1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor vehicles; modifying vehicle 1.3 registration and titling provisions; modifying 1.4 interstate commercial vehicle registration provisions 1.5 to conform to interstate registration plan; modifying 1.6 requirements for driver education programs; making 1.7 technical and clarifying changes; amending Minnesota 1.8 Statutes 1998, sections 168.012, subdivision 7; 1.9 168.017, subdivision 3; 168.09, subdivision 6; 1.10 168.1235, subdivisions 1 and 4; 168.1291; 168.13; 1.11 168.187, subdivision 8; 168.31, subdivision 4; 168.33, 1.12 subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 1.13 168A.04, subdivision 5, and by adding a subdivision; 1.14 168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; and 1.15 171.20, subdivision 4; Minnesota Statutes 1999 1.16 Supplement, sections 168.15, subdivision 1; 168.16; 1.17 171.05, subdivision 2; and 171.29, subdivision 2; Laws 1.18 1995, chapter 264, article 2, section 44, as amended; 1.19 repealing Minnesota Statutes 1998, section 168.1292. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 1998, section 168.012, 1.22 subdivision 7, is amended to read: 1.23 Subd. 7. [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.] 1.24 The owner of a motorvehicles whichvehicle that during any 1.25 calendar year, or in the case of a vehicle registeredpursuant1.26tounder section 168.017,during the registration periodthere1.27 provided for in that section,areis not operated on a public 1.28 highwayshall beis exempt from the provisions of this chapter 1.29 requiring registration, payment of tax, and penalties for tax 1.30 nonpaymentthereof,provided thatbut only if the owner ofany1.31suchthe vehicleshallfirstfilefiles a verified written 1.32 application with thecommissioner of public safetyregistrar, 2.1 correctly describing the vehicle and certifying that it has not 2.2 beenand will not beoperated upon a public highway. 2.3Motor vehicles whose domicile isA motor vehicle domiciled 2.4 in a foreign stateand are, legally licensed in that state, and 2.5 owned by a Minnesota residentshall beis exempt fromthe2.6provisions ofthis chapterand; except that it is subject tothe2.7provisions ofsection 168.181, subdivision 3., provided, that 2.8 this exemption does not conflict with any existing reciprocal 2.9 agreement with the state in which the vehicle is domiciled. 2.10 Sec. 2. Minnesota Statutes 1998, section 168.017, 2.11 subdivision 3, is amended to read: 2.12 Subd. 3. [EXCEPTIONS.] All vehicles subject to 2.13 registration under the monthly series system shall be registered 2.14 by the registrar for a period of 12 consecutive calendar months, 2.15 except as follows: 2.16 (a) if the application is an original rather than renewal 2.17 application; or 2.18 (b) if the applicant is a licensed motor vehicle lessor 2.19 under section 168.27, in which case the applicant may apply for 2.20 original or renewal registration of a vehicle for a period of 2.21 four or more months, the month of expiration to be designated by 2.22 the applicant at the time of registration. However, to qualify 2.23 for this exemption, the applicant must present the application 2.24 to the registrar at St. Paul, or at deputy registrar offices as 2.25 the registrar may designate. 2.26 In any instance except that of a licensed motor vehicle 2.27 lessor, the registrar may register the vehicle which is the 2.28 subject of the application for a period of not less than three 2.29 nor more than 15 calendar months, when the registrar determines 2.30 that to do so will help to equalize the registration and renewal 2.31 work load of the department. 2.32 Sec. 3. Minnesota Statutes 1998, section 168.09, 2.33 subdivision 6, is amended to read: 2.34 Subd. 6. [SEMITRAILER.]On semitrailersFor a semitrailer, 2.35 as defined in section 168.011, subdivision 14, a number plate 2.36 must be assigned to the registered owner as identification for 3.1 the vehicleand correlate with the certificate of title3.2documentation on file with the department. This number 3.3 plateshallmust not display a year designator. The 3.4 registration card must indicate the number plate for the number 3.5 plate to be valid. 3.6 Sec. 4. Minnesota Statutes 1998, section 168.1235, 3.7 subdivision 1, is amended to read: 3.8 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 3.9 payment of a fee of $10 for each set of two license plates,or3.10for a single plate in the case of a motorcycle plate,payment of 3.11 the registration tax required by law, and compliance with other 3.12 laws relating to the registration and licensing of a passenger 3.13 automobile, pickup truck, van, or self-propelled recreational 3.14equipment, or motorcyclevehicle, as applicable, the registrar 3.15 shall issue a special license plate sticker for each plate to an 3.16 applicant who is a member of a congressionally chartered 3.17 veterans service organization and is an owner or joint owner of 3.18 a passenger automobile, pickup truck, van, or self-propelled 3.19 recreationalequipment, or motorcyclevehicle. 3.20 (b) The additional fee of $10 is payable at the time of 3.21 initial application for the special license plate stickers and 3.22 when the license plates must be replaced or renewed. An 3.23 applicant must not be issued more than two sets of special 3.24 license plate stickers for vehicles listed in paragraph (a) and 3.25 owned or jointly owned by the applicant. 3.26 (c) The commissioner of veterans affairs shall determine 3.27 what documentation is required by each applicant to show that 3.28 the applicant is a member of a congressionally chartered 3.29 veterans service organization and is entitled to the special 3.30 license plate stickers. 3.31 Sec. 5. Minnesota Statutes 1998, section 168.1235, 3.32 subdivision 4, is amended to read: 3.33 Subd. 4. [PLATES TRANSFER.] Notwithstanding section 168.12 3.34 or other law to the contrary, on payment of a fee of $5, the 3.35 special plate stickers issued under subdivision 1, may be 3.36 transferred to other license plates on a passenger automobile, 4.1 pickup truck, van,motorcycle,or self-propelled recreational 4.2equipmentvehicle owned or jointly owned by the person to whom 4.3 the stickers were issued. 4.4 Sec. 6. Minnesota Statutes 1998, section 168.1291, is 4.5 amended to read: 4.6 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 4.7 Subdivision 1. [DEFINITION.] For purposes of this section 4.8 "special license plates" means license plates issued under 4.9 sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; and 4.10 168.129; and 168.1292. 4.11 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 4.12 commissioner shall design a single special license plate that 4.13 will contain a unique number and a space for a unique symbol. 4.14 The commissioner shall design a unique symbol related to the 4.15 purpose of each special license plate. Any provision of 4.16 sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129;4.17and 168.1292that requires the placement of a specified letter 4.18 or letters on a special license plate applies to those license 4.19 plates only to the extent that the commissioner includes the 4.20 letter or letters in the design. Where a law authorizing a 4.21 special license plate contains a specific requirement for 4.22 graphic design of that license plate, that requirement applies 4.23 to the appropriate unique symbol the commissioner designs. 4.24 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 4.25 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 4.26 168.123; or 168.129; or 168.1292, beginning with special license 4.27 plates issued in calendar year 1996 the commissioner shall issue 4.28 each class of special license plates permanently marked with 4.29 specific designs under those laws only until the commissioner's 4.30 supply of those license plates is exhausted. Thereafter the 4.31 commissioner shall issue under those laws only the license plate 4.32 authorized under subdivision 2, with the appropriate unique 4.33 symbol attached. 4.34 Subd. 4. [FEES.] Notwithstanding section 168.12, 4.35 subdivisions 2b to 2e; 168.123; or 168.129; or 168.1292, the 4.36 commissioner shall charge a fee of $10 for each set of license 5.1 plates issued under this section. 5.2 Subd. 5. [APPLICATION.] This section does not apply to a 5.3 special motorcycle license plate designed by the registrar under 5.4 section 168.123, subdivision 1, clause (2). 5.5 Sec. 7. Minnesota Statutes 1998, section 168.13, is 5.6 amended to read: 5.7 168.13 [PROOF OF OWNERSHIP.] 5.8 (a) The registrar shall not approvenoan application and 5.9 shall not issuenonumber plates for any motor vehicle, unless 5.10 and until the title certificatetheretoforeissued under chapter 5.11 168A, or registration certificate if not titled, is delivered to 5.12 the registrar, who shall. The registrar must be satisfied from 5.13 the records that all taxes and fees duehereunder shallhave 5.14 been paid,and that endorsements upon the certificate are in 5.15 writing and have been signed by the seller and purchaser. 5.16 (b) The registrar shall not register and shall not issue 5.17 number plates for a motorvehiclesvehicle brought into 5.18 Minnesota fromother states shall not be registered or have5.19number plates issued thereforanother state untilsuch: 5.20 (1) a registration certificate or other evidence of title 5.21 as may reasonably be required from the registrant within that 5.22 statebeis surrendered to the registrar in the same manner as 5.23 certificates of this state,; or in lieu thereof, such view and5.24 (2) the registrar receives evidence of the chain of 5.25 ownershipbe hadas will assure the payment of the proper tax so 5.26 long as the motor vehicleshall beis in the state. 5.27 Sec. 8. Minnesota Statutes 1999 Supplement, section 5.28 168.15, subdivision 1, is amended to read: 5.29 Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the 5.30 transfer of ownership, destruction, theft, dismantlingas such, 5.31 orthepermanent removal by the ownerthereoffrom this state of 5.32 any motor vehicle registered in accordance withthe provisions5.33ofthis chapter, the right of the owner ofsuchthe vehicle to 5.34 use the registration certificate and number plates assignedsuch5.35 to the vehicleshall expire, and such certificate and any5.36existing plates shall be, by such owner, forthwith returned,6.1with transportation prepaid, to the registrar with a signed6.2notice of the date and manner of termination of ownership,6.3giving the name and post office address, with street and number,6.4if in a city, of the person to whom transferred. No fee may be6.5charged for a return of plates under this sectionexpires. 6.6 (b) When the ownership of a motor vehicleshall beis 6.7 transferred to anotherwho shall forthwith register the same in6.8the other's name, the registrar may permit the manual delivery6.9of such plates to the new owner of such vehicleresident of this 6.10 state, the transferor shall surrender the registration plates, 6.11 unless otherwise provided for in this chapter, and assign the 6.12 registration tax paid to the credit of the transferee. 6.13 (c) When seeking to become the owner by gift, trade, or 6.14 purchase of any vehicle for which a registration certificate has 6.15 beentheretoforeissued underthe provisions ofthis chapter, a 6.16 person shall join with the registered owner in transmitting with 6.17 the application the registration certificate, with the 6.18 assignment and notice of sale duly executed upon the reverse 6.19 sidethereof, or, in case of loss ofsuchthe certificate, 6.20 withsuchproof of loss by sworn statement, in writing,as shall6.21beand satisfactory to the registrar. Upon the transfer of any 6.22 motor vehicle by a manufacturer or dealer, for use within the 6.23 state, whether by sale, lease, or otherwise,suchthe 6.24 manufacturer or dealer shall, within ten days aftersuchthe 6.25 transfer, file with the registrar a notice or report containing 6.26 the date ofsuchtransfer, a description ofsuchthe motor 6.27vehiclesvehicle, and the transferee's name, street and number 6.28 of residence, if in a city, andthepost office addressof the6.29transferee, and shall also transmittherewithwith it the 6.30 transferee's application for registrationthereof. 6.31 Sec. 9. Minnesota Statutes 1999 Supplement, section 6.32 168.16, is amended to read: 6.33 168.16 [REFUND; APPROPRIATION.] 6.34 After the tax upon any motor vehicleshall havehas been 6.35 paid for any year, refundshallmust be made for errors made in 6.36 computing the tax or fees and for the error on the part of an 7.1 owner who may in error have registered a motor vehicle that was 7.2 not before, nor at the time of registration, nor at any time 7.3 thereafter during the current past year, subject to tax in this 7.4 state as provided by section 168.012. Unless otherwise provided 7.5 in this chapter, a claim for a refund of an overpayment of 7.6 registration tax must be filed within 3-1/2 years from the date 7.7 of payment. Therefundment shallrefund must be made from any 7.8 fund in possession of the registrar andshall bededucted from 7.9 the registrar's monthly report to the commissioner of finance. 7.10 A detailed report of therefundment shallrefund must accompany 7.11 the report. The former owner of a transferred vehicle, by an 7.12 assignment in writing endorsed upon the registration certificate 7.13 and delivered to the registrar within the time providedherein7.14may sell andin this subdivision, shall assign, except for 7.15 vehicles registered under section 168.187, to the new owner 7.16thereofthe right to have the tax paid by the former owner 7.17 accredited to the owner who duly registers the vehicle. Any 7.18 owner at the time of such occurrence, whose vehicleshall beis 7.19 declared by an insurance company to be a total loss due to flood 7.20 or tornado damage, permanently destroyed, or sold to the federal 7.21 government, the state, or a political subdivisionthereofof the 7.22 state, shall upon filing a verified claim be entitled to a 7.23 refund of the unused portion of the tax paid upon the vehicle, 7.24 computed as follows: 7.25 (1) if the vehicle is registered under the calendar year 7.26 system of registration, the refund is computed pro rata by the 7.27 month, 1/12 of the annual tax paid for each month of the year 7.28 remaining after the month in which the plates and certificate 7.29 were returned to the registrar; 7.30 (2)in the case of aif the vehicle is registered under the 7.31 monthly series system of registration, the amount of the refund 7.32 is equal to the sum of the amounts of the license fee 7.33 attributable to those months remaining in the licensing period 7.34 after the month in which the plates and certificate were 7.35 returned to the registrar. 7.36 There is hereby appropriated to the persons entitled to a 8.1 refund, from the fund or account in the state treasury to which 8.2 the money was credited, an amount sufficient to make the refund 8.3 and payment. 8.4 Sec. 10. Minnesota Statutes 1998, section 168.187, 8.5 subdivision 8, is amended to read: 8.6 Subd. 8. [BASE STATE RECIPROCITY.] (1) Any agreement, 8.7 arrangement, or declaration made under the authority of this 8.8 section may contain provisions authorizing the registration or 8.9 licensing in another state of vehicles based insuchthe other 8.10 state, which vehicles otherwise would be required to be 8.11 registered or licensed in this state, except thatsuchthose 8.12 provisions shall not apply to passenger cars. 8.13 (2)For the purpose of this section, a vehicle shall be8.14deemed to be based in the state where it is most frequently8.15dispatched, garaged, serviced, maintained, operated or otherwise8.16controlled.8.17(3)For the purpose of this section, the owner of a vehicle 8.18 shall declare the state in which it is based, but the 8.19 commissioner of public safety shall make the final determination 8.20 of the state in whichathe vehicle is basedshall be made by8.21the commissioner of public safety of this statefor the purpose 8.22 of determining liability for registration and other fees and 8.23 penalties due this state.To the extent possible,The 8.24 commissioner of public safetyshall beis governed, to the 8.25 extent possible, by the criteria specified in this section, and 8.26 agreement with the administrator of any other interested state. 8.27(4)(3) Any agreement, arrangement, or declaration made 8.28 under this section may grant exemptions, benefits, and 8.29 privileges for vehicles in accordance withtheits termsthereof. 8.30 Sec. 11. Minnesota Statutes 1998, section 168.31, 8.31 subdivision 4, is amended to read: 8.32 Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed 8.33 under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 8.34 more than $400, the owner may paysuchthe tax by installments. 8.35 The owner shall tender with the application for registration 8.36 one-third of the annual tax due or $400, whichever is greater, 9.1 plus any penalties or arrears, plus a fee of $10. Instead of 9.2 this fee, the applicant may furnish a bond, bank letter of 9.3 credit, or certificate of deposit approved by the registrar of 9.4 motor vehicles, for the total of the tax still due. The amount 9.5 of the bond, letter of credit, or certificate of deposit may 9.6 include any penaltieswhich areassessed. The bond, letter of 9.7 credit, or certificate of depositshallmust be for the benefit 9.8 of the state for monetary loss caused by failure of the vehicle 9.9 owner to pay delinquent license fees and penalties. The 9.10 remainder of the tax dueshallmust be paid in two equal 9.11 installments; the due date of the first installmentshall beis 9.12 the first day of the fifth month of the registration period for 9.13 which the tax is assessed and the second installmentshall beis 9.14 due on the first day of the ninth month of the registration 9.15 period for which the tax is assessed. When the applicant elects 9.16 to pay the administrative fee, the registrar shall issue to the 9.17 applicant distinctive validation stickersfor the installment9.18paid. When the applicant elects to furnish a bond, bank letter, 9.19 or letter of deposit, the registrar shall issue regular 9.20 validation stickers for the registration year. If an owner of a 9.21 vehicle fails to pay an installment on or beforetheits due 9.22 datethereof, the vehicleshallmust notusebe used on the 9.23 public streets or highways in this state until the installment 9.24 or installments of the tax remaining due onsuchthe vehicle 9.25shallhave been paid in full for the licensed year together with 9.26 a penalty at the rate of $1 per day for the remainder of the 9.27 month in which the balance of the tax becomes due and $4 a month 9.28 for each succeeding month or fractionthereofof a month during 9.29 which the balance of the tax remains unpaid. Upon the payment 9.30 of the balance of the tax and the penalties, the registrar shall 9.31 issue a registration certificate to the owner of the vehicle in 9.32 the manner provided by law. The registrar shall deny 9.33 installment payment privileges provided in this subdivision in 9.34 the subsequent year to any owner on any or all vehicles ofsuch9.35 the owner who during the current year fails to pay any 9.36 installment due within one month after the due date. 10.1 Sec. 12. Minnesota Statutes 1998, section 168.33, 10.2 subdivision 7, is amended to read: 10.3 Subd. 7. [FILING FEE.] In addition to all other statutory 10.4 fees and taxes, a filing fee of $3.50 is imposed on every 10.5 application; except that a filing fee may not be charged for a 10.6 document returned for a refund or for a correction of an error 10.7 made by the department or a deputy registrar. The filing fee 10.8 shall be shown as a separate item on all registration renewal 10.9 notices sent out by the department of public safety. No filing 10.10 fee or other fee may be charged for the permanent surrender of a 10.11 certificate of title and license plates for a motor vehicle. 10.12 Filing fees collected under this subdivision by the registrar 10.13 must be paid into the state treasury and credited to the highway 10.14 user tax distribution fund, except fees for registrations ofnew10.15 motor vehicles. Filing fees collected for registrations ofnew10.16 motor vehicles in conjunction with a title transfer or first 10.17 application in this state must be paid into the state treasury 10.18 with 50 percent of the money credited to the general fund and 50 10.19 percent credited to the highway user tax distribution fund. 10.20 Sec. 13. Minnesota Statutes 1998, section 168.54, 10.21 subdivision 5, is amended to read: 10.22 Subd. 5. [PROCEEDS TO GENERAL FUND.] The registrar shall 10.23 collect the proceeds of the fee imposed underthe provisions of10.24 this sectionshall be collected by the commissioner of public10.25safetyandpaid intodeposit them in the general fund pursuant 10.26 to section 168A.31. 10.27 Sec. 14. Minnesota Statutes 1998, section 168.54, 10.28 subdivision 6, is amended to read: 10.29 Subd. 6. [BALANCE TO GENERAL FUND.] The unobligated 10.30 balances in excess of $4,000 insaidthe transfer of ownership 10.31 revolving fund as of June 30 of each fiscal yearshall be10.32canceled intocancel to the general fund. 10.33 Sec. 15. Minnesota Statutes 1998, section 168A.03, is 10.34 amended to read: 10.35 168A.03 [EXEMPT VEHICLES.] 10.36NoThe registrar shall not issue a certificate of 11.1 titleneed be obtainedfor: 11.2 (1) a vehicle owned by the United States, unless it is11.3registered in this state; 11.4 (2) a vehicle owned by a manufacturer or dealer and held 11.5 for sale, even though incidentally moved on the highway or used 11.6 pursuant to section 168.27 or 168.28, or a vehicle used by a 11.7 manufacturer solely for testing; 11.8 (3) a vehicle owned by a nonresident and not required by 11.9 law to be registered in this state; 11.10 (4) a vehicle owned by a nonresident and regularly engaged 11.11 in the interstate transportation of persons or property for 11.12 which a currently effective certificate of title has been issued 11.13 in another state; 11.14 (5) a vehicle moved solely by animal power; 11.15 (6) an implement of husbandry; 11.16 (7) special mobile equipment; 11.17 (8) a self-propelled wheelchair or invalid tricycle; 11.18 (9) a trailer (i) having a gross weight of 4,000 pounds or 11.19 less unless a secured party holds an interest in the trailer or 11.20 a certificate of title was previously issued by this state or 11.21 any other state ora trailer(ii) designed primarily for 11.22 agricultural purposes except recreational equipment or a 11.23 manufactured home, both as defined in section 168.011, 11.24 subdivisions 8 and 25; 11.25 (10) a snowmobile. 11.26 Sec. 16. Minnesota Statutes 1998, section 168A.04, 11.27 subdivision 5, is amended to read: 11.28 Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 11.29 Except as provided in subdivision 6, if the application refers 11.30 to a specially constructed vehicle or a reconstructed vehicle, 11.31 the application shall so state and shall contain or be 11.32 accompanied by: 11.33 (1) Any information and documents the department reasonably 11.34 requires to establish the ownership of the vehicle and the 11.35 existence or nonexistence and priority of security interests in 11.36 it; 12.1 (2) The certificate of a person authorized by the 12.2 department that the identifying number of the vehicle has been 12.3 inspected and found to conform to the description given in the 12.4 application, or any other proof of the identity of the vehicle 12.5 the department reasonably requires. 12.6 Sec. 17. Minnesota Statutes 1998, section 168A.04, is 12.7 amended by adding a subdivision to read: 12.8 Subd. 6. [ASSEMBLED MOTORCYCLES.] (a) If the application 12.9 refers to an assembled motorcycle, the application must so state 12.10 and be accompanied by: 12.11 (1) a manufacturer's statement or certificate of origin 12.12 from a recognized motorcycle manufacturer for the frame, 12.13 complete engine or engine cases, provided that if a statement or 12.14 certificate of origin is submitted for engine cases it must also 12.15 be accompanied by copies of original documentation for cylinder 12.16 heads, cylinders, flywheels, and piston and rod assemblies; and 12.17 (2) vendor receipts or copies of the receipts from 12.18 suppliers on the transmission assembly, engine assembly, fork 12.19 assembly, and front and rear wheel assemblies. If the applicant 12.20 is a motorcycle assembler, the applicant must also provide 12.21 copies of original vendor receipts for the assemblies listed in 12.22 this clause. 12.23 (b) An assembled motorcycle for which the documentation 12.24 required under paragraph (a), clauses (1) and (2), has been 12.25 submitted is not subject to the filing requirement of section 12.26 168A.07, subdivision 1, clause (2). 12.27 Sec. 18. Minnesota Statutes 1998, section 168A.06, is 12.28 amended to read: 12.29 168A.06 [DELIVERY OF CERTIFICATE.] 12.30 The certificate of titleshallmust bemaileddelivered to 12.31 the owner named in it. Secured parties, if any,shallmust be 12.32 mailed notification of their security interest filed. 12.33 Sec. 19. Minnesota Statutes 1998, section 168A.13, is 12.34 amended to read: 12.35 168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF 12.36 REGISTRATION CARD AND PLATES.] 13.1 Subdivision 1. [FEE ACCOMPANIES APPLICATION FOR 13.2 CERTIFICATE.] An application for a certificate of titleshall13.3 must be accompanied by the requiredfeefees when mailed or 13.4 delivered to the department. 13.5 Subd. 2. [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED 13.6 PARTY.] An application for the naming of a secured party or the 13.7 party's assignee on a certificate of titleshallmust be 13.8 accompanied by the requiredfeefees when mailed or delivered to 13.9 the department. 13.10 Subd. 3. [DELIVERY OF REGISTRATION CARD AND PLATES.] A 13.11 transferor of a vehicle, other than a dealer transferring a new 13.12 vehicle, shall deliver to the transferee at the time of the 13.13 delivery of possession of the vehicle the registration card and 13.14 license plates for the vehicle. 13.15 Sec. 20. Minnesota Statutes 1998, section 168A.14, is 13.16 amended to read: 13.17 168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES 13.18 SURRENDERED.] 13.19 Subdivision 1. [NEW CERTIFICATE AFTER ASSIGNMENT.] The 13.20 department, upon receipt of a properly assigned certificate of 13.21 title, with an application for a new certificate of title, the 13.22 required fees and taxes, and any other documents required by 13.23 law, shall issue a new certificate of title in the name of the 13.24 transferee as owner and list any secured party named on it and 13.25shallmust be issued a notification that the security interest 13.27 has been filed. 13.28 Subd. 1a. [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.] 13.29 The department, upon receipt of an affidavit as provided in 13.30 section 524.3-1201(a), an application for a new certificate of 13.31 title, and any required fee, shall issue a new certificate of 13.32 title in the name of the successor as owner, listing any secured 13.33 party on it. The department shallIf the outstanding certificate of title is not delivered14.7to it, the department shall make demand therefor from the holder14.8thereof.14.9 Subd. 3. [SURRENDERED CERTIFICATE.] The department shall 14.10 file and retain for seven years every surrendered certificate of 14.11 title, the file to be maintained so as to permit the tracing of 14.12 title of the vehicledesignated therein. 14.13 Sec. 21. Minnesota Statutes 1998, section 168A.31, 14.14 subdivision 1, is amended to read: 14.15 Subdivision 1. [PAID TO GENERAL FUND.] All fees prescribed 14.16 by sections 168A.01 to 168A.31 and 168.54 collected by the 14.17 departmentshallmust be paid into the general fund. 14.18 Sec. 22. Minnesota Statutes 1999 Supplement, section 14.19 171.05, subdivision 2, is amended to read: 14.20 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 14.21 Notwithstanding any provision in subdivision 1 to the contrary, 14.22 the department, upon application therefor, may issue an 14.23 instruction permit to an applicant who is 15, 16, or 17 years of 14.24 age and the applicant: 14.25 (1) has completed a course of driver education in another 14.26 state, has a previously issued valid license from another state, 14.27 or is enrolled in one of the following types of driver education 14.28 programs: 14.29 (i) a driver education program offered through the public 14.30 schools that includes classroom and behind-the-wheel training 14.31 and that has been approved by the commissioner of children, 14.32 families, and learning; 14.33 (ii) a course offered by a private, commercial driver 14.34 education school or institute that includes classroom and 14.35 behind-the-wheel training and that has been approved by the 14.36 department of public safety; or 15.1 (iii) an approved behind-the-wheel driver education program 15.2 when the student is receiving full-time instruction in a home 15.3 school within the meaning of sections 120A.22 and 120A.24, the 15.4 student is working toward a home-school diploma, the student's 15.5 status as a home-school student has been certified by the 15.6 superintendent of the school district in which the student 15.7 resides, and the student is taking home-classroom driver 15.8 training with classroom materials approved by the commissioner 15.9 of public safety; 15.10 (2) has completedthea nonconcurrent classroom phase of 15.11 instruction in the driver education program; 15.12 (3) has passed a test of the applicant's eyesight; 15.13 (4) has passed a test of the applicant's knowledge of 15.14 traffic laws, which test must be administered by the department; 15.15 (5) has completed the required application, which must be 15.16 approved by (i) either parent when both reside in the same 15.17 household as the minor applicant or, if otherwise, then (ii) the 15.18 parent or spouse of the parent having custody or, in the event 15.19 there is no court order for custody, then (iii) the parent or 15.20 spouse of the parent with whom the minor is living or, if items 15.21 (i) to (iii) do not apply, then (iv) the guardian having custody 15.22 of the minor or, in the event a person under the age of 18 has 15.23 no living father, mother, or guardian, then (v) the applicant's 15.24 employer; provided, that the approval required by this clause 15.25 contains a verification of the age of the applicant and the 15.26 identity of the parent, guardian, or employer; and 15.27 (6) has paid the fee required in section 171.06, 15.28 subdivision 2. 15.29 (b) The instruction permit is valid for one year from the 15.30 date of application and may be renewed upon payment of a fee 15.31 equal to the fee for issuance of an instruction permit under 15.32 section 171.06, subdivision 2. 15.33 (c) A driver education program that offers concurrent 15.34 classroom and laboratory class D instruction shall issue a 15.35 certificate of enrollment to a student who has completed a 15.36 minimum of 15 hours of classroom instruction in motor vehicle 16.1 operation. The certificate must state that the student is 16.2 enrolled in a program of concurrent classroom and laboratory 16.3 instruction. The department may issue an instruction permit to 16.4 a student who presents the certificate and who otherwise 16.5 satisfies the requirements of this subdivision. A driver 16.6 education program shall notify the department of the name and 16.7 address of a student who does not complete the classroom portion 16.8 of the program within six months after issuance of the 16.9 certificate. On receipt of notification, the department may 16.10 withdraw the student's instruction permit and mail notice to the 16.11 student of the withdrawal. 16.12 Sec. 23. Minnesota Statutes 1998, section 171.20, 16.13 subdivision 4, is amended to read: 16.14 Subd. 4. [REINSTATEMENT FEE.] Before the license is 16.15 reinstated, a person whose driver's license has been suspended 16.16 under section 171.16, subdivision 2; 171.18, except subdivision 16.17 1, clause (10); or 171.182, or who has been disqualified from 16.18 holding a commercial driver's license under section 171.165, 16.19 must pay a fee of$25 until June 30, 1999, and$20thereafter. 16.20 When fees are collected by acounty-operated office of deputy16.21registrarlicensing agent appointed under section 171.061, a 16.22 handling charge is imposed in the amount specified under section 16.23168.33171.061, subdivision74. Thehandling charge must be16.24deposited in the treasury of the place for which the deputy16.25registrar was appointed and thereinstatement fee and surcharge 16.26 must be deposited in an approved state depository as directed 16.27 under section168.33171.061, subdivision24. A suspension may 16.28 be rescinded without fee for good cause. 16.29 Sec. 24. Minnesota Statutes 1999 Supplement, section 16.30 171.29, subdivision 2, is amended to read: 16.31 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 16.32 license has been revoked as provided in subdivision 1, except 16.33 under section 169.121 or 169.123, shall pay a $30 fee before the 16.34 driver's license is reinstated. 16.35 (b) A person whose driver's license has been revoked as 16.36 provided in subdivision 1 under section 169.121 or 169.123 shall 17.1 pay a $250 fee plus a $40 surcharge before the driver's license 17.2 is reinstated. The $250 fee is to be credited as follows: 17.3 (1) Twenty percentshallmust be credited to the trunk 17.4 highway fund. 17.5 (2) Fifty-five percentshallmust be credited to the 17.6 general fund. 17.7 (3) Eight percentshallmust be credited to a separate 17.8 account to be known as the bureau of criminal apprehension 17.9 account. Money in this account may be appropriated to the 17.10 commissioner of public safety and the appropriated amountshall17.11 must be apportioned 80 percent for laboratory costs and 20 17.12 percent for carrying out the provisions of section 299C.065. 17.13 (4) Twelve percentshallmust be credited to a separate 17.14 account to be known as the alcohol-impaired driver education 17.15 account. Money in the account is appropriated as follows: 17.16 (i) the first $200,000 in a fiscal yearisto the 17.17 commissioner of children, families, and learning for programs 17.18 for elementary and secondary school students.; and 17.19 (ii) the remainder credited in a fiscal yearis17.20appropriatedto the commissioner of transportation to be spent 17.21 as grants to the Minnesota highway safety center at St. Cloud 17.22 State University for programs relating to alcohol and highway 17.23 safety education in elementary and secondary schools. 17.24 (5) Five percentshallmust be credited to a separate 17.25 account to be known as the traumatic brain injury and spinal 17.26 cord injury account. The money in the account is annually 17.27 appropriated to the commissioner of health to be used as 17.28 follows: 35 percent for a contract with a qualified 17.29 community-based organization to provide information, resources, 17.30 and support to assist persons with traumatic brain injury and 17.31 their families to access services, and 65 percent to maintain 17.32 the traumatic brain injury and spinal cord injury registry 17.33 created in section 144.662. For the purposes of this clause, a 17.34 "qualified community-based organization" is a private, 17.35 not-for-profit organization of consumers of traumatic brain 17.36 injury services and their family members. The organization must 18.1 be registered with the United States Internal Revenue Service 18.2 underthe provisions ofsection 501(c)(3) as a tax-exempt 18.3 organization and must have as its purposes: 18.4 (i) the promotion of public, family, survivor, and 18.5 professional awareness of the incidence and consequences of 18.6 traumatic brain injury; 18.7 (ii) the provision of a network of support for persons with 18.8 traumatic brain injury, their families, and friends; 18.9 (iii) the development and support of programs and services 18.10 to prevent traumatic brain injury; 18.11 (iv) the establishment of education programs for persons 18.12 with traumatic brain injury; and 18.13 (v) the empowerment of persons with traumatic brain injury 18.14 through participation in its governance. 18.15 No patient's name, identifying information or identifiable 18.16 medical data will be disclosed to the organization without the 18.17 informed voluntary written consent of the patient or patient's 18.18 guardian, or if the patient is a minor, of the parent or 18.19 guardian of the patient. 18.20 (c) The $40 surchargeshallmust be credited to a separate 18.21 account to be known as the remote electronic alcohol monitoring 18.22 program account. The commissioner shall transfer the balance of 18.23 this account to the commissioner of finance on a monthly basis 18.24 for deposit in the general fund. 18.25 (d) When these fees are collected by acounty-operated18.26office of deputy registrarlicensing agent, appointed under 18.27 section 171.061, a handling charge is imposed in the amount 18.28 specified under section168.33171.061, subdivision74. The 18.29handling charge must be deposited in the treasury of the place18.30for which the deputy registrar was appointed and the18.31 reinstatement fees and surcharge must be deposited in an 18.32 approved state depository as directed under section168.3318.33 171.061, subdivision24. 18.34 Sec. 25. Laws 1995, chapter 264, article 2, section 44, as 18.35 amended by Laws 1996, chapter 471, article 2, section 27, and 18.36 Laws 1998, chapter 389, article 8, section 33, is amended to 19.1 read: 19.2 Sec. 44. [EFFECTIVE DATE.] 19.3 Section 1 is effective the day following final enactment. 19.4 Sections 3 and 4 are effective June 1, 1995.Section 4 is19.5repealed June 1, 2000.19.6 Sections 5 to 21 and 43, paragraph (a), are effective July 19.7 1, 1995. 19.8 Sections 23, 28, 33, 40, 42, and the part of section 22 19.9 amending language in paragraph (i), clause (vii), are effective 19.10 the day following final enactment. 19.11 Sections 24 and 34 are effective for sales made after 19.12 December 31, 1996. 19.13 Section 25 is effective beginning with leases or rentals 19.14 made after June 30, 1995. 19.15 Section 26 is effective retroactively for sales after May 19.16 31, 1992. 19.17 Section 27 is effective for sales made after June 30, 1995. 19.18 Section 29 and the part of section 22 striking the language 19.19 after paragraph (h) are effective for sales after June 30, 1995. 19.20 Section 32 is effective for sales made after June 30, 1995, 19.21 and before July 1, 1999. 19.22 Sections 35 and 36 are effective for sales or transfers 19.23 made after June 30, 1995. 19.24 Section 38 is effective the day after the governing body of 19.25 the city of Winona complies with Minnesota Statutes, section 19.26 645.021, subdivision 3. 19.27 Section 39 is effective upon compliance by the Minneapolis 19.28 city council with Minnesota Statutes, section 645.021, 19.29 subdivision 3. 19.30 Section 43, paragraph (b), is effective for sales of 900 19.31 information services made after June 30, 1995. 19.32 Sec. 26. [REPEALER.] 19.33 Minnesota Statutes 1998, section 168.1292, is repealed. 19.34 Sec. 27. [EFFECTIVE DATE.] 19.35 Section 25 is effective the day following final enactment.