Conference Committee Report - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3203 1.2 A bill for an act 1.3 relating to public safety; modifying vehicle 1.4 registration provisions; regulating certain motor 1.5 vehicle dealer transactions; modifying provisions 1.6 governing road inspections, first hauls, and weight 1.7 allowances for commercial motor vehicles and requiring 1.8 a study; allowing certain transactions with department 1.9 of public safety to be conducted electronically; 1.10 setting vehicle title fees; modifying bicycle 1.11 registration provisions; modifying certain traffic 1.12 regulations; requiring proof of legal presence in this 1.13 country to obtain driver's license, permit, or 1.14 identification card; modifying certain license plate 1.15 display requirements; authorizing special veteran and 1.16 patriot license plates; modifying commercial driver's 1.17 license exemption for snowplow drivers; providing for 1.18 driver's license to be issued to legally emancipated 1.19 minor; modifying commercial driver's license 1.20 provisions to conform to federal law; exempting 1.21 certain funds from matching requirements; authorizing 1.22 rules; making technical and clarifying changes; 1.23 amending Minnesota Statutes 2000, sections 168.011, 1.24 subdivisions 4, 17, 34; 168.013, subdivision 3; 1.25 168.09, subdivisions 1, 3; 168.10, subdivision 1c; 1.26 168.123, subdivision 2; 168.27, as amended; 168.31, 1.27 subdivision 4; 168.33, subdivision 6, by adding a 1.28 subdivision; 168A.01, subdivisions 2, 24, by adding a 1.29 subdivision; 168A.04, subdivision 5; 168A.05, 1.30 subdivision 5a; 168A.09, subdivision 1; 168A.11, 1.31 subdivision 2; 168A.12, subdivisions 1, 2; 168A.154; 1.32 168A.18; 168A.19, subdivision 2; 168A.20, subdivisions 1.33 2, 3, 4; 168A.24, subdivision 1; 168A.29, subdivision 1.34 1; 168C.02, subdivisions 1, 5; 168C.03; 168C.04, 1.35 subdivision 1; 168C.05; 168C.06; 168C.07; 168C.08; 1.36 168C.09; 168C.11; 168C.12; 168C.13, subdivision 1; 1.37 169.06, by adding a subdivision; 169.26, subdivision 1.38 1; 169.28, subdivision 1; 169.771, subdivisions 2, 3; 1.39 169.85, subdivisions 1, 2; 169.851, subdivision 3; 1.40 169.86, subdivision 5; 169.974, subdivision 5; 171.02, 1.41 subdivisions 1, 5; 171.04, subdivision 1; 171.05, 1.42 subdivision 2; 171.055, subdivision 1; 171.06, 1.43 subdivisions 1, 3; 171.07, subdivision 3; 171.13, 1.44 subdivision 2; 171.165; Minnesota Statutes 2001 1.45 Supplement, sections 168.012, subdivision 1; 169.781, 2.1 subdivision 2; 169.79, subdivisions 3, 8, by adding a 2.2 subdivision; 171.07, subdivision 1; proposing coding 2.3 for new law in Minnesota Statutes, chapter 168; 2.4 repealing Minnesota Statutes 2000, sections 115A.908, 2.5 subdivision 2; 171.30, subdivision 3; Minnesota 2.6 Statutes 2001 Supplement, section 115A.908, 2.7 subdivision 1. 2.8 April 24, 2002 2.9 The Honorable Steve Sviggum 2.10 Speaker of the House of Representatives 2.12 The Honorable Don Samuelson 2.13 President of the Senate 2.15 We, the undersigned conferees for H.F. No. 3203, report 2.16 that we have agreed upon the items in dispute and recommend as 2.17 follows: 2.18 2.19 That the Senate recede from its amendments and that H.F. No. 2.20 3203 be further amended as follows: 2.21 Delete everything after the enacting clause and insert: 2.22 "ARTICLE 1 2.23 PUBLIC SAFETY MISCELLANY 2.24 Section 1. Minnesota Statutes 2000, section 168.011, 2.25 subdivision 4, is amended to read: 2.26 Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any 2.27 self-propelled vehicle designed and originally manufactured to 2.28 operate primarily upon public roads and highways, and not 2.29 operated exclusively upon railroad tracksand. It includes any 2.30 vehicle propelled or drawn by a self-propelled vehicle and 2.31 includes vehicles known as trackless trolleyswhichthat are 2.32 propelled by electric power obtained from overhead trolley wires 2.33 but not operated upon rails, except. It does not include 2.34 snowmobiles, manufactured homes,andor park trailers. 2.35 (b) "Motor vehicle" also includes an all-terrain vehicle, 2.36 as defined in section 84.92, subdivision 8,whichthat (1) has 2.37 at least four wheels, (2) is owned and operated by a physically 2.38 disabled person, and (3) displays both physically disabled 2.39 license plates and a physically disabled certificate issued 2.40 under section 169.345, subdivision 3. 2.41 (c) Motor vehicle does not include an all-terrain vehicle 2.42 as defined in section 84.92, subdivision 8; except (1) an 3.1 all-terrain vehicle described in paragraph (b), or (2) an 3.2 all-terrain vehicle licensed as a motor vehicle before August 1, 3.3 1985, in which case. The owner may continue to licenseitan 3.4 all-terrain vehicle described in clause (2) as a motor vehicle 3.5 until it is conveyed or otherwise transferred to another owner, 3.6 is destroyed, or fails to comply with the registration and 3.7 licensing requirements of this chapter. 3.8 Sec. 2. Minnesota Statutes 2000, section 168.011, 3.9 subdivision 34, is amended to read: 3.10 Subd. 34. [FLEET.] "Fleet" means a combination of10050 3.11 or more vehicles and trailers owned by a person solely for the 3.12 use of that person or employees of the person and registered in 3.13 this state under section 168.127. It does not include vehicles 3.14 licensed under section 168.187. 3.15 Sec. 3. Minnesota Statutes 2001 Supplement, section 3.16 168.012, subdivision 1, is amended to read: 3.17 Subdivision 1. [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE 3.18 DISPLAY.] (a) The following vehicles are exempt from the 3.19 provisions of this chapter requiring payment of tax and 3.20 registration fees, except as provided in subdivision 1c: 3.21 (1) vehicles owned and used solely in the transaction of 3.22 official business by the federal government, the state, or any 3.23 political subdivision; 3.24 (2) vehicles owned and used exclusively by educational 3.25 institutions and used solely in the transportation of pupils to 3.26 and from those institutions; 3.27 (3) vehicles used solely in driver education programs at 3.28 nonpublic high schools; 3.29 (4) vehicles owned by nonprofit charities and used 3.30 exclusively to transport disabled persons for educational 3.31 purposes; 3.32 (5)vehicles owned and used by honorary consul;3.33(6)ambulances owned by ambulance services licensed under 3.34 section 144E.10, the general appearance of which is 3.35 unmistakable; and 3.36(7)(6) vehicles owned by a commercial driving school 4.1 licensed under section 171.34, or an employee of a commercial 4.2 driving school licensed under section 171.34, and the vehicle is 4.3 used exclusively for driver education and training. 4.4 (b) Vehicles owned by the federal government, municipal 4.5 fire apparatuses including fire-suppression support vehicles, 4.6 police patrols, and ambulances, the general appearance of which 4.7 is unmistakable, are not required to register or display number 4.8 plates. 4.9 (c) Unmarked vehicles used in general police work, liquor 4.10 investigations, or arson investigations, and passenger 4.11 automobiles, pickup trucks, and buses owned or operated by the 4.12 department of corrections, must be registered and must display 4.13 appropriate license number plates, furnished by the registrar at 4.14 cost. Original and renewal applications for these license 4.15 plates authorized for use in general police work and for use by 4.16 the department of corrections must be accompanied by a 4.17 certification signed by the appropriate chief of police if 4.18 issued to a police vehicle, the appropriate sheriff if issued to 4.19 a sheriff's vehicle, the commissioner of corrections if issued 4.20 to a department of corrections vehicle, or the appropriate 4.21 officer in charge if issued to a vehicle of any other law 4.22 enforcement agency. The certification must be on a form 4.23 prescribed by the commissioner and state that the vehicle will 4.24 be used exclusively for a purpose authorized by this section. 4.25 (d) Unmarked vehicles used by the departments of revenue 4.26 and labor and industry, fraud unit, in conducting seizures or 4.27 criminal investigations must be registered and must display 4.28 passenger vehicle classification license number plates, 4.29 furnished at cost by the registrar. Original and renewal 4.30 applications for these passenger vehicle license plates must be 4.31 accompanied by a certification signed by the commissioner of 4.32 revenue or the commissioner of labor and industry. The 4.33 certification must be on a form prescribed by the commissioner 4.34 and state that the vehicles will be used exclusively for the 4.35 purposes authorized by this section. 4.36 (e) Unmarked vehicles used by the division of disease 5.1 prevention and control of the department of health must be 5.2 registered and must display passenger vehicle classification 5.3 license number plates. These plates must be furnished at cost 5.4 by the registrar. Original and renewal applications for these 5.5 passenger vehicle license plates must be accompanied by a 5.6 certification signed by the commissioner of health. The 5.7 certification must be on a form prescribed by the commissioner 5.8 and state that the vehicles will be used exclusively for the 5.9 official duties of the division of disease prevention and 5.10 control. 5.11 (f) Unmarked vehicles used by staff of the gambling control 5.12 board in gambling investigations and reviews must be registered 5.13 and must display passenger vehicle classification license number 5.14 plates. These plates must be furnished at cost by the 5.15 registrar. Original and renewal applications for these 5.16 passenger vehicle license plates must be accompanied by a 5.17 certification signed by the board chair. The certification must 5.18 be on a form prescribed by the commissioner and state that the 5.19 vehicles will be used exclusively for the official duties of the 5.20 gambling control board. 5.21 (g) All other motor vehicles must be registered and display 5.22 tax-exempt number plates, furnished by the registrar at cost, 5.23 except as provided in subdivision 1c. All vehicles required to 5.24 display tax-exempt number plates must have the name of the state 5.25 department or political subdivision, nonpublic high school 5.26 operating a driver education program, or licensed commercial 5.27 driving school, plainly displayed on both sides of the vehicle; 5.28 except that each state hospital and institution for the mentally 5.29 ill and mentally retarded may have one vehicle without the 5.30 required identification on the sides of the vehicle, and county 5.31 social service agencies may have vehicles used for child and 5.32 vulnerable adult protective services without the required 5.33 identification on the sides of the vehicle. This identification 5.34 must be in a color giving contrast with that of the part of the 5.35 vehicle on which it is placed and must endure throughout the 5.36 term of the registration. The identification must not be on a 6.1 removable plate or placard and must be kept clean and visible at 6.2 all times; except that a removable plate or placard may be 6.3 utilized on vehicles leased or loaned to a political subdivision 6.4 or to a nonpublic high school driver education program. 6.5 Sec. 4. Minnesota Statutes 2000, section 168.013, 6.6 subdivision 3, is amended to read: 6.7 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 6.8 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 6.9 gross weight shall state the unloaded weight of the motor 6.10 vehicle, trailer, or semitrailer and the maximum load the 6.11 applicant proposes to carrythereonon it, the sum of 6.12 whichshall constituteconstitutes the gross weight upon which 6.13 the license taxshallmust be paid, but in no case shall. 6.14 However, the declared gross weight upon which the tax is 6.15 paid must not be less than 1-1/4 times the declared unloaded 6.16 weight of the motor vehicle, trailer, or semitrailer to be 6.17 registered, except recreational vehicles taxed under subdivision 6.18 1g, school buses taxed under subdivision 18, and tow trucks or 6.19 towing vehicles defined in section 169.01, subdivision 52. The 6.20 gross weight of a tow truck or towing vehicle is the actual 6.21 weight of the tow truck or towing vehicle fully equipped, but 6.22 does not include the weight of a wrecked or disabled vehicle 6.23 towed or drawn by the tow truck or towing vehicle. 6.24 (b) The gross weight ofnoa motor vehicle, trailer, or 6.25 semitrailershallmust not exceed the gross weight upon which 6.26 the license tax has been paid by more than four percent or 1,000 6.27 pounds, whichever is greater. 6.28 (c) The gross weight of the motor vehicle, trailer, or 6.29 semitrailer for which the license tax is paidshallmust be 6.30 indicated by a distinctive character on the license plate or 6.31 plates except as provided in subdivision 12 and the plate or 6.32 platesshallmust be kept clean and clearly visible at all times. 6.33 (d) The owner, driver, or user of a motor vehicle, trailer, 6.34 or semitrailer, upon conviction for transporting a gross weight 6.35 in excess of the gross weight for which it was registered or for 6.36 operating a vehicle with an axle weight exceeding the maximum 7.1 lawful axle load weightshall be, is guilty of a misdemeanor and 7.2besubject to increased registration or reregistration according 7.3 to the following schedule: 7.4 (1)The owner, driver or user of a motor vehicle, trailer7.5or semitrailerUpon conviction for transporting a gross weight 7.6 in excess of the gross weight for whichita motor vehicle, 7.7 trailer, or semitrailer is registered by more than four percent 7.8 or 1,000 pounds, whichever is greater, but less than 25 percent, 7.9 or for operating or using a motor vehicle, trailer, or 7.10 semitrailer with an axle weight exceeding the maximum lawful 7.11 axle load as provided in section 169.825 by more than four 7.12 percent or 1,000 pounds, whichever is greater, but less than 25 7.13 percent, the owner, driver, or user of the motor vehicle, 7.14 trailer, or semitrailer used to commit the violation, in 7.15 addition to any penalty imposed for the misdemeanor, shall apply 7.16 to the registrar to increase the authorized gross weight to be 7.17 carried on the vehicle to a weight equal to or greater than the 7.18 gross weight the owner, driver, or user was convicted of 7.19 carrying,. The increase is computed for the balance of the 7.20 calendar year on the basis of 1/12 of the annual tax for each 7.21 month remaining in the calendar year beginning with the first 7.22 day of the month in which the violation occurred. If the 7.23 additional registration tax computed upon that weight, plus the 7.24 tax already paid, amounts to more than the regular tax for the 7.25 maximum gross weight permitted for the vehicle under section 7.26 169.825, that additional amountshallmust nevertheless be paid 7.27 into the highway fund, but the additional tax thus paidshall7.28 does not authorize or permit any person to operate the vehicle 7.29to be operatedwith a gross weight in excess of the maximum 7.30 legal weight as provided by section 169.825. Unless the owner 7.31 within 30 days after a convictionshall applyapplies to 7.32 increase the authorized weight andpaypays the additional tax 7.33 as provided in this section, the registrar shall revoke the 7.34 registration on the vehicle and demand the return of the 7.35 registration card and plates issued on that registration. 7.36 (2)The owner or driver or user of a motor vehicle, trailer8.1or semitrailerUpon conviction of an owner, driver, or user of a 8.2 motor vehicle, trailer, or semitrailer for transporting a gross 8.3 weight in excess of the gross weight for which the motor 8.4 vehicle, trailer, or semitrailer was registered by 25 percent or 8.5 more, or for operating or usingathe vehicle or trailer with an 8.6 axle weight exceeding the maximum lawful axle load as provided 8.7 in section 169.825 by 25 percent or more, and in addition to any 8.8 penalty imposed for the misdemeanor, the registrar shallhave8.9 either (i) cancel the reciprocity privileges on the vehicle 8.10 involved if the vehicle is being operated under 8.11 reciprocitycanceled by the registrar,or (ii) if the vehicle is 8.12 not being operated under reciprocity, cancel the certificate of 8.13 registration on the vehicle operatedshall be canceled by the8.14registrarandthe registrar shalldemand the return of the 8.15 registration certificate and registration plates. The registrar 8.16 may not cancel the registration or reciprocity privileges for 8.17 any vehicle found in violation of seasonal load restrictions 8.18 imposed under section 169.87 unless the axle weight exceeds the 8.19 year-round weight limit for the highway on which the violation 8.20 occurred. The registrar may investigate any allegation of gross 8.21 weight violations and demand that the operator show cause why 8.22 all future operating privileges in the state should not be 8.23 revoked unless the additional tax assessed is paid. 8.24 (3) Clause (1) does not apply to the first haul of 8.25 unprocessed or raw farm products or unfinished forest products, 8.26 when the registered gross weight is not exceeded by more than 8.27 ten percent. For purposes of this clause, "first haul" means (i) 8.28 the first, continuous transportation of unprocessed or raw farm 8.29 products from the place of production or on-farm storage site to 8.30 any other location within 50 miles of the place of production or 8.31 on-farm storage site, or (ii) the first, continuous 8.32 transportation of unfinished forest products from the place of 8.33 production to the place of first unloading. 8.34 (4) When the registration on a motor vehicle, trailer, or 8.35 semitrailer is revoked by the registrar according toprovisions8.36ofthis section, the vehicleshallmust not be operated on the 9.1 highways of the state until it is registered or reregistered, as 9.2 the case may be, and new plates issued, and the registration fee 9.3shall beis the annual tax for the total gross weight of the 9.4 vehicle at the time of violation. The reregistration pursuant 9.5 to this subdivision of any vehicle operating under reciprocity 9.6 agreements pursuant to section 168.181 or 168.187shallmust be 9.7 at the full annual registration fee without regard to the 9.8 percentage of vehicle miles traveled in this state. 9.9 Sec. 5. Minnesota Statutes 2000, section 168.09, 9.10 subdivision 1, is amended to read: 9.11 Subdivision 1. [REGISTRATION REQUIRED.] No trailer or 9.12 motor vehicle, except as is exempted by section 168.012,shall9.13usemay be used orbeoperated upon the public streets or 9.14 highways of the state in any calendar year until it is 9.15 registered,as provided in this section,andthe motor vehicle 9.16 tax and fees as provided in this chapter are paid, and the 9.17 number plates issued for the trailer or motor vehicle are 9.18 displayed onthe vehicleit. No trailer or motor vehicle, 9.19 except as provided by section 168.012, whichshallfor any 9.20 reason is notbesubject to taxation as provided in this 9.21 chapter,shall usemay be used orbeoperated upon the public 9.22 streets or highways of this state until it is registered,as 9.23 provided in this section,andshall displaydisplays number 9.24 plates as required bythe provisions ofthis chapter, except 9.25 that the purchaser of a new trailer or motor vehicle may operate 9.26that motor vehicleit without plates if the permit authorized by 9.27 section 168.091 or 168.092 is displayed. 9.28 Sec. 6. Minnesota Statutes 2000, section 168.09, 9.29 subdivision 3, is amended to read: 9.30 Subd. 3. [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates 9.31 or other insignia issued for a motor vehicle registered under 9.32the provisions ofsection 168.187 for a calendar year shall be 9.33 displayed on the motor vehicle not later than 12:01 a.m. on 9.34 March 2 of the year unless extended by the registrar for the 9.35 period of time required for the issuance of the new plates or 9.36 insignia. The commissioner of public safety shall register all 10.1 motor vehicles registered under section 168.187 for a period of 10.2 14 months for the registration year 1994 to implementthe10.3provisions ofthis subdivision. The registration year for 10.4 vehicles registered under section 168.187, as provided in this 10.5 sectionshall be, is from March 1 to the last day of February 10.6 for 1995 and succeeding years. 10.7 (b) Except for a motor vehicle registered under section 10.8 168.017 or 168.187, plates or other insignia issued for a 10.9 self-propelled motor vehicle registered for over 27,000 10.10 poundsexcept a motor vehicle registered under the provision of10.11sections 168.017 and 168.187shall be displayed on the vehicle 10.12 not later than 12:01 a.m. on March 2 of the year,norand, 10.13 except for recreational equipment, not earlier than 12:01 a.m. 10.14 on February 15 of the year, unless otherwise extended by the 10.15 registrar for the period of time required forthe issuance of10.16 issuing the new plates or insignia. 10.17 (c) Except for a motor vehicle registered under section 10.18 168.017 or 168.187, plates or other insignia issued for a 10.19 self-propelled vehicle registered for 27,000 pounds or less and 10.20 all other motor vehiclesexcept those registered under the10.21provisions of section 168.017 or 168.187shall be displayed not 10.22 later than 12:01 a.m. on March 2 of the year, and, except for 10.23 recreational equipment, not earlier than January 1 of the year 10.24 unless otherwise extended by the registrar for the period of 10.25 time required forthe issuance ofissuing the new plates or 10.26 insignia. The registration year for all vehicles as provided in 10.27 this paragraph and paragraph (b)shall beis from March 1 to the 10.28 last day of February for 1979 and succeeding years. 10.29 Sec. 7. Minnesota Statutes 2000, section 168.10, 10.30 subdivision 1c, is amended to read: 10.31 Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a) 10.32 The owner of any motor vehicle, including any truck, that is at 10.33 least 20 model years oldand, was manufactured after 1935,or10.34any motor vehicle of a defunct make defined as any car or truck10.35originally licensed as a separate identifiable make as10.36designated by the division of motor vehicles,and is owned and 11.1 operated solely as a collector's vehicle, shallbe listedlist 11.2 the vehicle for taxation and registration as follows: 11.3 (1) execute an affidavitshall be executedstating the name 11.4 and address of the person from whom purchased and of the new 11.5 owner, the make of the motor vehicle, the year and number of the 11.6 model, the manufacturer's identification number, and that the 11.7 vehicle is owned and operated solely as a collector's item and 11.8 not for general transportation purposes. The owner must also; 11.9 and 11.10 (2) prove that the owner also has one or more vehicles with 11.11 regular license plates. 11.12 If the registrar is satisfied that the affidavit is true and 11.13 correct and the owner pays a $25 tax, the registrar shall list 11.14 the vehicle for taxation and registration and shall issue a 11.15 single number plate. 11.16 (b) The number plate issued shall bear the inscription 11.17 "Collector," "Minnesota," and the registration number or other 11.18 combination of characters authorized under section 168.12, 11.19 subdivision 2a, but no date. The number plate is valid without 11.20 renewal as long as the vehicle is in existence. The registrar 11.21 has the power to revoke the plate for failure to comply with 11.22 this subdivision. 11.23 Sec. 8. [168.1255] [SPECIAL VETERAN CONTRIBUTION LICENSE 11.24 PLATES.] 11.25 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 11.26 registrar shall issue special veteran contribution license 11.27 plates to an applicant who: 11.28 (1) is a veteran, as defined in section 197.447; 11.29 (2) is an owner or joint owner of a passenger automobile, 11.30 pickup truck, or van; 11.31 (3) pays a fee of $10 to cover the costs of handling and 11.32 manufacturing the plates; 11.33 (4) pays the registration tax required under section 11.34 168.013; 11.35 (5) pays the fees required under this chapter; 11.36 (6) pays an additional one-time World War II memorial 12.1 contribution of $30, which the department shall retain until all 12.2 start-up costs associated with the development and issuing of 12.3 the plates have been recovered, after which the commissioner 12.4 shall deposit contributions in the World War II donation match 12.5 account; and 12.6 (7) complies with laws and rules governing registration and 12.7 licensing of vehicles and drivers. 12.8 Subd. 2. [DESIGN.] The commissioner of veterans affairs 12.9 shall design the special plates, subject to the approval of the 12.10 registrar, that satisfy the following requirements: 12.11 (1) the special veteran contribution plates must bear the 12.12 inscription "PROUD TO BE A VETERAN" on the bottom of the plate; 12.13 and 12.14 (2) the flag of the United States of America must appear on 12.15 the left side of the plate just preceding the first letter or 12.16 numeral of the special license plate number. 12.17 Subd. 3. [PLATE TRANSFERS.] Notwithstanding section 12.18 168.12, subdivision 1, on payment of a transfer fee of $5, 12.19 plates issued under this section may be transferred to another 12.20 passenger automobile, pickup truck, or van owned or jointly 12.21 owned by the person to whom the special plates were issued. 12.22 Subd. 4. [FEES CREDITED.] The fees collected under this 12.23 section must be deposited in the state treasury and credited to 12.24 the highway user tax distribution fund. Fees collected under 12.25 this section do not include the contributions collected for the 12.26 World War II memorial donation match account. 12.27 Subd. 5. [RECORD.] The registrar shall maintain a record 12.28 of the number of special plates issued under this section. 12.29 Sec. 9. Minnesota Statutes 2000, section 168.27, as 12.30 amended by Laws 2001, chapter 151, section 1; and Laws 2001, 12.31 First Special Session chapter 8, article 2, sections 35 and 36, 12.32 is amended to read: 12.33 168.27 [MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES.] 12.34 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 12.35 section, thefollowingterms in paragraphs (b) to (o) have the 12.36 meanings given them:. 13.1(1)(b) "Leasing motor vehicles" means furnishing a motor 13.2 vehicle for a fee under a bailor-bailee relationship where no 13.3 incidences of ownership are intended to be transferred other 13.4 than the right to use the vehicle for a stated period of time. 13.5(2)(c) "Brokering motor vehicles" means arranging sales or 13.6 leases between buyers and sellers, or lessees and lessors, of 13.7 motor vehicles and receiving a fee for those services. 13.8(3)(d) "Wholesaling motor vehicles" means selling new or 13.9 used motor vehicles to dealers for resale to the public. 13.10(4)(e) "Auctioning motor vehicles" means arranging for and 13.11 handling the sale of motor vehicles, not the property of the 13.12 auctioneer, to the highest bidder. 13.13(5)(f) "Dealer" includes licensed new motor vehicle 13.14 dealers, used motor vehicle dealers, motor vehicle brokers, 13.15 wholesalers, auctioneers, lessors of new or used motor vehicles, 13.16 scrap metal processors, used vehicle parts dealers, and salvage 13.17 pools. 13.18(6)(g) "Commercial building" means a permanent, enclosed 13.19 building that is on a permanent foundation and connected to 13.20 local sewer and water facilities or otherwise complying with 13.21 local sanitary codes, is adapted to commercial use, and conforms 13.22 to local government zoning requirements. "Commercial building" 13.23 may include strip office malls or garages if a separate entrance 13.24 and a separate address are maintained and the dealership is 13.25 clearly identified as a separate business. 13.26(7)(h) "Commercial office space" means office space 13.27 occupying all or part of a commercial building. 13.28(8)(i) "Horse trailer" is a trailer designed and used to 13.29 carry horses and other livestock, which has not more than three 13.30 axles and a maximum gross weight capacity of not more than 13.31 24,000 pounds. 13.32(9)(j) "Used motor vehicle" means a motor vehicle for 13.33 which title has been transferred from the person who first 13.34 acquired it from the manufacturer, distributor, or dealer. A 13.35 new motor vehicle will not be considered a used motor vehicle 13.36 until it has been placed in actual operation and not held for 14.1 resale by an owner who has been granted a certificate of title 14.2 on the motor vehicle and has registered the motor vehicle in 14.3 accordance with this chapter and chapters 168A and 297B, or the 14.4 laws of the residence of the owner. 14.5(10)(k) "New motor vehicle" means a motor vehicle other 14.6 than described in paragraph(9)(j). 14.7(11)(l) "Junked vehicle" means a vehicle that is declared 14.8 unrepairable under section 168A.151. 14.9(12)(m) "Motor vehicle" has the meaning given it in 14.10 section 168.011, subdivision 4, and also includes a park trailer 14.11 as defined in section 168.011, subdivision 8. 14.12(13)(n) "Motor vehicle broker" means a person who arranges 14.13 the sale of a motor vehicle between a buyer and a seller, or the 14.14 lease of a motor vehicle between a lessee and a lessor, for 14.15 which service the broker receives a fee. 14.16 (o) "Registration year" means the 12-month period for which 14.17 a dealer license is issued. 14.18 Subd. 1a. [DEALER LICENSE CATEGORIES.] (a) No person shall 14.19 engage in the business of selling new motor vehicles or shall 14.20 offer to sell, solicit, deliver, or advertise the sale of new 14.21 motor vehicles without first acquiring a new motor vehicle 14.22 dealer license. 14.23 (b) No person shall engage in the business of selling used 14.24 motor vehicles or shall offer to sell, solicit, deliver, or 14.25 advertise the sale of used motor vehicles without first 14.26 acquiring a used motor vehicle dealer license. 14.27 (c) No person shall engage in the business of buying or 14.28 otherwise acquiring vehicles other than hulks; or offering to 14.29 buy or otherwise acquire, or soliciting or advertising the 14.30 buying or acquiring of, vehicles other than hulks for processing 14.31 and selling the metal for remelting without first acquiring a 14.32 scrap metal processor license. 14.33 For purposes of this paragraph, a "hulk" is a motor vehicle 14.34 that is incapable, under its own power, of moving and is 14.35 incapable of transporting persons or property and has had 14.36 valuable used parts removed. Its sole value is its metallic 15.1 content. 15.2 (d) No person shall be primarily engaged in the business of 15.3 buying or otherwise acquiring vehicles for the purpose of 15.4 dismantling the vehicles and selling used parts and the 15.5 remaining scrap metals without first acquiring a used vehicle 15.6 parts dealer license. 15.7 (e) No person shall engage in the business of storing and 15.8 displaying, offering to store or display, or soliciting or 15.9 advertising the storing or displaying, for sale, of damaged or 15.10 junked vehicles as an agent or escrow agent of an insurance 15.11 company without first acquiring a vehicle salvage pool license. 15.12 (f) No person shall engage in the business of leasing motor 15.13 vehicles or shall offer to lease, solicit or advertise to lease 15.14 motor vehicles without first acquiring a motor vehicle lessor 15.15 license. 15.16 (g) No person shall engage in the business of wholesaling 15.17 motor vehicles to dealers for resale or shall offer to sell, 15.18 solicit or advertise the sale of motor vehicles to dealers for 15.19 resale without first acquiring a motor vehicle wholesaler 15.20 license. 15.21 (h) No person shall engage in the business of auctioning 15.22 motor vehicles for more than one owner at an auction or shall 15.23 offer to sell, solicit or advertise the sale of motor vehicles 15.24 at auction without first acquiring a motor vehicle auctioneer 15.25 license. 15.26 (i) No person shall engage in the business of brokering 15.27 motor vehicles without first acquiring a motor vehicle broker's 15.28 license. 15.29 Subd. 2. [NEW MOTOR VEHICLE DEALER.] (a)No person shall15.30engage in the business of selling new motor vehicles or shall15.31offer to sell, solicit, deliver, or advertise the sale of new15.32motor vehicles without first acquiring a new motor vehicle15.33dealer license.A new motor vehicle dealer licenseeshall be15.34entitled thereunder tomay sell, broker, wholesale, or auction 15.35 andtosolicit and advertise the sale,brokerbrokerage, 15.36 wholesale, or auction of new motor vehicles covered by the 16.1 franchise and any used motor vehiclesor to, and may lease and 16.2tosolicit and advertise the lease of new motor vehicles and any 16.3 used motor vehiclesand such. New motor vehicle dealer sales or 16.4 leases may be either for consumer use at retail or for resale to 16.5 a dealer. A new motor vehicle dealer may engage in the business 16.6 of buying or otherwise acquiring vehicles for dismantling the 16.7 vehicles and selling used parts and remaining scrap materials 16.8 under chapter 168A, except that a new motor vehicle dealer may 16.9 not purchase a junked vehicle from a salvage pool, insurance 16.10 company, or its agent unless the dealer is also licensed as a 16.11 used vehicle parts dealer. Nothingherein shall be construed to16.12requirein this subdivision requires an applicant for a dealer 16.13 license who proposes to deal in: (1) new and unused motor 16.14 vehicle bodies; or (2) type A, B, or C motor homes as defined in 16.15 section 168.011, subdivision 25, to have a bona fide contract or 16.16 franchise in effect with either the first-stage manufacturer of 16.17 the motor home or the manufacturer or distributor of any motor 16.18 vehicle chassis upon which the new and unused motor vehicle body 16.19 is mounted. The modification or conversion of a new van-type 16.20 vehicle into a multipurpose passenger vehicle which is not a 16.21 motor home does not constitute dealing in new or unused motor 16.22 vehicle bodies, and a person engaged in the business of selling 16.23 these van-type vehicles must have a bona fide contract or 16.24 franchise with the appropriate manufacturer under subdivision 16.25 10. A van converter or modifier who owns these modified or 16.26 converted van-type vehicles may sell them at wholesale to new 16.27 motor vehicle dealers having a bona fide contract or franchise 16.28 with the first-stage manufacturer of the vehicles. 16.29 (b) The requirements pertaining to franchises do not apply 16.30 to persons who remodel or convert motor vehicles for medical 16.31 purposes. For purposes of this subdivision, "medical purpose" 16.32 means certification by a licensed physician that remodeling or 16.33 conversion of a motor vehicle is necessary to enable a disabled 16.34 person to use the vehicle. 16.35 (c) A new motor vehicle dealer shall not deliver a 16.36 manufacturer's or importer's certificate of origin for a 17.1 passenger automobile, pickup truck, or van requiring a 17.2 certificate of titlepursuantaccording to chapter 168A to any 17.3 person in conjunction with the sale of a vehicle except to the 17.4 department, another new motor vehicle dealer licensed to sell 17.5 the same line or make, or a person whose primary business is 17.6 picking up and delivering motor vehicle title documents. 17.7 (d) If a new motor vehicle dealer agrees to sell or lease a 17.8 new motor vehicle using the services of a motor vehicle broker, 17.9 the new motor vehicle dealer may not refuse to deliver 17.10 possession of the vehicle to the buyer or lessee. This 17.11 paragraph does not require delivery unless all arrangements have 17.12 been properly completed for payment, insurance required by law, 17.13 titling, transfer, and registration of the new vehicle and any 17.14 trade-in vehicle. Delivery may take place at or away from the 17.15 dealership. 17.16 Subd. 3. [USED MOTOR VEHICLE DEALER.]No person shall17.17engage in the business of selling or arranging the sale of used17.18motor vehicles or shall offer to sell, solicit, arrange, or17.19advertise the sale of used motor vehicles without first17.20acquiring a used motor vehicle dealer license.A used motor 17.21 vehicle dealer licenseeshall be entitled thereunder tomay 17.22 sell, lease, broker, wholesale, or auction andtosolicit and 17.23 advertise the sale, lease,brokerbrokerage, wholesale, or 17.24 auction of any used motor vehicles for consumer use at retail or 17.25 for resale to a dealer. A used motor vehicle dealer may engage 17.26 in the business of buying or otherwise acquiring vehicles for 17.27 dismantling the vehicles and selling used parts and remaining 17.28 scrap materials under chapter 168A, except that a used motor 17.29 vehicle dealer may not acquire a junked vehicle from a salvage 17.30 pool, insurance company, or its agent, unless the dealer is also 17.31 licensed as a used vehicle parts dealer. 17.32 Subd. 3a. [SCRAP METAL PROCESSOR.](a) A person must have17.33a scrap metal processor license to engage in the business of:17.34(1) buying or otherwise acquiring vehicles other than17.35hulks; or17.36(2) offering to buy or otherwise acquire, or soliciting or18.1advertising the buying or acquiring of, vehicles other than18.2hulks for processing and selling the metal for remelting. For18.3purposes of this subdivision, a "hulk" is a motor vehicle that18.4is incapable, under its own power, of moving and is incapable of18.5transporting persons or property and has had any valuable used18.6parts removed. Its sole value is its metallic content.18.7(b)A scrap metal processor licenseeis entitled tomay buy 18.8 or otherwise acquire vehicles andtosolicit and advertise the 18.9 buying or acquiring of vehicles for processing and selling the 18.10 metal for remelting. A scrap metal processor licensee may not 18.11 acquire a junked vehicle for the purpose of dismantling and 18.12 selling used vehicle parts and remaining scrap materials unless 18.13 the scrap metal processor is also licensed as a used vehicle 18.14 parts dealer. 18.15Subd. 3b. [USED VEHICLE PARTS DEALER.] A person must have18.16a used vehicle parts dealer's license to be primarily engaged in18.17the business of buying or otherwise acquiring vehicles for the18.18purpose of dismantling the vehicles and selling used parts and18.19the remaining scrap metals.18.20 Subd. 3c. [VEHICLE SALVAGE POOL.]A person must have a18.21vehicle salvage pool license to engage in the business of:18.22storing and displaying, offering to store or display, or18.23soliciting or advertising the storing or displaying, for sale,18.24of damaged or junked vehicles as an agent or escrow agent of an18.25insurance company.A vehicle salvage pool licenseeis entitled18.26tomay store and display andtomay solicit and advertise the 18.27 storing and displaying, for sale, of damaged or junked vehicles 18.28 as an agent or escrow agent of an insurance company. A vehicle 18.29 salvage pool licensee shall not sell junked vehicles to any 18.30 party other than a licensed used parts dealer. 18.31 Subd. 4. [MOTOR VEHICLE LESSOR.]No person shall engage in18.32the business of leasing motor vehicles or shall offer to lease,18.33solicit or advertise to lease motor vehicles without first18.34acquiring a motor vehicle lessor license.A motor vehicle 18.35 lessor licenseeshall be entitled thereunder tomay lease or 18.36 rent either by the hour, day or longer period for a fee andto19.1 may solicit and advertise the lease or rental of motor 19.2 vehicles. A motor vehicle lessor having leased motor vehicles, 19.3 may sell the vehicles upon their return to the lessor after 19.4 termination or expiration of the lease without obtaining a used 19.5 motor vehicle dealer license. 19.6 Subd. 4a. [LIMITED USED VEHICLE LICENSE.] A limited used 19.7 vehicle license shall be provided to a nonprofit charitable 19.8 organization that qualifies for tax exemption under section 19.9 501(c)(3) of the Internal Revenue Code whose primary business in 19.10 the transfer of vehicles is to raise funds for the corporation, 19.11 who acquires vehicles for sale through donation, and who uses a 19.12 licensed motor vehicle auctioneer to sell vehicles to retail 19.13 customers. This license does not apply to educational 19.14 institutions whose primary purpose is to train students in the 19.15 repair, maintenance, and sale of motor vehicles. A limited used 19.16 vehicle license allows the organization to accept assignment of 19.17 vehicles without the requirement to transfer title as provided 19.18 in section 168A.10 until sold to a retail customer. Limited 19.19 used vehicle license holders are not entitled to dealer plates, 19.20 and shall report all vehicles held for resale to the department 19.21 of public safety in a manner and time prescribed by the 19.22 department. 19.23 Subd. 5a. [CONSIGNMENT SALES.] No person may solicit, 19.24 accept, offer for sale, or sell motor vehicles for consignment 19.25 sale unless licensed as a new or used motor vehicle dealer, a 19.26 motor vehicle wholesaler, or a motor vehicle auctioneer. This 19.27 requirement does not apply to a licensed auctioneer selling 19.28 motor vehicles at an auction if, in the ordinary course of the 19.29 auctioneer's business, the sale of motor vehicles is incidental 19.30 to the sale of other real or personal property. Incidental 19.31 means up to a total of ten but no more than ten percent of the 19.32 items in the posted auction bill are motor vehicles. 19.33 Subd. 6. [MOTOR VEHICLE WHOLESALER.]No person shall19.34engage in the business of wholesaling motor vehicles to dealers19.35for resale or shall offer to sell, solicit or advertise the sale19.36of motor vehicles to dealers for resale without first acquiring20.1a motor vehicle wholesaler license.A motor vehicle wholesaler 20.2 licenseeshall be entitled thereunder tomay sell, solicit or 20.3 advertise the sale of motor vehicles at wholesale for resale; 20.4 provided that a wholesaler may sell, solicit, or advertise the 20.5 sale of new motor vehicles only to dealers duly licensed to sell 20.6 the same make of motor vehicles. 20.7 Subd. 7. [MOTOR VEHICLE AUCTIONEER.]No person shall20.8engage in the business of auctioning motor vehicles for more20.9than one owner at an auction or shall offer to sell, solicit or20.10advertise the sale of motor vehicles at auction without first20.11acquiring a motor vehicle auctioneer license.A motor vehicle 20.12 auctioneer licenseeshall be entitled thereunder tomay sell, 20.13 solicit and advertise the sale of used motor vehicles belonging 20.14 to others at auction. 20.15 Subd. 7a. [MOTOR VEHICLE BROKER.] (a)No person shall20.16engage in the business of brokering motor vehicles without first20.17acquiring a motor vehicle broker's license.A motor vehicle 20.18 broker shall provide each buyer or lessee with a written 20.19 disclosure stating whether the motor vehicle broker receives a 20.20 fee from the dealers with whom the broker does business. The 20.21 new or used motor vehicle dealershall beis the seller of 20.22 record in all such transactions. The motor vehicle dealer may 20.23 pay the motor vehicle broker a fee for brokering services 20.24 rendered. A motor vehicle broker may: 20.25 (1) advertise and solicit the brokering of new motor 20.26 vehicles. A motor vehicle broker shall not advertise or make 20.27 any representations which state, imply, or suggest that the 20.28 motor vehicle broker itself sells vehicles, is authorized to 20.29 sell vehicles, or obtains vehicles directly from the motor 20.30 vehicle manufacturer. All advertising or other solicitations by 20.31 a motor vehicle broker shall disclose that sales of new motor 20.32 vehicles are arranged through franchised motor vehicle dealers; 20.33 (2) negotiate or quote the sale price or lease terms of 20.34 motor vehicles; 20.35 (3) prepare and deliver documents necessary to the 20.36 transaction; 21.1 (4) accept a down payment not to exceed $500, but otherwise 21.2 may not accept payment in full or in part for a motor vehicle 21.3 unless the payment is in the form of a negotiable instrument 21.4 payable to the vehicle dealer; 21.5 (5) accompany a motor vehicle purchaser or lessee at the 21.6 time of delivery by the selling dealer of a new motor vehicle; 21.7 and 21.8 (6) be present when warranties and safety features are 21.9 described by the selling dealer in conjunction with the delivery 21.10 of a new motor vehicle. 21.11 (b) A motor vehicle broker shall not: 21.12 (1) engage in the business of selling new or used motor 21.13 vehicles as described in subdivisions 2 and 3; 21.14 (2) execute contracts or official documents for the sale or 21.15 lease of a new motor vehicle; 21.16 (3) describe a new vehicle's warranties or safety features 21.17 in conjunction with the delivery of a new motor vehicle; 21.18 (4) display motor vehicles available for sale or lease; or 21.19 (5) perform any dealer preparation of new motor vehicles. 21.20 All dealer preparation shall be performed only by a licensed new 21.21 motor vehicle dealer. 21.22 (c) This subdivision does not apply to licensed motor 21.23 vehicle lessors and shall not be construed to restrict licensed 21.24 motor vehicle lessors from brokering motor vehicle leases or 21.25 otherwise engaging in the leasing of motor vehicles in 21.26 accordance with subdivisions 1 and 4. 21.27 Subd. 8. [EXEMPTIONS.] (a) Salespeople and other employees 21.28 of licensed dealers under this section are not required to 21.29 obtain individual licenses. 21.30 (b) Isolated or occasional sales or leases of new or used 21.31 motor vehicles are exempt from this section. A person who makes 21.32 only isolated or occasional sales or leases is not required to 21.33 be licensed under this section, is not considered to be in the 21.34 business of selling or leasing motor vehicles, and does not 21.35 qualify to receive dealer plates under subdivision 16. 21.36 "Isolated or occasional sales or leases" means: (1) the sale or 22.1 lease of a motor vehicle with an actual cash value of $1,000 or 22.2 less made by a charitable organization; (2) the sale, purchase, 22.3 or lease of not more than five motor vehicles in a 12-month 22.4 period, other than pioneer or classic motor vehicles as defined 22.5 in section 168.10, subdivisions 1a and 1b, or (3) sales by a 22.6 licensed auctioneer selling motor vehicles at an auction if, in 22.7 the ordinary course of the auctioneer's business, the sale of 22.8 motor vehicles is incidental to the sale of other real or 22.9 personal property. For purposes of this subdivision, charitable 22.10 organization means a nonprofit charitable organization that 22.11 qualifies for tax exemption under section 501(c)(3) of the 22.12 Internal Revenue Code. 22.13 (c) A person whose sales of new and used motor vehicles 22.14 consist solely of sales to political subdivisions and their 22.15 agencies of vehicles used solely as firefighting equipment is 22.16 not required to obtain a license under this section. The person 22.17 may apply for and receive in-transit plates under subdivision 17 22.18 in the same manner as licensed motor vehicle dealers for the 22.19 purpose of allowing firefighting equipment to be transported 22.20 from the dealer's source of supply or other place of storage to 22.21 the dealer's place of business, to another place of storage, or 22.22 directly to the purchaser. 22.23 Subd. 9. [APPLICATION.]Application for such license and22.24renewal thereof shallAll license applications under this 22.25 section and all license renewals must be made to the registrar 22.26 of motor vehicles, shall be in writing,and duly verified by 22.27 oath. The applicant shall submit such information as the 22.28 registrar may require to administer this section, on blanks22.29provided by the registrar for such purposein a manner and 22.30 format prescribed by the registrar. 22.31 Subd. 10. [PLACE OF BUSINESS.] (a) All licensees under 22.32 this section shall have an established place of business which 22.33 shall include as a minimum: 22.34 (1) For a new motor vehicle dealer, the following: 22.35 (i) a commercial building owned or under lease by the 22.36 licensee. The leaseshallmust be for a minimum term of one 23.1 year. The buildingshallmust contain office space where the 23.2 books, records, and files necessary to conduct the business are 23.3 kept and maintained with personnel available during normal 23.4 business hours. Dealership business hours must be conspicuously 23.5 posted on the place of doing business and readily viewable by 23.6 the public; 23.7 (ii) a bona fide contract or franchise (1) in effect with a 23.8 manufacturer or distributor of the new motor vehicles the dealer 23.9 proposes to sell, broker, wholesale, or auction, or (2) in 23.10 effect with the first-stage manufacturer or distributor of new 23.11 motor vehicles purchased from a van converter or modifier which 23.12 the dealer proposes to sell, broker, wholesale, or auction, or 23.13 (3) in effect with the final stage manufacturer of the new type 23.14 A, B, or C motor homes which the dealer proposes to sell, 23.15 broker, wholesale, or auction; 23.16 (iii) a facility for the repair and servicing of motor 23.17 vehicles and the storage of parts and accessories, not to exceed 23.18 ten miles distance from the principal place of business.Such23.19 The service may be provided through contract with bona fide 23.20 operators actually engaged insuchthe services; 23.21 (iv) an area either indoors or outdoors to display motor 23.22 vehicleswhichthat is owned or under lease by the licensee; and 23.23 (v) a sign readily viewable by the public that 23.24 clearlyidentifyingidentifies the dealership by namewhich is23.25readily viewable by the public. 23.26 (2) For a used motor vehicle dealer, the following: 23.27 (i) a commercial building owned or under lease by the 23.28 licensee. The leaseshallmust be for a minimum term of one 23.29 year. The buildingshallmust contain office space where the 23.30 books, records, and files necessary to conduct the business are 23.31 kept and maintained with personnel available during normal 23.32 business hours or automatic telephone answering service during 23.33 normal business hours. Dealership business hours must be 23.34 conspicuously posted on the place of doing business and readily 23.35 viewable by the public; 23.36 (ii) an area either indoors or outdoors to display motor 24.1 vehicles which is owned or under lease by the licensee; and 24.2 (iii) a sign readily viewable by the public that 24.3 clearlyidentifyingidentifies the dealership by namewhich is24.4readily viewable by the public. 24.5 (3) For a motor vehicle lessor, the following: a 24.6 commercial office space where the books, records, and files 24.7 necessary to conduct the business are kept and maintained with 24.8 personnel available during normal business hours or an automatic 24.9 telephone answering service during normal business hours. 24.10 Business hours must be conspicuously posted on the place of 24.11 doing business and readily viewable by the public. The office 24.12 space must be owned or under lease for a minimum term of one 24.13 year by the licensee. 24.14 (4) For a motor vehicle wholesaler, the following: a 24.15 commercial office space where the books, records, and files 24.16 necessary to conduct the business are kept and maintained with 24.17 personnel available during normal business hours or an automatic 24.18 telephone answering service during normal business hours. The 24.19 office space must be owned or under lease for a minimum term of 24.20 one year by the licensee. 24.21 (5) For a motor vehicle auctioneer, the following: a 24.22 permanent enclosed commercial building, within or without the 24.23 state, on a permanent foundation, owned or under lease by the 24.24 licensee. The leaseshallmust be for a minimum term of one 24.25 year. The buildingshallmust contain office space where the 24.26 books, records, and files necessary to conduct the business are 24.27 kept and maintained with personnel available during normal 24.28 business hours or an automatic telephone answering service 24.29 during normal business hours. 24.30 (6) For a motor vehicle broker, the following: a 24.31 commercial office space where books, records, and files 24.32 necessary to conduct business are kept and maintained with 24.33 personnel available during normal business hours, or an 24.34 automatic telephone answering service available during normal 24.35 business hours. A sign, clearly identifying the motor vehicle 24.36 broker by name and listing the broker's business hours, must be 25.1 posted in a location and manner readily viewable by a member of 25.2 the public visiting the office space. The office space must be 25.3 owned or under lease for a minimum term of one year by the 25.4 licensee. 25.5 (b) If a new or used motor vehicle dealer maintains more 25.6 than one place of doing business in a county, the separate 25.7 placesshallmust be listed on the application. If additional 25.8 places of business are maintained outside of one county, 25.9 separate licensesshallmust be obtained for each county. 25.10 (c) If a motor vehicle lessor, wholesaler, auctioneer, or 25.11 motor vehicle broker maintains more than one permanent place of 25.12 doing business, either in one or more counties, the separate 25.13 placesshallmust be listed in the application, but only one 25.14 licenseshall beis required. If a lessor proposes to sell 25.15 previously leased or rented vehicles or if a broker proposes to 25.16 establish an office at a location outside the seven-county 25.17 metropolitan area, as defined in section 473.121, subdivision 2, 25.18 other than cities of the first class, the lessor or broker must 25.19 obtain a license for each nonmetropolitan area county in which 25.20 the lessor's sales are to take place or where the broker 25.21 proposes to locate an office. 25.22 (d) If a motor vehicle dealer, lessor, wholesaler, or motor 25.23 vehicle broker does not have direct access to a public road or 25.24 street, any privately owned roadway providing access to a public 25.25 road or street must be clearly identified and adequately 25.26 maintained. 25.27 (e) A new or used motor vehicle dealer may establish a 25.28 temporary place of business outside the county where it 25.29 maintains its licensed location to sell horse trailers 25.30 exclusively without obtaining an additional license. 25.31 (f) A new or used motor vehicle dealer may establish a 25.32 temporary place of business outside the county where it 25.33 maintains its licensed location to sell recreational equipment 25.34 exclusively without obtaining an additional license if: 25.35 (1) the dealer establishes a temporary place of business 25.36 for the sale of recreational equipment not more than four times 26.1 during any calendar year; 26.2 (2) each temporary place of business other than an official 26.3 county fair or the Minnesota state fair within the seven-county 26.4 metropolitan area, as defined in section 473.121, subdivision 2, 26.5 is established jointly with at least four other recreational 26.6 equipment dealers; 26.7 (3) each temporary place of business other than an official 26.8 county fair outside the seven-county metropolitan area, as 26.9 defined in section 473.121, subdivision 2, is established 26.10 jointly with at least one other recreational equipment dealer; 26.11 (4) each establishment of a temporary place of business for 26.12 the sale of recreational equipment is for no more than 12 26.13 consecutive days; and 26.14 (5) the dealer notifies the registrar of motor vehicles of 26.15 each temporary place of business for the sale of recreational 26.16 equipment. 26.17 Subd. 11. [LICENSES; FEE.] Application for license or 26.18 notification of a change of location of a license must include a 26.19 street address, not a post office box, and is subject to the 26.20 registrar's approval. Upon the filing of an application for a 26.21 license and the proper fee, the registrar is authorized, unless 26.22 the application on its face appears to be invalid, to grant a 26.23 90-day temporary licenseand. Duringsaidthe 90-day 26.24 period following issuance of temporary license, the registrar 26.25 shall investigate the fitness of the applicant, inspect the site 26.26 and makesuchother investigation asisnecessary to insure 26.27 compliance with the licensing law. The registrar may extend the 26.28 temporary license 30 days. At the end of the period of 26.29 investigation the licenseshallmust either be granted or 26.30 denied. The license must be denied if within the previous ten 26.31 years the applicant was enjoined due to a violation of section 26.32 325F.69 or convicted of violating section 325E.14, 325E.15, 26.33 325E.16, or 325F.69, or convicted under section 609.53 of 26.34 receiving or selling stolen vehicles, or convicted of violating 26.35 United States Code, title 15, sections 1981 to 1991, as amended 26.36 through December 31, 1984, or pleaded guilty, entered a plea of 27.1 nolo contendere or no contest, or has been found guilty in a 27.2 court of competent jurisdiction of any charge of failure to pay 27.3 state or federal income or sales taxes or felony charge of 27.4 forgery, embezzlement, obtaining money under false pretenses, 27.5 theft by swindle, extortion, conspiracy to defraud, or bribery. 27.6 The license must also be denied if within the previous year the 27.7 applicant has been denied a license. A license must also be 27.8 denied if the applicant has had a dealer license revoked within 27.9 the previous ten years. If the application is approved, the 27.10 registrar shall license the applicant as a motor vehicle dealer 27.11 forthe remainder of the calendar year,one year from the date 27.12 the temporary license is granted and issue a certificate of 27.13 licensetherefor as the registrar may provide upon which shall27.14be placedthat must include a distinguishing number of 27.15 identification ofsuchthe dealer. The license must be 27.16 displayed in a prominent place in the licensed location. Each 27.17 initial application for a licenseshallmust be accompanied by a 27.18 fee of $50 in addition to the annual fee. The annual fee shall 27.19 be $100. All initial fees and annual feesshallmust be paid 27.20 into the state treasury and credited to the general fund.If27.21the initial application is received by the registrar after July27.221 of any year, the first annual fee shall be reduced by one-half.27.23 Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) A 27.24 license may be suspended or revoked by the registrar of motor 27.25 vehicles upon proof satisfactory to the registrar of any of the 27.26 following: 27.27 (1) violations of any of the provisions of this chapter or 27.28 chapter 168A, 297B, 325E, or 325F; 27.29 (2) violation of or refusal to comply with the requests and 27.30 order of the registrar; 27.31 (3) failure to make or provide to the registrar all 27.32 listings, notices, and reports required by the registrar; 27.33 (4) failure to pay to the registrar all taxes, fees, and 27.34 arrears due from and by such dealer; 27.35 (5) failure to duly apply for renewal of license provided 27.36 forhereinin this section; 28.1 (6) revocation of previous license, of which the records of 28.2 the registrar relatingthereto shall beto the revocation are 28.3 prima facie evidence ofsuchthe previous revocation; 28.4 (7) failure of continued occupancy of an established place 28.5 of business; 28.6 (8) sale of a new and unused current model motor vehicle 28.7 other than the make of motor vehicle described in the franchise 28.8 or contract filed with the original application or renewal 28.9 thereof, without permission from the registrar; 28.10 (9) sale of a new and unused current model motor vehicle to 28.11 anyone except for consumer use, or to a dealer duly licensed to 28.12 sell the same make of motor vehicle; 28.13 (10) material misstatement or misrepresentation in 28.14 application for license or renewalthereof; 28.15 (11) having advertised, printed, displayed, published, 28.16 distributed, broadcast or televised or caused or permitted to be 28.17 advertised, printed, displayed, published, distributed, 28.18 broadcast or televised in any manner whatsoever, or having made 28.19 orally any statement or representation with regard to the sale, 28.20 lease or financing of motor vehicleswhichthat is false, 28.21 deceptive or misleading; 28.22 (12) having been convicted of violating section 325F.69, or 28.23 having been enjoined due to a violation of section 325F.69; 28.24 (13) having been convicted of violating the Minnesota 28.25 Odometer Law, section 325E.14, 325E.15, or 325E.16, or the 28.26 federal odometer law, United States Code, title 15, sections 28.27 1981 to 1991, as amended through December 31, 1984; 28.28 (14) having been convicted of violating the sale of motor 28.29 vehicles on Sunday law, section 168.275; 28.30 (15) having been convicted under section 609.53 of 28.31 receiving or selling stolen vehicles; or 28.32 (16) having pleaded guilty, entered a plea of nolo 28.33 contendere or no contest, or having been found guilty in a court 28.34 of competent jurisdiction of any charge of failure to pay state 28.35 or federal income or sales taxes or felony charge of forgery, 28.36 embezzlement, obtaining money under false pretenses, theft by 29.1 swindle, extortion, conspiracy to defraud, or bribery. 29.2 (b) With respect to paragraph (a), clauses (12), (13), 29.3 (15), and (16), the registrar may suspend or revoke a license 29.4 immediately upon receiving certification of conviction or 29.5 permanent injunction. A hearing is required under subdivision 29.6 13 within 30 days following a summary suspension or revocation 29.7 under this paragraph, if a hearing is requested by the licensee. 29.8 Subd. 12a. [GROUNDS FOR CANCELLATION; NOTICE REQUIRED.] 29.9 (a) A license may be canceled by the registrar after notice to 29.10 the dealer, upon satisfactory proof that the dealer (1) has 29.11 failed to provide or maintain the required surety bond, (2) has 29.12 failed to provide or maintain the insurance required under 29.13 chapter 65B, or (3) is no longer operating at the dealer's 29.14 licensed location. 29.15 (b) Surety companies and insurers providing required 29.16 coverages shall promptly notify the registrar upon canceling any 29.17 surety bond or required insurance. The registrar shall notify 29.18 the dealer of the reason or reasons for cancellation before the 29.19 cancellation occurs. 29.20 Subd. 13. [SUSPENSION AND REVOCATION; HEARING.] (a) The 29.21 registrar of motor vehicles, upon the registrar's own motion or 29.22 upon the complaint of another, shall prepare and cause to be 29.23 served upon the licensee complained of, a written notice or 29.24 complaint setting forth, in substance, the violations charged, a 29.25 statement of the deficiencies which exist and any corrective 29.26 action deemed appropriate.SaidThe noticeshallmust include a 29.27 statement that in the event corrective action is deemed 29.28 appropriate and corrective action is not taken, the dealer's 29.29 license may be suspended or revoked. The noticeshallmust 29.30 require the licensee to appear at the time and place 29.31 fixedthereinin the notice before the registrar, and show cause 29.32 why the license should not be suspended or revoked. 29.33 (b) The registrar shall, at the time and place fixed in the 29.34 notice, proceed to hear and determine the matter on its merits. 29.35 All hearingsshallmust be conductedin accordance with the29.36provisions ofaccording to chapter 14, except that the 30.1 provisions of section 14.50,shalldo not apply. The registrar 30.2is authorized tomay subpoena witnesses and administer oaths. 30.3 If the registrarshall findfinds the existence of any of the 30.4 causes for suspension or revocation as set forth in subdivision 30.5 12 anddeterminedetermines that corrective action has not been 30.6 taken or that corrective action will not prevent repetition of 30.7 the violations charged or that the public interest will not be 30.8 served by corrective action and the licensee's license should be 30.9 suspended or revoked, the registrar shall issue a written order 30.10 setting out the decision, and. A copy ofsuchthe ordershall30.11 must be served uponsuchthe licensee in the manner provided by 30.12 law for the service of summons in a civil action. On finding 30.13 that the dealer has violated any of the provisions of this 30.14 section but that the nature ofsaidthe violation or the 30.15 circumstancesthereofare such that a suspension of the license 30.16 would be adequate, the registrar may, instead of revoking the 30.17 license suspend it for a period not exceeding 90 days. On 30.18 finding that the violation does not justify a suspension only, 30.19 the registrar shall revoke the license. Upon a suspension or 30.20 revocation, if it beof the license of a new or used motor 30.21 vehicle dealer,saidthe licensee shall immediately return to 30.22 the registrar all number plates, including any "in-transit" 30.23 plates and temporary permits, in its possession and its dealer's 30.24 license certificate. 30.25 Subd. 14. [APPEAL.] Any party or person aggrieved bysuch30.26 an order of suspension, revocation or imposition of a penalty 30.27 may seek judicial reviewpursuant to the provisions ofaccording 30.28 to chapter 14. 30.29 Subd. 15. [ENFORCEMENT.] The registraris hereby30.30authorized toshall enforce this section andis directed tomay 30.31 appointunder the registrar's hand not less thanat least seven 30.32persons amongstof the registrar'sseveralemployees,as 30.33 inspectors and investigatorsand who when so appointed, shall. 30.34 The inspectors and investigators have full authority to enforce 30.35 this section throughout the state. The registrar, the 30.36 registrar's inspectors or investigators, when traveling or 31.1 otherwise pursuing their duties outside the office of the 31.2 registrar, shall be paid for their actual expenses incurred out 31.3 of the same funds as other employees of the registrar of motor 31.4 vehicles. The inspectors shall assist licensees in compliance 31.5 with laws governing licenseesand administered hereunder. 31.6 Subd. 16. [DEALER PLATES: DISTINGUISHING NUMBER, FEE, 31.7 TAX, USE.] (a) The registrar shall issue to every motor vehicle 31.8 dealer, upon a request from the motor vehicle dealer licensed as 31.9 provided in subdivision 2 or 3, one or more plates displaying a 31.10 general distinguishing number. This subdivision does not apply 31.11 to a scrap metal processor, a used vehicle parts dealer, or a 31.12 vehicle salvage pool. The fee for each of the first four plates 31.13 is $75 percalendarregistration year, of which $60 must be paid 31.14 to the registrar and the remaining $15 is payable as sales tax 31.15 on motor vehicles under section 297B.035. For each additional 31.16 plate, the dealer shall pay the registrar a fee of $25 and a 31.17 sales tax on motor vehicles of $15 percalendarregistration 31.18 year. The registrar shall deposit the tax in the state treasury 31.19and it shallto be credited as provided in section 297B.09. 31.20 Motor vehicles, new or used, owned by the motor vehicle 31.21 dealership and bearing the number plate, except vehicles leased 31.22 to the user who is not an employee of the dealer during the term 31.23 of the lease, held for hire, or customarily used by the dealer 31.24 as a tow truck, service truck, or parts vehicle, may be driven 31.25 upon the streets and highways of this state: 31.26 (1) by the motor vehicle dealer or dealer's spouse, or any 31.27 full-time employee of the motor vehicle dealer for either 31.28 private or business purposes; 31.29 (2) by a part-time employee when the use is directly 31.30 related to a particular business transaction of the dealer; 31.31 (3) for demonstration purposes by any prospective buyer 31.32thereoffor a period of 48 hours or in the case of a truck, 31.33 truck-tractor, or semitrailer, for a period of seven days; or 31.34 (4) in a promotional event that lasts no longer than four 31.35 days in which at least three motor vehicles are involved. 31.36 (b) A new or used motor vehicle sold by the motor vehicle 32.1 dealer and bearing the motor vehicle dealer's number plate may 32.2 be driven upon the public streets and highways for a period of 32.3 72 hours by the buyer for either of the following purposes: (1) 32.4 removing the vehicle from this state for registration in another 32.5 state, or (2) permitting the buyer to use the motor vehicle 32.6 before the buyer receives number plates pursuant to 32.7 registration. Use of a motor vehicle by the buyer underthe32.8provisions ofclause (2)of the preceding sentencebefore the 32.9 buyer receives number plates pursuant to registration 32.10 constitutes a use of the public streets or highways for the 32.11 purpose of the time requirements for registration of motor 32.12 vehicles. 32.13 Subd. 17. [IN-TRANSIT PLATES; FEE.] Every licensed dealer 32.14 in motor vehicles may make application upon a blank provided by 32.15 the registrar for that purpose for dealer in-transit license 32.16 plates for use upon all new or used motor vehicles being 32.17 transported from the dealer's source of supply, or other place 32.18 of storage, to the dealer's place of business, or to another 32.19 place of storage, or from one dealer to another. The registrar 32.20 shall then issue to the dealer the number of plates as the 32.21 dealer may request, upon the payment by the dealer to the 32.22 registrar of the sum of $5 per plate percalendarregistration 32.23 year. The registrar may issue in-transit plates, upon the 32.24 payment of the sum of $5 to the registrar, to dealers duly 32.25 licensed in other states or provinces upon information furnished 32.26 in the manner as the registrar may prescribe, and which 32.27 satisfies the registrar that persons or companies applying 32.28thereforfor the plates are duly licensed dealers under the laws 32.29 of the states or provinces. 32.30 Subd. 18. [TESTIMONIAL POWERS.] The registrarshall have,32.31and is hereby granted full authority tomay issue subpoenas 32.32 requiring the attendance of witnesses before the registrar, 32.33 production of books, papers, and other documents, articles, or 32.34 instruments, and compel the disclosure bysuchwitnesses of all 32.35 facts known to them relative to the matter under investigation, 32.36 andshall have full authority tomay administer oaths and to 33.1 take testimony. All parties disobeying the orders of subpoenas 33.2 of the registrarshall beare guilty of contempt, as in 33.3 proceedings in district courts of the state and may be punished 33.4 in like manner. 33.5 Subd. 19. [VIOLATIONS.] Any person, copartnership, or 33.6 corporation, domestic or foreign, and any officer, or director, 33.7 or employee of a corporation, domestic or foreign, whoshall33.8violate or neglect, fail or refuse to comply with any of the33.9provisions of this section shall beviolates this section is 33.10 guilty of a misdemeanor. 33.11 Subd. 19a. [INJUNCTION.] The commissioner or a county 33.12 attorney may institute a civil action in the name of the state 33.13 in district court for an injunction prohibiting a violation of 33.14 this section and for civil penalties not to exceed $1,000 for 33.15 each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a. The 33.16 court, upon proper proof that the defendant has engaged in a 33.17 practice prohibited by this section, may enjoin the future 33.18 commission of that practice and award civil penalties for 33.19 violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a. It is not a 33.20 defense to an action that the state may have adequate remedies 33.21 at law. Service of process must be as in any other civil suit, 33.22 except that where a defendant in the action is a natural person 33.23 or firm residing outside the state, or is a foreign corporation, 33.24 service of process may also be made by personal service outside 33.25 the state; in the manner provided by section 5.25; or as the 33.26 court may direct. Process is valid if it satisfies the 33.27 requirements of due process of law, whether or not the defendant 33.28 is doing business in Minnesota regularly or habitually. Nothing 33.29 in this subdivision limits the rights or remedies otherwise 33.30 available to persons under common law or other statutes of this 33.31 state. 33.32 Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 33.33 This section does not apply: 33.34 (1) to any person, copartnership, or corporation engaged in 33.35 the business of selling vehicles designed to operate exclusively 33.36 over snow, motor scooters, motorized wheelchairs, utility 34.1 trailers, farm wagons, farm trailers, or farm tractors or other 34.2 farm implements, whether self-propelled or not and even though a 34.3 vehicle listed in this clause may be equipped with a trailer 34.4 hitch; or 34.5 (2) to any person licensed as a real estate broker or 34.6 salesperson pursuant to chapter 82, who engages in the business 34.7 of selling, who offers to sell, or who solicits or advertises 34.8 the sale of manufactured homes affixed to land. 34.9 (b) However, this section does apply to a person, 34.10 copartnership, or corporation described in paragraph (a) who is 34.11 also engaged in the business of selling other motor vehicles or 34.12 manufactured homes within the provisions of this section. 34.13 (c) As used in this subdivision, "utility trailer" means a 34.14 motorless vehicle, other than a boat trailer or snowmobile 34.15 trailer, equipped with one or two wheels, having a gross vehicle 34.16 weight of 4,000 pounds or less, and used for carrying property 34.17 on its own structure while being drawn by a motor vehicle. 34.18 Subd. 22. [DEALER LICENSE FOR TRAILERS, MOTORIZED 34.19 BICYCLES; PLATES, FEES; EXEMPTIONS.] Any person, copartnership, 34.20 or corporation having a permanent enclosed commercial building 34.21 or structure either owned in fee or leased and engaged in the 34.22 business, either exclusively or in addition to any other 34.23 occupation, of selling motorized bicycles, boat trailers, horse 34.24 trailers, or snowmobile trailers, may apply to the registrar for 34.25 a dealer's license. Upon payment of a $10 fee the registrar 34.26 shall license the applicant as a dealer for the remainder of the 34.27 calendar year in which the application was received.Thereafter34.28 The license may be renewed on or before the second day of 34.29 January of each succeeding year by payment of a fee of $10. The 34.30 registrar shall issue to each dealer, upon request of the 34.31 dealer, dealer plates as provided in subdivision 16 upon payment 34.32 of $5 for each plate, and the plates may be used in the same 34.33 manner and for the same purposes as is provided in subdivision 34.34 16. Except for motorized bicycle dealers, the registrar shall 34.35 also issue to the dealer, upon request of the dealer, 34.36 "in-transit" plates as provided in subdivision 17 upon payment 35.1 of a fee of $5 for each plate. This subdivisionshalldoes not 35.2be construed toabrogate any of the provisions of this 35.3 sectionas the same relatesrelating to the duties, 35.4 responsibilities, and requirements of persons, copartnerships, 35.5 or corporations engaged in the business, either exclusively or 35.6 in addition to other occupations, of selling motor vehicles or 35.7 manufactured homes, except that a seller of boat trailers, 35.8 utility trailers, or snowmobile trailers who is licensed under 35.9 this subdivision is not required to have a contract or franchise 35.10 with a manufacturer or distributor of new boat trailers, utility 35.11 trailers, or new snowmobile trailers the seller proposes to 35.12 sell, broker, wholesale, or auction. This sectionshalldoes 35.13 notbe construed torequire a manufacturer of snowmobile 35.14 trailers whose manufacturing facility is located outside of the 35.15 metropolitan area as defined in section 473.121 to have a 35.16 dealer's license to transport the snowmobile trailers to dealers 35.17 or retail outlets in the state. 35.18 Subd. 23. [REGISTRAR MAY FILE CHARGES.] The registrar or 35.19 the registrar's appointed inspectors may file charges with the 35.20 county attorney against any licensee who violates any of the 35.21 provisions of this section, including but not limited to, the 35.22 grounds for suspension or revocation set out in subdivision 12. 35.23Any violation of this section is a misdemeanor.35.24 Subd. 24. [BONDS.] All persons licensedhereunder35.25 according to this section shall keep in full force and effect a 35.26 bond with a corporate surety to be approved by the registrar of 35.27 motor vehicles in the following amountsas herein provided; in 35.28 the case of boat trailer, snowmobile trailer, horse trailer or 35.29 motorized bicycle dealers in the amount of $5,000; and as to all 35.30 other persons in the amount of $50,000. The bondshallmust be 35.31 conditioned on the faithful performance by the licensee of the 35.32 obligations imposed by the laws of this state, including the 35.33 conduct required of a licensee by this section and other 35.34 sections governing the sale or transfer of motor vehicles, and 35.35 the payment of all taxes, license fees, and penalties. The bond 35.36shallmust be for the benefit of the state of Minnesota and any 36.1 transferor, seller, or purchaser of a motor vehicle for any 36.2 monetary loss caused by failure of the licensee to meet the 36.3 obligations enumerated above. Proceedings on the forfeiture of 36.4 the bondsshallmust be commenced in the district court of the 36.5 county wherein the business of the licensed person was carried 36.6 on, or if in more than one county, the county in which the 36.7 offense occurred. This subdivision does not apply to a used 36.8 vehicle parts dealer or a scrap metal processor. 36.9 Subd. 25. [PREEMPTION OF LOCAL ORDINANCES.]It is the36.10intent and purpose of this section to establishSubdivision 24 36.11 establishes a uniform statewide system of bonding motor vehicle 36.12 dealersand the provisions of. Thissection shall supersede and36.13preemptsubdivision supersedes and preempts all bonding 36.14 requirements imposed by any local government unit. 36.15 Subd. 26. [ADVERTISING DISCLOSURE.] All advertising by a 36.16 motor vehicle dealer must disclose that the vehicle is being 36.17 offered for sale by a dealer through use of the dealership name, 36.18 the term "dealer," or the abbreviation "DLR." A classified 36.19 advertisement in a print medium must also include the dealer's 36.20 license number. 36.21 Subd. 27. [RULES.] The registrar may adopt rules under 36.22 chapter 14 to govern the issuance and regulation of dealer 36.23 licenses and dealer plates. 36.24 Sec. 10. Minnesota Statutes 2000, section 168.31, 36.25 subdivision 4, is amended to read: 36.26 Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed 36.27 under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 36.28 more than $400, the owner may pay the tax by installments. The 36.29 owner shall tender with the application for registration 36.30 one-third of the annual tax due or $400, whichever is greater, 36.31 plus any penalties or arrears, plus a fee of $10. Instead of 36.32 this fee, the applicant may furnish a bond, bank letter of 36.33 credit, or certificate of deposit approved by the registrar of 36.34 motor vehicles, for the total of the tax still due. The amount 36.35 of the bond, letter of credit, or certificate of deposit may 36.36 include any penalties assessed. The bond, letter of credit, or 37.1 certificate of deposit must be for the benefit of the state for 37.2 monetary loss caused by failure of the vehicle owner to pay 37.3 delinquent license fees and penalties. The remainder of the tax 37.4 due must be paid in two equal installments; the due date of the 37.5 first installment is the first day of the fifth month of the 37.6 registration period for which the tax is assessed and the second 37.7 installment is due on the first day of the ninth month of the 37.8 registration period for which the tax is assessed. When the 37.9 applicant elects to pay the administrative fee, the registrar 37.10 shall issue to the applicantdistinctivevalidation 37.11 stickers indicating the expiration date of a registration. When 37.12 the applicant elects to furnish a bond, bank letter, or letter 37.13 of deposit, the registrar shall issue regular validation 37.14 stickers for the registration year. If an owner of a vehicle 37.15 fails to pay an installment on or before its due date, the 37.16 vehicle must not be used on the public streets or highways in 37.17 this state until the installment or installments of the tax 37.18 remaining due on the vehicle have been paid in full for the 37.19 licensed year together with a penalty at the rate of $1 per day 37.20 for the remainder of the month in which the balance of the tax 37.21 becomes due and $4 a month for each succeeding month or fraction 37.22 of a month during which the balance of the tax remains unpaid. 37.23 Upon the payment of the balance of the tax and the penalties, 37.24 the registrar shall issue a registration certificate to the 37.25 owner of the vehicle in the manner provided by law. The 37.26 registrar shall deny installment payment privileges provided in 37.27 this subdivision in the subsequent year to any owner on any or 37.28 all vehicles of the owner who during the current year fails to 37.29 pay any installment due within one month after the due date. 37.30 Sec. 11. Minnesota Statutes 2000, section 168.33, 37.31 subdivision 6, is amended to read: 37.32 Subd. 6. [APPLICATION FORMSFURNISHED.] The registrar 37.33 shallfurnish, from time to time, to those deputy registrars not37.34equipped with electronic transmission technology, forms for37.35listing and for applications for registration, as provided37.36herein, and shall, before January first in each year, furnish to38.1those deputy registrars, and to such others as the registrar38.2shall deem advisable, charts or lists setting forth the tax to38.3which each motor vehicle is subjectprovide, in a manner and 38.4 format prescribed by the registrar, necessary forms and 38.5 information to deputy registrars. The registrar and deputy 38.6 registrars shall immediately destroy all number plates 38.7 surrendered and shall cancel all certificatessosurrendered. 38.8 Sec. 12. Minnesota Statutes 2000, section 168.33, is 38.9 amended by adding a subdivision to read: 38.10 Subd. 9. [RULES.] The commissioner of public safety may 38.11 adopt rules for administering and enforcing this section. 38.12 Sec. 13. Minnesota Statutes 2000, section 168A.01, 38.13 subdivision 2, is amended to read: 38.14 Subd. 2. [DEALER.] "Dealer" has the meaning given it in 38.15 section 168.27, subdivision 1. 38.16 Sec. 14. Minnesota Statutes 2000, section 168A.01, is 38.17 amended by adding a subdivision to read: 38.18 Subd. 2a. [DELIVER.] "Deliver" means to transmit 38.19 electronically or by other means approved by the registrar. 38.20 Sec. 15. Minnesota Statutes 2000, section 168A.01, 38.21 subdivision 24, is amended to read: 38.22 Subd. 24. [VEHICLE.] (a) "Vehicle" means every device in, 38.23 upon, or by which any person or property is or may be 38.24 transported or drawn upon a highway, excepting. 38.25 (b) The term does not include: 38.26 (1) devices moved by human power or used exclusively upon 38.27 stationary rails or tracks, but including; or 38.28 (2) vehicles not originally constructed primarily for use 38.29 on public roads and highways. 38.30 (c) The term does include motorized bicycles as defined in 38.31 section 168.011, subdivision 27. 38.32 Sec. 16. Minnesota Statutes 2000, section 168A.04, 38.33 subdivision 5, is amended to read: 38.34 Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 38.35 Except as provided in subdivision 6, if the application refers 38.36 to a specially constructed vehicle or a reconstructed vehicle, 39.1 the application shall so state and shall contain or be 39.2 accompanied by: 39.3 (1) any information and documents the department reasonably 39.4 requires to establish the ownership of the vehicle and the 39.5 existence or nonexistence and priority of security interests in 39.6 it; 39.7 (2) the certificate of a person authorized by the 39.8 department that the identifying number of the vehicle has been 39.9 inspected and found to conform to the description given in the 39.10 application, or any other proof of the identity of the vehicle 39.11 the department reasonably requires.; and 39.12 (3) at the time of application, a written certification to 39.13 the department that the vehicle to be titled meets the 39.14 requirements of chapter 169 for vehicles in its class regarding 39.15 safety and acceptability to operate on public roads and highways. 39.16 Sec. 17. Minnesota Statutes 2000, section 168A.05, 39.17 subdivision 5a, is amended to read: 39.18 Subd. 5a. [POLLUTION CONTROL EQUIPMENT DISCLOSURE.] The 39.19 certificate of title shall contain aform fordisclosure by the 39.20 transferor of the condition of the vehicle's pollution control 39.21 equipment as required by section 325E.0951. The disclosureform39.22 must be in a format as prescribed by the registrar. 39.23 Sec. 18. Minnesota Statutes 2000, section 168A.09, 39.24 subdivision 1, is amended to read: 39.25 Subdivision 1. [APPLICATION; FORM OF DUPLICATE.] In the 39.26 event a certificate of title is lost, stolen, mutilated, or 39.27 destroyed or becomes illegible, the owner or legal 39.28 representative of the owner named in the certificate may make 39.29 application to the department or deputy registrar for a 39.30 duplicateonin aformformat prescribed by the department. The 39.31 department shall issue a duplicate certificate of title if 39.32 satisfied that the applicant is entitled thereto. The duplicate 39.33 certificate of title shall be plainly marked as a duplicate and 39.34 mailed or delivered to the owner. The department shall indicate 39.35 in its records that a duplicate has been issued. As a condition 39.36 to issuing a duplicate certificate of title, the department may 40.1 require a bond from the applicant in the manner andformformat 40.2 prescribed in section 168A.07, subdivision 1, clause (2). The 40.3 duplicate certificate of title shall contain the legend: "This 40.4 duplicate certificate of title may be subject to the rights of a 40.5 person under the original certificate." 40.6 Sec. 19. Minnesota Statutes 2000, section 168A.11, 40.7 subdivision 2, is amended to read: 40.8 Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle 40.9 for which the seller does not present a certificate of title, 40.10 shall at the time of taking delivery of the vehicle executein40.11triplicatea purchase receipt for the vehicle in aformformat 40.12 designated by the department, and deliveronea copy to the 40.13 seller.When a vehicle purchased by a dealer has not been40.14resold after 21 days, the dealer shall mail, transmit, or40.15deliver one copy of the receipt to the department.In a format 40.16 and at a time prescribed by the registrar, the dealer shall 40.17 notify the registrar that the vehicle is being held for resale 40.18 by the dealer. 40.19 Sec. 20. Minnesota Statutes 2000, section 168A.12, 40.20 subdivision 1, is amended to read: 40.21 Subdivision 1. [LAST CERTIFICATE TO DEPARTMENT; 40.22 APPLICATION.] If the interest of an owner in a vehicle passes to 40.23 another other than by voluntary transfer, the transferee shall, 40.24 except as provided in subdivision 2, promptly mail or deliver to 40.25 the department the last certificate of title, if available, 40.26 proof of the transfer, and an application for a new certificate 40.27 in theformformat the department prescribes. 40.28 Sec. 21. Minnesota Statutes 2000, section 168A.12, 40.29 subdivision 2, is amended to read: 40.30 Subd. 2. [OWNER'S INTEREST TERMINATED OR VEHICLE SOLD BY 40.31 SECURED PARTY.] If the interest of the owner is terminated or 40.32 the vehicle is sold under a security agreement by a secured 40.33 party named in the certificate of title, the transferee shall 40.34 promptly mail or deliver to the department the last certificate 40.35 of title, if available, an application for a new certificate in 40.36 theformformat the department prescribes, and an affidavit made 41.1 by or on behalf of the secured party that the interest of the 41.2 owner was lawfully terminated or the vehicle sold pursuant to 41.3 the terms of the security agreement. If the secured party 41.4 succeeds to the interest of the owner and holds the vehicle for 41.5 resale, the secured party need not secure a new certificate of 41.6 title provided that a notice thereof informa format designated 41.7 by the department is mailed or delivered by the secured party to 41.8 the department in duplicate within 48 hours, but upon transfer 41.9 to another person the secured party shall promptly execute 41.10 assignment and warranty of title and mail or deliver to the 41.11 transferee or the department the certificate, if available, the 41.12 affidavit, and other documents required to be sent to the 41.13 department by the transferee. 41.14 Sec. 22. Minnesota Statutes 2000, section 168A.15, is 41.15 amended by adding a subdivision to read: 41.16 Subd. 4. [MOTORCYCLE WITH NEW ENGINE.] (a) If the 41.17 commissioner does not require that a new or amended title be 41.18 issued and stamped as reconstructed or otherwise under this 41.19 chapter for an automobile being operated with an engine that is 41.20 not its original engine, then the commissioner shall not require 41.21 that title issued for a motorcycle being operated with an engine 41.22 that is not its original engine be stamped or otherwise labeled 41.23 as reconstructed or otherwise. 41.24 (b) This subdivision does not prevent the commissioner from 41.25 requiring that a new application be completed according to 41.26 section 168A.04 and be filed with the commissioner. Upon 41.27 receipt of the completed application and the old title, and 41.28 subject to section 168A.05, subdivision 1, the commissioner 41.29 shall issue another certificate of title, which must list the 41.30 engine number, for the motorcycle with the nonoriginal engine. 41.31 Sec. 23. Minnesota Statutes 2000, section 168A.154, is 41.32 amended to read: 41.33 168A.154 [SALVAGE VEHICLE TAKEN OUT OF STATE.] 41.34 A dealer who sells a salvage vehicle to a buyer who intends 41.35 to remove the vehicle from the state shall report the sale 41.36 within ten days to the departmentonin aformformat prescribed 42.1 by the department. 42.2 Sec. 24. Minnesota Statutes 2000, section 168A.18, is 42.3 amended to read: 42.4 168A.18 [DUTIES OF PARTIES RELATING TO SECURITY INTEREST.] 42.5 If an owner creates a security interest in a vehicle: 42.6 (1) The owner shall immediately execute the application in 42.7 the space provided therefor on the certificate of title, oron42.8 in aseparate formformat the department prescribes, to name the 42.9 secured party on the certificate, showing the name and address 42.10 of the secured party, and cause the certificate, application, 42.11 and the required fees and taxes to be delivered to the secured 42.12 party. 42.13 (2) The secured party shall immediately cause the 42.14 certificate, application, and the required fees and taxes to be 42.15 mailed or delivered to the department. 42.16 (3) A second or subordinate secured party does not affect 42.17 the rights of the first secured party under a security agreement. 42.18 (4) Upon receipt of the certificate of title, application, 42.19 and the required fees and taxes, the department shall issue a 42.20 new certificate containing the name and address of the new 42.21 secured party, and mail or deliver the certificate to the 42.22 owner. The secured party or parties shall beissued a42.23notificationnotified that the security interest has been 42.24 recorded. 42.25 Sec. 25. Minnesota Statutes 2000, section 168A.19, 42.26 subdivision 2, is amended to read: 42.27 Subd. 2. [ASSIGNEE NAMED AS SECURED PARTY.] The assignee 42.28 may, but need not to perfect the assignment, have the 42.29 certificate of title endorsed or issued with the assignee named 42.30 as secured party, upon delivering to the department the 42.31 certificate and an assignment by the secured party named in the 42.32 certificate in theformformat the department prescribes 42.33 together with the required fee. 42.34 Sec. 26. Minnesota Statutes 2000, section 168A.20, 42.35 subdivision 2, is amended to read: 42.36 Subd. 2. [CERTIFICATE WITH PRIOR SECURED PARTY; RELEASE.] 43.1 Upon the satisfaction of a security interest in a vehicle for 43.2 which the certificate of title is in the possession of a prior 43.3 secured party, the secured party whose security interest is 43.4 satisfied shall within 15 days, or seven days if satisfied by a 43.5 dealer licensed under section 168.27, subdivision 2, 3, or 4, 43.6 execute a release in theformformat the department prescribes 43.7 and deliver the release to the owner or any person who delivers 43.8 to the secured party an authorization from the owner to receive 43.9 it. The secured party in possession of the certificate of title 43.10 shall either deliver the certificate to the owner, or the person 43.11 authorized by the owner, for delivery to the department, or upon 43.12 receipt of the release, mail or deliver it with the certificate 43.13 to the department, which shall release the subordinate secured 43.14 party's rights on the certificate or issue a new certificate. 43.15 Sec. 27. Minnesota Statutes 2000, section 168A.20, 43.16 subdivision 3, is amended to read: 43.17 Subd. 3. [CERTIFICATE WITH OWNER.] Upon the satisfaction 43.18 of a security interest in a vehicle for which the certificate of 43.19 title is in the possession of the owner, the secured party shall 43.20 within 15 days, or seven days if satisfied by a dealer licensed 43.21 under section 168.27, subdivision 2, 3, or 4, execute a release 43.22 of security interestonin theformformat prescribed by the 43.23 department and mail or deliver the notification with release to 43.24 the owner or any person who delivers to the secured party an 43.25 authorization from the owner to receive the release. The 43.26 secured party may notify the registrar of the satisfaction of 43.27 lien in a manner prescribed by the department. 43.28 Sec. 28. Minnesota Statutes 2000, section 168A.20, 43.29 subdivision 4, is amended to read: 43.30 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT; 43.31 RELEASE.] If the secured party is a public authority or a child 43.32 support or maintenance obligee with a lien under section 43.33 168A.05, subdivision 8, upon either the satisfaction of a 43.34 security interest in a vehicle for which the certificate of 43.35 title is in the possession of the owner, or the execution by the 43.36 owner of a written payment agreement determined to be acceptable 44.1 by the court, a child support magistrate, the public authority, 44.2 or the obligee, within 15 days, or seven days if satisfied by a 44.3 dealer licensed under section 168.27, subdivision 2, 3, or 4, 44.4 the secured party shall execute a release of security interest 44.5onin theformformat prescribed by the department and mail or 44.6 deliver the notification with release to the owner or any person 44.7 who delivers to the secured party an authorization from the 44.8 owner to receive the release. 44.9 Sec. 29. Minnesota Statutes 2000, section 168A.24, 44.10 subdivision 1, is amended to read: 44.11 Subdivision 1. [FORMS.] The department shall prescribe and 44.12 provide suitable forms of applications, certificates of title, 44.13 notices of security interests, and all other notices and forms 44.14 necessary to carry out the provisions of sections 168A.01 to 44.15 168A.31 and shall determine the format in which the forms will 44.16 appear. 44.17 Sec. 30. Minnesota Statutes 2000, section 168C.02, 44.18 subdivision 1, is amended to read: 44.19 Subdivision 1. [SCOPE.] For purposes ofLaws 1976,this 44.20 chapter199, the terms defined in this sectionshallhave the 44.21 meanings given them. 44.22 Sec. 31. Minnesota Statutes 2000, section 168C.02, 44.23 subdivision 5, is amended to read: 44.24 Subd. 5. [LICENSEPLATE.] "Licenseplate" means a tag, 44.25 plate, seal, sticker, or other devicewhichthat can be securely 44.26 attached to a bicycle and that is issued upon registration of 44.27 the bicycle. 44.28 Sec. 32. Minnesota Statutes 2000, section 168C.03, is 44.29 amended to read: 44.30 168C.03 [REGISTRATION APPLICATION.] 44.31 On or after March 1, 1977 any owner of a bicycle may apply 44.32 for registration of the bicycle to the commissioner, to any 44.33 deputy registrar of motor vehicles acting pursuant to section 44.34 168.33, or to any deputy registrar of bicycles appointed by the 44.35 commissioner pursuant to section 168C.11. Applicationsshall44.36contain the name and address of the owner, the signature of the45.1owner, the name and address of the person from whom purchased,45.2the date of purchase, the date of registration, the make, serial45.3number, and any additional information as the commissioner may45.4require. Applications shall be on a three-part form provided by45.5the commissioner. The original shall be retained by or45.6immediately forwarded to the commissioner, the second copy shall45.7be retained by the purchaser and the third copy shall be45.8retained for one year by the deputy registrar, if any, who45.9received the applicationmust be in a format prescribed by the 45.10 commissioner and contain information required by the 45.11 commissioner to license a bicycle. The commissioner shall 45.12 designate a number to be stamped or otherwise permanently 45.13 affixed on the frames of bicycles on which no serial number can 45.14 be found, or on which the number is illegible or insufficient 45.15 for identification purposes. 45.16 Sec. 33. Minnesota Statutes 2000, section 168C.04, 45.17 subdivision 1, is amended to read: 45.18 Subdivision 1. [THREE-YEAR REGISTRATION FEE; PROCEDURES.] 45.19 The registration fee for bicyclesshall beis $9 after July 1, 45.20 1991. These feesshallmust be paid at the time of registration. 45.21 The fees, and any donations in excess of the fees, must be 45.22 deposited in a bicycle transportation account in the special 45.23 revenue fund. Proof ofpurchaseownership is required for 45.24 registration. Bicycles lacking proof ofpurchaseownership may 45.25 be registered if there is no evidence that the bicycle is 45.26 stolen.However, the registration record must be marked to45.27indicate that no proof of purchase was provided.The 45.28 registration is valid for three calendar years. A person 45.29 registering a bicycle may add an additional amount to the 45.30 registration fee, and all amounts so added must be deposited in 45.31 the same manner as registration fees. A person registering a 45.32 bicycle must, at the time of registration, be informed that a 45.33 registrant may add an additional amount to the fee and that all 45.34 such additional amounts will be used for the purposes specified 45.35 in subdivision 2. 45.36 Sec. 34. Minnesota Statutes 2000, section 168C.05, is 46.1 amended to read: 46.2 168C.05 [REPORT OF TRANSFER.] 46.3 Every person who sells or transfers ownership of any 46.4 bicycle registered pursuant toLaws 1976,this chapter199shall 46.5 report the sale or transfer to the commissioner, indicating the46.6name and address of the person to whom the bicycle was sold or46.7transferred. The report shall be madewithin 14 days of the 46.8 sale or transfer. The report of sale must include the 46.9 information required by the commissioner and be in the format 46.10 prescribed by the commissioner. 46.11 Sec. 35. Minnesota Statutes 2000, section 168C.06, is 46.12 amended to read: 46.13 168C.06 [NOTIFICATION OF CHANGE OF ADDRESS.] 46.14 Upon moving or change of address, the owner of a bicycle 46.15 registered pursuant toLaws 1976,this chapter199shall notify 46.16 the commissioner inwritingthe format and manner prescribed by 46.17 the commissioner of the new address within 14 days. 46.18 Sec. 36. Minnesota Statutes 2000, section 168C.07, is 46.19 amended to read: 46.20 168C.07 [LICENSEPLATES.] 46.21 The commissioner shall provide to the registrant a suitable 46.22 registration cardhavingthat has the registration number 46.23 stampedthereonon the card andindicatingthat indicates the 46.24 date of registration, the make and serial number of the bicycle, 46.25 the owner's name and address, and any additional information as 46.26 the commissioner may require. The commissioner shall retain 46.27 information concerning each registrationshall be retained by46.28the commissioner. The commissioner shall issue a licenseplate, 46.29 whichshallmust be securely attached to the bicycle covered by 46.30 the registration. Upon a satisfactory showing that the license 46.31plateor registration card has been lost or destroyed, the 46.32 commissioner shall issue a replacement licenseplateor 46.33 registration card upon payment of a fee of $1. All fees so 46.34 collectedshallmust be deposited to the general fund. 46.35 Sec. 37. Minnesota Statutes 2000, section 168C.08, is 46.36 amended to read: 47.1 168C.08 [ALTERING SERIAL NUMBER; PENALTY.] 47.2NoA person shall not willfully remove, destroy, mutilate 47.3 or otherwise alter the serial number or equivalent number of any 47.4 bicycle designated by the commissioner pursuant to section 47.5 168C.03.NoA person shall not willfully remove, destroy, 47.6 mutilate, or otherwise alter any licenseplateduring the time 47.7 in which the licenseplateis operative. Any person who 47.8 violatesthe provisions ofthis section is guilty of a 47.9 misdemeanor. 47.10 Sec. 38. Minnesota Statutes 2000, section 168C.09, is 47.11 amended to read: 47.12 168C.09 [THEFT; PENALTY.] 47.13 Subdivision 1. [REPORTS; ENTRY INTO CRIME INFORMATION 47.14 CENTER.] The local law enforcement agency shall report the theft 47.15 of all bicycles registered pursuant toLaws 1976,this chapter 47.16199to the department of public safety within five days. 47.17 Reports of the stolen bicyclesshallmust be entered in the 47.18 Minnesota crime information center of the department of public 47.19 safety. When the stolen bicycle has been recovered by a local 47.20 law enforcement agency, the agency shall report the recovery to 47.21 the department of public safety within five days of the recovery 47.22 in the format and manner prescribed by the commissioner. 47.23 Subd. 2. [RECORDS.] The commissioner shall maintain a 47.24 record of all bicycles registered pursuant toLaws 1976,this 47.25 chapter199in the state in an automated system. The records 47.26shallmust be available to all authorized law enforcement 47.27 agencies through the Minnesota crime information center. 47.28 Subd. 3. [VIOLATION AND PENALTY.] Any person who knowingly 47.29 sells or offers for sale a bicycle registered underLaws47.301976,this chapter199 whichthat is not owned by that person or 47.31 a family member is guilty of theft and subject to punishment 47.32 under section 609.52, subdivision 3. 47.33 Sec. 39. Minnesota Statutes 2000, section 168C.11, is 47.34 amended to read: 47.35 168C.11 [DEPUTY REGISTRARS OF BICYCLES.] 47.36 Subdivision 1. [APPOINTMENT.] Subject tothe provisions of48.1 subdivision 2, the commissioner shall appoint as deputy 48.2 registrars of bicycles any bicycle dealer, or agent or employee 48.3thereofof the dealer, or agent or employee of a nonprofit 48.4 organization promoting bicycling or in whose activities 48.5 bicycling plays an integral part, or an agent or employee 48.6 designated by a municipality that sells bicycles at public 48.7 auction who applies for appointment in a manner prescribed by 48.8 the commissioner; provided that concurrently there may be no 48.9 more than one deputy for each separate place of business of a 48.10 bicycle dealer. Deputy registrars of bicycles shall act as 48.11 agents of the commissioner and may accept registrations as 48.12 provided inLaws 1976,this chapter199, except that no deputy48.13registrar of bicycles shall be required to register bicycles48.14sold by other bicycle dealers. The commissioner, deputy 48.15 registrars of motor vehicles, and deputy registrars of bicycles 48.16 may charge and retain an additional $1 per registration granted 48.17 for their services. In the case of a deputy registrar of motor 48.18 vehicles, the $1shallmust be deposited in the treasury of the 48.19 place for which the deputy registrar is appointed, or if not a 48.20 public official the deputy registrar shall retain the filing 48.21 fee. Other registration fees collected by the commissioner, 48.22 deputy registrars of motor vehicles, and deputy registrars of 48.23 bicyclesshallmust be processed, accounted for, and transmitted 48.24 to the state treasurer as required by the commissioner. 48.25 Subd. 2. [DENIAL, SUSPENSION OR REVOCATION OF 48.26 APPOINTMENT.] The commissioner, without prior notice or hearing, 48.27 may issue an order denying, suspending, or revoking any 48.28 appointment made or applied for pursuant to this section upon 48.29 finding that the applicant or deputy registrar of bicycles has 48.30 violated or failed to comply with any provision ofLaws 1976,48.31 this chapter199or any rule adoptedhereunderunder the 48.32 authority of this chapter. Upon the entry of such an order, the 48.33 commissioner shall promptly serve a copythereofof the order on 48.34 the applicant or deputy registrar of bicycles. The ordershall48.35 must state the reasons for its issuance and, in the case of a 48.36 suspension or revocation of appointment,shallmust specify that 49.1 upon the written request of the deputy registrar of bicycles the 49.2 matter will be set for hearing within 15 days after the receipt 49.3 of the request,; provided, that with the consent of the deputy 49.4 registrar of bicycles a hearing may be held subsequent to the 49.5 expiration of the 15-day periodspecified herein. If no hearing 49.6 is requested, the orderwill remainremains in effect until it 49.7 is modified or vacated by the commissioner. If a hearing is 49.8 requested, the commissioner, after notice and hearing in 49.9 accordance withthe provisions ofchapter 14, shall affirm, 49.10 modify, or vacate the order. 49.11 Sec. 40. Minnesota Statutes 2000, section 168C.12, is 49.12 amended to read: 49.13 168C.12 [ADMINISTRATION; RULES.] 49.14 The commissioner shall adopt rules for the implementation 49.15 and administration ofLaws 1976,this chapter199 no later than49.16March 1, 1977. The commissioner shall begin to accept49.17registrations and implement Laws 1976, chapter 199 on March 1,49.181977. Nothingherein shall be construed to preventin this 49.19 chapter prevents the commissioner from contracting any service 49.20 provided underLaws 1976,this chapter199to any private person 49.21 or entity or other unit of government. 49.22 Sec. 41. Minnesota Statutes 2000, section 168C.13, 49.23 subdivision 1, is amended to read: 49.24 Subdivision 1. [BICYCLE REGISTRATION POWERS OF POLITICAL 49.25 SUBDIVISION.]After February 28, 1977,No political subdivision 49.26 may license or register bicycles except as a deputy registrar 49.27 pursuant to section 168C.11, subdivision 1. However, any 49.28 political subdivisionwhich had such power prior tothat had the 49.29 power of a deputy registrar before March 1, 1977, may thereafter 49.30 require that any or all bicycles used or ridden upon any 49.31 highway, street, alley, sidewalk, or other public way, or 49.32 property within the boundariesthereof shallof the public way, 49.33 must be registered. Applications for new registrations required 49.34 pursuant to this subdivisionshallmust be made to the 49.35 commissioner in the same manner and subject to the same rules, 49.36 fees, and penalties as those made voluntarily pursuant to 50.1 section 168C.03. 50.2 Sec. 42. Minnesota Statutes 2000, section 169.06, is 50.3 amended by adding a subdivision to read: 50.4 Subd. 9. [AFFIRMATIVE DEFENSE RELATING TO UNCHANGING 50.5 TRAFFIC CONTROL SIGNAL.] (a) A person operating a motorcycle who 50.6 violates subdivision 4 by entering or crossing an intersection 50.7 controlled by a traffic-control signal against a red light has 50.8 an affirmative defense to that charge if the person establishes 50.9 all of the following conditions: 50.10 (1) the motorcycle has been brought to a complete stop; 50.11 (2) the traffic-control signal continues to show a red 50.12 light for an unreasonable time; 50.13 (3) the traffic-control signal is apparently malfunctioning 50.14 or, if programmed or engineered to change to a green light only 50.15 after detecting the approach of a motor vehicle, the signal has 50.16 apparently failed to detect the arrival of the motorcycle; and 50.17 (4) no motor vehicle or person is approaching on the street 50.18 or highway to be crossed or entered or is so far away from the 50.19 intersection that it does not constitute an immediate hazard. 50.20 (b) The affirmative defense in this subdivision applies 50.21 only to a violation for entering or crossing an intersection 50.22 controlled by a traffic-control signal against a red light and 50.23 does not provide a defense to any other civil or criminal action. 50.24 Sec. 43. Minnesota Statutes 2000, section 169.26, 50.25 subdivision 1, is amended to read: 50.26 Subdivision 1. [REQUIREMENTS.] (a) Except as provided in 50.27 section 169.28, subdivision 1, when any person driving a vehicle 50.28 approaches a railroad grade crossing under any of the 50.29 circumstances stated in this paragraph, the driver shall stop 50.30 the vehicle not less than ten feet from the nearest railroad 50.31 track and shall not proceed until safe to do so. These 50.32 requirements apply when: 50.33 (1) a clearly visible electric or mechanical signal device 50.34 warns of the immediate approach of a railroad train; or 50.35 (2) an approaching railroad train is plainly visible and is 50.36 in hazardous proximity. 51.1 (b) The fact that a moving train approaching a railroad 51.2 grade crossing is visible from the crossing is prima facie 51.3 evidence that it is not safe to proceed. 51.4 (c) The driver of a vehicle shall stop and remain stopped 51.5 and not traverse the grade crossing when a human flagger signals 51.6 the approach or passage of a train or when a crossing gate is 51.7 lowered warning of the immediate approach or passage of a 51.8 railroad train. No person may drive a vehicle past a flagger at 51.9 a railroad crossing until the flagger signals that the way is 51.10 clear to proceed or drive a vehicle past a lowered crossing gate. 51.11 Sec. 44. Minnesota Statutes 2000, section 169.28, 51.12 subdivision 1, is amended to read: 51.13 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 51.14 motor vehicle carrying passengers for hire, or of any school bus 51.15 whether carrying passengers or not, or of any Head Start bus 51.16 whether carrying passengers or not, or of any vehiclecarrying51.17explosive substances or flammable liquids, or liquid gas under51.18pressure as a cargo or part of a cargothat is required to stop 51.19 at railroad grade crossings under Code of Federal Regulations, 51.20 title 49, section 392.10, before crossing at grade any track or 51.21 tracks of a railroad, shall stop the vehicle not less thanten51.22 15 feet nor more than 50 feet from the nearest rail of the 51.23 railroad and while so stopped shall listen and look in both 51.24 directions along the track for any approaching train, and for 51.25 signals indicating the approach of a train, except as 51.26 hereinafter provided, and shall not proceed until safe to do 51.27 so. The driver must not shift gears while crossing the railroad 51.28 tracks. 51.29 (b) A school bus or Head Start bus shall not be flagged 51.30 across railroad grade crossings except at those railroad grade 51.31 crossings that the local school administrative officer may 51.32 designate. 51.33 Sec. 45. Minnesota Statutes 2001 Supplement, section 51.34 169.781, subdivision 2, is amended to read: 51.35 Subd. 2. [INSPECTION REQUIRED.] It is unlawful for a 51.36 person to operate or permit the operation of: 52.1 (1) a commercial motor vehicle registered in Minnesota; or 52.2 (2) special mobile equipment as defined in section 168.011, 52.3 subdivision 22, and which is self-propelled, if it is mounted on 52.4 a commercial motor vehicle chassis,including, but not limited52.5to, a mobile crane, a water well-drilling rig, and a52.6concrete-placement pumper,52.7 unless the vehicle displays a valid safety inspection decal 52.8 issued by an inspector certified by the commissioner, or the 52.9 vehicle carries (1) proof that the vehicle complies with federal 52.10 motor vehicle inspection requirements for vehicles in interstate 52.11 commerce, and (2) a certificate of compliance with federal 52.12 requirements issued by the commissioner under subdivision 9. 52.13 Sec. 46. Minnesota Statutes 2001 Supplement, section 52.14 169.79, subdivision 3, is amended to read: 52.15 Subd. 3. [MOTORCYCLEREAR DISPLAY OF SINGLE PLATE.] If the 52.16 vehicle is a motorcycle, motor scooter, motorized bicycle, 52.17 motorcycle sidecar, trailer registered at greater than 3,000 52.18 pounds gross vehicle weight (GVW), semitrailer, or vehicle 52.19 displaying a dealer plate, then one license plate must be 52.20 displayed on the rear of the vehicle. 52.21 Sec. 47. Minnesota Statutes 2001 Supplement, section 52.22 169.79, is amended by adding a subdivision to read: 52.23 Subd. 3a. [SMALL TRAILER.] If the vehicle is a trailer 52.24 with 3,000 pounds or less GVW with lifetime registration, the 52.25 numbered plate or sticker must be adhered to the side of the 52.26 trailer frame tongue near the hitch. 52.27 Sec. 48. Minnesota Statutes 2001 Supplement, section 52.28 169.79, subdivision 8, is amended to read: 52.29 Subd. 8. [PLATE REGISTRATION STICKERS.] License plates 52.30 issued to vehicles registered under section 168.017 must display 52.31 the month of expiration in the lower left corner as viewed 52.32 facing the plate and the year of expiration in the lower right 52.33 corner as viewed facing the plate. License plates issued to 52.34 vehicles registered under section 168.127 must display either 52.35 fleet registration validation stickers in the lower right corner 52.36 as viewed facing the plates or distinctive license plates, 53.1 issued by the registrar, with "FLEET REG"embosseddisplayed on 53.2 the bottom center portion of the plate. 53.3 Sec. 49. Minnesota Statutes 2000, section 169.974, 53.4 subdivision 5, is amended to read: 53.5 Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle 53.6 shall ride only upon a permanent and regular seat which is 53.7 attached to the vehicle for that purpose. No other person shall 53.8 ride on a motorcycle; except that passengers may ride upon a 53.9 permanent and regular operator's seat if designed for two 53.10 persons, or upon additional seats attached to the vehicle to the 53.11 rear of the operator's seat, or in a sidecar attached to the 53.12 vehicle; provided, however, that the operator of a motorcycle 53.13 shall not carry passengers in a number in excess of the designed 53.14 capacity of the motorcycle or sidecar attached to it. No 53.15 passenger shall be carried in a position that will interfere 53.16 with the safe operation of the motorcycle or the view of the 53.17 operator. 53.18 (b) No person shall ride upon a motorcycle as a passenger 53.19 unless, when sitting astride the seat, the person can reach the 53.20 foot rests with both feet. 53.21 (c) No person, except passengers of sidecars or drivers and 53.22 passengers of three-wheeled motorcycles, shall operate or ride 53.23 upon a motorcycle except while sitting astride the seat, facing 53.24 forward, with one leg on either side of the motorcycle. 53.25 (d) No person shall operate a motorcycle while carrying 53.26 animals, packages, bundles, or other cargo which prevent the 53.27 person from keeping both hands on the handlebars. 53.28 (e) No person shall operate a motorcycle between lanes of 53.29 moving or stationary vehicles headed in the same direction, nor 53.30 shall any person drive a motorcycle abreast of or overtake or 53.31 pass another vehicle within the same traffic lane, except that 53.32 motorcycles may, with the consent of both drivers, be operated 53.33 not more than two abreast in a single traffic lane. 53.34 (f) Motor vehicles including motorcycles are entitled to 53.35 the full use of a traffic lane and no motor vehicle may be 53.36 driven or operated in a manner so as to deprive a motorcycle of 54.1 the full use of a traffic lane. 54.2 (g) A person operating a motorcycle upon a roadway must be 54.3 granted the rights and is subject to the duties applicable to a 54.4 motor vehicle as provided by law, except as to those provisions 54.5 which by their nature can have no application. 54.6 (h) Paragraph (e) of this subdivision does not apply to 54.7 police officers in the performance of their official duties. 54.8 (i) No person shall operate a motorcycle on a street or 54.9 highway unless the headlight or headlights are lighted at all 54.10 times the motorcycle is so operated. 54.11 (j) A person parking a motorcycle on the roadway of a 54.12 street or highway must: 54.13 (1) if parking in a marked parking space, park the 54.14 motorcycle completely within the marked space; and 54.15 (2) park the motorcycle in such a way that the front of the 54.16 motorcycle is pointed or angled toward the nearest lane of 54.17 traffic to the extent practicable and necessary to allow the 54.18 operator to (i) view any traffic in both directions of the 54.19 street or highway without having to move the motorcycle into a 54.20 lane of traffic and without losing balance or control of the 54.21 motorcycle, and (ii) ride the motorcycle forward and directly 54.22 into a lane of traffic when the lane is sufficiently clear of 54.23 traffic. 54.24 Sec. 50. Minnesota Statutes 2000, section 171.02, 54.25 subdivision 1, is amended to read: 54.26 Subdivision 1. [LICENSE REQUIRED.]No person,Exceptthose54.27hereinafterwhen expressly exempted, a person shall not 54.28 driveanya motor vehicle uponanya street or highway in this 54.29 state unlesssuchthe person has a license valid underthe54.30provisions ofthis chapter for the type or class of vehicle 54.31 being driven.No personThe department shallreceivenot issue 54.32 a driver's license to a person unless and until the person's 54.33 license from any jurisdiction has been invalidatedby the54.34department. The department shall provide to the issuing 54.35 department of any jurisdiction, information that the licensee is 54.36 now licensed in Minnesota.NoA personshall beis not 55.1 permitted to have more than one valid driver's license at any 55.2 time.NoThe department shall not issue to a person to whom a 55.3 current Minnesota identification card has been issuedmay55.4receivea driver's license, other than an instruction permit or 55.5 a limited license, unless the person's Minnesota identification 55.6 card has been invalidatedby the department. 55.7 Sec. 51. Minnesota Statutes 2000, section 171.02, 55.8 subdivision 5, is amended to read: 55.9 Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] 55.10 Pursuant to the waiver authorization set forth in Public Law 55.11 Number 104-59, section 345 (a)(5), a person who operates a 55.12 commercial motor vehicle for the purpose of removing snow or ice 55.13 from a roadway by plowing, salting, or sanding is not required 55.14 to hold a commercial driver's license if the person: 55.15 (1) is an employee of a local unit of government with a 55.16 population of 3,000 or less; 55.17 (2) is operating within the boundaries of the local unit of 55.18 government; 55.19 (3) holds a valid class D driver's licenseauthorizing the55.20operation of class B vehicles; and 55.21 (4) except in the event of a lawful strike, is temporarily 55.22 replacing the employee who normally operates the vehicle but 55.23 either is unable to operate the vehicle or is in need of 55.24 additional assistance due to a snow emergency as determined by 55.25 the local unit of government. 55.26 Sec. 52. Minnesota Statutes 2000, section 171.04, 55.27 subdivision 1, is amended to read: 55.28 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 55.29 shall not issue a driver's license: 55.30 (1) to any person under 18 years unless: 55.31 (i) the applicant is 16 or 17 years of age and has a 55.32 previously issued valid license from another state or country or 55.33 the applicant has, for the 12 consecutive months preceding 55.34 application, held a provisional license and during that time has 55.35 incurred (A) no conviction for a violation of section 169A.20, 55.36 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no 56.1 conviction for a crash-related moving violation, and (C) not 56.2 more than one conviction for a moving violation that is not 56.3 crash related. "Moving violation" means a violation of a 56.4 traffic regulation but does not include a parking violation, 56.5 vehicle equipment violation, or warning citation; 56.6 (ii) the application for a license is approved by (A) 56.7 either parent when both reside in the same household as the 56.8 minor applicant or, if otherwise, then (B) the parent or spouse 56.9 of the parent having custody or, in the event there is no court 56.10 order for custody, then (C) the parent or spouse of the parent 56.11 with whom the minor is living or, if subitems (A) to (C) do not 56.12 apply, then (D) the guardian having custody of the minor or, in 56.13 the event a person under the age of 18 has no living father, 56.14 mother, or guardian, or is married or otherwise legally 56.15 emancipated, then (E) the minor's adult spouse, adult close 56.16 family member, or adult employer; provided, that the approval 56.17 required by this item contains a verification of the age of the 56.18 applicant and the identity of the parent, guardian, adult 56.19 spouse, adult close family member, or adult employer; and 56.20 (iii) the applicant presents a certification by the person 56.21 who approves the application under item (ii), stating that the 56.22 applicant has driven a motor vehicle accompanied by and under 56.23 supervision of a licensed driver at least 21 years of age for at 56.24 least ten hours during the period of provisional licensure; 56.25 (2) to any person who is 18 years of age or younger, unless 56.26 the person has applied for, been issued, and possessed the 56.27 appropriate instruction permit for a minimum of six months, and, 56.28 with respect to a person under 18 years of age, a provisional 56.29 license for a minimum of 12 months; 56.30 (3) to any person who is 19 years of age or older, unless 56.31 that person has applied for, been issued, and possessed the 56.32 appropriate instruction permit for a minimum of three months; 56.33 (4) to any person whose license has been suspended during 56.34 the period of suspension except that a suspended license may be 56.35 reinstated during the period of suspension upon the licensee 56.36 furnishing proof of financial responsibility in the same manner 57.1 as provided in the Minnesota No-Fault Automobile Insurance Act; 57.2 (5) to any person whose license has been revoked except 57.3 upon furnishing proof of financial responsibility in the same 57.4 manner as provided in the Minnesota No-Fault Automobile 57.5 Insurance Act and if otherwise qualified; 57.6 (6) to any drug-dependent person, as defined in section 57.7 254A.02, subdivision 5; 57.8 (7) to any person who has been adjudged legally incompetent 57.9 by reason of mental illness, mental deficiency, or inebriation, 57.10 and has not been restored to capacity, unless the department is 57.11 satisfied that the person is competent to operate a motor 57.12 vehicle with safety to persons or property; 57.13 (8) to any person who is required by this chapter to take a 57.14 vision, knowledge, or road examination, unless the person has 57.15 successfully passed the examination. An applicant who fails 57.16 four road tests must complete a minimum of six hours of 57.17 behind-the-wheel instruction with an approved instructor before 57.18 taking the road test again; 57.19 (9) to any person who is required under the Minnesota 57.20 No-Fault Automobile Insurance Act to deposit proof of financial 57.21 responsibility and who has not deposited the proof; 57.22 (10) to any person when the commissioner has good cause to 57.23 believe that the operation of a motor vehicle on the highways by 57.24 the person would be inimical to public safety or welfare; 57.25 (11) to any person when, in the opinion of the 57.26 commissioner, the person is afflicted with or suffering from a 57.27 physical or mental disability or disease that will affect the 57.28 person in a manner as to prevent the person from exercising 57.29 reasonable and ordinary control over a motor vehicle while 57.30 operating it upon the highways; 57.31 (12) to a person who is unable to read and understand 57.32 official signs regulating, warning, and directing traffic; 57.33 (13) to a child for whom a court has ordered denial of 57.34 driving privileges under section 260C.201, subdivision 1, or 57.35 260B.235, subdivision 5, until the period of denial is 57.36 completed; or 58.1 (14) to any person whose license has been canceled, during 58.2 the period of cancellation. 58.3 Sec. 53. Minnesota Statutes 2000, section 171.05, 58.4 subdivision 2, is amended to read: 58.5 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 58.6 Notwithstanding any provision in subdivision 1 to the contrary, 58.7 the department may issue an instruction permit to an applicant 58.8 who is 15, 16, or 17 years of age and who: 58.9 (1) has completed a course of driver education in another 58.10 state, has a previously issued valid license from another state, 58.11 or is enrolled in either: 58.12 (i) a public, private, or commercial driver education 58.13 program that is approved by the commissioner of public safety 58.14 and that includes classroom and behind-the-wheel training; or 58.15 (ii) an approved behind-the-wheel driver education program 58.16 when the student is receiving full-time instruction in a home 58.17 school within the meaning of sections 120A.22 and 120A.24, the 58.18 student is working toward a home-school diploma, the student's 58.19 status as a home-school student has been certified by the 58.20 superintendent of the school district in which the student 58.21 resides, and the student is taking home-classroom driver 58.22 training with classroom materials approved by the commissioner 58.23 of public safety; 58.24 (2) has completed the classroom phase of instruction in the 58.25 driver education program; 58.26 (3) has passed a test of the applicant's eyesight; 58.27 (4) has passed a department-administered test of the 58.28 applicant's knowledge of traffic laws; 58.29 (5) has completed the required application, which must be 58.30 approved by (i) either parent when both reside in the same 58.31 household as the minor applicant or, if otherwise, then (ii) the 58.32 parent or spouse of the parent having custody or, in the event 58.33 there is no court order for custody, then (iii) the parent or 58.34 spouse of the parent with whom the minor is living or, if items 58.35 (i) to (iii) do not apply, then (iv) the guardian having custody 58.36 of the minor or, in the event a person under the age of 18 has 59.1 no living father, mother, or guardian, or is married or 59.2 otherwise legally emancipated, then (v) the applicant's adult 59.3 spouse, adult close family member, or adult employer; provided, 59.4 that the approval required by this clause contains a 59.5 verification of the age of the applicant and the identity of the 59.6 parent, guardian, adult spouse, adult close family member, or 59.7 adult employer; and 59.8 (6) has paid the fee required in section 171.06, 59.9 subdivision 2. 59.10 (b) The instruction permit is valid for one year from the 59.11 date of application and may be renewed upon payment of a fee 59.12 equal to the fee for issuance of an instruction permit under 59.13 section 171.06, subdivision 2. 59.14 Sec. 54. Minnesota Statutes 2000, section 171.055, 59.15 subdivision 1, is amended to read: 59.16 Subdivision 1. [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 59.17 The department may issue a provisional license, which must be 59.18 distinctive in appearance from a driver's license, to an 59.19 applicant who: 59.20 (1) has reached the age of 16 years; 59.21 (2) during the six months immediately preceding the 59.22 application for the provisional license has possessed an 59.23 instruction permit and has incurred (i) no convictions for a 59.24 violation of section 169A.20, 169A.33, 169A.35, or sections 59.25 169A.50 to 169A.53, (ii) no convictions for a crash-related 59.26 moving violation, and (iii) no convictions for a moving 59.27 violation that is not crash related; 59.28 (3) has successfully completed a course of driver education 59.29 in accordance with department rules; 59.30 (4) completes the required application, which must be 59.31 approved by (i) either parent when both reside in the same 59.32 household as the minor applicant or, if otherwise, then (ii) the 59.33 parent or spouse of the parent having custody or, in the event 59.34 there is no court order for custody, then (iii) the parent or 59.35 spouse of the parent with whom the minor is living or, if items 59.36 (i) to (iii) do not apply, then (iv) the guardian having custody 60.1 of the minor or, in the event a person under the age of 18 has 60.2 no living father, mother, or guardian, or is married or 60.3 otherwise legally emancipated, then (v) the applicant's adult 60.4 spouse, adult close family member, or adult employer; provided, 60.5 that the approval required by this clause contains a 60.6 verification of the age of the applicant and the identity of the 60.7 parent, guardian, adult spouse, adult close family member, or 60.8 adult employer; 60.9 (5) presents certification by the person who approves the 60.10 application under clause (4) stating that the applicant has 60.11 driven a motor vehicle accompanied by and under the supervision 60.12 of a licensed driver at least 21 years of age, for no less than 60.13 30 hours, at least ten of which were nighttime hours; and 60.14 (6) pays the fee required in section 171.06, subdivision 2. 60.15 (b) For purposes of this section, "moving violation" has 60.16 the meaning given it in section 171.04, subdivision 1. 60.17 Sec. 55. Minnesota Statutes 2000, section 171.06, 60.18 subdivision 1, is amended to read: 60.19 Subdivision 1. [FORMS OF APPLICATION.] Every application 60.20 for a Minnesota identification card, for an instruction permit, 60.21 for a provisional license, or for a driver's licenseshallmust 60.22 be madeuponin aform furnishedformat approved by the 60.23 department, and every applicationshallmust be accompanied by 60.24 the proper fee.All applications shall be signed in the60.25presence of the person authorized to accept the applications, or60.26the signature on the application may be verified by a notary60.27public.All first-time applications and change of status 60.28 applications must be signed in the presence of the person 60.29 authorized to accept the application, or the signature on the 60.30 application may be verified by a notary public. All 60.31 applications requiring evidence of legal presence in the United 60.32 States must be signed in the presence of the person authorized 60.33 to accept the application, or the signature on the application 60.34 may be verified by a notary public. 60.35 Sec. 56. Minnesota Statutes 2000, section 171.06, 60.36 subdivision 3, is amended to read: 61.1 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 61.2 An application must: 61.3 (1) state the full name, date of birth, sex, and residence 61.4 address of the applicant,; 61.5 (2) as may be required by the commissioner, contain a 61.6 description of the applicantin such manner as the commissioner61.7may require, and must state whether or not the applicant has61.8theretofore been licensed as a driver; and, if so, when and by61.9what state or country and whether any such license has ever been61.10suspended or revoked, or whether an application has ever been61.11refused; and, if so, the date of and reason for such suspension,61.12revocation, or refusal, together with suchand any other facts 61.13 pertaining to the applicant, the applicant's driving privileges, 61.14 and the applicant's ability to operate a motor vehicle with 61.15 safetyas may be required by the commissioner. An application; 61.16 (3) for a class C, class B, or class A driver's license 61.17also must, state the applicant's social security number. An61.18applicationor, for a class D driver's licensemust, have a 61.19 space for the applicant's social security number and state that 61.20 providing the number is optional, or otherwise convey that the 61.21 applicant is not required to enter the social security number.61.22The application form must; 61.23 (4) contain a space where the applicant may indicate a 61.24 desire to make an anatomical gift according to paragraph (b); 61.25 and 61.26 (5) contain a notification to the applicant of the 61.27 availability of a living will/health care directive designation 61.28 on the license under section 171.07, subdivision 7. 61.29 (b) If the applicant does not indicate a desire to make an 61.30 anatomical gift when the application is made, the applicant must 61.31 be offered a donor document in accordance with section 171.07, 61.32 subdivision 5. The applicationformmust contain statements 61.33 sufficient to comply with the requirements of the Uniform 61.34 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 61.35 that execution of the application or donor document will make 61.36 the anatomical gift as provided in section 171.07, subdivision 62.1 5, for those indicating a desire to make an anatomical 62.2 gift.The application form must contain a notification to the62.3applicant of the availability of a living will/health care62.4directive designation on the license under section 171.07,62.5subdivision 7. The application must be in the form prepared by62.6the commissioner.The application must be accompanied by 62.7 information describing Minnesota laws regarding anatomical gifts 62.8 and the need for and benefits of anatomical gifts. 62.9(b)(c) The applicationformmust be accompanied also by 62.10a pamphletinformation containing relevant facts relating to: 62.11 (1) the effect of alcohol on driving ability; 62.12 (2) the effect of mixing alcohol with drugs; 62.13 (3) the laws of Minnesota relating to operation of a motor 62.14 vehicle while under the influence of alcohol or a controlled 62.15 substance; and 62.16 (4) the levels of alcohol-related fatalities and accidents 62.17 in Minnesota and of arrests for alcohol-related violations. 62.18(c) The application form must also be accompanied by a62.19pamphlet describing Minnesota laws regarding anatomical gifts62.20and the need for and benefits of anatomical gifts.62.21 Sec. 57. Minnesota Statutes 2001 Supplement, section 62.22 171.07, subdivision 1, is amended to read: 62.23 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment 62.24 of the required fee, the department shall issue to every 62.25 qualifying applicant a license designating the type or class of 62.26 vehicles the applicant is authorized to drive as applied for. 62.27 This license must bear a distinguishing number assigned to the 62.28 licensee, the full name, date of birth, residence address and 62.29 permanent mailing address if different, a description of the 62.30 licensee insucha manner as the commissioner deems necessary, 62.31 anda space upon which the licensee shall writethe usual 62.32 signatureand the date of birthof the licensee. No license is 62.33 validuntil it has been signed byunless it bears the usual 62.34 signature of the licensee.Except in the case of an instruction62.35permit,Every license must bear a colored photograph or an 62.36 electronically produced image of the licensee. 63.1 (b) Every license issued to an applicant under the age of 63.2 21 must be of a distinguishing color and plainly marked 63.3 "Under-21." 63.4 (c) The department shall usesuch process orprocesses in 63.5the issuance of licensesissuing a license that 63.6prohibitsprohibit, asnearnearly as possible, the ability to 63.7 alter or reproducethe licensesa license, or prohibit the 63.8 ability to superimpose a photograph or electronically produced 63.9 image onthe licensesa license, without ready detection. 63.10 (d) A license issued to an applicant age 65 or over must be 63.11 plainly marked "senior" if requested by the applicant. 63.12 Sec. 58. Minnesota Statutes 2000, section 171.07, 63.13 subdivision 3, is amended to read: 63.14 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 63.15 the required fee, the department shall issue to every qualifying 63.16 applicanttherefora Minnesota identification card. The 63.17 department may not issue a Minnesota identification card to a 63.18 person who has a driver's license, other thanan instruction63.19permit ora limited license. The card must bear a 63.20 distinguishing number assigned to the applicant,; a colored 63.21 photograph or an electronically produced image,of the 63.22 applicant; the applicant's full name, date of birth, and 63.23 residence address,; a description of the applicant in the manner 63.24 as the commissioner deems necessary,; anda space upon which the63.25applicant shall writethe usual signatureand the date of birth63.26 of the applicantwith pen and ink. 63.27 (b) Each identification card issued to an applicant under 63.28 the age of 21 must be of a distinguishing color and plainly 63.29 marked "Under-21." 63.30(b)(c) Each Minnesota identification card must be plainly 63.31 marked "Minnesota identification card - not a driver's license." 63.32(c)(d) The fee for a Minnesota identification card is 50 63.33 cents when issued to: a person who is mentally retarded, as 63.34 defined in section 252A.02, subdivision 2; a physically disabled 63.35 person, as defined in section 169.345, subdivision 2; or, a 63.36 person with mental illness, as described in section 245.462, 64.1 subdivision 20, paragraph (c). 64.2 Sec. 59. Minnesota Statutes 2000, section 171.13, 64.3 subdivision 2, is amended to read: 64.4 Subd. 2. [EXAMINATION UPON RENEWAL.] The department shall 64.5 issue a driver's licenseshall be issuedupon renewal when the 64.6 applicant has passed an examination consisting of a screening of 64.7 the applicant's eyesight. Screening of eyesight required by 64.8 this subdivisionshalldoes notbe construed asconstitute the 64.9 practice of optometry as defined in section 148.56. The 64.10 commissioner may adopt rules to administer this subdivision. 64.11 Sec. 60. Minnesota Statutes 2000, section 171.165, is 64.12 amended to read: 64.13 171.165 [COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.] 64.14 Subdivision 1. [FIRST VIOLATION.] Subject to section 64.15 171.166, the commissioner shall disqualify a person from 64.16 operating commercial motor vehicles for one year upon receiving 64.17 a record of the first conviction of the person for committing a 64.18 violation of any of the followingin the commission of which64.19 offenses while operating a commercial motor vehiclewas used: 64.20 (1) section 169A.20 or 169A.31; 64.21 (2) section 169.09, subdivision 1 or 2; 64.22 (3) a felony, other than a felony described in subdivision 64.23 3, paragraph (a), clause(3)(2), item (ii);or64.24 (4) driving with a revoked, suspended, canceled, denied, or 64.25 disqualified commercial driver's license; 64.26 (5) causing a fatality through the negligent or criminal 64.27 operation of a commercial motor vehicle; or 64.28 (6) an offense committed in another state that would be 64.29 grounds for disqualification under this subdivision or 64.30 subdivision 2 if committed in Minnesota. 64.31 Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner 64.32 shall disqualify a person from operating commercial motor 64.33 vehicles for one year from the effective date of a revocation 64.34 under section 169A.52 or a statute or ordinance from another 64.35 state in conformity with it, if the person was driving, 64.36 operating, or in physical control of a commercial motor vehicle 65.1 at the time of the incident on which the revocation is based. 65.2 Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] (a) Subject to 65.3 section 171.166, the commissioner shall disqualify a person from 65.4 operating commercial motor vehicles for: 65.5 (1) not less than three years, for a conviction or 65.6 revocation set forth in subdivision 1 or 2 committed during the 65.7 transportation of hazardous materials; 65.8 (2)not less than ten yearslife,if the person is65.9convictedfor a conviction: 65.10 (i) of a second or subsequenttime of andisqualifying 65.11 offense set forth in subdivision 1 or 2, a statute of another 65.12 state or ordinance in conformity with it, or any combination of 65.13 those offenses, arising from separate incidents; or 65.14(3) life, if the person is convicted(ii) under chapter 152 65.15 of a felony involving the manufacture, sale, or distribution of 65.16 a controlled substance, or involving the possession of a 65.17 controlled substance with intent to manufacture, sell, or 65.18 distribute it, and the person is found to have used a commercial 65.19 motor vehicle in the commission of the felony. 65.20 (b) A person whose commercial motor vehicle driving 65.21 privileges have been disqualified under paragraph (a), clause 65.22 (2), item (i), may apply for reinstatement after ten years. A 65.23 person whose commercial motor vehicle driving privileges have 65.24 been disqualified under paragraph (a), clause (2), item (ii), 65.25 may not apply for reinstatement. 65.26 (c) A person whose commercial motor vehicle driving 65.27 privileges have been reinstated under paragraph (b) and who 65.28 subsequently commits a disqualifying offense set forth in 65.29 subdivision 1 or 2, or any combination of those offenses, may 65.30 not apply for reinstatement. 65.31 Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a 65.32 record of conviction and subject to section 171.166, the 65.33 commissioner shall disqualify a person from operating commercial 65.34 motor vehicles for 60 days if the person is convicted of two 65.35 serious traffic violations, or 120 days if convicted of three 65.36 serious traffic violations. The violations must involve 66.1 separate incidents and must have been committed in a commercial 66.2 motor vehicle within a three-year period. For purposes of this 66.3 subdivision, a serious trafficoffenseviolation includes the 66.4 following: 66.5 (1) following too closely under section 169.18, subdivision 66.6 8; 66.7 (2) erratic lane change under sections 169.18, subdivisions 66.8 3 and 7; and 169.19, subdivision 4; 66.9 (3) operating the commercial vehicle at a speed 15 miles 66.10 per hour or more above the posted speed limit; 66.11 (4) reckless or careless driving under section 169.13; 66.12 (5) fleeing a peace officer under section 609.487;and66.13 (6) a violation of a moving traffic statute of Minnesota or 66.14 any state, or an ordinance in conformity with a Minnesota 66.15 statute, that arose in connection with a fatal accident; 66.16 (7) operating a commercial motor vehicle without the proper 66.17 class of commercial driver's license or endorsements for the 66.18 type of vehicle being operated; and 66.19 (8) operating a commercial motor vehicle without a 66.20 commercial driver's license in immediate possession, unless the 66.21 person provides proof to the court that, on the date of the 66.22 citation, the person held a valid commercial driver's license of 66.23 the proper class and with the proper endorsements. 66.24 Subd. 4a. [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The 66.25 commissioner shall disqualify a person from operating a 66.26 commercial motor vehicle for not less than: 66.27 (1) 90 days nor more than one year if the operator is 66.28 convicted of a first violation of an out-of-service order; 66.29 (2) one year nor more than five years if, during any 66.30 ten-year period, the operator is convicted of two violations of 66.31 out-of-service orders in separate incidents; and 66.32 (3) three years nor more than five years if, during any 66.33 ten-year period, the operator is convicted of three or more 66.34 violations of out-of-service orders in separate incidents. 66.35 (b) The commissioner shall notify the commissioner of 66.36 transportation of each disqualification under this subdivision. 67.1 Subd. 4b. [RAILROAD GRADE CROSSING VIOLATION.] (a) The 67.2 commissioner shall disqualify a person from operating a 67.3 commercial motor vehicle for not less than: 67.4 (1) 60 days if the person is convicted of a first railroad 67.5 grade crossing violation; 67.6 (2) 120 days if, during any three-year period, the person 67.7 is convicted of two railroad grade crossing violations arising 67.8 from separate incidents; 67.9 (3) one year if, during any three-year period, the person 67.10 is convicted of three or more railroad grade crossing violations 67.11 arising from separate incidents. 67.12 (b) For the purposes of the subdivision, "railroad grade 67.13 crossing violation" means a violation of section 169.26 or 67.14 169.28, Code of Federal Regulations, title 49, section 392.10, 67.15 or a statute or ordinance from another state in conformity with 67.16 those sections, while operating a commercial motor vehicle. 67.17 Subd. 5. [RULES.] The commissioner shall adopt rules to 67.18 administer this section. The rules must include procedures for 67.19 issuing class D licenses to persons who have been disqualified 67.20 from operating commercial motor vehicles but whose drivers' 67.21 licenses have not otherwise been revoked, suspended, canceled, 67.22 or denied. 67.23 Subd. 6. [EXEMPTIONS.] A disqualification shall not be 67.24 imposed under this section on a recreational equipment operator, 67.25 farmer, or firefighter operating a commercial motor vehicle 67.26 within the scope of section 171.02, subdivision 2, paragraph (b). 67.27 Subd. 7. [SCOPE.] This section applies to offenses 67.28 committed, and revocations imposed for incidents occurring, on 67.29 or after January 1, 1990. 67.30 Sec. 61. [INTENT.] 67.31 Nothing in section 9, subdivision 1a, paragraphs (a) and 67.32 (c) through (i), and related repeals elsewhere in that section, 67.33 is intended to increase or decrease the scope or extent of any 67.34 category of licensing authorized under Minnesota Statutes, 67.35 section 168.27. 67.36 Sec. 62. [EXEMPTION FROM MATCHING REQUIREMENT.] 68.1 All money received under Public Law Number 107-71, the 68.2 Aviation and Transportation Security Act, is exempt from the 68.3 matching requirements of Minnesota Statutes, section 360.305, 68.4 subdivision 4. 68.5 Sec. 63. [BUS SERVICE AUTHORIZED.] 68.6 Notwithstanding Laws 2001, First Special Session chapter 8, 68.7 article 1, section 2, subdivision 7, the commissioner may spend 68.8 up to $400,000 of trunk highway funds in fiscal year 2003 to pay 68.9 the operating costs of bus service to mitigate the traffic 68.10 impacts of the construction project involving marked interstate 68.11 highway 494, the Wakota bridge, and marked trunk highway 61. 68.12 Sec. 64. [REPEALER.] 68.13 Minnesota Statutes 2000, section 171.30, subdivision 3, is 68.14 repealed. 68.15 ARTICLE 2 68.16 MOTOR CARRIER FUEL TAX 68.17 Section 1. [LEGISLATIVE FINDINGS AND POLICY.] 68.18 (a) The legislature of the state of Minnesota finds that, 68.19 for the benefit of the state, other jurisdictions, and the motor 68.20 carrier industry, the state should enter into and endorse an 68.21 international agreement pertaining to the registration and fuel 68.22 taxation of motor carriers operating in interstate commerce. 68.23 The purpose of such agreements and compacts are to ensure proper 68.24 funding of the state's highway infrastructure through the 68.25 payment and distribution of revenue by and between member 68.26 jurisdictions and to simplify the registration and taxation 68.27 process for the motor carriers. 68.28 (b) With this understanding, the state adopts these core 68.29 principles to international registration and taxation agreements: 68.30 (1) the concept of a single-base jurisdiction for all motor 68.31 carriers; 68.32 (2) the concept that the definition of a taxpayer will be 68.33 uniform among member jurisdictions; 68.34 (3) the concept that each member jurisdiction retains its 68.35 taxing authority under its specific tax-enabling laws; 68.36 (4) the principle of apportioned registration and fuel 69.1 taxes; 69.2 (5) the principle of one registration plate; 69.3 (6) the principle of reciprocal granting of fees and 69.4 granting of reciprocity; 69.5 (7) the discharge of registrant responsibilities; and 69.6 (8) the operation under apportioned registration and fuel 69.7 taxes. 69.8 Sec. 2. [168D.01] [DEFINITIONS.] 69.9 Subdivision 1. [SCOPE.] As used in this chapter, the 69.10 following terms have the meanings given them in this section. 69.11 Subd. 2. [CANCELLATION.] "Cancellation" means the 69.12 voluntary termination of a license and its provisions. 69.13 Subd. 3. [COMMISSIONER.] "Commissioner" means the 69.14 commissioner of public safety of the state of Minnesota, acting 69.15 directly or through duly authorized agents. 69.16 Subd. 4. [JURISDICTION.] "Jurisdiction" means a state of 69.17 the United States, the District of Columbia, a province or 69.18 territory of Canada, and any other member jurisdiction of the 69.19 International Fuel Tax Agreement (IFTA) compact as approved by 69.20 Congress in the Intermodal Surface Transportation Efficiency Act 69.21 (ISTEA). 69.22 Subd. 5. [MOTOR CARRIER.] "Motor carrier" means an 69.23 individual, corporation, partnership, association, trust, or 69.24 other entity, however organized, operating one or more qualified 69.25 motor vehicles as a part of its interstate business operations. 69.26 Subd. 6. [MOTOR FUEL.] "Motor fuel" means an agent, 69.27 regardless of its composition or properties, used to propel a 69.28 qualified motor vehicle. 69.29 Subd. 7. [OPERATION.] "Operation" means operation of 69.30 qualified motor vehicles whether loaded or empty, whether for 69.31 compensation or not for compensation, and whether owned by or 69.32 leased to the motor carrier who operates them or causes them to 69.33 be operated in two or more jurisdictions. 69.34 Subd. 8. [QUALIFIED MOTOR VEHICLE.] (a) "Qualified motor 69.35 vehicle" means a motor vehicle that is used, designed, or 69.36 maintained to transport persons or property and that: 70.1 (1) has two axles and a gross vehicle weight or registered 70.2 gross vehicle weight exceeding 26,000 pounds; 70.3 (2) has three or more axles regardless of weight; or 70.4 (3) is used in combination, when the weight of the 70.5 combination exceeds 26,000 pounds gross vehicle or registered 70.6 gross vehicle weight. 70.7 (b) Qualified motor vehicle does not include a recreational 70.8 vehicle or any vehicle exempt from registration under section 70.9 168.012, subdivision 1, paragraph (a), clause (1). 70.10 Subd. 9. [REVOCATION.] "Revocation" means the withdrawal 70.11 of a license and privileges by the commissioner of public safety. 70.12 Subd. 10. [SUSPENSION.] "Suspension" means the temporary 70.13 removal of privileges granted to the licensee by the 70.14 commissioner of public safety. 70.15 Sec. 3. [168D.02] [FUEL TAX COMPACT.] 70.16 Subdivision 1. [AUTHORITY.] (a) The commissioner of public 70.17 safety may enter into an agreement or arrangement with the duly 70.18 authorized representative of another jurisdiction or make an 70.19 independent declaration granting to motor carriers of qualified 70.20 motor vehicles properly registered or licensed in another member 70.21 jurisdiction benefits, privileges, and exemptions from paying, 70.22 wholly or partially, fuel taxes, fees, or other charges imposed 70.23 for operating the vehicles under the laws of Minnesota. The 70.24 agreement, arrangement, or declaration may impose terms and 70.25 conditions consistent with federal and state laws and 70.26 regulations. 70.27 (b) The commissioner of public safety may ratify and 70.28 effectuate an international fuel tax agreement or other fuel tax 70.29 agreement in accordance with state and federal authorities. The 70.30 commissioner's authority includes collecting fuel taxes due, 70.31 issuing fuel licenses, issuing refunds, conducting audits, 70.32 assessing penalties and interest, issuing fuel trip permits, 70.33 issuing decals, and suspending or denying licensing. 70.34 (c) Based on these powers, the commissioner and the state 70.35 of Minnesota have entered into a formal agreement with other 70.36 states of the United States, the District of Columbia, provinces 71.1 and territories of Canada, and any other member jurisdiction of 71.2 the International Fuel Tax Agreement (IFTA) compact as approved 71.3 by Congress in the Intermodal Surface Transportation Efficiency 71.4 Act (ISTEA) to assess and collect fuel tax in a uniform and 71.5 consistent manner across jurisdictions. 71.6 Subd. 2. [RECIPROCITY.] (a) As a member of the IFTA 71.7 compact, the state of Minnesota recognizes and affirms the 71.8 provisions set forth in that agreement. 71.9 (b) Under the provisions of this agreement, the state of 71.10 Minnesota shall provide an open exchange of information between 71.11 member jurisdictions and the IFTA clearinghouse but reserves the 71.12 right to stipulate the level of security and privacy of the 71.13 information in transmission and storage to protect the privacy 71.14 rights of its citizens according to chapters 13 through 13D. 71.15 (c) An agreement or arrangement must be in writing and 71.16 provide that when a qualified motor vehicle properly licensed 71.17 for fuel in the state of Minnesota is operated on highways of 71.18 another member jurisdiction, it must receive exemptions, 71.19 benefits, and privileges of a similar kind or to a similar 71.20 degree as are extended to a qualified motor vehicle properly 71.21 licensed for fuel in that member jurisdiction while it is being 71.22 operated in the state of Minnesota. 71.23 (d) A declaration must be in writing and must contemplate 71.24 and provide for mutual benefits, reciprocal privileges, or 71.25 equitable treatment of the motor carrier of a qualified motor 71.26 vehicle registered for fuel in Minnesota and the other member 71.27 jurisdictions. In the judgment of the commissioner of public 71.28 safety, an agreement, arrangement, or declaration must be in the 71.29 best interest of Minnesota and its citizens and must be fair and 71.30 equitable regarding the benefits that the agreement brings to 71.31 the economy of Minnesota. 71.32 Sec. 4. [168D.03] [COMPLIANCE WITH MINNESOTA LAWS.] 71.33 Agreements, arrangements, and declarations made under 71.34 authority of this chapter must contain a provision specifying 71.35 that no fuel license, or exemption issued or accruing under the 71.36 license, excuses the motor carrier of a qualified motor vehicle 72.1 from compliance with Minnesota laws. 72.2 Sec. 5. [168D.04] [TAXING AUTHORITY.] 72.3 Subdivision 1. [AGREEMENT TERMS.] (a) Under the provisions 72.4 of an agreement entered into according to section 168D.02, each 72.5 member shall retain its sovereign authority to determine tax 72.6 rates and exemptions and to exercise other substantive tax 72.7 authority. 72.8 (b) In accordance with federal and state law, the agreement 72.9 must provide for: 72.10 (1) determining the base jurisdiction for users; 72.11 (2) users' records requirements; 72.12 (3) audit procedures; 72.13 (4) exchanging information; 72.14 (5) eligibility of persons for tax licensing; 72.15 (6) defining qualified motor vehicles; 72.16 (7) determining if bonding is required; 72.17 (8) specifying reporting requirements and periods, 72.18 including defining uniform penalty and interest rates for late 72.19 reporting; 72.20 (9) determining methods for collecting and forwarding motor 72.21 fuel taxes and penalties to another jurisdiction; 72.22 (10) display of identification indicating compliance with 72.23 the agreement; and 72.24 (11) other provisions to facilitate the administration of 72.25 the agreement. 72.26 (c) Each jurisdiction shall audit the records of persons 72.27 based in the jurisdiction to determine if the motor fuel taxes 72.28 due each jurisdiction are properly reported and paid. 72.29 Subd. 2. [FUEL ROAD TAX IMPOSED.] (a) Every motor carrier 72.30 shall pay a road tax calculated on the amount of motor fuel 72.31 consumed in the motor carrier's operations on highways within 72.32 Minnesota. The tax rate is imposed at the rate and conditions 72.33 specified in chapter 296A. 72.34 (b) The amount of motor fuel consumed in the operations of 72.35 a motor carrier on highways within Minnesota is determined by 72.36 dividing the miles traveled within Minnesota by the average 73.1 miles per gallon. 73.2 (c) The average miles per gallon for a motor carrier's 73.3 qualified motor vehicles is determined by dividing the total 73.4 miles traveled by the total motor fuel consumed. 73.5 Sec. 6. [168D.05] [MOTOR CARRIER FUEL LICENSE.] 73.6 (a) A motor carrier registered under section 168.187, 73.7 operating a qualified motor vehicle upon the highways of 73.8 Minnesota, and not qualifying for exemption under this chapter, 73.9 may not operate the vehicle unless and until issued a fuel 73.10 license under this chapter or until the motor carrier has 73.11 obtained a temporary fuel permit. 73.12 (b) A license may be issued to a person qualifying as a 73.13 motor carrier who applies and pays to the commissioner the 73.14 license fees required by this chapter. 73.15 (c) A license is valid for a calendar year unless 73.16 surrendered by the motor carrier or canceled, suspended, or 73.17 revoked by the commissioner. All licenses expire on December 31 73.18 of each calendar year and may be renewed by applying to the 73.19 commissioner and paying the licensing fee. 73.20 (d) The motor carrier is required to make legible copies of 73.21 the license and one copy must be carried in each qualified motor 73.22 vehicle while it is being operated in Minnesota and in all 73.23 member jurisdictions. 73.24 (e) Each licensee shall acknowledge and agree upon license 73.25 application to be bound by the obligations and duties of 73.26 licensed motor carriers under the laws, rules, and regulations 73.27 adopted by the member jurisdictions to administer the 73.28 International Fuel Tax Agreement. Failure to adhere to these 73.29 obligations and duties may result in cancellation, suspension, 73.30 or revocation of the license. 73.31 Sec. 7. [168D.06] [FUEL LICENSE FEES.] 73.32 License fees paid to the commissioner under the 73.33 International Fuel Tax Agreement must be deposited in the 73.34 highway user tax distribution fund. The commissioner shall 73.35 charge an annual fuel license fee of $15, and an annual 73.36 application filing fee of $13 for quarterly reporting of fuel 74.1 tax. 74.2 Sec. 8. [168D.07] [FUEL DECAL FEE.] 74.3 The commissioner shall issue a decal or other 74.4 identification to indicate compliance with the International 74.5 Fuel Tax Agreement. The commissioner shall establish a charge 74.6 to cover the cost of issuing the decal or other identification 74.7 according to section 16A.1285, subdivision 4a. Decal or other 74.8 identification charges paid to the commissioner under this 74.9 subdivision must be deposited in the highway user tax 74.10 distribution fund. 74.11 Sec. 9. [168D.08] [MOTOR CARRIER FUEL TAX RETURNS.] 74.12 Every motor carrier subject to the fuel tax shall, on or 74.13 before the last day of April, July, October, and January, file 74.14 with the commissioner, in the format and manner prescribed, tax 74.15 returns of operations during the previous three months. 74.16 Sec. 10. [168D.09] [CREDIT OR REFUND.] 74.17 Under this section, the commissioner shall allow a credit 74.18 or refund to a motor carrier for taxes paid to any member 74.19 jurisdiction that imposes a tax upon motor fuel purchased or 74.20 obtained in Minnesota and member jurisdictions and used on the 74.21 highways of Minnesota and other member jurisdictions. Every 74.22 motor carrier claiming a refund under this section shall file a 74.23 claim in the format and manner prescribed by the commissioner or 74.24 take the credit on a subsequent tax return. 74.25 Sec. 11. [168D.10] [MOTOR CARRIER RECORDS.] 74.26 Subdivision 1. [MAINTENANCE.] Every motor carrier shall 74.27 maintain records to substantiate information reported on the 74.28 required tax returns. The records must be kept in a format 74.29 prescribed by the commissioner. 74.30 Subd. 2. [PRESERVATION.] Records must be preserved for 74.31 four years from the tax return due date or filing date, 74.32 whichever is later. Preservation of the records must be in a 74.33 manner that ensures their security, integrity, and availability 74.34 for inspection by the commissioner or a representative of a 74.35 member jurisdiction. 74.36 Subd. 3. [DESTRUCTION.] Destruction of records may not be 75.1 completed until the statutory period is met or upon written 75.2 consent from the commissioner. A request for early destruction 75.3 of records must be made in writing to the commissioner 75.4 identifying the necessity and reasons for the request. 75.5 Sec. 12. [168D.11] [AUDITING AND REPORTING.] 75.6 Subdivision 1. [AUTHORITY AND OBLIGATION.] The 75.7 commissioner has the right and obligation to audit the records 75.8 of persons based in Minnesota to determine if the motor fuel 75.9 taxes due each jurisdiction are properly reported and paid, with 75.10 authority to assess proper tax liability with applicable penalty 75.11 and interest. 75.12 Subd. 2. [REPORTING TO OTHER JURISDICTIONS.] Minnesota, 75.13 along with all other member jurisdictions, shall forward the 75.14 findings of any fuel tax audits performed to each jurisdiction 75.15 in which the person has taxable use of motor fuels. The 75.16 commissioner may forward to officers of another member 75.17 jurisdiction any information in the commissioner's possession 75.18 relating to the manufacture, receipt, sale, use, transportation, 75.19 or shipment of motor fuels by any person. The commissioner may 75.20 disclose to officers of another member jurisdiction the location 75.21 of offices, motor vehicles, and other real and personal property 75.22 of users of motor fuels. 75.23 Subd. 3. [COOPERATIVE AUDIT.] (a) The commissioner of 75.24 public safety may make arrangements with, and may enter into 75.25 agreements with, the appropriate authorities of other Minnesota 75.26 state agencies and other member jurisdictions having statutes 75.27 similar to this act for the cooperative audit of motor carriers' 75.28 reports and returns. 75.29 (b) In performing a cooperative audit, in whole or in part, 75.30 the officers and employees of the other Minnesota state agencies 75.31 or member jurisdictions are considered authorized agents of 75.32 Minnesota for audit purposes, and their audits have the same 75.33 force and effect as audits conducted by Minnesota auditors. 75.34 Sec. 13. [168D.12] [MOTOR CARRIER TEMPORARY FUEL PERMIT.] 75.35 A motor carrier may obtain a trip permit that authorizes an 75.36 unlicensed motor carrier to operate a qualified motor vehicle in 76.1 Minnesota for five consecutive days beginning and ending on the 76.2 dates specified on the face of the permit. The fee for the 76.3 permit is $25. The permit must be issued in lieu of a license 76.4 if in the course of operations a motor carrier operates on 76.5 Minnesota highways. 76.6 Sec. 14. [168D.13] [ACTION TO AVOID OR EVADE FUEL TAX.] 76.7 Subdivision 1. [DETERMINATION AND ASSESSMENT.] If the 76.8 commissioner ascertains that a motor carrier acts to obstruct or 76.9 make ineffectual proceedings to assess or collect the road taxes 76.10 due, the commissioner may immediately make an assessment of tax 76.11 estimated to be due, whether or not any report is then due by 76.12 law. 76.13 Subd. 2. [ASSESSMENT NOTICE AND COLLECTION; 76.14 IMPOUNDMENT.] (a) The commissioner may then proceed under this 76.15 assessment to collect the tax, or compel security for the taxes 76.16 owing, and shall give notice of the commissioner's finding under 76.17 subdivision 1 to the motor carrier, together with a demand for 76.18 an immediate payment of the tax. 76.19 (b) The commissioner is also authorized to impound 76.20 qualified motor vehicles of motor carriers in violation of this 76.21 subdivision. The vehicle must be released either upon paying 76.22 all taxes, penalties, and interest that may be due or depositing 76.23 a bond or security to assure the payment of taxes, penalties, 76.24 and interest. 76.25 Sec. 15. [168D.14] [ENFORCEMENT POWERS.] 76.26 Subdivision 1. [COMMISSIONER OF PUBLIC SAFETY.] The 76.27 commissioner is authorized and directed to enforce this 76.28 chapter. In addition, the commissioner of public safety is 76.29 authorized and directed to use the Minnesota state patrol to 76.30 assist in the enforcement of this chapter. 76.31 Subd. 2. [COMMISSIONER OF TRANSPORTATION.] The 76.32 commissioner of transportation is authorized and directed to 76.33 enforce sections 168D.05 and 168D.12 as provided in section 76.34 221.221. 76.35 Subd. 3. [STATE PATROL.] The officers of the Minnesota 76.36 state patrol, in addition to all other powers granted to them by 77.1 Minnesota Statutes, have the power of making arrests, service of 77.2 process, and appearing in court in all matters and things 77.3 relating to this chapter and its administration and enforcement. 77.4 Sec. 16. [168D.15] [DELINQUENT FILING OR PAYMENT.] 77.5 If a motor carrier licensed under this section is 77.6 delinquent in either filing or paying the International Fuel Tax 77.7 Agreement (IFTA) report or billing for more than 30 days, or 77.8 paying the international registration plan billing under section 77.9 168.187 for more than 30 days, the motor carrier, after ten 77.10 days' written notice, is subject to suspension of the 77.11 apportioned license plates and the IFTA license. 77.12 Sec. 17. [168D.16] [TRANSFERRING FUNDS TO PAY DELINQUENT 77.13 FEE.] 77.14 If a motor carrier licensed under this chapter is 77.15 delinquent in either filing or paying the International Fuel Tax 77.16 Agreement (IFTA) report or billing for more than 30 days, or 77.17 paying the international registration plan billing under section 77.18 168.187 for more than 30 days, the commissioner shall authorize 77.19 any credit in either the IFTA account or the international 77.20 registration plan account to be used to offset the liability in 77.21 either the IFTA account or the international registration plan 77.22 account. 77.23 Sec. 18. [168D.17] [EXEMPTIONS.] 77.24 This chapter does not apply to recreational equipment as 77.25 defined in section 168.011. 77.26 Sec. 19. [168D.18] [RULES.] 77.27 The commissioner may adopt rules relating to the 77.28 administration and enforcement of this chapter. 77.29 Sec. 20. Minnesota Statutes 2000, section 168.187, 77.30 subdivision 26, is amended to read: 77.31 Subd. 26. [DELINQUENT FILING OR PAYMENT.] If a fleet owner 77.32 or owner-operator licensed under this section andsection77.33296A.28chapter 168D is delinquent in either filing or paying 77.34 the international fuel tax agreement reports for more than 30 77.35 days, or paying the international registration plan billing for 77.36 more than 30 days, the fleet owner or owner-operator, after ten 78.1 days' written notice, is subject to suspension of the 78.2 apportioned license plates and the international fuel tax 78.3 agreement license. 78.4 Sec. 21. Minnesota Statutes 2001 Supplement, section 78.5 221.221, subdivision 2, is amended to read: 78.6 Subd. 2. [ENFORCEMENT POWERS.] Transportation program 78.7 specialists and hazardous material program specialists of the 78.8 department, for the purpose of enforcingthe provisions ofthis 78.9 chapter, sections 169.781 to 169.783 relating to commercial 78.10 vehicle inspections, andsection 296A.27, subdivisions 6 and 12,78.11 sections 168D.05 and 168D.12 relating to motor carrier licenses 78.12 and trip permits, and the applicable rules, orders, or 78.13 directives of the commissioner of transportation and the 78.14 commissioner of revenue, issued under this chapter and 78.15 chapter 168D or 296A, but for no other purpose, have the powers 78.16 conferred by law upon police officers. The powers include the 78.17 authority to conduct inspections at designated highway weigh 78.18 stations or under other appropriate circumstances. 78.19 Sec. 22. Minnesota Statutes 2000, section 296A.23, 78.20 subdivision 7, is amended to read: 78.21 Subd. 7. [FAILURE TO OBTAIN PROPER PERMIT.] A minimum fine 78.22 of $200 shall be imposed on a person who fails to obtain a 78.23 license or trip permit required under section296A.27,78.24subdivisions 6 and 12168D.05 or 168D.12. 78.25 Sec. 23. [REPEALER.] 78.26 Minnesota Statutes 2000, sections 296A.27 and 296A.28, are 78.27 repealed. 78.28 ARTICLE 3 78.29 COMMERCIAL VEHICLE ENFORCEMENT 78.30 Section 1. Minnesota Statutes 2000, section 168.011, 78.31 subdivision 17, is amended to read: 78.32 Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single 78.33 unit trucks, truck-tractors, tractors, semitrailers, and 78.34 trailers used by the owner thereof to transport agricultural, 78.35 horticultural, dairy, and other farm products, including 78.36 livestock, produced or finished by the owner of the truck, and 79.1 any other personal property owned by the farmer to whom the 79.2 license for the truck is issued, from the farm to market, and to 79.3 transport property and supplies to the farm of the owner. 79.4 Trucks, truck-tractors, tractors, semitrailers, and trailers 79.5 registered as "farm trucks" may be used by the owner thereof to 79.6 occasionally transport unprocessed and raw farm products, not 79.7 produced by the owner of the truck, from the place of production 79.8 to market when the transportation constitutes the first haul of 79.9 the products, and may be used by the owner thereof, either 79.10 farmer or logger who harvests and hauls forest products only, to 79.11 transport logs, pulpwood, lumber, chips, railroad ties and other 79.12 raw and unfinished forest products from the place of production 79.13 to an intermediate or final assembly point or transfer yard or 79.14 railheadwhen the transportation constitutes, which 79.15 transportation may be continued by another farm truck to a place 79.16 for final processing or manufacture located within 200 miles of 79.17 the place of production and all of which is deemed to constitute 79.18 the first haulthereof,of unfinished wood products; provided 79.19 that the owner and operator of the vehicle transporting planed 79.20 lumber shall have in immediate possession a statement signed by 79.21 the producer of the lumber designating the governmental 79.22 subdivision, section, and township where the lumber was produced 79.23 and that this haul, indicating the date, is the first haul 79.24 thereof. The licensed vehicles may also be used by the owner 79.25 thereof to transport, to and from timber-harvesting areas, 79.26 equipment and appurtenances incidental to timber harvesting, and 79.27 gravel and other road-building materials for timber haul roads. 79.28 (b) "Farm trucks" shall also include only single unit 79.29 trucks, whichthat, because of their construction, cannot be 79.30 used for any other purpose and are used exclusively to transport 79.31 milk and cream en route from a farm to an assembly point or 79.32 place for final manufacture, and for transporting milk and cream 79.33 from an assembly point to a place for final processing or 79.34 manufacture. This section shall not be construed to mean that 79.35 the owner or operator of the truck cannot carry on usual 79.36 accommodation services for patrons on regular return trips, such 80.1 as butter, cream, cheese, and other dairy supplies. 80.2 Sec. 2. Minnesota Statutes 2000, section 168.013, 80.3 subdivision 3, is amended to read: 80.4 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 80.5 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 80.6 gross weight shall state the unloaded weight of the motor 80.7 vehicle, trailer, or semitrailer and the maximum load the 80.8 applicant proposes to carry thereon, the sum of which shall 80.9 constitute the gross weight upon which the license tax shall be 80.10 paid, but in no case shall the declared gross weight upon which 80.11 the tax is paid be less than 1-1/4 times the declared unloaded 80.12 weight of the motor vehicle, trailer, or semitrailer to be 80.13 registered, except recreational vehicles taxed under subdivision 80.14 1g, school buses taxed under subdivision 18, and tow trucks or 80.15 towing vehicles defined in section 169.01, subdivision 52. The 80.16 gross weight of a tow truck or towing vehicle is the actual 80.17 weight of the tow truck or towing vehicle fully equipped, but 80.18 does not include the weight of a wrecked or disabled vehicle 80.19 towed or drawn by the tow truck or towing vehicle. 80.20 (b) The gross weight ofnoa motor vehicle, trailer, or 80.21 semitrailer shall not exceed the gross weight upon which the 80.22 license tax has been paid by more than four percent or 1,000 80.23 pounds, whichever is greater; provided that, a vehicle 80.24 transporting unfinished forest products in accordance with 80.25 paragraph (d)(3) shall not exceed its gross vehicle weight upon 80.26 which the license tax has been paid, or gross axle weight on any 80.27 axle, by more than five percent and, notwithstanding other law 80.28 to the contrary, is not subject to any fee, fine, or other 80.29 assessment or penalty for exceeding a gross vehicle or axle 80.30 weight by up to five percent. 80.31 (c) The gross weight of the motor vehicle, trailer, or 80.32 semitrailer for which the license tax is paid shall be indicated 80.33 by a distinctive character on the license plate or plates except 80.34 as provided in subdivision 12 and the plate or plates shall be 80.35 kept clean and clearly visible at all times. 80.36 (d) The owner, driver, or user of a motor vehicle, trailer, 81.1 or semitrailer, upon conviction for transporting a gross weight 81.2 in excess of the gross weight for which it was registered or for 81.3 operating a vehicle with an axle weight exceeding the maximum 81.4 lawful axle load weight, shall be guilty of a misdemeanor and be 81.5 subject to increased registration or reregistration according to 81.6 the following schedule: 81.7 (1) The owner, driver, or user of a motor vehicle, trailer, 81.8 or semitrailer, upon conviction for transporting a gross weight 81.9 in excess of the gross weight for which it is registered by more 81.10 thanfour percent or 1,000 pounds, whichever is greater,the 81.11 allowance set forth in paragraph (b) but less than 25 percent or 81.12 for operating or using a motor vehicle, trailer, or semitrailer 81.13 with an axle weight exceeding the maximum lawful axle load as 81.14 provided in section 169.825 by more thanfour percent or 1,00081.15pounds, whichever is greater,the allowance set forth in 81.16 paragraph (b) but less than 25 percent, in addition to any 81.17 penalty imposed for the misdemeanor shall apply to the registrar 81.18 to increase the authorized gross weight to be carried on the 81.19 vehicle to a weight equal to or greater than the gross weight 81.20 the owner, driver, or user was convicted of carrying, the 81.21 increase computed for the balance of the calendar year on the 81.22 basis of 1/12 of the annual tax for each month remaining in the 81.23 calendar year beginning with the first day of the month in which 81.24 the violation occurred. If the additional registration tax 81.25 computed upon that weight, plus the tax already paid, amounts to 81.26 more than the regular tax for the maximum gross weight permitted 81.27 for the vehicle under section 169.825, that additional amount 81.28 shall nevertheless be paid into the highway fund, but the 81.29 additional tax thus paid shall not permit the vehicle to be 81.30 operated with a gross weight in excess of the maximum legal 81.31 weight as provided by section 169.825. Unless the owner within 81.32 30 days after a conviction shall apply to increase the 81.33 authorized weight and pay the additional tax as provided in this 81.34 section, the registrar shall revoke the registration on the 81.35 vehicle and demand the return of the registration card and 81.36 plates issued on that registration. 82.1 (2) The owner or driver or user of a motor vehicle, 82.2 trailer, or semitrailer upon conviction for transporting a gross 82.3 weight in excess of the gross weight for which the motor 82.4 vehicle, trailer, or semitrailer was registered by 25 percent or 82.5 more, or for operating or using a vehicle or trailer with an 82.6 axle weight exceeding the maximum lawful axle load as provided 82.7 in section 169.825 by 25 percent or more, in addition to any 82.8 penalty imposed for the misdemeanor, shall have the reciprocity 82.9 privileges on the vehicle involved if the vehicle is being 82.10 operated under reciprocity canceled by the registrar, or if the 82.11 vehicle is not being operated under reciprocity, the certificate 82.12 of registration on the vehicle operated shall be canceled by the 82.13 registrar and the registrar shall demand the return of the 82.14 registration certificate and registration plates. The registrar 82.15 may not cancel the registration or reciprocity privileges for 82.16 any vehicle found in violation of seasonal load restrictions 82.17 imposed under section 169.87 unless the axle weight exceeds the 82.18 year-round weight limit for the highway on which the violation 82.19 occurred. The registrar may investigate any allegation of gross 82.20 weight violations and demand that the operator show cause why 82.21 all future operating privileges in the state should not be 82.22 revoked unless the additional tax assessed is paid. 82.23 (3) Clause (1) does not apply to the first haul of 82.24 unprocessed or raw farm products or unfinished forest products, 82.25 when the registered gross weight is not exceeded by more than 82.26 ten percent. For purposes of this clause, "first haul" means 82.27 (i) the first, continuous transportation of unprocessed or raw 82.28 farm products from the place of production or on-farm storage 82.29 site to any other location within 50 miles of the place of 82.30 production or on-farm storage site, or (ii) thefirst,82.31 continuous or noncontinuous transportation of unfinished forest 82.32 products from the place of production to the place offirst82.33unloadingfinal processing or manufacture located within 200 82.34 miles of the place of production. 82.35 (4) When the registration on a motor vehicle, trailer, or 82.36 semitrailer is revoked by the registrar according to provisions 83.1 of this section, the vehicle shall not be operated on the 83.2 highways of the state until it is registered or reregistered, as 83.3 the case may be, and new plates issued, and the registration fee 83.4 shall be the annual tax for the total gross weight of the 83.5 vehicle at the time of violation. The reregistration pursuant 83.6 to this subdivision of any vehicle operating under reciprocity 83.7 agreements pursuant to section 168.181 or 168.187 shall be at 83.8 the full annual registration fee without regard to the 83.9 percentage of vehicle miles traveled in this state. 83.10 Sec. 3. Minnesota Statutes 2000, section 169.771, 83.11 subdivision 2, is amended to read: 83.12 Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The 83.13 commissioner of public safety is directed to accelerate spot 83.14 check inspections for unsafe motor vehicles and motor vehicle 83.15 equipment. Such inspections shall be conducted by the personnel 83.16 of the state patrol who shall give the operator of a commercial 83.17 motor vehicle a signed and dated document as evidence of the 83.18 inspection. 83.19 (b) However, personnel of the state patrol may not conduct 83.20 another spot inspection of a commercial motor vehicle if (1) the 83.21 operator of the vehicle can show evidence of an inspection, 83.22 which is free of critical defects, conducted in Minnesota 83.23 according to this section or section 169.781 within the previous 83.24 90 days and (2) a state trooper does not have probable cause to 83.25 believe the vehicle or its equipment is unsafe or that the 83.26 operator has engaged in illegal activity. In addition, if the 83.27 operator shows the state trooper evidence that the commercial 83.28 motor vehicle has been inspected within the previous 90 days, 83.29 but the officer has probable cause to believe the vehicle or its 83.30 equipment is unsafe or to suspect illegal activity, then the 83.31 vehicle may be inspected to confirm the existence or absence of 83.32 an unsafe condition or of the suspected illegal activity. 83.33 Sec. 4. Minnesota Statutes 2000, section 169.771, 83.34 subdivision 3, is amended to read: 83.35 Subd. 3. [RULES.] The commissioner of public safety may 83.36 establish such reasonable rules as are necessary to carry out 84.1 the provisions of this section, but all spot check inspections 84.2 shall be held in compliance with subdivision 2 and in such a 84.3 manner that the motor vehicle operators, either private or 84.4 commercial, shall not be unnecessarily inconvenienced either by 84.5 extended detours, unnecessary delays, or any other unreasonable 84.6 cause. 84.7 Sec. 5. Minnesota Statutes 2000, section 169.85, 84.8 subdivision 1, is amended to read: 84.9 Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The 84.10 driver of a vehiclewhichthat has been lawfully stopped may be 84.11 required by an officer to submit the vehicle and load to a 84.12 weighing by means of portable or stationary scales, and. 84.13 (b) In addition, the officer may require that the vehicle 84.14 be driven to the nearest available scales, but only if: 84.15 (1) the distance to the scales is no further than five 84.16 miles, or if the distance from the point where the vehicle is 84.17 stopped to the vehicle's destination is not increased by more 84.18 than ten miles as a result of proceeding to the nearest 84.19 available scales; and 84.20 (2) if the vehicle is a commercial motor vehicle, no more 84.21 than two other commercial motor vehicles are waiting to be 84.22 inspected at the scale. 84.23 (c) Official traffic control devices as authorized by 84.24 section 169.06 may be used to direct the driver to the nearest 84.25 scale. 84.26 (d) When a truck weight enforcement operation is conducted 84.27 by means of portable or stationary scales and signs giving 84.28 notice of the operation are posted within the highway 84.29 right-of-way and adjacent to the roadway within two miles of the 84.30 operation, the driver of a truck or combination of vehicles 84.31 registered for or weighing in excess of 12,000 pounds shall 84.32 proceed to the scale site and submit the vehicle to weighing and 84.33 inspection. 84.34 Sec. 6. Minnesota Statutes 2000, section 169.85, 84.35 subdivision 2, is amended to read: 84.36 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 85.1 load, as provided in this section, an officer may require the 85.2 driver to stop the vehicle in a suitable place and remain 85.3 standing until a portion of the load is removed that is 85.4 sufficient to reduce the gross weight of the vehicle to the 85.5 limit permitted under either section 168.013, subdivision 3, 85.6 paragraph (b), or 169.825, whichever is the lesser violation, if 85.7 any. A suitable place is a location where loading or tampering 85.8 with the load is not prohibited by federal, state, or local law, 85.9 rule, or ordinance. 85.10 (b) Except as provided in paragraph (c), a driver may be 85.11 required to unload a vehicle only if the weighing officer 85.12 determines that(a)(1) on routes subject to the provisions of 85.13 section 169.825, the weight on an axle exceeds the lawful gross 85.14 weight prescribed by section 169.825, by 2,000 pounds or more, 85.15 or the weight on a group of two or more consecutive axles in 85.16 cases where the distance between the centers of the first and 85.17 last axles of the group under consideration is ten feet or less 85.18 exceeds the lawful gross weight prescribed by section 169.825, 85.19 by 4,000 pounds or more; or(b)(2) on routes designated by the 85.20 commissioner in section 169.832, subdivision 11, the overall 85.21 weight of the vehicle or the weight on an axle or group of 85.22 consecutive axles exceeds the maximum lawful gross weights 85.23 prescribed by section 169.825; or(c)(3) the weight is unlawful 85.24 on an axle or group of consecutive axles on a road restricted in 85.25 accordance with section 169.87. Material unloaded must be cared 85.26 for by the owner or driver of the vehicle at the risk of the 85.27 owner or driver. 85.28 (c) If the gross weight of the vehicle does not exceed the 85.29 vehicle's registered gross weight plus the weight allowance set 85.30 forth in section 168.013, subdivision 3, paragraph (b), then the 85.31 driver is not required to unload under paragraph (b). 85.32 Sec. 7. Minnesota Statutes 2000, section 169.851, 85.33 subdivision 3, is amended to read: 85.34 Subd. 3. [FIRST HAUL.] "First haul"means the first,85.35continuous transportation from the place of production or on85.36farm storage site to any other location within 50 miles of the86.1place of production or on farm storage sitehas the meaning 86.2 given it in section 168.013, subdivision 3, paragraph (d)(3). 86.3 Sec. 8. Minnesota Statutes 2000, section 169.86, 86.4 subdivision 5, is amended to read: 86.5 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 86.6 commissioner, with respect to highways under the commissioner's 86.7 jurisdiction, may charge a fee for each permit issued. All such 86.8 fees for permits issued by the commissioner of transportation 86.9 shall be deposited in the state treasury and credited to the 86.10 trunk highway fund. Except for those annual permits for which 86.11 the permit fees are specified elsewhere in this chapter, the 86.12 fees shall be: 86.13 (a) $15 for each single trip permit. 86.14 (b) $36 for each job permit. A job permit may be issued 86.15 for like loads carried on a specific route for a period not to 86.16 exceed two months. "Like loads" means loads of the same 86.17 product, weight, and dimension. 86.18 (c) $60 for an annual permit to be issued for a period not 86.19 to exceed 12 consecutive months. Annual permits may be issued 86.20 for: 86.21 (1) motor vehicles used to alleviate a temporary crisis 86.22 adversely affecting the safety or well-being of the public; 86.23 (2) motor vehicles which travel on interstate highways and 86.24 carry loads authorized under subdivision 1a; 86.25 (3) motor vehicles operating with gross weights authorized 86.26 under section 169.825, subdivision 11, paragraph (a), clause 86.27 (3); 86.28 (4) special pulpwood vehicles described in section 169.863; 86.29 and 86.30 (5) motor vehicles bearing snowplow blades not exceeding 86.31 ten feet in width. 86.32 (d) $120 for an oversize annual permit to be issued for a 86.33 period not to exceed 12 consecutive months. Annual permits may 86.34 be issued for: 86.35 (1) mobile cranes; 86.36 (2) construction equipment, machinery, and supplies; 87.1 (3) manufactured homes; 87.2 (4) implements of husbandry when the movement is not made 87.3 according to the provisions of paragraph (i); 87.4 (5) double-deck buses; 87.5 (6) commercial boat hauling. 87.6 (e) For vehicles which have axle weights exceeding the 87.7 weight limitations of section 169.825, an additional cost added 87.8 to the fees listed above. However, this paragraph applies to 87.9 any vehicle described in section 168.013, subdivision 3, 87.10 paragraph (b), but only when the vehicle exceeds its gross 87.11 weight allowance set forth in that paragraph, and then the 87.12 additional cost is for all weight, including the allowance 87.13 weight, in excess of the permitted maximum axle weight. The 87.14 additional cost is equal to the product of the distance traveled 87.15 times the sum of the overweight axle group cost factors shown in 87.16 the following chart: 87.17 Overweight Axle Group Cost Factors 87.18 Weight (pounds) Cost Per Mile For Each Group Of: 87.19 exceeding Two consec- Three consec- Four consec- 87.20 weight utive axles utive axles utive axles 87.21 limitations spaced within spaced within spaced within 87.22 on axles 8 feet or less 9 feet or less 14 feet or less 87.23 0-2,000 .12 .05 .04 87.24 2,001-4,000 .14 .06 .05 87.25 4,001-6,000 .18 .07 .06 87.26 6,001-8,000 .21 .09 .07 87.27 8,001-10,000 .26 .10 .08 87.28 10,001-12,000 .30 .12 .09 87.29 12,001-14,000 Not permitted .14 .11 87.30 14,001-16,000 Not permitted .17 .12 87.31 16,001-18,000 Not permitted .19 .15 87.32 18,001-20,000 Not permitted Not permitted .16 87.33 20,001-22,000 Not permitted Not permitted .20 87.34 The amounts added are rounded to the nearest cent for each axle 87.35 or axle group. The additional cost does not apply to paragraph 87.36 (c), clauses (1) and (3). 88.1 For a vehicle found to exceed the appropriate maximum permitted 88.2 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 88.3 a ton, over the permitted maximum weight is imposed in addition 88.4 to the normal permit fee. Miles must be calculated based on the 88.5 distance already traveled in the state plus the distance from 88.6 the point of detection to a transportation loading site or 88.7 unloading site within the state or to the point of exit from the 88.8 state. 88.9 (f) As an alternative to paragraph (e), an annual permit 88.10 may be issued for overweight, or oversize and overweight, 88.11 construction equipment, machinery, and supplies. The fees for 88.12 the permit are as follows: 88.13 Gross Weight (pounds) of Vehicle Annual Permit Fee 88.14 90,000 or less $200 88.15 90,001 - 100,000 $300 88.16 100,001 - 110,000 $400 88.17 110,001 - 120,000 $500 88.18 120,001 - 130,000 $600 88.19 130,001 - 140,000 $700 88.20 140,001 - 145,000 $800 88.21 If the gross weight of the vehicle is more than 145,000 pounds 88.22 the permit fee is determined under paragraph (e). 88.23 (g) For vehicles which exceed the width limitations set 88.24 forth in section 169.80 by more than 72 inches, an additional 88.25 cost equal to $120 added to the amount in paragraph (a) when the 88.26 permit is issued while seasonal load restrictions pursuant to 88.27 section 169.87 are in effect. 88.28 (h) $85 for an annual permit to be issued for a period not 88.29 to exceed 12 months, for refuse compactor vehicles that carry a 88.30 gross weight of not more than: 22,000 pounds on a single rear 88.31 axle; 38,000 pounds on a tandem rear axle; or, subject to 88.32 section 169.825, subdivision 14, 46,000 pounds on a tridem rear 88.33 axle. A permit issued for up to 46,000 pounds on a tridem rear 88.34 axle must limit the gross vehicle weight to not more than 62,000 88.35 pounds. 88.36 (i) For vehicles exclusively transporting implements of 89.1 husbandry, an annual permit fee of $24. A vehicle operated 89.2 under a permit authorized by this paragraph may be moved at the 89.3 discretion of the permit holder without prior route approval by 89.4 the commissioner if: 89.5 (1) the total width of the transporting vehicle, including 89.6 load, does not exceed 14 feet; 89.7 (2) the vehicle is operated only between sunrise and 30 89.8 minutes after sunset, and is not operated at any time after 89.9 12:00 noon on Sundays or holidays; 89.10 (3) the vehicle is not operated when visibility is impaired 89.11 by weather, fog, or other conditions that render persons and 89.12 other vehicles not clearly visible at 500 feet; 89.13 (4) the vehicle displays at the front and rear of the load 89.14 or vehicle a pair of flashing amber lights, as provided in 89.15 section 169.59, subdivision 4, whenever the overall width of the 89.16 vehicle exceeds 126 inches; and 89.17 (5) the vehicle is not operated on a trunk highway with a 89.18 surfaced roadway width of less than 24 feet unless such 89.19 operation is authorized by the permit. 89.20 A permit under this paragraph authorizes movements of the 89.21 permitted vehicle on an interstate highway, and movements of 75 89.22 miles or more on other highways. 89.23 Sec. 9. [NORTHERN ZONE LOAD RESTRICTION STUDY.] 89.24 The commissioner of transportation shall conduct a study of 89.25 load restrictions and seasonal load increases in the northern 89.26 zone of Minnesota and make recommendations regarding the 89.27 establishment of one or more new zones given the varying climate 89.28 in the northern area of the state. The commissioner shall 89.29 report findings back to the committees of the senate and house 89.30 of representatives with jurisdiction over transportation policy 89.31 by December 15, 2002. 89.32 Sec. 10. [EFFECTIVE DATE.] 89.33 Sections 1 to 9 are effective the day following final 89.34 enactment." 89.35 Delete the title and insert: 89.36 "A bill for an act 90.1 relating to public safety; modifying vehicle 90.2 registration and titling provisions; regulating motor 90.3 vehicle dealer transactions; allowing electronic 90.4 transactions with department of public safety; 90.5 modifying provisions governing road inspections, first 90.6 hauls, and weight allowances for commercial motor 90.7 vehicles and requiring a study; modifying bicycle 90.8 registration provisions; modifying traffic regulations 90.9 relating to traffic-control signals, railroad grade 90.10 crossings, special mobile equipment, vehicle license 90.11 plates, and motorcycles; modifying provisions relating 90.12 to drivers' licenses and state identification cards; 90.13 exempting certain federal funds from statutory 90.14 matching requirements; authorizing expenditure of 90.15 money on bus service to mitigate traffic impact of 90.16 certain highway construction; modifying, clarifying, 90.17 and reorganizing motor carrier fuel tax provisions; 90.18 authorizing rules; making technical and clarifying 90.19 changes; amending Minnesota Statutes 2000, sections 90.20 168.011, subdivisions 4, 17, 34; 168.013, subdivision 90.21 3; 168.09, subdivisions 1, 3; 168.10, subdivision 1c; 90.22 168.187, subdivision 26; 168.27, as amended; 168.31, 90.23 subdivision 4; 168.33, subdivision 6, by adding a 90.24 subdivision; 168A.01, subdivisions 2, 24, by adding a 90.25 subdivision; 168A.04, subdivision 5; 168A.05, 90.26 subdivision 5a; 168A.09, subdivision 1; 168A.11, 90.27 subdivision 2; 168A.12, subdivisions 1, 2; 168A.15, by 90.28 adding a subdivision; 168A.154; 168A.18; 168A.19, 90.29 subdivision 2; 168A.20, subdivisions 2, 3, 4; 168A.24, 90.30 subdivision 1; 168C.02, subdivisions 1, 5; 168C.03; 90.31 168C.04, subdivision 1; 168C.05; 168C.06; 168C.07; 90.32 168C.08; 168C.09; 168C.11; 168C.12; 168C.13, 90.33 subdivision 1; 169.06, by adding a subdivision; 90.34 169.26, subdivision 1; 169.28, subdivision 1; 169.771, 90.35 subdivisions 2, 3; 169.85, subdivisions 1, 2; 169.851, 90.36 subdivision 3; 169.86, subdivision 5; 169.974, 90.37 subdivision 5; 171.02, subdivisions 1, 5; 171.04, 90.38 subdivision 1; 171.05, subdivision 2; 171.055, 90.39 subdivision 1; 171.06, subdivisions 1, 3; 171.07, 90.40 subdivision 3; 171.13, subdivision 2; 171.165; 90.41 296A.23, subdivision 7; Minnesota Statutes 2001 90.42 Supplement, sections 168.012, subdivision 1; 169.781, 90.43 subdivision 2; 169.79, subdivisions 3, 8, by adding a 90.44 subdivision; 171.07, subdivision 1; 221.221, 90.45 subdivision 2; proposing coding for new law in 90.46 Minnesota Statutes, chapter 168; proposing coding for 90.47 new law as Minnesota Statutes, chapter 168D; repealing 90.48 Minnesota Statutes 2000, sections 171.30, subdivision 90.49 3; 296A.27; 296A.28." 91.1 We request adoption of this report and repassage of the 91.2 bill. 91.5 House Conferees: 91.8 ......................... ......................... 91.9 William Kuisle James T. Clark 91.12 ......................... 91.13 Sharon Marko 91.18 Senate Conferees: 91.21 ......................... ......................... 91.22 Steve Murphy David H. Johnson 91.25 ......................... 91.26 Mark Ourada