HF 3137

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the department of 
  1.4             transportation and other agencies; setting fees and 
  1.5             penalties; regulating and creating related programs 
  1.6             and activities; amending Minnesota Statutes 1994, 
  1.7             sections 160.85, by adding a subdivision; 168.013, 
  1.8             subdivision 3; 168.042, subdivision 8, and by adding a 
  1.9             subdivision; 168.12, subdivision 2; 168.123, 
  1.10            subdivisions 1 and 4; 168.15; 168.33, by adding a 
  1.11            subdivision; 169.121, subdivision 3; 169.82, 
  1.12            subdivision 3; 169.871, by adding a subdivision; 
  1.13            169.98, subdivision 1; 171.07, by adding a 
  1.14            subdivision; 171.26; and 260.173, subdivision 2; 
  1.15            Minnesota Statutes 1995 Supplement, sections 13.69, 
  1.16            subdivision 1; and 168.16; proposing coding for new 
  1.17            law in Minnesota Statutes, chapters 168; and 299D; 
  1.18            proposing coding for new law as Minnesota Statutes, 
  1.19            chapter 257A. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  1.22     The sums in the columns headed "APPROPRIATIONS" are 
  1.23  appropriated from the general fund, or another named fund, to 
  1.24  the agencies and for the purposes specified, to be available for 
  1.25  the fiscal year ending June 30, 1997. 
  1.26                          SUMMARY BY FUND
  1.27                                                         1997
  1.28  General Fund                                       $  6,697,000
  1.29  Trunk Highway Fund                                   42,925,000
  1.30  Highway User Tax Distribution
  1.31  Fund                                                    127,000
  1.32  TOTAL                                              $ 49,749,000
  1.33                                             APPROPRIATIONS 
  2.1                                          Available for the Year 
  2.2                                              Ending June 30 
  2.3                                                          1997 
  2.4   Sec. 2.  DEPARTMENT OF 
  2.5   TRANSPORTATION                                       43,145,000 
  2.6   For the purpose of Laws 1995, chapter 
  2.7   254, article 1, section 93, paragraph 
  2.8   (a), "contracts for highway 
  2.9   construction or maintenance" includes 
  2.10  contracts for design engineering and 
  2.11  construction engineering. 
  2.12  (a) State Road Construction 
  2.13                     35,685,000
  2.14  This appropriation for fiscal year 1997 
  2.15  is from the trunk highway fund for 
  2.16  state road construction and is added to 
  2.17  the appropriations in Laws 1995, 
  2.18  chapter 265, article 2, section 2, 
  2.19  subdivision 7, clause (a). 
  2.20  (b) Design Engineering and Construction 
  2.21  Engineering 
  2.22                     6,160,000
  2.23  This appropriation for fiscal year 1997 
  2.24  is from the trunk highway fund for 
  2.25  design engineering and construction 
  2.26  engineering and is added to the 
  2.27  appropriations in Laws 1995, chapter 
  2.28  265, article 2, section 2, subdivision 
  2.29  7, clauses (d) and (e), as needed. 
  2.30  (c) Greater Minnesota Transit 
  2.31  Assistance 
  2.32                      1,000,000
  2.33  This appropriation for fiscal year 1997 
  2.34  is for greater Minnesota transit 
  2.35  assistance and is added to the 
  2.36  appropriation in Laws 1995, chapter 
  2.37  265, article 2, section 2, subdivision 
  2.38  3, clause (a).  Any unencumbered 
  2.39  balance in that clause for fiscal year 
  2.40  1996 does not cancel but is available 
  2.41  for the second year. 
  2.42  (d) Stone Arch Bridge 
  2.43                        100,000
  2.44  This appropriation is for the repair of 
  2.45  the Stone Arch Bridge. 
  2.46  (e) Shingobee Township 
  2.47                        100,000
  2.48  This appropriation is for a grant to 
  2.49  the town of Shingobee in Cass county.  
  2.50  The town board must use this grant to 
  2.51  improve a road within the town known as 
  2.52  the Ah-Gwah-Ching cutoff road.  The 
  2.53  commissioner shall make this grant only 
  2.54  after determining that the town board 
  3.1   has made a commitment to establish the 
  3.2   road as a town road upon completion of 
  3.3   the improvement project. 
  3.4   (f) Driver Education Programs 
  3.5                         100,000
  3.6   This appropriation is from the trunk 
  3.7   highway fund for a grant to the 
  3.8   Minnesota highway safety center at St. 
  3.9   Cloud State University for driver 
  3.10  education programs. 
  3.11  Sec. 3.  METROPOLITAN COUNCIL                         5,267,000 
  3.12  This appropriation for fiscal year 1997 
  3.13  is for metropolitan transit operations 
  3.14  and is added to the appropriation in 
  3.15  Laws 1995, chapter 265, article 2, 
  3.16  section 3. 
  3.17  Notwithstanding the limit on spending 
  3.18  for metro mobility in Laws 1995, 
  3.19  chapter 265, article 2, section 3, the 
  3.20  metropolitan council may spend up to 
  3.21  $1,600,000 of this appropriation for 
  3.22  metro mobility.  
  3.23  Sec. 4.  PUBLIC SAFETY                                1,337,000 
  3.24  (a) State Patrol 
  3.25                        150,000
  3.26  This appropriation for fiscal year 1997 
  3.27  is added to the appropriations in Laws 
  3.28  1995, chapter 265, article 2, section 
  3.29  5, subdivision 3, and is for four 
  3.30  additional positions for state patrol 
  3.31  communications officers.  This 
  3.32  appropriation is from the trunk highway 
  3.33  fund. 
  3.34  (b) Driver and Vehicle Services 
  3.35                        303,000
  3.36  $14,000 from the highway user tax 
  3.37  distribution fund and $65,000 from the 
  3.38  trunk highway fund are for costs 
  3.39  related to the implementation of 
  3.40  Minnesota Statutes, section 168.042. 
  3.41  $113,000 is from the highway user tax 
  3.42  distribution fund and is added to the 
  3.43  appropriations in Laws 1995, chapter 
  3.44  265, article 2, section 5, subdivision 
  3.45  4.  This appropriation is for costs 
  3.46  related to driver's license and motor 
  3.47  vehicle registration records and is 
  3.48  available only to the extent required 
  3.49  to comply with a law effective during 
  3.50  fiscal year 1997 that substantially 
  3.51  changes the data privacy status of 
  3.52  these records. 
  3.53  $111,000 is from the general fund to 
  3.54  implement Minnesota Statutes, section 
  3.55  171.07, subdivision 11. 
  4.1   (c) Administration and Related Services 
  4.2                         884,000
  4.3   This appropriation for fiscal year 1997 
  4.4   is added to the appropriations in Laws 
  4.5   1995, chapter 265, article 2, section 
  4.6   5, subdivision 2. 
  4.7   This appropriation is for agency 
  4.8   critical operations systems.  Of this 
  4.9   appropriation, $765,000 is from the 
  4.10  trunk highway fund. 
  4.11     Sec. 5.  Minnesota Statutes 1995 Supplement, section 13.69, 
  4.12  subdivision 1, is amended to read: 
  4.13     Subdivision 1.  [CLASSIFICATIONS.] (a) The following 
  4.14  government data of the department of public safety are private 
  4.15  data:  
  4.16     (1) medical data on driving instructors, licensed drivers, 
  4.17  and applicants for parking certificates and special license 
  4.18  plates issued to physically handicapped persons; 
  4.19     (2) other data on holders of a disability certificate under 
  4.20  section 169.345, except that data that are not medical data may 
  4.21  be released to law enforcement agencies; and 
  4.22     (3) social security numbers in driver's license and motor 
  4.23  vehicle registration records, except that social security 
  4.24  numbers must be provided to the department of revenue for 
  4.25  purposes of tax administration and the department of labor and 
  4.26  industry for purposes of workers' compensation administration 
  4.27  and enforcement.; and 
  4.28     (4) data on persons listed as designated parents under 
  4.29  section 171.07, subdivision 11, except that the data must be 
  4.30  released to: 
  4.31     (i) law enforcement agencies for the purpose of verifying 
  4.32  that an individual is a designated parent; or 
  4.33     (ii) law enforcement agencies who state that the license 
  4.34  holder is unable to communicate at that time and that the 
  4.35  information is necessary for notifying the designated parent of 
  4.36  the need to care for a child of the license holder.  
  4.37     (b) The following government data of the department of 
  4.38  public safety are confidential data:  data concerning an 
  4.39  individual's driving ability when that data is received from a 
  5.1   member of the individual's family. 
  5.2      Sec. 6.  Minnesota Statutes 1994, section 160.85, is 
  5.3   amended by adding a subdivision to read: 
  5.4      Subd. 3a.  [INFORMATION MEETING.] Before approving or 
  5.5   denying a development agreement, the commissioner shall hold a 
  5.6   public information meeting in any municipality or county in 
  5.7   which any portion of the proposed toll facility runs.  The 
  5.8   commissioner shall determine the time and place of the 
  5.9   information meeting. 
  5.10     Sec. 7.  Minnesota Statutes 1994, section 168.013, 
  5.11  subdivision 3, is amended to read: 
  5.12     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  5.13  WEIGHTS FORBIDDEN.] The applicant for all licenses based on 
  5.14  gross weight shall state in writing upon oath, the unloaded 
  5.15  weight of the motor vehicle, trailer or semitrailer and the 
  5.16  maximum load the applicant proposes to carry thereon, the sum of 
  5.17  which shall constitute the gross weight upon which the license 
  5.18  tax shall be paid, but in no case shall the declared gross 
  5.19  weight upon which the tax is paid be less than 1-1/4 times the 
  5.20  declared unloaded weight of the motor vehicle, trailer or 
  5.21  semitrailer to be registered, except recreational vehicles taxed 
  5.22  under subdivision 1g, school buses taxed under subdivision 18 
  5.23  and tow trucks or towing vehicles defined in section 169.01, 
  5.24  subdivision 52.  The gross weight of a tow truck or towing 
  5.25  vehicle is the actual weight of the tow truck or towing vehicle 
  5.26  fully equipped, but does not include the weight of a wrecked or 
  5.27  disabled vehicle towed or drawn by the tow truck or towing 
  5.28  vehicle. 
  5.29     The gross weight of no motor vehicle, trailer or 
  5.30  semitrailer shall exceed the gross weight upon which the license 
  5.31  tax has been paid by more than four percent or 1,000 pounds, 
  5.32  whichever is greater. 
  5.33     The gross weight of the motor vehicle, trailer or 
  5.34  semitrailer for which the license tax is paid shall be indicated 
  5.35  by a distinctive character on the license plate or plates except 
  5.36  as provided in subdivision 12 and the plate or plates shall be 
  6.1   kept clean and clearly visible at all times. 
  6.2      The owner, driver, or user of a motor vehicle, trailer or 
  6.3   semitrailer upon conviction for transporting a gross weight in 
  6.4   excess of the gross weight for which it was registered or for 
  6.5   operating a vehicle with an axle weight exceeding the maximum 
  6.6   lawful axle load weight shall be guilty of a misdemeanor and be 
  6.7   subject to increased registration or reregistration according to 
  6.8   the following schedule: 
  6.9      (1) The owner, driver or user of a motor vehicle, trailer 
  6.10  or semitrailer upon conviction for transporting a gross weight 
  6.11  in excess of the gross weight for which it is registered by more 
  6.12  than four percent or 1,000 pounds, whichever is greater, but 
  6.13  less than 25 percent or for operating or using a motor vehicle, 
  6.14  trailer or semitrailer with an axle weight exceeding the maximum 
  6.15  lawful axle load as provided in section 169.825 by more than 
  6.16  four percent or 1,000 pounds, whichever is greater, but less 
  6.17  than 25 percent, in addition to any penalty imposed for the 
  6.18  misdemeanor shall apply to the registrar to increase the 
  6.19  authorized gross weight to be carried on the vehicle to a weight 
  6.20  equal to or greater than the gross weight the owner, driver, or 
  6.21  user was convicted of carrying, the increase computed for the 
  6.22  balance of the calendar year on the basis of 1/12 of the annual 
  6.23  tax for each month remaining in the calendar year beginning with 
  6.24  the first day of the month in which the violation occurred.  If 
  6.25  the additional registration tax computed upon that weight, plus 
  6.26  the tax already paid, amounts to more than the regular tax for 
  6.27  the maximum gross weight permitted for the vehicle under section 
  6.28  169.825, that additional amount shall nevertheless be paid into 
  6.29  the highway fund, but the additional tax thus paid shall not 
  6.30  permit the vehicle to be operated with a gross weight in excess 
  6.31  of the maximum legal weight as provided by section 169.825.  
  6.32  Unless the owner within 30 days after a conviction shall apply 
  6.33  to increase the authorized weight and pay the additional tax as 
  6.34  provided in this section, the registrar shall revoke the 
  6.35  registration on the vehicle and demand the return of the 
  6.36  registration card and plates issued on that registration. 
  7.1      (2) The owner or driver or user of a motor vehicle, trailer 
  7.2   or semitrailer upon conviction for transporting a gross weight 
  7.3   in excess of the gross weight for which the motor vehicle, 
  7.4   trailer or semitrailer was registered by 25 percent or more, or 
  7.5   for operating or using a vehicle or trailer with an axle weight 
  7.6   exceeding the maximum lawful axle load as provided in section 
  7.7   169.825 by 25 percent or more, in addition to any penalty 
  7.8   imposed for the misdemeanor, shall have the reciprocity 
  7.9   privileges on the vehicle involved if the vehicle is being 
  7.10  operated under reciprocity canceled by the registrar, or if the 
  7.11  vehicle is not being operated under reciprocity, the certificate 
  7.12  of registration on the vehicle operated shall be canceled by the 
  7.13  registrar and the registrar shall demand the return of the 
  7.14  registration certificate and registration plates.  The registrar 
  7.15  may not cancel the registration or reciprocity privileges for 
  7.16  any vehicle found in violation of seasonal load restrictions 
  7.17  imposed under section 169.87 unless the axle weight exceeds the 
  7.18  year-round weight limit for the highway on which the violation 
  7.19  occurred.  The registrar may investigate any allegation of gross 
  7.20  weight violations and demand that the operator show cause why 
  7.21  all future operating privileges in the state should not be 
  7.22  revoked unless the additional tax assessed is paid. 
  7.23     (3) Clause (1) does not apply to the first haul of 
  7.24  unprocessed or raw farm products or unfinished forest products, 
  7.25  when the registered gross weight is not exceeded by more than 
  7.26  ten percent.  For purposes of this clause "first haul" means (1) 
  7.27  the first, continuous transportation of unprocessed or raw farm 
  7.28  products from the place of production or on-farm storage site to 
  7.29  any other location within 50 miles of the place of production or 
  7.30  on-farm storage site, or (2) the first, continuous 
  7.31  transportation of unfinished forest products from the place of 
  7.32  production to the place of first unloading. 
  7.33     (4) When the registration on a motor vehicle, trailer or 
  7.34  semitrailer is revoked by the registrar according to provisions 
  7.35  of this section, the vehicle shall not be operated on the 
  7.36  highways of the state until it is registered or reregistered, as 
  8.1   the case may be, and new plates issued, and the registration fee 
  8.2   shall be the annual tax for the total gross weight of the 
  8.3   vehicle at the time of violation.  The reregistration pursuant 
  8.4   to this subdivision of any vehicle operating under reciprocity 
  8.5   agreements pursuant to section 168.181 or 168.187 shall be at 
  8.6   the full annual registration fee without regard to the 
  8.7   percentage of vehicle miles traveled in this state.  
  8.8      Sec. 8.  Minnesota Statutes 1994, section 168.042, 
  8.9   subdivision 8, is amended to read: 
  8.10     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
  8.11  commissioner shall rescind the impoundment order of a person 
  8.12  subject to an order under this section, other than the violator, 
  8.13  if a: 
  8.14     (1) the violator had a valid driver's license on the date 
  8.15  of the violation and the person subject to an impoundment order 
  8.16  under this section, other than the violator, files with the 
  8.17  commissioner an acceptable sworn statement containing the 
  8.18  following information: 
  8.19     (1) (i) that the person is the registered owner of the 
  8.20  vehicle from which the plates have been impounded under this 
  8.21  section; 
  8.22     (2) (ii) that the person is the current owner and possessor 
  8.23  of the vehicle used in the violation; 
  8.24     (3) (iii) the date on which the violator obtained the 
  8.25  vehicle from the registered owner; 
  8.26     (4) (iv) the residence addresses of the registered owner 
  8.27  and the violator on the date the violator obtained the vehicle 
  8.28  from the registered owner; 
  8.29     (5) (v) that the person was not a passenger in the vehicle 
  8.30  at the time of the violation; and 
  8.31     (6) (vi) that the person knows that the violator may not 
  8.32  drive, operate, or be in physical control of a vehicle without a 
  8.33  valid driver's license; or 
  8.34     (2) the violator did not have a valid driver's license on 
  8.35  the date of the violation and the person made a report to law 
  8.36  enforcement before the violation stating that the vehicle had 
  9.1   been taken from the person's possession or was being used 
  9.2   without permission.  
  9.3      (b) The commissioner may not rescind the impoundment order 
  9.4   nor reissue registration plates to a registered owner if the 
  9.5   owner knew or had reason to know that the violator did not have 
  9.6   a valid driver's license on the date the violator obtained the 
  9.7   vehicle from the owner. A person who has failed to make a report 
  9.8   as provided in paragraph (a), clause (2), may be issued special 
  9.9   registration plates under subdivision 12 for a period of one 
  9.10  year from the effective date of the impoundment order.  At the 
  9.11  next registration renewal following this period, the person may 
  9.12  apply for regular registration plates. 
  9.13     (c) If the order is rescinded, the owner shall receive new 
  9.14  registration plates at no cost, if the plates were seized and 
  9.15  destroyed. 
  9.16     Sec. 9.  Minnesota Statutes 1994, section 168.042, is 
  9.17  amended by adding a subdivision to read: 
  9.18     Subd. 13a.  [ACQUIRING ANOTHER VEHICLE.] If during the 
  9.19  effective period of the plate impoundment the violator applies 
  9.20  to the commissioner for registration plates for any vehicle, the 
  9.21  commissioner shall not issue registration plates unless the 
  9.22  violator qualifies for special registration plates under 
  9.23  subdivision 12 and unless the plates issued are special plates 
  9.24  as described in subdivision 12. 
  9.25     Sec. 10.  Minnesota Statutes 1994, section 168.12, 
  9.26  subdivision 2, is amended to read: 
  9.27     Subd. 2.  [AMATEUR RADIO STATION LICENSEE; SPECIAL LICENSE 
  9.28  PLATES.] Any applicant who is an owner or joint owner of a 
  9.29  passenger automobile, van or pickup truck, or a self-propelled 
  9.30  recreational vehicle, and a resident of this state, and who 
  9.31  holds an official amateur radio station license, or a citizens 
  9.32  radio service class D license, in good standing, issued by the 
  9.33  Federal Communications Commission shall upon compliance with all 
  9.34  laws of this state relating to registration and the licensing of 
  9.35  motor vehicles and drivers, be furnished with license plates for 
  9.36  the motor vehicle, as prescribed by law, upon which, in lieu of 
 10.1   the numbers required for identification under subdivision 1, 
 10.2   shall be inscribed the official amateur call letters of the 
 10.3   applicant, as assigned by the Federal Communications 
 10.4   Commission., and the words "AMATEUR RADIO."  The applicant shall 
 10.5   pay in addition to the registration tax required by law, the sum 
 10.6   of $10 for the special license plates, and at the time of 
 10.7   delivery of the special license plates the applicant shall 
 10.8   surrender to the registrar the current license plates issued for 
 10.9   the motor vehicle.  This provision for the issue of special 
 10.10  license plates shall apply only if the applicant's vehicle is 
 10.11  already registered in Minnesota so that the applicant has valid 
 10.12  regular Minnesota plates issued for that vehicle under which to 
 10.13  operate it during the time that it will take to have the 
 10.14  necessary special license plates made.  If owning or jointly 
 10.15  owning more than one motor vehicle of the type specified in this 
 10.16  subdivision, the applicant may apply for special plates for each 
 10.17  of not more than two vehicles, and, if each application complies 
 10.18  with this subdivision, the registrar shall furnish the applicant 
 10.19  with the special plates, inscribed with the official amateur 
 10.20  call letters and other distinguishing information as the 
 10.21  registrar considers necessary, for each of the two vehicles.  
 10.22  And the registrar may make reasonable rules governing the use of 
 10.23  the special license plates as will assure the full compliance by 
 10.24  the owner and holder of the special plates, with all existing 
 10.25  laws governing the registration of motor vehicles, the transfer 
 10.26  and the use thereof. 
 10.27     Despite any contrary provision of subdivision 1, the 
 10.28  special license plates issued under this subdivision may be 
 10.29  transferred to another motor vehicle upon the payment of a fee 
 10.30  of $5.  The registrar must be notified of the transfer and may 
 10.31  prescribe a form for the notification.  
 10.32     Fees collected under this subdivision must be paid into the 
 10.33  state treasury and credited to the highway user tax distribution 
 10.34  fund. 
 10.35     Sec. 11.  Minnesota Statutes 1994, section 168.123, 
 10.36  subdivision 1, is amended to read: 
 11.1      Subdivision 1.  [GENERAL REQUIREMENTS; FEES.] (a) On 
 11.2   payment of a fee of $10 for each set of two plates, or for a 
 11.3   single plate in the case of a motorcycle plate, payment of the 
 11.4   registration tax required by law, and compliance with other laws 
 11.5   relating to the registration and licensing of a passenger 
 11.6   automobile, pickup truck, van, self-propelled recreational 
 11.7   equipment, or motorcycle, as applicable, the registrar shall 
 11.8   issue:  
 11.9      (1) special license plates to an applicant who served in 
 11.10  the active military service in a branch of the armed forces of 
 11.11  the United States or of a nation or society allied with the 
 11.12  United States in conducting a foreign war, was discharged under 
 11.13  honorable conditions, and is an owner or joint owner of a motor 
 11.14  vehicle included within the definition of a passenger automobile 
 11.15  or which is, pickup truck, van, or self-propelled recreational 
 11.16  equipment, on payment of a fee of $10 for each set of two 
 11.17  plates, payment of the registration tax required by law, and 
 11.18  compliance with other laws relating to registration and 
 11.19  licensing of motor vehicles and drivers; or 
 11.20     (2) a special motorcycle license plate as described in 
 11.21  subdivision 2, paragraph (a), or another special license plate 
 11.22  designed by the commissioner of public safety, to an applicant 
 11.23  who is a Vietnam veteran who served after July 1, 1961, and 
 11.24  before July 1, 1978, and who served in the active military 
 11.25  service in a branch of the armed forces of the United States in 
 11.26  conducting a foreign war, was discharged under honorable 
 11.27  conditions, and is an owner or joint owner of a motorcycle.  
 11.28  Plates issued under this clause must be the same size as 
 11.29  standard motorcycle license plates.  
 11.30     (b) The additional fee of $10 is payable for each set of 
 11.31  plates, is payable only when the plates are issued, and is not 
 11.32  payable in a year in which tabs or stickers are issued instead 
 11.33  of number plates.  An applicant must not be issued more than two 
 11.34  sets of plates for vehicles listed in paragraph (a) and owned or 
 11.35  jointly owned by the applicant. 
 11.36     (c) The veteran shall have a certified copy of the 
 12.1   veteran's discharge papers, indicating character of discharge, 
 12.2   at the time of application.  If an applicant served in the 
 12.3   active military service in a branch of the armed forces of a 
 12.4   nation or society allied with the United States in conducting a 
 12.5   foreign war and is unable to obtain a record of that service and 
 12.6   discharge status, the commissioner of veterans affairs may 
 12.7   certify the applicant as qualified for the veterans' license 
 12.8   plates provided under this section. 
 12.9      Sec. 12.  Minnesota Statutes 1994, section 168.123, 
 12.10  subdivision 4, is amended to read: 
 12.11     Subd. 4.  [PLATE TRANSFERS.] (a) On payment of a fee of $5, 
 12.12  plates issued under this section subdivision 1, paragraph (a), 
 12.13  clause (1), may be transferred to another motor 
 12.14  vehicle passenger automobile, pickup truck, van, or 
 12.15  self-propelled recreational equipment owned or jointly owned by 
 12.16  the person to whom the plates were issued.  
 12.17     (b) On payment of a fee of $5, a plate issued under 
 12.18  subdivision 1, paragraph (a), clause (2), may be transferred to 
 12.19  another motorcycle owned or jointly owned by the person to whom 
 12.20  the plate was issued. 
 12.21     Sec. 13.  [168.1291] [SPECIAL LICENSE PLATES; DESIGN.] 
 12.22     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 12.23  "special license plates" means license plates issued under 
 12.24  sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129. 
 12.25     Subd. 2.  [DESIGN OF SPECIAL LICENSE PLATES.] The 
 12.26  commissioner shall design a single special license plate that 
 12.27  will contain a unique number and a space for a unique symbol.  
 12.28  The commissioner shall design a unique symbol related to the 
 12.29  purpose of each special license plate.  Any provision of section 
 12.30  168.12, subdivision 2b, 2c, 2d, or 2e, or 168.129 that requires 
 12.31  the placement of a specified letter or letters on a special 
 12.32  license plate applies to those license plates only to the extent 
 12.33  that the commissioner includes the letter or letters in the 
 12.34  design.  Where a law authorizing a special license plate 
 12.35  contains a specific requirement for graphic design of that 
 12.36  license plate, that requirement applies to the appropriate 
 13.1   unique symbol the commissioner designs. 
 13.2      Subd. 3.  [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 
 13.3   SYMBOLS.] Notwithstanding sections 168.12, subdivisions 2b to 
 13.4   2e, and 168.129, beginning with special license plates issued in 
 13.5   calendar year 1997, the commissioner shall issue each class of 
 13.6   special license plates permanently marked with specific designs 
 13.7   under those laws only until the commissioner's supply of those 
 13.8   license plates is exhausted.  Thereafter, the commissioner shall 
 13.9   issue under sections 168.12, subdivisions 2b to 2e, and 168.129 
 13.10  only the license plate authorized under subdivision 2, with the 
 13.11  appropriate unique symbol attached. 
 13.12     Subd. 4.  [FEES.] Notwithstanding sections 168.12, 
 13.13  subdivisions 2b to 2e, and 168.129, the commissioner shall 
 13.14  adjust any license plate fee prescribed in those laws to reflect 
 13.15  the cost of designing and manufacturing unique symbols under 
 13.16  this section. 
 13.17     Sec. 14.  [168.1292] [SPECIAL OLYMPIC LICENSE PLATES.] 
 13.18     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] The 
 13.19  registrar shall issue special Olympic license plates to an 
 13.20  applicant who: 
 13.21     (1) is an owner or joint owner of a passenger automobile, 
 13.22  pickup truck, or van; 
 13.23     (2) pays a fee determined by the registrar to cover the 
 13.24  costs of handling and manufacturing the plates; 
 13.25     (3) pays the registration tax required under section 
 13.26  168.013; 
 13.27     (4) pays the fees required under this chapter; 
 13.28     (5) contributes $15 annually to the Minnesota amateur 
 13.29  sports commission account established in subdivision 6; and 
 13.30     (6) complies with laws and rules governing registration and 
 13.31  licensing of vehicles and drivers. 
 13.32     Subd. 2.  [DESIGN.] After consultation with the United 
 13.33  States Olympic Committee, the registrar shall design the special 
 13.34  Olympic plates. 
 13.35     In consultation with the registrar, the Minnesota amateur 
 13.36  sports commission annually shall indicate the number of plates 
 14.1   the commission anticipates will be needed. 
 14.2      Subd. 3.  [NO REFUND.] Contributions under this section 
 14.3   must not be refunded. 
 14.4      Subd. 4.  [PLATE TRANSFERS.] Notwithstanding section 
 14.5   168.12, subdivision 1, on payment of a transfer fee of $5, 
 14.6   plates issued under this section may be transferred to another 
 14.7   passenger vehicle, pickup truck, or van owned or jointly owned 
 14.8   by the person to whom the special plates were issued. 
 14.9      Subd. 5.  [FEES CREDITED.] The fees collected under this 
 14.10  section must be deposited in the state treasury and credited to 
 14.11  the highway user tax distribution fund.  
 14.12     Subd. 6.  [MINNESOTA AMATEUR SPORTS COMMISSION ACCOUNT.] A 
 14.13  Minnesota amateur sports commission account is created in the 
 14.14  state treasury.  Money in the account is appropriated to the 
 14.15  Minnesota amateur sports commission to support maximum sport and 
 14.16  physical fitness opportunities for all residents of this state 
 14.17  regardless of gender, age, race, ability, geography, or economic 
 14.18  status, and to provide meaningful sport and fitness 
 14.19  opportunities for residents of this state who are economically 
 14.20  disadvantaged, senior citizens, persons with disabilities, or 
 14.21  residents of Greater Minnesota. 
 14.22     Subd. 7.  [RECORD.] The registrar shall maintain a record 
 14.23  of the number of license plates issued for the United States 
 14.24  Olympic Committee. 
 14.25     Subd. 8.  [CONTRIBUTIONS.] The registrar shall issue a set 
 14.26  of Olympic license plates under this section only to a person 
 14.27  who presents at the time of applying for registration a receipt 
 14.28  from the Minnesota amateur sports commission that demonstrates 
 14.29  that the applicant has contributed at least $15 to the Minnesota 
 14.30  amateur sports commission account within 90 days prior to the 
 14.31  date of the application.  After the issuance of that set of 
 14.32  Olympic license plates, the collection of subsequent 
 14.33  contributions during the life of that set of license plates is 
 14.34  the responsibility of the commission. 
 14.35     Sec. 15.  Minnesota Statutes 1994, section 168.15, is 
 14.36  amended to read: 
 15.1      168.15 [RIGHTS AS TO REGISTRATION CERTIFICATES AND NUMBER 
 15.2   PLATES.] 
 15.3      Subdivision 1.  [TRANSFER OF OWNERSHIP.] Except as provided 
 15.4   in subdivision 3, upon the transfer of ownership, destruction, 
 15.5   theft, dismantling as such, or the permanent removal by the 
 15.6   owner thereof from this state of any motor vehicle registered in 
 15.7   accordance with the provisions of this chapter, the right of the 
 15.8   owner of such vehicle to use the registration certificate and 
 15.9   number plates assigned such vehicle shall expire, and such 
 15.10  certificate and any existing plates shall be, by such owner, 
 15.11  forthwith returned, with transportation prepaid, to the 
 15.12  registrar with a signed notice of the date and manner of 
 15.13  termination of ownership, giving the name and post office 
 15.14  address, with street and number, if in a city, of the person to 
 15.15  whom transferred.  No fee may be charged for a return of plates 
 15.16  under this section.  When the ownership of a motor vehicle shall 
 15.17  be transferred to another who shall forthwith register the same 
 15.18  in the other's name, the registrar may permit the manual 
 15.19  delivery of such plates to the new owner of such vehicle.  When 
 15.20  seeking to become the owner by gift, trade, or purchase of any 
 15.21  vehicle for which a registration certificate has been 
 15.22  theretofore issued under the provisions of this chapter, a 
 15.23  person shall join with the registered owner in transmitting with 
 15.24  the application the registration certificate, with the 
 15.25  assignment and notice of sale duly executed upon the reverse 
 15.26  side thereof, or, in case of loss of such certificate, with such 
 15.27  proof of loss by sworn statement, in writing, as shall be 
 15.28  satisfactory to the registrar.  Upon the transfer of any motor 
 15.29  vehicle by a manufacturer or dealer, for use within the state, 
 15.30  whether by sale, lease, or otherwise, such manufacturer or 
 15.31  dealer shall, within seven days after such transfer, file with 
 15.32  the registrar a notice or report containing the date of such 
 15.33  transfer, a description of such motor vehicles, and the name, 
 15.34  street and number of residence, if in a city, and the post 
 15.35  office address of the transferee, and shall transmit therewith 
 15.36  the transferee's application for registration thereof. 
 16.1      Subd. 2.  [TRANSFER OF ENGINE.] Upon the transfer of any 
 16.2   automobile engine or motor, except a new engine or motor, 
 16.3   transferred with intent that the same be installed in a new 
 16.4   automobile, and whether such transfer be made by a manufacturer 
 16.5   or dealer, or otherwise, and whether by sale, lease or 
 16.6   otherwise, the transferor shall, within two days after such 
 16.7   transfer, file with the registrar a notice or report containing 
 16.8   the date of such transfer and a description, together with the 
 16.9   maker's number of the engine or motor, and the name and post 
 16.10  office address of the purchaser, lessee, or other transferee.  
 16.11     Subd. 3.  [VEHICLES OF LESSORS; TRANSFERS.] Notwithstanding 
 16.12  subdivision 1, a motor vehicle lessor licensed under section 
 16.13  168.27, subdivision 2, 3, or 4, may transfer license plates 
 16.14  issued to one rental motor vehicle owned by the lessor to 
 16.15  another rental motor vehicle, owned by the lessor and not 
 16.16  previously registered in Minnesota or another jurisdiction, if 
 16.17  within ten days of the transfer the lessor registers the vehicle 
 16.18  to which the license plates were transferred.  Upon 
 16.19  registration, the lessor must pay all taxes and fees due on the 
 16.20  registration of the vehicle to which the license plates were 
 16.21  transferred, plus a transfer fee of $12.50.  The fee must be 
 16.22  deposited in the highway user tax distribution fund.  For 
 16.23  purposes of this subdivision, "rental motor vehicle" means a 
 16.24  vehicle used for rentals or leases of 30 days or less. 
 16.25     Sec. 16.  Minnesota Statutes 1995 Supplement, section 
 16.26  168.16, is amended to read: 
 16.27     168.16 [REFUNDS; APPROPRIATION.] 
 16.28     After the tax upon any motor vehicle shall have been paid 
 16.29  for any year, refund shall be made for errors made in computing 
 16.30  the tax or fees and for the error on the part of an owner who 
 16.31  may in error have registered a motor vehicle that was not 
 16.32  before, nor at the time of registration, nor at any time 
 16.33  thereafter during the current past year, subject to tax in this 
 16.34  state as provided by section 168.012.  Unless otherwise provided 
 16.35  in this chapter, a claim for a refund of an overpayment of 
 16.36  registration tax must be filed within 3-1/2 years from the date 
 17.1   of payment.  The refundment shall be made from any fund in 
 17.2   possession of the registrar and shall be deducted from the 
 17.3   registrar's monthly report to the commissioner of finance.  A 
 17.4   detailed report of the refundment shall accompany the report.  
 17.5   The former owner of a transferred vehicle by an assignment in 
 17.6   writing endorsed upon the registration certificate and delivered 
 17.7   to the registrar within the time provided herein may sell and 
 17.8   assign to the new owner thereof the right to have the tax paid 
 17.9   by the former owner accredited to the owner who duly registers 
 17.10  the vehicle.  Any owner at the time of such occurrence, whose 
 17.11  vehicle shall be is permanently destroyed, or sold to the 
 17.12  federal government, the state, or political subdivision thereof, 
 17.13  and any owner who sells a rental motor vehicle and transfers the 
 17.14  license plates issued to that motor vehicle under section 
 17.15  168.15, subdivision 3, shall upon filing a verified claim be 
 17.16  entitled to a refund of the unused portion of the tax paid upon 
 17.17  the vehicle, computed as follows: 
 17.18     (1) if the vehicle is registered under the calendar year 
 17.19  system of registration, the refund is computed pro rata by the 
 17.20  month, 1/12 of the annual tax paid for each month of the year 
 17.21  remaining after the month in which the plates and certificate 
 17.22  were returned to the registrar; 
 17.23     (2) in the case of a vehicle registered under the monthly 
 17.24  series system of registration, the amount of the refund is equal 
 17.25  to the sum of the amounts of the license fee attributable to 
 17.26  those months remaining in the licensing period after the month 
 17.27  in which the plates and certificate were returned to the 
 17.28  registrar. 
 17.29     There is hereby appropriated to the persons entitled to a 
 17.30  refund, from the fund or account in the state treasury to which 
 17.31  the money was credited, an amount sufficient to make the refund 
 17.32  and payment.  Refunds under this section to licensed motor 
 17.33  vehicle lessors must be made annually in a manner the registrar 
 17.34  determines. 
 17.35     Sec. 17.  Minnesota Statutes 1994, section 168.33, is 
 17.36  amended by adding a subdivision to read: 
 18.1      Subd. 8.  [TEMPORARY DISABILITY PERMIT AND FEE.] The 
 18.2   registrar shall allow deputy registrars to implement and follow 
 18.3   procedures for processing applications and accepting and 
 18.4   remitting fee payments for 30-day temporary disability permits 
 18.5   issued under section 169.345, subdivision 3, paragraph (c), that 
 18.6   are identical or substantially similar to the procedures 
 18.7   required by rule for motor vehicle registration and titling 
 18.8   transactions. 
 18.9      Sec. 18.  Minnesota Statutes 1994, section 169.121, 
 18.10  subdivision 3, is amended to read: 
 18.11     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 18.12  subdivision:  
 18.13     (1) "prior impaired driving conviction" means a prior 
 18.14  conviction under this section; section 84.91, subdivision 1, 
 18.15  paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
 18.16  360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
 18.17  subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
 18.18  clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
 18.19  609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
 18.20  this state, or a statute or ordinance from another state in 
 18.21  conformity with any of them.  A prior impaired driving 
 18.22  conviction also includes a prior juvenile adjudication that 
 18.23  would have been a prior impaired driving conviction if committed 
 18.24  by an adult; and 
 18.25     (2) "prior license revocation" means a driver's license 
 18.26  suspension, revocation, or cancellation under this section; 
 18.27  section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
 18.28  because of an alcohol-related incident; 609.21, subdivision 1, 
 18.29  clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
 18.30  609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
 18.31  3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
 18.32  (4); or an ordinance from this state, or a statute or ordinance 
 18.33  from another state in conformity with any of them. 
 18.34     (b) A person who violates subdivision 1 or 1a, or an 
 18.35  ordinance in conformity with either of them, is guilty of a 
 18.36  misdemeanor. 
 19.1      (c) A person is guilty of a gross misdemeanor under any of 
 19.2   the following circumstances: 
 19.3      (1) the person violates subdivision 1 within five years of 
 19.4   a prior impaired driving conviction, or within ten years of the 
 19.5   first of two or more prior impaired driving convictions; 
 19.6      (2) the person violates subdivision 1a within five years of 
 19.7   a prior license revocation, or within ten years of the first of 
 19.8   two or more prior license revocations; 
 19.9      (3) the person violates section 169.26 while in violation 
 19.10  of subdivision 1; or 
 19.11     (4) the person violates subdivision 1 or 1a while a child 
 19.12  under the age of 16 is in the vehicle, if the child is more than 
 19.13  36 months younger than the violator. 
 19.14     (d) The attorney in the jurisdiction in which the violation 
 19.15  occurred who is responsible for prosecution of misdemeanor 
 19.16  violations of this section shall also be responsible for 
 19.17  prosecution of gross misdemeanor violations of this section. 
 19.18     (e) The court must impose consecutive sentences when it 
 19.19  sentences a person for a violation of this section or section 
 19.20  169.29 arising out of separate behavioral incidents.  The court 
 19.21  also must impose a consecutive sentence when it sentences a 
 19.22  person for a violation of this section or section 169.129 and 
 19.23  the person, at the time of sentencing, is on probation for, or 
 19.24  serving, an executed sentence for a violation of this section or 
 19.25  section 169.29 and the prior sentence involved a separate 
 19.26  behavioral incident.  The court also may order that the sentence 
 19.27  imposed for a violation of this section or section 169.29 shall 
 19.28  run consecutively to a previously imposed misdemeanor, gross 
 19.29  misdemeanor or felony sentence for a violation other than this 
 19.30  section or section 169.129. 
 19.31     (f) When an attorney responsible for prosecuting gross 
 19.32  misdemeanors under this section requests criminal history 
 19.33  information relating to prior impaired driving convictions from 
 19.34  a court, the court must furnish the information without charge. 
 19.35     (g) A violation of subdivision 1a may be prosecuted either 
 19.36  in the jurisdiction where the arresting officer observed the 
 20.1   defendant driving, operating, or in control of the motor vehicle 
 20.2   or in the jurisdiction where the refusal occurred. 
 20.3      Sec. 19.  Minnesota Statutes 1994, section 169.82, 
 20.4   subdivision 3, is amended to read: 
 20.5      Subd. 3.  [HITCHES; CHAINS; CABLES.] (a) Every trailer or 
 20.6   semitrailer must be hitched to the towing motor vehicle by a 
 20.7   device approved by the commissioner of public safety. 
 20.8      (b) Every trailer and semitrailer must be equipped with 
 20.9   safety chains or cables permanently attached to the trailer 
 20.10  except in cases where the coupling device is a regulation fifth 
 20.11  wheel and kingpin assembly approved by the commissioner of 
 20.12  public safety.  In towing, the chains or cables must be carried 
 20.13  through a ring on the towbar and attached to the towing attached 
 20.14  to the vehicles near the points of bumper attachments to the 
 20.15  chassis of each vehicle, and must be of sufficient strength to 
 20.16  control the trailer in the event of failure of the towing 
 20.17  device.  The length of chain or cable must be no more than 
 20.18  necessary to permit free turning of the vehicles. 
 20.19     (c) This subdivision does not apply to towed implements of 
 20.20  husbandry. 
 20.21     No person may be charged with a violation of this section 
 20.22  solely by reason of violating a maximum speed prescribed in 
 20.23  section 169.145 or 169.67. 
 20.24     Sec. 20.  Minnesota Statutes 1994, section 169.871, is 
 20.25  amended by adding a subdivision to read: 
 20.26     Subd. 1b.  [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] 
 20.27  Notwithstanding subdivision 1, clauses (a) to (e), a civil 
 20.28  penalty under subdivision 1 for a violation in a motor vehicle 
 20.29  in the course of a first haul as defined in section 168.013, 
 20.30  subdivision 3, clause (3), of a weight limit imposed under 
 20.31  sections 169.825, 169.832 to 169.851, and 169.87 that is not 
 20.32  preceded by two or more violations of the gross weight limits in 
 20.33  those sections in that motor vehicle within the previous 12 
 20.34  months, may not exceed $150. 
 20.35     Sec. 21.  Minnesota Statutes 1994, section 169.98, 
 20.36  subdivision 1, is amended to read: 
 21.1      Subdivision 1.  [COLORS AND MARKINGS.] Except as provided 
 21.2   in subdivisions 2 and 2a, all motor vehicles which are primarily 
 21.3   used in the enforcement of highway traffic rules by the state 
 21.4   patrol or for general uniform patrol assignment by any municipal 
 21.5   police department or other law enforcement agency, except 
 21.6   conservation officers, shall have uniform colors and markings as 
 21.7   provided herein.  Motor vehicles of: 
 21.8      (a) Municipal police departments, including the University 
 21.9   of Minnesota police department and park police units, and 
 21.10  constables shall be predominantly blue, brown, green or white; 
 21.11     (b) The state patrol shall be predominantly maroon or 
 21.12  white; and 
 21.13     (c) The county sheriffs' office shall be predominantly 
 21.14  brown or white.  
 21.15     The identity of the governmental unit operating the vehicle 
 21.16  shall be displayed on both front door panels and on the rear of 
 21.17  the vehicle.  The identity may be in the form of a shield or 
 21.18  emblem, or may be the word "police," "sheriff," or the words 
 21.19  "state patrol" or "conservation officer," as appropriate, with 
 21.20  letters not less than 2-1/2 inches high, one-inch wide and of a 
 21.21  three-eighths inch brush stroke.  The identity shall be of a 
 21.22  color contrasting with the background color so that the motor 
 21.23  vehicle is easily identifiable as belonging to a specific type 
 21.24  of law enforcement agency.  Each vehicle shall be marked with 
 21.25  its own identifying number on the rear of the vehicle.  The 
 21.26  number shall be printed in the same size and color required 
 21.27  pursuant to this subdivision for identifying words which may be 
 21.28  displayed on the vehicle. 
 21.29     Sec. 22.  Minnesota Statutes 1994, section 171.07, is 
 21.30  amended by adding a subdivision to read: 
 21.31     Subd. 11.  [DESIGNATED PARENT.] (a) Upon the written 
 21.32  request of the applicant on a form developed by the department, 
 21.33  which contains the information specified in paragraph (b), and 
 21.34  upon payment of an additional fee of $3.50, the department shall 
 21.35  issue a driver's license or Minnesota identification card 
 21.36  bearing a symbol or other appropriate identifier indicating that 
 22.1   the license holder has appointed an individual to serve as a 
 22.2   designated parent under chapter 257A. 
 22.3      (b) The form shall provide as follows:  
 22.4      "...(Name of parent(s))... appoints ...(name of designated 
 22.5   parent)... to provide care for ...(name of child or children)... 
 22.6   when requested by the parent(s) or when the parent(s) is unable 
 22.7   to care for the child (children) and unable to request the 
 22.8   designated parent's assistance. 
 22.9      The designated parent will care for the child (children) 
 22.10  named in this form for (choose one of the following): 
 22.11     (indicate a specified period of time that is less than one 
 22.12  year); or 
 22.13     (indicate that care is to be provided for six months). 
 22.14     The designated parent has the powers and duties to make 
 22.15  decisions and meet the child's (children's) needs in the areas 
 22.16  checked or specified below: 
 22.17     education ..... 
 22.18     health care ..... 
 22.19     religion ..... 
 22.20     day care ..... 
 22.21     recreation ..... 
 22.22     other ..... 
 22.23   ........................................................... 
 22.24   ........................................................... 
 22.25   ........................................................... 
 22.26     The designated parent (choose one of the following): 
 22.27     is ... 
 22.28     is not ... 
 22.29     authorized to make decisions about financial issues and 
 22.30  control financial resources provided for the child (children) by 
 22.31  the parent. 
 22.32     This designated parent agreement is effective for four 
 22.33  years following the date it is signed by the parent(s), 
 22.34  designated parent, any child age 14 or older, and any alternate 
 22.35  designated parent.  However, the agreement may be canceled by a 
 22.36  parent, a designated parent, or an alternate designated parent 
 23.1   at any time before that date, upon notice to the other parties 
 23.2   to the agreement. 
 23.3      (Parent(s) signature(s) and Minnesota driver's license(s) 
 23.4   or Minnesota identification card number(s)) 
 23.5      (Designated parent signature, Minnesota driver's license or 
 23.6   Minnesota identification card number, address, and telephone 
 23.7   number) 
 23.8      (Alternate designated parent signature, Minnesota driver's 
 23.9   license or Minnesota identification card number, address, and 
 23.10  telephone number) 
 23.11     (Child age 14 or older signature .....) 
 23.12     (Date .....) 
 23.13     (Notarization .....)" 
 23.14     (c) The department shall maintain a computerized records 
 23.15  system of all persons listed as designated parents by driver's 
 23.16  license and identification card applicants.  This data shall be 
 23.17  released to appropriate law enforcement agencies under section 
 23.18  13.69.  Upon a parent's request and payment of a fee of 
 23.19  $......., the department shall revise its list of designated 
 23.20  parents and alternates to reflect a change in the appointment of 
 23.21  a designated parent. 
 23.22     (d) At the request of the license or card holder, the 
 23.23  department shall cancel the designated parent indication without 
 23.24  additional charge.  However, this paragraph does not prohibit a 
 23.25  fee that may be applicable for a duplicate or replacement 
 23.26  license or card, renewal of a license, or other service 
 23.27  applicable to a driver's license or identification card. 
 23.28     (e) Notwithstanding sections 13.08, subdivision 1, and 
 23.29  13.69, the department and department employees are conclusively 
 23.30  presumed to be acting in good faith when employees rely on 
 23.31  statements made, in person or by telephone, by persons 
 23.32  purporting to be law enforcement and subsequently release 
 23.33  information described in paragraph (b).  When acting in good 
 23.34  faith, the department and department personnel are immune from 
 23.35  civil liability and not subject to suit for damages resulting 
 23.36  from the release of this information. 
 24.1      (f) The department and its employees: 
 24.2      (1) have no duty to inquire or otherwise determine whether 
 24.3   a form submitted under this subdivision contains the signatures 
 24.4   of all parents who have legal custody of a child; and 
 24.5      (2) are immune from all civil liability and not subject to 
 24.6   suit for damages resulting from a claim that any parent with 
 24.7   legal custody of a child has not signed the form. 
 24.8      (g) Of the fees received by the department under this 
 24.9   subdivision: 
 24.10     (1) The first $111,000 received in fiscal year 1997 and the 
 24.11  first $61,000 received in subsequent fiscal years must be 
 24.12  deposited in the general fund. 
 24.13     (2) All other fees must be deposited in the trunk highway 
 24.14  fund. 
 24.15     Sec. 23.  Minnesota Statutes 1994, section 171.26, is 
 24.16  amended to read: 
 24.17     171.26 [MONEY CREDITED TO FUNDS.] 
 24.18     All money received under this chapter must be paid into the 
 24.19  state treasury and credited to the trunk highway fund, except as 
 24.20  provided in sections 171.06, subdivision 2a; 171.07, subdivision 
 24.21  11, paragraph (g); 171.12, subdivision 8; and 171.29, 
 24.22  subdivision 2, paragraph (b). 
 24.23     Sec. 24.  [257A.01] [DESIGNATED PARENT.] 
 24.24     A parent who has legal custody of a child may name an adult 
 24.25  to serve as a designated parent to care for the parent's minor 
 24.26  child for a period of time specified in a designated parent 
 24.27  agreement, but not to exceed six months. 
 24.28     Sec. 25.  [257A.02] [DESIGNATED PARENT; ALTERNATE.] 
 24.29     An individual acting as a designated parent is exempt in 
 24.30  that role from any statute or administrative rule requiring a 
 24.31  foster care license but must provide the notice required by 
 24.32  section 257A.10 if applicable.  A parent who has named a 
 24.33  guardian by will for the parent's children may name that 
 24.34  guardian or another individual as a designated parent for the 
 24.35  child.  A parent who has legal custody of more than one child 
 24.36  may appoint the same or a different designated parent for each 
 25.1   child. 
 25.2      A parent may appoint an alternate designated parent who 
 25.3   would serve if the designated parent is unwilling or unable to 
 25.4   serve.  All the provisions of this chapter dealing with a 
 25.5   designated parent apply to an alternate designated parent. 
 25.6      Sec. 26.  [257A.03] [POWERS AND DUTIES OF DESIGNATED 
 25.7   PARENT.] 
 25.8      Subdivision 1.  [GENERAL.] A designated parent has all the 
 25.9   powers regarding the care, custody, and financial interests of a 
 25.10  minor child specified in the designated parent agreement, except 
 25.11  as otherwise provided in this section.  A designated parent does 
 25.12  not have the power to consent to marriage or adoption of the 
 25.13  child. 
 25.14     Subd. 2.  [CHILD SUPPORT.] A preexisting child support 
 25.15  order is not suspended or terminated during the time a child is 
 25.16  cared for by a designated parent, unless otherwise provided by 
 25.17  court order.  A designated parent has a cause of action for 
 25.18  child support against an absent parent under section 256.87, 
 25.19  subdivision 5. 
 25.20     Sec. 27.  [257A.04] [CONSENTS AND NOTICE REQUIRED.] 
 25.21     To be valid, a designated parent agreement must have the 
 25.22  consent of: 
 25.23     (1) every parent whose parental rights to the child have 
 25.24  not been terminated; and 
 25.25     (2) the designated parent. 
 25.26     In addition, any child to whom the agreement applies and 
 25.27  who is 14 years of age or older shall sign the agreement, to 
 25.28  indicate that the child has been notified of the agreement. 
 25.29     Sec. 28.  [257A.05] [DURATION.] 
 25.30     Subdivision 1.  [IN GENERAL.] Unless canceled earlier under 
 25.31  section 257A.08 by a parent or the designated parent, a 
 25.32  designated parent agreement is effective for four years, after 
 25.33  which date a new agreement may be entered.  The new agreement 
 25.34  may name the same or a different designated parent.  A 
 25.35  designated parent agreement automatically terminates as to any 
 25.36  child when that child reaches age 18 or is lawfully married. 
 26.1      Subd. 2.  [DEATH OF A PARENT.] If a parent dies while a 
 26.2   designated parent agreement is in effect, and there is no living 
 26.3   parent able to care for the child, the designated parent shall 
 26.4   care for the child until a guardian appointed by will is able to 
 26.5   take custody of the child or until a court order otherwise 
 26.6   provides for the care of the child.  However, the designated 
 26.7   parent may cancel the agreement at any time under section 
 26.8   257A.08. 
 26.9      Sec. 29.  [257A.06] [FORM.] 
 26.10     Subdivision 1.  [WRITING.] A designated parent agreement 
 26.11  must be made in writing and all signatures must be notarized. 
 26.12     Subd. 2.  [DESIGNATED PARENT INDICATION ON DRIVER'S 
 26.13  LICENSE.] A parent who wishes to have a designated parent 
 26.14  indication placed on the parent's driver's license or 
 26.15  identification card under section 171.07, subdivision 11, must 
 26.16  submit a copy of the notarized designated parent agreement to 
 26.17  the department of public safety and pay any required fee. 
 26.18     Sec. 30.  [257A.07] [MULTIPLE AGREEMENTS.] 
 26.19     If more than one otherwise valid designated parent 
 26.20  agreement exists regarding the same child, the priority among 
 26.21  agreements is determined as follows: 
 26.22     (1) if one or more agreements have been submitted to the 
 26.23  department of public safety under section 171.07, subdivision 
 26.24  11, the agreement with the most recent date that has been 
 26.25  submitted to the department controls; or 
 26.26     (2) if multiple agreements exist, none of which has been 
 26.27  submitted to the department of public safety, the agreement with 
 26.28  the most recent date controls. 
 26.29     Sec. 31.  [257A.08] [CANCELLATION.] 
 26.30     Subdivision 1.  [HOW AND BY WHOM.] A parent may cancel a 
 26.31  designated parent agreement at any time.  The parent shall 
 26.32  notify the designated parent of the cancellation.  If the 
 26.33  designated parent is caring for the child at the time of 
 26.34  cancellation, the child must be returned to the parent 
 26.35  immediately upon the parent's request. 
 26.36     A designated parent may decline to serve at any time, and 
 27.1   the parent must cancel the agreement immediately upon request by 
 27.2   the designated parent.  If a designated parent is caring for a 
 27.3   child when the designated parent cancels the agreement, the 
 27.4   parent must take physical custody of the child immediately.  If 
 27.5   the parent is unable to resume physical custody at that time: 
 27.6      (1) the parent may name a new designated parent to care for 
 27.7   the child who shall immediately take custody of the child; or 
 27.8      (2) the designated parent may contact the local social 
 27.9   service agency, which shall take custody of the child. 
 27.10     Subd. 2.  [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] A parent 
 27.11  who has had a designated parent indication placed on the 
 27.12  parent's driver's license or identification card under section 
 27.13  171.07, subdivision 11, has the responsibility to notify the 
 27.14  department of public safety in writing whenever a designated 
 27.15  parent agreement is canceled or a new designated parent or 
 27.16  alternate is chosen. 
 27.17     Sec. 32.  [257A.09] [EXTENDING PERIOD OF CARE.] 
 27.18     If a parent is unable to resume caring for a child upon 
 27.19  expiration of the period of care indicated in the designated 
 27.20  parent agreement, the period of care may be extended for a 
 27.21  length of time agreed by the parent and designated parent, but 
 27.22  not to exceed one year.  If a parent cannot be contacted or is 
 27.23  unable to communicate a decision about the child's care when the 
 27.24  agreed period of care expires, the designated parent may: 
 27.25     (1) petition the juvenile court to authorize continued care 
 27.26  by the designated parent until the parent is able to resume the 
 27.27  child's care, or for one year, whichever is sooner; or 
 27.28     (2) contact the local social service agency, which shall 
 27.29  take custody of the child. 
 27.30     Sec. 33.  [257A.10] [NOTICE TO LOCAL SOCIAL SERVICE AGENCY; 
 27.31  INVESTIGATION.] 
 27.32     If a child has been in the home of a designated parent for 
 27.33  30 days, the designated parent shall promptly notify the local 
 27.34  social service agency, any adult siblings of the child, and any 
 27.35  living paternal or maternal grandparents, of the following: 
 27.36     (1) the child's name, home address, and the name and home 
 28.1   address of the child's parents; 
 28.2      (2) that the child is in the home under a designated parent 
 28.3   agreement; and 
 28.4      (3) the length of time the child is expected to remain in 
 28.5   the designated parent's home. 
 28.6      The local social service agency may visit the child and the 
 28.7   home and may continue to visit and supervise the home and the 
 28.8   child or take other appropriate action to assure that the 
 28.9   welfare of the child is fully protected. 
 28.10     Sec. 34.  [257A.11] [CONTEST OF APPOINTMENT.] 
 28.11     A local social service agency may file a motion in juvenile 
 28.12  court to contest a designated parent agreement that applies to a 
 28.13  child who is taken into custody under section 260.165 or about 
 28.14  whom a petition is filed alleging that the child is in need of 
 28.15  protection or services. 
 28.16     Sec. 35.  Minnesota Statutes 1994, section 260.173, 
 28.17  subdivision 2, is amended to read: 
 28.18     Subd. 2.  Notwithstanding the provisions of subdivision 1, 
 28.19  if the child had been taken into custody pursuant to section 
 28.20  260.165, subdivision 1, clause (a) or clause (c)(2), and is not 
 28.21  alleged to be delinquent, the child shall be detained in the 
 28.22  least restrictive setting consistent with the child's health and 
 28.23  welfare and in closest proximity to the child's family as 
 28.24  possible.  Placement may be with a child's relative, a 
 28.25  designated parent under chapter 257A, or in a shelter care 
 28.26  facility. 
 28.27     Sec. 36.  [299D.11] [STATE PATROL VEHICLES; LIGHTING.] 
 28.28     Any motor vehicle of the state patrol that is purchased 
 28.29  after July 1, 1996, and used primarily in the enforcement of 
 28.30  highway traffic regulations must have all flashing lights 
 28.31  authorized under section 169.64, other than turn signals and 
 28.32  flashing hazard lights, mounted on the top of the vehicle.  This 
 28.33  section does not apply to specially marked patrol vehicles 
 28.34  described in section 169.98, subdivision 2. 
 28.35     Sec. 37.  [APPROPRIATION TO PAY INITIAL COSTS OF OLYMPIC 
 28.36  PLATES.] 
 29.1      (a) The Minnesota amateur sports commission shall pay the 
 29.2   commissioner an amount determined by the commissioner to equal 
 29.3   the administrative, handling, and manufacturing costs of the 
 29.4   first production of Olympic license plates.  Production of 
 29.5   license plates must begin after the commissioner receives 
 29.6   payment.  
 29.7      (b) The amount determined by the commissioner under 
 29.8   paragraph (a) is appropriated to the commissioner of public 
 29.9   safety to pay the costs of the first production of Olympic 
 29.10  license plates.  The sum is available until spent.  
 29.11     (c) The amount paid by the Minnesota amateur sports 
 29.12  commission to the commissioner under paragraph (a) is 
 29.13  appropriated to the Minnesota amateur sports commission from the 
 29.14  highway user tax distribution fund.  This appropriation is 
 29.15  available to the extent that Olympic license plates are sold and 
 29.16  receipts are credited to the highway user tax distribution fund. 
 29.17     Sec. 38.  [DESIGN-BUILD METHOD OF CONSTRUCTION.] 
 29.18     Beginning with the capital budget projects approved by law 
 29.19  in 1996, the commissioner of administration or the commissioner 
 29.20  of transportation may use a design-build method of project 
 29.21  development and construction for projects to construct new 
 29.22  vehicle and equipment storage or maintenance facilities.  
 29.23  "Design-build method of project development and construction" 
 29.24  means a project delivery system in which a single contractor is 
 29.25  responsible for both the design and the construction of the 
 29.26  project.  The commissioner of administration or the commissioner 
 29.27  of transportation may select the projects that will be 
 29.28  constructed using the design-build method.  Minnesota Statutes, 
 29.29  section 16B.33, does not apply to the projects selected.  The 
 29.30  commissioners are requested to report to the legislature on the 
 29.31  use of the design-build method, including comparative cost 
 29.32  analysis, quality of product obtained, advantages and 
 29.33  disadvantages of using this method, and the commissioners' 
 29.34  recommendations for further use of the design-build method. 
 29.35     Sec. 39.  [REPORT.] 
 29.36     The commissioner of public safety shall report to the 
 30.1   legislature by January 15, 1999, on the fiscal impact of 
 30.2   sections 15 and 16.  The report must include the total amount 
 30.3   paid in refunds and collected in fees under those sections. 
 30.4      Sec. 40.  [EFFECTIVE DATE.] 
 30.5      (a) Sections 22 to 35 are effective January 1, 1997.  All 
 30.6   provisions of this act that make appropriations for fiscal year 
 30.7   1996, or that make any appropriation that is specified as being 
 30.8   available immediately, are effective the day following final 
 30.9   enactment. 
 30.10     (b) Sections 15 and 16 are effective January 1, 1997, and 
 30.11  are repealed June 30, 1999.