136.28(2) section 169.09, subdivision 1 or 2;136.29(3) a felony, other than a felony described in subdivision136.303, paragraph (a), clause (2), item (ii);136.31(4) driving with a revoked, suspended, canceled, denied, or136.32disqualified commercial driver's license;136.33(5) causing a fatality through the negligent or criminal136.34operation of a commercial motor vehicle; or136.35(6) an offense committed in another state that would be136.36grounds for disqualification under this subdivision or137.1subdivision 2 if committed in Minnesotain accordance with the 137.2 driver disqualifications and penalties in Code of Federal 137.3 Regulations, title 49, part 383, subpart D and Code of Federal 137.4 Regulations, title 49, section 384.219. 137.5 Sec. 58. Minnesota Statutes 2004, section 171.165, 137.6 subdivision 2, is amended to read: 137.7 Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner 137.8 shall disqualify a person from operating commercial motor 137.9 vehicles forone year from the effective date ofa revocation 137.10 under section 169A.52 or a statute or ordinance from another 137.11 state or jurisdiction in conformity with it,if the person was137.12driving, operating, or in physical control of a commercial motor137.13vehicle at the time of the incident on which the revocation is137.14basedin accordance with the driver disqualifications and 137.15 penalties in Code of Federal Regulations, title 49, part 383, 137.16 subpart D. 137.17 Sec. 59. Minnesota Statutes 2004, section 171.165, 137.18 subdivision 6, is amended to read: 137.19 Subd. 6. [EXEMPTIONS.] (a) A disqualification shall not be 137.20 imposed under this section on a recreationalequipmentvehicle 137.21 operator, farmer, orfirefighterauthorized emergency vehicle 137.22 operator operating a commercial motor vehicle within the scope 137.23 of section 171.02, subdivision 2, paragraph (b). 137.24 (b) A conviction for a violation that occurred before 137.25 August 1, 2005, while operating a vehicle that is not a 137.26 commercial motor vehicle shall not be counted as a first or 137.27 subsequent violation for purposes of determining the period for 137.28 which a driver must be disqualified under this section. 137.29 Sec. 60. [171.167] [NOTICE TO COMMERCIAL DRIVER'S LICENSE 137.30 INFORMATION SYSTEM.] 137.31 The department shall participate fully in the commercial 137.32 driver's license information system established under the 137.33 Commercial Motor Vehicle Safety Act of 1986 at United States 137.34 Code, title 49, section 31309. 137.35 Sec. 61. Minnesota Statutes 2004, section 171.18, 137.36 subdivision 1, is amended to read: 138.1 Subdivision 1. [OFFENSES.] The commissioner may suspend 138.2 the license of a driver without preliminary hearing upon a 138.3 showing by department records or other sufficient evidence that 138.4 the licensee: 138.5 (1) has committed an offense for which mandatory revocation 138.6 of license is required upon conviction; 138.7 (2) has been convicted by a court for violating a provision 138.8 of chapter 169 or an ordinance regulating traffic, other than a 138.9 conviction for a petty misdemeanor, and department records show 138.10 that the violation contributed in causing an accident resulting 138.11 in the death or personal injury of another, or serious property 138.12 damage; 138.13 (3) is an habitually reckless or negligent driver of a 138.14 motor vehicle; 138.15 (4) is an habitual violator of the traffic laws; 138.16 (5) is incompetent to drive a motor vehicle as determined 138.17 in a judicial proceeding; 138.18 (6) has permitted an unlawful or fraudulent use of the 138.19 license; 138.20 (7) has committed an offense in another state that, if 138.21 committed in this state, would be grounds for suspension; 138.22 (8) has committed a violation of section 169.444, 138.23 subdivision 2, paragraph (a), within five years of a prior 138.24 conviction under that section; 138.25 (9) has committed a violation of section 171.22, except 138.26 that the commissioner may not suspend a person's driver's 138.27 license based solely on the fact that the person possessed a 138.28 fictitious or fraudulently altered Minnesota identification 138.29 card; 138.30 (10) has failed to appear in court as provided in section 138.31 169.92, subdivision 4; 138.32 (11) has failed to report a medical condition that, if 138.33 reported, would have resulted in cancellation of driving 138.34 privileges;or138.35 (12) has been found to have committed an offense under 138.36 section 169A.33; or 139.1 (13) has paid or attempted to pay a fee required under this 139.2 chapter for a license or permit by means of a dishonored check 139.3 issued to the state or a driver's license agent, which must be 139.4 continued until the registrar is informed by the deputy 139.5 registrar that the dishonored check has been paid in full. 139.6 However, an action taken by the commissioner under clause (2) or 139.7 (5) must conform to the recommendation of the court when made in 139.8 connection with the prosecution of the licensee. 139.9 Sec. 62. Minnesota Statutes 2004, section 174.03, is 139.10 amended by adding a subdivision to read: 139.11 Subd. 2a. [STATE AVIATION PLAN.] (a) Each revision of the 139.12 state transportation plan must include a chapter setting out a 139.13 state aviation plan. The plan must include the following: 139.14 (1) an analysis of the projected commercial aviation needs 139.15 of the state over the next 20 years; 139.16 (2) a description of the present capacity, function, and 139.17 levels of activity at each commercial service airport as 139.18 designated by the Federal Aviation Administration, each airport 139.19 that the commissioner determines is likely to become a 139.20 commercial service airport in the next 20 years, and any other 139.21 airport that the commissioner determines should be included by 139.22 reason of commercial passenger or cargo service levels; and 139.23 (3) a description of the capacity, function, and levels of 139.24 activity that each airport identified in clause (2) must have in 139.25 order to carry out the plan's goal and objectives and meet the 139.26 needs described under clause (1). 139.27 (b) In assessing aviation needs and the capacity, function, 139.28 and level of activity at any airport, the plan must consider 139.29 both commercial passenger service and cargo service. 139.30 Sec. 63. [174.032] [ADVISORY COUNCIL ON AVIATION 139.31 PLANNING.] 139.32 Subdivision 1. [ADVISORY COUNCIL CREATED.] (a) The 139.33 commissioner shall create an advisory council on aviation 139.34 planning to advise the commissioner on the aviation chapter of 139.35 the state transportation plan. The council consists of the 139.36 following members appointed by the commissioner except where 140.1 otherwise provided: 140.2 (1) one member of the Metropolitan Airports Commission; 140.3 (2) one representative of major commercial airlines; 140.4 (3) one representative of independent pilots who fly for 140.5 small business; 140.6 (4) one representative of the air cargo industry; 140.7 (5) two representatives of the business community unrelated 140.8 to aviation, one of whom must reside within the seven-county 140.9 metropolitan area and one of whom must reside outside that area; 140.10 (6) one representative of environmental interests; 140.11 (7) one employee of the Department of Transportation's 140.12 Office of Aeronautics; 140.13 (8) two representatives of neighborhoods that are 140.14 significantly affected by airplane noise; 140.15 (9) one representative of tier-two airports (St. Cloud, 140.16 Duluth, Willmar, and Rochester); 140.17 (10) one member of the senate committee having jurisdiction 140.18 over transportation policy, appointed by the chair of that 140.19 committee; and 140.20 (11) one member of the house of representatives committee 140.21 having jurisdiction over transportation policy, appointed by the 140.22 chair of that committee. 140.23 (b) Members of the advisory council serve at the pleasure 140.24 of the appointing authority. Members shall serve without 140.25 compensation. 140.26 Subd. 2. [ADVISORY COUNCIL DUTIES.] (a) The advisory 140.27 council on aviation planning shall advise the commissioner on 140.28 the aviation planning chapter of the state transportation plan 140.29 required under section 174.03, subdivision 2a. In carrying out 140.30 these duties, the advisory council shall prepare an initial 140.31 draft of the chapter and submit it to the commissioner, revise 140.32 the draft if so requested by the commissioner, and comment to 140.33 the commissioner on any revisions to the draft the commissioner 140.34 makes. In drafting the chapter the council shall consider: 140.35 (1) present and anticipated capacity needs of commercial 140.36 service airports, including limitations on expanding the 141.1 capacity of individual commercial service airports imposed by 141.2 state or local regulations, safety or environmental concerns, 141.3 and land uses near the airport that are incompatible with 141.4 airport operations; 141.5 (2) the needs of Minnesota residents and businesses for 141.6 passenger and cargo service, from both a statewide and regional 141.7 perspective; 141.8 (3) anticipated changes in commercial aircraft types and 141.9 characteristics; 141.10 (4) noise and other environmental impacts of aviation at 141.11 commercial service airports; 141.12 (5) trends in the aviation and airline industries; and 141.13 (6) relationship between aviation and other forms of 141.14 transportation covered by the state transportation plan. 141.15 (b) The advisory council may also make recommendations to 141.16 the commissioner, the Metropolitan Airports Commission, and the 141.17 legislature concerning the policy steps needed to implement the 141.18 chapter. 141.19 Subd. 3. [TERM OF COUNCIL; EXPIRATION; RECONVENING.] (a) 141.20 The commissioner shall appoint the first advisory council by 141.21 July 1, 2005. The council shall submit any recommendations it 141.22 makes to the legislature by January 15, 2006. The terms of all 141.23 members of the advisory council serving on July 1, 2005, expire 141.24 on January 1, 2007. 141.25 (b) The commissioner shall appoint and convene a new 141.26 advisory council not less than two years before the date on 141.27 which each revision of the state transportation plan is required 141.28 under section 174.03, subdivision 1a. Each such advisory 141.29 council must consist of members as prescribed in subdivision 1, 141.30 who shall serve on the same terms as set forth under subdivision 141.31 1. Each such advisory council expires on the date on which the 141.32 revision of the state transportation plan becomes final. 141.33 Sec. 64. Minnesota Statutes 2004, section 174.50, is 141.34 amended by adding a subdivision to read: 141.35 Subd. 6b. [BRIDGE ENGINEERING AND DESIGN COSTS IN SMALLER 141.36 CITIES.] Until June 30, 2007, the commissioner may make grants 142.1 from the state transportation fund to a home rule or statutory 142.2 city with a population of 5,000 or less and a net tax capacity 142.3 of under $200,000 for design and preliminary engineering of 142.4 bridges on city streets. Grants under this subdivision are 142.5 subject to the procedures and criteria established under 142.6 subdivisions 5 and 6, and may be used for 100 percent of the 142.7 design and preliminary engineering costs. Total grants under 142.8 this subdivision to all cities may not exceed $200,000. 142.9 Sec. 65. [190.19] [MINNESOTA "SUPPORT OUR TROOPS" 142.10 ACCOUNT.] 142.11 Subdivision 1. [ESTABLISHMENT.] The Minnesota "Support Our 142.12 Troops" account is established in the state treasury. The 142.13 account shall consist of contributions from private sources and 142.14 appropriations. 142.15 Subd. 2. [GRANTS; APPROPRIATION, ELIGIBILITY.] (a) Money 142.16 in the Minnesota "Support Our Troops" account is appropriated to 142.17 the adjutant general for the purpose of making grants: 142.18 (1) directly to eligible individuals; or 142.19 (2) to one or more eligible foundations for the purpose of 142.20 making grants to eligible individuals, as provided in this 142.21 section. 142.22 (b) The term "eligible individual" includes any person who 142.23 is: 142.24 (1) a member of the Minnesota National Guard or a reserve 142.25 unit based in Minnesota who has been called to active service as 142.26 defined in section 190.05, subdivision 5; 142.27 (2) a Minnesota resident who is a member of a military 142.28 reserve unit not based in Minnesota, if the member is called to 142.29 active service as defined in section 190.05, subdivision 5; 142.30 (3) any other Minnesota resident performing active service 142.31 for any branch of the military of the United States; and 142.32 (4) members of the immediate family of an individual 142.33 identified in clause (1), (2), or (3). For purposes of this 142.34 clause, "immediate family" means the individual's spouse and 142.35 minor children and, if they are dependents of the member of the 142.36 military, the member's parents, grandparents, siblings, 143.1 stepchildren, and adult children. 143.2 (c) The term "eligible foundation" includes any 143.3 organization that: 143.4 (1) is a tax-exempt organization under section 501(c)(3) of 143.5 the Internal Revenue Code; 143.6 (2) has articles of incorporation under chapter 317A 143.7 specifying the purpose of the organization as including the 143.8 provision of financial assistance to members of the Minnesota 143.9 National Guard and other United States armed forces reserves and 143.10 their families and survivors; and 143.11 (3) agrees in writing to distribute any grant money 143.12 received from the adjutant general under this section to 143.13 eligible individuals as defined in this section and in 143.14 accordance with any written policies and rules the adjutant 143.15 general may impose as conditions of the grant to the foundation. 143.16 (d) The maximum grant awarded to an eligible individual in 143.17 a calendar year with funds from the Minnesota "Support Our 143.18 Troops" account, either through an eligible institution or 143.19 directly from the adjutant general, may not exceed $2,000. 143.20 Subd. 3. [ANNUAL REPORT.] The adjutant general must report 143.21 by February 1, 2007, and each year thereafter, to the chairs and 143.22 ranking minority members of the legislative committees and 143.23 divisions with jurisdiction over military and veterans affairs 143.24 on the number, amounts, and use of grants issued from the 143.25 Minnesota "Support Our Troops" account in the previous year. 143.26 Sec. 66. Minnesota Statutes 2004, section 469.015, 143.27 subdivision 4, is amended to read: 143.28 Subd. 4. [EXCEPTIONS.] (a) An authority need not require 143.29 competitive bidding in the following circumstances: 143.30 (1) in the case of a contract for the acquisition of a 143.31 low-rent housing project: 143.32 (i) for which financial assistance is provided by the 143.33 federal government; 143.34 (ii) which does not require any direct loan or grant of 143.35 money from the municipality as a condition of the federal 143.36 financial assistance; and 144.1 (iii) for which the contract provides for the construction 144.2 of the project upon land that is either owned by the authority 144.3 for redevelopment purposes or not owned by the authority at the 144.4 time of the contract but the contract provides for the 144.5 conveyance or lease to the authority of the project or 144.6 improvements upon completion of construction; 144.7 (2) with respect to a structured parking facility: 144.8 (i) constructed in conjunction with, and directly above or 144.9 below, a development; and 144.10 (ii) financed with the proceeds of tax increment or parking 144.11 ramp general obligation or revenue bonds;and144.12 (3) until August 1, 2009, with respect to a facility built 144.13 for the purpose of facilitating the operation of public transit 144.14 or encouraging its use: 144.15 (i) constructed in conjunction with, and directly above or 144.16 below, a development; and 144.17 (ii) financed with the proceeds of parking ramp general 144.18 obligation or revenue bonds or with at least 60 percent of the 144.19 construction cost being financed with funding provided by the 144.20 federal government; and 144.21 (4) in the case of any building in which at least 75 144.22 percent of the usable square footage constitutes a housing 144.23 development project if: 144.24 (i) the project is financed with the proceeds of bonds 144.25 issued under section 469.034 or from nongovernmental sources; 144.26 (ii) the project is either located on land that is owned or 144.27 is being acquired by the authority only for development 144.28 purposes, or is not owned by the authority at the time the 144.29 contract is entered into but the contract provides for 144.30 conveyance or lease to the authority of the project or 144.31 improvements upon completion of construction; and 144.32 (iii) the authority finds and determines that elimination 144.33 of the public bidding requirements is necessary in order for the 144.34 housing development project to be economical and feasible. 144.35 (b) An authority need not require a performance bond for 144.36 the following projects: 145.1 (1) a contract described in paragraph (a), clause (1); 145.2 (2) a construction change order for a housing project in 145.3 which 30 percent of the construction has been completed; 145.4 (3) a construction contract for a single-family housing 145.5 project in which the authority acts as the general construction 145.6 contractor; or 145.7 (4) a services or materials contract for a housing project. 145.8 For purposes of this paragraph, "services or materials 145.9 contract" does not include construction contracts. 145.10 Sec. 67. Minnesota Statutes 2004, section 473.446, 145.11 subdivision 3, is amended to read: 145.12 Subd. 3. [CERTIFICATION AND COLLECTION.] Each county 145.13 treasurer shall collect and make settlement of the taxes levied 145.14 under subdivisions 1 and 1a and section 473.4461, subdivision 3, 145.15 with the treasurer of the council. The levy of transit taxes 145.16 pursuant to this section shall not affect the amount or rate of 145.17 taxes which may be levied by any county or municipality or by 145.18 the council for other purposes authorized by law and shall be in 145.19 addition to any other property tax authorized by law. 145.20 [EFFECTIVE DATE.] This section is effective for taxes 145.21 payable in 2006 and thereafter. 145.22 Sec. 68. Minnesota Statutes 2004, section 473.4461, is 145.23 amended to read: 145.24 473.4461 [ADDITIONS TO TRANSIT TAXING DISTRICT.] 145.25 Subdivision 1. [SERVICE EXPANSION PLAN REQUIRED.] 145.26 Notwithstanding any provision of section 473.446 or any other 145.27 law, the Metropolitan Council may not levy a tax under section 145.28 473.446, subdivision 1, in any city or town not included in the 145.29 transit taxing district as it existed on January 1, 2001, unless 145.30 the council and the governing body of that city or town have 145.31 agreed on a service expansion plan. 145.32 Subd. 2. [CONTRACTUAL AGREEMENT TO JOIN TRANSIT DISTRICT.] 145.33 Notwithstanding section 473.446, subdivision 2, the Metropolitan 145.34 Council may enter into an agreement with a city or a town to 145.35 join the transit taxing district. The agreement shall describe 145.36 the types and levels of transit services to be provided within 146.1 the area comprising the city or town. The agreement may provide 146.2 for a period of time, not to exceed 8 years, during which the 146.3 area comprising the city or town will not be subject to the levy 146.4 under section 473.446, subdivision 1. The agreement must 146.5 provide that after a period of time, not to exceed 8 years, the 146.6 area comprising the city or town shall be subject to the levy 146.7 under section 473.446, subdivision 1. 146.8 Subd. 3. [PROPERTY TAX LEVY; MUNICIPALITY JOINING TRANSIT 146.9 DISTRICT.] An agreement described in subdivision 2 may provide 146.10 for a transit tax to be levied within the area comprising the 146.11 city or town by the Metropolitan Council. The rate of tax may 146.12 not exceed the rate that the area comprising the city or town 146.13 would be subject to if it were a part of the transit district 146.14 under section 473.446, subdivision 2. A tax levied under this 146.15 subdivision may be used to fund transit operations or to pay the 146.16 costs of principal and interest for transit-related bonded 146.17 debt. The agreement may provide that the rate of tax levied 146.18 under this subdivision may vary within the area comprising the 146.19 city or town, as long as the rate in any portion of the area 146.20 does not exceed the rate that would be in effect under section 146.21 473.446, subdivision 1. If an agreement to join the transit 146.22 taxing district authorizes a levy under this subdivision, a copy 146.23 of that portion of the agreement must be filed with the auditor 146.24 or auditors of the county or counties containing the city or 146.25 town. 146.26 [EFFECTIVE DATE.] This section is effective the day 146.27 following final enactment, for taxes payable in 2006 and 146.28 thereafter. 146.29 Sec. 69. [DEVELOPMENT AUTHORIZED.] 146.30 Dakota County Regional Railroad Authority may exercise the 146.31 powers conferred by Minnesota Statutes, section 398A.04, to 146.32 plan, establish, acquire, develop, construct, purchase, enlarge, 146.33 extend, improve, maintain, equip, operate, regulate, and protect 146.34 a bus rapid transit system located within the Cedar Avenue 146.35 transit corridor within Dakota County. 146.36 [EFFECTIVE DATE.] Pursuant to Minnesota Statutes, section 147.1 645.023, subdivision 1, paragraph (a), this section is effective 147.2 without local approval the day following final enactment. 147.3 Sec. 70. [SUSPENSION OF PROGRAM TO VERIFY INSURANCE 147.4 COVERAGE THROUGH SAMPLING.] 147.5 The commissioner of public safety shall take no action 147.6 under Minnesota Statutes, section 169.796, subdivision 3, and 147.7 shall discontinue all activities related to the program to 147.8 verify insurance coverage through sampling, except as provided 147.9 in sections 71 to 77. 147.10 Sec. 71. [REINSTATEMENT OF SUSPENDED LICENSES.] 147.11 The commissioner, without requiring proof of insurance or 147.12 payment of a reinstatement fee, shall reinstate the driver's 147.13 license of every vehicle owner whose license is suspended under 147.14 Minnesota Statutes, section 169.796, subdivision 3, retroactive 147.15 to the date of the suspension. The commissioner shall promptly 147.16 refund any such reinstatement fees previously paid. 147.17 Sec. 72. [DISMISSAL OF CHARGES.] 147.18 All charges, complaints, and citations issued for a 147.19 violation of Minnesota Statutes, section 169.796, subdivision 3, 147.20 or a related violation, including driving after a license 147.21 suspension imposed for failure to comply with the provisions of 147.22 Minnesota Statutes, section 169.796, subdivision 3, are void and 147.23 must be dismissed. 147.24 Sec. 73. [REMOVAL OF PREVIOUS VIOLATIONS.] 147.25 The commissioner shall purge from a person's driving record 147.26 any notation of a violation of Minnesota Statutes, section 147.27 169.796, subdivision 3, and any notation of a related suspension 147.28 or violation, including driving after a license suspension 147.29 imposed for failure to comply with the provisions of Minnesota 147.30 Statutes, section 169.796, subdivision 3. An insurer may not 147.31 increase a premium for a policy of vehicle insurance on the 147.32 basis of a violation described in this section by a named 147.33 insured if the violation occurred before the effective date of 147.34 this section, and any such increase previously imposed must be 147.35 rescinded and any related premium increase promptly refunded. 147.36 Sec. 74. [REMEDIATION FOR CONVICTIONS.] 148.1 A court in which a conviction for an offense referred to in 148.2 section 72 occurred, must vacate the conviction, on its own 148.3 motion, without cost to the person convicted, and must 148.4 immediately notify the person that the conviction has been 148.5 vacated. 148.6 Sec. 75. [REMEDIATION BY INSURERS.] 148.7 (a) Insurers that issue or renew motor vehicle insurance in 148.8 this state shall, within 60 days after the effective date of 148.9 this section, inform the commissioner of commerce as to whether 148.10 it has canceled, failed to renew, denied an application for 148.11 coverage, or imposed a surcharge on any motor vehicle insurance 148.12 due to a suspension or conviction as a result of the law 148.13 referenced in section 70, provide a list of any such persons, 148.14 and indicate for each person the remediation the insurer intends 148.15 to provide. 148.16 (b) Remediation under paragraph (a) must compensate the 148.17 victim by providing refunds and reinstatements of coverage. 148.18 (c) Insurers shall provide the remediation without 148.19 requiring that the person make a request for remediation. 148.20 (d) The commissioner of commerce shall enforce this section 148.21 under its general enforcement powers under Minnesota Statutes, 148.22 chapter 45. 148.23 Sec. 76. [REPORT.] 148.24 The commissioner of public safety shall report to the 148.25 chairs of the house of representatives and senate committees 148.26 with jurisdiction over transportation policy and finance by 148.27 September 1, 2007, concerning the operation of the vehicle 148.28 insurance verification program, and the impact of the program on 148.29 the identification and number of uninsured motorists. 148.30 Sec. 77. [PUBLIC SAFETY FUNDING.] 148.31 The commissioner of public safety shall use unspent funds 148.32 appropriated for purposes of administering Minnesota Statutes, 148.33 section 169.796, subdivision 3, to carry out the provisions of 148.34 sections 71 and 73. Funds remaining at the conclusion of fiscal 148.35 year 2005 may be carried over to fiscal year 2006 until 148.36 expended, to complete the required provisions of sections 71 and 149.1 73. 149.2 Sec. 78. [WETLAND REPLACEMENT REQUIREMENT EXEMPTION.] 149.3 Notwithstanding any law to the contrary, due to the 149.4 construction of a trail in or near the city of Cologne on type I 149.5 and type III wetlands in the area between the improved portion 149.6 of marked State Highway 284 and Benton Lake, wetland replacement 149.7 is eligible for replacement under Minnesota Statutes, section 149.8 103G.222, subdivision 1, paragraph (l). 149.9 Sec. 79. [MAXIMUM TRAIN SPEED IN CITY OF ORR.] 149.10 In order to eliminate or reduce local safety hazards, a 149.11 railway corporation may not permit a train to be operated at a 149.12 speed in excess of 30 miles per hour while any portion of the 149.13 engine or train is within the limits of the city of Orr in St. 149.14 Louis County. 149.15 [EFFECTIVE DATE; LOCAL APPROVAL.] This section is effective 149.16 the day after the governing body of the city of Orr and its 149.17 chief clerical officer comply with Minnesota Statutes, section 149.18 645.021, subdivisions 2 and 3. 149.19 Sec. 80. [HIGHWAY SIGNS FOR NORTH MISSISSIPPI REGIONAL 149.20 PARK.] 149.21 Notwithstanding any contrary law, rule, or agency order, 149.22 the commissioner of transportation shall place directional signs 149.23 displaying the name North Mississippi Regional Park, in 149.24 appropriate locations approaching the 49th Avenue exit on 149.25 eastbound marked Interstate Highway 94 and approaching the 49th 149.26 Avenue exit on westbound marked Interstate Highway 94. The 149.27 commissioner shall erect the signs after being assured of the 149.28 availability of funds from nonstate sources sufficient to pay 149.29 all costs of producing, erecting, and maintaining the signs. 149.30 Sec. 81. [DEPARTMENT OF TRANSPORTATION; SIGN.] 149.31 The commissioner of transportation shall take all steps 149.32 necessary to ensure that the official directional sign in each 149.33 direction on marked Trunk Highway 169 that marks the marked 149.34 Trunk Highway 19 exit shows the direction to the city of 149.35 Henderson. 149.36 Sec. 82. [SPECIFIC SERVICE SIGN.] 150.1 Notwithstanding any other law or administrative rule or 150.2 order, the commissioner of transportation shall erect a specific 150.3 service sign on the east side of Trunk Highway 52, near its 150.4 intersection with 37th Street NW in Olmsted County. The sign 150.5 must display the name or business panel or both, of a retail 150.6 establishment on the east side of Trunk Highway 52 that began 150.7 operation before construction of the noise wall on the east side 150.8 of Trunk Highway 52, and the premises of which is blocked by the 150.9 noise wall from view from trunk Highway 52. 150.10 Sec. 83. [TRANSIT PARKING FACILITY; RESTRICTION.] 150.11 Notwithstanding any other law, a state agency, political 150.12 subdivision, or local transit agency may not require a permit as 150.13 a condition for parking in a park-and-ride facility financed in 150.14 whole or in part with state funds. For purposes of this 150.15 section, a "park-and-ride facility" is a parking lot or lots 150.16 intended and operated primarily to provide parking for persons 150.17 boarding regular route transit buses at a nearby transit stop or 150.18 station. 150.19 Sec. 84. [ETHANOL MANDATE.] 150.20 Notwithstanding any other provision of law, if the minimum 150.21 percentage of denatured alcohol that must be contained in 150.22 gasoline sold or offered for sale in Minnesota under Minnesota 150.23 Statutes, section 239.731, is more than ten percent, that 150.24 percentage reverts to ten percent 90 days after the effective 150.25 date of any federal law relating to (1) the federal excise tax 150.26 rate on gasoline-ethanol blends, or (2) the deposit of revenues 150.27 from the federal excise tax on gasoline-ethanol blends, that in 150.28 the determination of the commissioner of transportation will 150.29 result in a loss of federal transportation funds to Minnesota 150.30 that is directly attributable to requiring a minimum of more 150.31 than ten percent denatured ethanol in gasoline sold or offered 150.32 for sale in Minnesota. 150.33 Sec. 85. [REPEALER.] 150.34 (a) Minnesota Statutes 2004, sections 168.011, subdivision 150.35 19; and 168.15, subdivision 2, are repealed. 150.36 (b) Minnesota Statutes 2004, section 171.165, subdivisions 151.1 3, 4, 4a, and 4b, are repealed. 151.2 (c) Minnesota Statutes 2004, section 473.408, subdivision 151.3 1, is repealed. 151.4 (d) Minnesota Rules, part 7503.2400, is repealed. 151.5 (e) Minnesota Rules, parts 7800.0600; 7800.3200, subpart 1; 151.6 7805.0700; 8850.6900, subpart 20; and 8855.0500, subpart 1, are 151.7 repealed. 151.8 Sec. 86. [EFFECTIVE DATE; EXPIRATION.] 151.9 Sections 70 to 77 are effective the day following final 151.10 enactment and expire on June 10, 2006.