3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public safety; modifying vehicle 1.3 registration provisions; regulating certain motor 1.4 vehicle dealer transactions; modifying provisions 1.5 governing road inspections, first hauls, and weight 1.6 allowances for commercial motor vehicles and requiring 1.7 a study; allowing certain transactions with department 1.8 of public safety to be conducted electronically; 1.9 setting vehicle title fees; modifying bicycle 1.10 registration provisions; modifying certain traffic 1.11 regulations; requiring proof of legal presence in this 1.12 country to obtain driver's license, permit, or 1.13 identification card; modifying certain license plate 1.14 display requirements; authorizing special veteran and 1.15 patriot license plates; modifying commercial driver's 1.16 license exemption for snowplow drivers; providing for 1.17 driver's license to be issued to legally emancipated 1.18 minor; modifying commercial driver's license 1.19 provisions to conform to federal law; exempting 1.20 certain funds from matching requirements; authorizing 1.21 rules; making technical and clarifying changes; 1.22 amending Minnesota Statutes 2000, sections 168.011, 1.23 subdivisions 4, 17, 34; 168.013, subdivision 3; 1.24 168.09, subdivisions 1, 3; 168.10, subdivision 1c; 1.25 168.123, subdivision 2; 168.27, as amended; 168.31, 1.26 subdivision 4; 168.33, subdivision 6, by adding a 1.27 subdivision; 168A.01, subdivisions 2, 24, by adding a 1.28 subdivision; 168A.04, subdivision 5; 168A.05, 1.29 subdivision 5a; 168A.09, subdivision 1; 168A.11, 1.30 subdivision 2; 168A.12, subdivisions 1, 2; 168A.154; 1.31 168A.18; 168A.19, subdivision 2; 168A.20, subdivisions 1.32 2, 3, 4; 168A.24, subdivision 1; 168A.29, subdivision 1.33 1; 168C.02, subdivisions 1, 5; 168C.03; 168C.04, 1.34 subdivision 1; 168C.05; 168C.06; 168C.07; 168C.08; 1.35 168C.09; 168C.11; 168C.12; 168C.13, subdivision 1; 1.36 169.06, by adding a subdivision; 169.26, subdivision 1.37 1; 169.28, subdivision 1; 169.771, subdivisions 2, 3; 1.38 169.85, subdivisions 1, 2; 169.851, subdivision 3; 1.39 169.86, subdivision 5; 169.974, subdivision 5; 171.02, 1.40 subdivisions 1, 5; 171.04, subdivision 1; 171.05, 1.41 subdivision 2; 171.055, subdivision 1; 171.06, 1.42 subdivisions 1, 3; 171.07, subdivision 3; 171.13, 1.43 subdivision 2; 171.165; Minnesota Statutes 2001 1.44 Supplement, sections 168.012, subdivision 1; 169.781, 1.45 subdivision 2; 169.79, subdivisions 3, 8, by adding a 1.46 subdivision; 171.07, subdivision 1; proposing coding 2.1 for new law in Minnesota Statutes, chapter 168; 2.2 repealing Minnesota Statutes 2000, sections 115A.908, 2.3 subdivision 2; 171.30, subdivision 3; Minnesota 2.4 Statutes 2001 Supplement, section 115A.908, 2.5 subdivision 1. 2.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.7 ARTICLE 1 2.8 PUBLIC SAFETY MISCELLANY 2.9 Section 1. Minnesota Statutes 2000, section 168.011, 2.10 subdivision 4, is amended to read: 2.11 Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any 2.12 self-propelled vehicle designed and originally manufactured to 2.13 operate primarily upon public roads and highways, and not 2.14 operated exclusively upon railroad tracksand. It includes any 2.15 vehicle propelled or drawn by a self-propelled vehicle and 2.16 includes vehicles known as trackless trolleyswhichthat are 2.17 propelled by electric power obtained from overhead trolley wires 2.18 but not operated upon rails, except. It does not include 2.19 snowmobiles, manufactured homes,andor park trailers. 2.20 (b) "Motor vehicle" also includes an all-terrain vehicle, 2.21 as defined in section 84.92, subdivision 8,whichthat (1) has 2.22 at least four wheels, (2) is owned and operated by a physically 2.23 disabled person, and (3) displays both physically disabled 2.24 license plates and a physically disabled certificate issued 2.25 under section 169.345, subdivision 3. 2.26 (c) Motor vehicle does not include an all-terrain vehicle 2.27 as defined in section 84.92, subdivision 8; except (1) an 2.28 all-terrain vehicle described in paragraph (b), or (2) an 2.29 all-terrain vehicle licensed as a motor vehicle before August 1, 2.30 1985, in which case. The owner may continue to licenseitan 2.31 all-terrain vehicle described in clause (2) as a motor vehicle 2.32 until it is conveyed or otherwise transferred to another owner, 2.33 is destroyed, or fails to comply with the registration and 2.34 licensing requirements of this chapter. 2.35 Sec. 2. Minnesota Statutes 2000, section 168.011, 2.36 subdivision 34, is amended to read: 2.37 Subd. 34. [FLEET.] "Fleet" means a combination of10050 2.38 or more vehicles and trailers owned by a person solely for the 3.1 use of that person or employees of the person and registered in 3.2 this state under section 168.127. It does not include vehicles 3.3 licensed under section 168.187. 3.4 Sec. 3. Minnesota Statutes 2001 Supplement, section 3.5 168.012, subdivision 1, is amended to read: 3.6 Subdivision 1. [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE 3.7 DISPLAY.] (a) The following vehicles are exempt from the 3.8 provisions of this chapter requiring payment of tax and 3.9 registration fees, except as provided in subdivision 1c: 3.10 (1) vehicles owned and used solely in the transaction of 3.11 official business by the federal government, the state, or any 3.12 political subdivision; 3.13 (2) vehicles owned and used exclusively by educational 3.14 institutions and used solely in the transportation of pupils to 3.15 and from those institutions; 3.16 (3) vehicles used solely in driver education programs at 3.17 nonpublic high schools; 3.18 (4) vehicles owned by nonprofit charities and used 3.19 exclusively to transport disabled persons for educational 3.20 purposes; 3.21 (5)vehicles owned and used by honorary consul;3.22(6)ambulances owned by ambulance services licensed under 3.23 section 144E.10, the general appearance of which is 3.24 unmistakable; and 3.25(7)(6) vehicles owned by a commercial driving school 3.26 licensed under section 171.34, or an employee of a commercial 3.27 driving school licensed under section 171.34, and the vehicle is 3.28 used exclusively for driver education and training. 3.29 (b) Vehicles owned by the federal government, municipal 3.30 fire apparatuses including fire-suppression support vehicles, 3.31 police patrols, and ambulances, the general appearance of which 3.32 is unmistakable, are not required to register or display number 3.33 plates. 3.34 (c) Unmarked vehicles used in general police work, liquor 3.35 investigations, or arson investigations, and passenger 3.36 automobiles, pickup trucks, and buses owned or operated by the 4.1 department of corrections, must be registered and must display 4.2 appropriate license number plates, furnished by the registrar at 4.3 cost. Original and renewal applications for these license 4.4 plates authorized for use in general police work and for use by 4.5 the department of corrections must be accompanied by a 4.6 certification signed by the appropriate chief of police if 4.7 issued to a police vehicle, the appropriate sheriff if issued to 4.8 a sheriff's vehicle, the commissioner of corrections if issued 4.9 to a department of corrections vehicle, or the appropriate 4.10 officer in charge if issued to a vehicle of any other law 4.11 enforcement agency. The certification must be on a form 4.12 prescribed by the commissioner and state that the vehicle will 4.13 be used exclusively for a purpose authorized by this section. 4.14 (d) Unmarked vehicles used by the departments of revenue 4.15 and labor and industry, fraud unit, in conducting seizures or 4.16 criminal investigations must be registered and must display 4.17 passenger vehicle classification license number plates, 4.18 furnished at cost by the registrar. Original and renewal 4.19 applications for these passenger vehicle license plates must be 4.20 accompanied by a certification signed by the commissioner of 4.21 revenue or the commissioner of labor and industry. The 4.22 certification must be on a form prescribed by the commissioner 4.23 and state that the vehicles will be used exclusively for the 4.24 purposes authorized by this section. 4.25 (e) Unmarked vehicles used by the division of disease 4.26 prevention and control of the department of health must be 4.27 registered and must display passenger vehicle classification 4.28 license number plates. These plates must be furnished at cost 4.29 by the registrar. Original and renewal applications for these 4.30 passenger vehicle license plates must be accompanied by a 4.31 certification signed by the commissioner of health. The 4.32 certification must be on a form prescribed by the commissioner 4.33 and state that the vehicles will be used exclusively for the 4.34 official duties of the division of disease prevention and 4.35 control. 4.36 (f) Unmarked vehicles used by staff of the gambling control 5.1 board in gambling investigations and reviews must be registered 5.2 and must display passenger vehicle classification license number 5.3 plates. These plates must be furnished at cost by the 5.4 registrar. Original and renewal applications for these 5.5 passenger vehicle license plates must be accompanied by a 5.6 certification signed by the board chair. The certification must 5.7 be on a form prescribed by the commissioner and state that the 5.8 vehicles will be used exclusively for the official duties of the 5.9 gambling control board. 5.10 (g) All other motor vehicles must be registered and display 5.11 tax-exempt number plates, furnished by the registrar at cost, 5.12 except as provided in subdivision 1c. All vehicles required to 5.13 display tax-exempt number plates must have the name of the state 5.14 department or political subdivision, nonpublic high school 5.15 operating a driver education program, or licensed commercial 5.16 driving school, plainly displayed on both sides of the vehicle; 5.17 except that each state hospital and institution for the mentally 5.18 ill and mentally retarded may have one vehicle without the 5.19 required identification on the sides of the vehicle, and county 5.20 social service agencies may have vehicles used for child and 5.21 vulnerable adult protective services without the required 5.22 identification on the sides of the vehicle. This identification 5.23 must be in a color giving contrast with that of the part of the 5.24 vehicle on which it is placed and must endure throughout the 5.25 term of the registration. The identification must not be on a 5.26 removable plate or placard and must be kept clean and visible at 5.27 all times; except that a removable plate or placard may be 5.28 utilized on vehicles leased or loaned to a political subdivision 5.29 or to a nonpublic high school driver education program. 5.30 Sec. 4. Minnesota Statutes 2000, section 168.013, 5.31 subdivision 3, is amended to read: 5.32 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 5.33 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 5.34 gross weight shall state the unloaded weight of the motor 5.35 vehicle, trailer, or semitrailer and the maximum load the 5.36 applicant proposes to carrythereonon it, the sum of 6.1 whichshall constituteconstitutes the gross weight upon which 6.2 the license taxshallmust be paid, but in no case shall. 6.3 However, the declared gross weight upon which the tax is 6.4 paid must not be less than 1-1/4 times the declared unloaded 6.5 weight of the motor vehicle, trailer, or semitrailer to be 6.6 registered, except recreational vehicles taxed under subdivision 6.7 1g, school buses taxed under subdivision 18, and tow trucks or 6.8 towing vehicles defined in section 169.01, subdivision 52. The 6.9 gross weight of a tow truck or towing vehicle is the actual 6.10 weight of the tow truck or towing vehicle fully equipped, but 6.11 does not include the weight of a wrecked or disabled vehicle 6.12 towed or drawn by the tow truck or towing vehicle. 6.13 (b) The gross weight ofnoa motor vehicle, trailer, or 6.14 semitrailershallmust not exceed the gross weight upon which 6.15 the license tax has been paid by more than four percent or 1,000 6.16 pounds, whichever is greater. 6.17 (c) The gross weight of the motor vehicle, trailer, or 6.18 semitrailer for which the license tax is paidshallmust be 6.19 indicated by a distinctive character on the license plate or 6.20 plates except as provided in subdivision 12 and the plate or 6.21 platesshallmust be kept clean and clearly visible at all times. 6.22 (d) The owner, driver, or user of a motor vehicle, trailer, 6.23 or semitrailer, upon conviction for transporting a gross weight 6.24 in excess of the gross weight for which it was registered or for 6.25 operating a vehicle with an axle weight exceeding the maximum 6.26 lawful axle load weightshall be, is guilty of a misdemeanor and 6.27besubject to increased registration or reregistration according 6.28 to the following schedule: 6.29 (1)The owner, driver or user of a motor vehicle, trailer6.30or semitrailerUpon conviction for transporting a gross weight 6.31 in excess of the gross weight for whichita motor vehicle, 6.32 trailer, or semitrailer is registered by more than four percent 6.33 or 1,000 pounds, whichever is greater, but less than 25 percent, 6.34 or for operating or using a motor vehicle, trailer, or 6.35 semitrailer with an axle weight exceeding the maximum lawful 6.36 axle load as provided in section 169.825 by more than four 7.1 percent or 1,000 pounds, whichever is greater, but less than 25 7.2 percent, the owner, driver, or user of the motor vehicle, 7.3 trailer, or semitrailer used to commit the violation, in 7.4 addition to any penalty imposed for the misdemeanor, shall apply 7.5 to the registrar to increase the authorized gross weight to be 7.6 carried on the vehicle to a weight equal to or greater than the 7.7 gross weight the owner, driver, or user was convicted of 7.8 carrying,. The increase is computed for the balance of the 7.9 calendar year on the basis of 1/12 of the annual tax for each 7.10 month remaining in the calendar year beginning with the first 7.11 day of the month in which the violation occurred. If the 7.12 additional registration tax computed upon that weight, plus the 7.13 tax already paid, amounts to more than the regular tax for the 7.14 maximum gross weight permitted for the vehicle under section 7.15 169.825, that additional amountshallmust nevertheless be paid 7.16 into the highway fund, but the additional tax thus paidshall7.17 does not authorize or permit any person to operate the vehicle 7.18to be operatedwith a gross weight in excess of the maximum 7.19 legal weight as provided by section 169.825. Unless the owner 7.20 within 30 days after a convictionshall applyapplies to 7.21 increase the authorized weight andpaypays the additional tax 7.22 as provided in this section, the registrar shall revoke the 7.23 registration on the vehicle and demand the return of the 7.24 registration card and plates issued on that registration. 7.25 (2)The owner or driver or user of a motor vehicle, trailer7.26or semitrailerUpon conviction of an owner, driver, or user of a 7.27 motor vehicle, trailer, or semitrailer for transporting a gross 7.28 weight in excess of the gross weight for which the motor 7.29 vehicle, trailer, or semitrailer was registered by 25 percent or 7.30 more, or for operating or usingathe vehicle or trailer with an 7.31 axle weight exceeding the maximum lawful axle load as provided 7.32 in section 169.825 by 25 percent or more, and in addition to any 7.33 penalty imposed for the misdemeanor, the registrar shallhave7.34 either (i) cancel the reciprocity privileges on the vehicle 7.35 involved if the vehicle is being operated under 7.36 reciprocitycanceled by the registrar,or (ii) if the vehicle is 8.1 not being operated under reciprocity, cancel the certificate of 8.2 registration on the vehicle operatedshall be canceled by the8.3registrarandthe registrar shalldemand the return of the 8.4 registration certificate and registration plates. The registrar 8.5 may not cancel the registration or reciprocity privileges for 8.6 any vehicle found in violation of seasonal load restrictions 8.7 imposed under section 169.87 unless the axle weight exceeds the 8.8 year-round weight limit for the highway on which the violation 8.9 occurred. The registrar may investigate any allegation of gross 8.10 weight violations and demand that the operator show cause why 8.11 all future operating privileges in the state should not be 8.12 revoked unless the additional tax assessed is paid. 8.13 (3) Clause (1) does not apply to the first haul of 8.14 unprocessed or raw farm products or unfinished forest products, 8.15 when the registered gross weight is not exceeded by more than 8.16 ten percent. For purposes of this clause, "first haul" means (i) 8.17 the first, continuous transportation of unprocessed or raw farm 8.18 products from the place of production or on-farm storage site to 8.19 any other location within 50 miles of the place of production or 8.20 on-farm storage site, or (ii) the first, continuous 8.21 transportation of unfinished forest products from the place of 8.22 production to the place of first unloading. 8.23 (4) When the registration on a motor vehicle, trailer, or 8.24 semitrailer is revoked by the registrar according toprovisions8.25ofthis section, the vehicleshallmust not be operated on the 8.26 highways of the state until it is registered or reregistered, as 8.27 the case may be, and new plates issued, and the registration fee 8.28shall beis the annual tax for the total gross weight of the 8.29 vehicle at the time of violation. The reregistration pursuant 8.30 to this subdivision of any vehicle operating under reciprocity 8.31 agreements pursuant to section 168.181 or 168.187shallmust be 8.32 at the full annual registration fee without regard to the 8.33 percentage of vehicle miles traveled in this state. 8.34 Sec. 5. Minnesota Statutes 2000, section 168.09, 8.35 subdivision 1, is amended to read: 8.36 Subdivision 1. [REGISTRATION REQUIRED.] No trailer or 9.1 motor vehicle, except as is exempted by section 168.012,shall9.2usemay be used orbeoperated upon the public streets or 9.3 highways of the state in any calendar year until it is 9.4 registered,as provided in this section,andthe motor vehicle 9.5 tax and fees as provided in this chapter are paid, and the 9.6 number plates issued for the trailer or motor vehicle are 9.7 displayed onthe vehicleit. No trailer or motor vehicle, 9.8 except as provided by section 168.012, whichshallfor any 9.9 reason is notbesubject to taxation as provided in this 9.10 chapter,shall usemay be used orbeoperated upon the public 9.11 streets or highways of this state until it is registered,as 9.12 provided in this section,andshall displaydisplays number 9.13 plates as required bythe provisions ofthis chapter, except 9.14 that the purchaser of a new trailer or motor vehicle may operate 9.15that motor vehicleit without plates if the permit authorized by 9.16 section 168.091 or 168.092 is displayed. 9.17 Sec. 6. Minnesota Statutes 2000, section 168.09, 9.18 subdivision 3, is amended to read: 9.19 Subd. 3. [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates 9.20 or other insignia issued for a motor vehicle registered under 9.21the provisions ofsection 168.187 for a calendar year shall be 9.22 displayed on the motor vehicle not later than 12:01 a.m. on 9.23 March 2 of the year unless extended by the registrar for the 9.24 period of time required for the issuance of the new plates or 9.25 insignia. The commissioner of public safety shall register all 9.26 motor vehicles registered under section 168.187 for a period of 9.27 14 months for the registration year 1994 to implementthe9.28provisions ofthis subdivision. The registration year for 9.29 vehicles registered under section 168.187, as provided in this 9.30 sectionshall be, is from March 1 to the last day of February 9.31 for 1995 and succeeding years. 9.32 (b) Except for a motor vehicle registered under section 9.33 168.017 or 168.187, plates or other insignia issued for a 9.34 self-propelled motor vehicle registered for over 27,000 9.35 poundsexcept a motor vehicle registered under the provision of9.36sections 168.017 and 168.187shall be displayed on the vehicle 10.1 not later than 12:01 a.m. on March 2 of the year,norand, 10.2 except for recreational equipment, not earlier than 12:01 a.m. 10.3 on February 15 of the year, unless otherwise extended by the 10.4 registrar for the period of time required forthe issuance of10.5 issuing the new plates or insignia. 10.6 (c) Except for a motor vehicle registered under section 10.7 168.017 or 168.187, plates or other insignia issued for a 10.8 self-propelled vehicle registered for 27,000 pounds or less and 10.9 all other motor vehiclesexcept those registered under the10.10provisions of section 168.017 or 168.187shall be displayed not 10.11 later than 12:01 a.m. on March 2 of the year, and, except for 10.12 recreational equipment, not earlier than January 1 of the year 10.13 unless otherwise extended by the registrar for the period of 10.14 time required forthe issuance ofissuing the new plates or 10.15 insignia. The registration year for all vehicles as provided in 10.16 this paragraph and paragraph (b)shall beis from March 1 to the 10.17 last day of February for 1979 and succeeding years. 10.18 Sec. 7. Minnesota Statutes 2000, section 168.10, 10.19 subdivision 1c, is amended to read: 10.20 Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a) 10.21 The owner of any motor vehicle, including any truck, that is at 10.22 least 20 model years oldand, was manufactured after 1935,or10.23any motor vehicle of a defunct make defined as any car or truck10.24originally licensed as a separate identifiable make as10.25designated by the division of motor vehicles,and is owned and 10.26 operated solely as a collector's vehicle, shallbe listedlist 10.27 the vehicle for taxation and registration as follows: 10.28 (1) execute an affidavitshall be executedstating the name 10.29 and address of the person from whom purchased and of the new 10.30 owner, the make of the motor vehicle, the year and number of the 10.31 model, the manufacturer's identification number, and that the 10.32 vehicle is owned and operated solely as a collector's item and 10.33 not for general transportation purposes. The owner must also; 10.34 and 10.35 (2) prove that the owner also has one or more vehicles with 10.36 regular license plates. 11.1 If the registrar is satisfied that the affidavit is true and 11.2 correct and the owner pays a $25 tax, the registrar shall list 11.3 the vehicle for taxation and registration and shall issue a 11.4 single number plate. 11.5 (b) The number plate issued shall bear the inscription 11.6 "Collector," "Minnesota," and the registration number or other 11.7 combination of characters authorized under section 168.12, 11.8 subdivision 2a, but no date. The number plate is valid without 11.9 renewal as long as the vehicle is in existence. The registrar 11.10 has the power to revoke the plate for failure to comply with 11.11 this subdivision. 11.12 Sec. 8. Minnesota Statutes 2000, section 168.123, 11.13 subdivision 2, is amended to read: 11.14 Subd. 2. [DESIGN.] The commissioner of veterans affairs 11.15 shall design the special plates, subject to the approval of the 11.16 registrar, that satisfy the following requirements: 11.17 (a) For a Vietnam veteran who served after July 1, 1961, 11.18 and before July 1, 1978, the special plates must bear the 11.19 inscription "VIETNAM VET" and the letters "V" and "V" with the 11.20 first letter directly above the second letter and both letters 11.21 just preceding the first numeral of the special license plate 11.22 number. 11.23 (b) For a veteran stationed on the island of Oahu, Hawaii, 11.24 or offshore, during the attack on Pearl Harbor on December 7, 11.25 1941, the special plates must bear the inscription "PEARL HARBOR 11.26 SURVIVOR" and the letters "P" and "H" with the first letter 11.27 directly above the second letter and both letters just preceding 11.28 the first numeral of the special license plate number. 11.29 (c) For a veteran who served during World War I or World 11.30 War II, the special plates must bear the inscription "WORLD WAR 11.31 VET" and: 11.32 (1) for a World War I veteran, the characters "W" and "I" 11.33 with the first character directly above the second character and 11.34 both characters just preceding the first numeral of the special 11.35 license plate number; or 11.36 (2) for a World War II veteran, the characters "W" and "II" 12.1 with the first character directly above the second character and 12.2 both characters just preceding the first numeral of the special 12.3 license plate number. 12.4 (d) For a veteran who served during the Korean Conflict, 12.5 the special plates must bear the inscription "KOREAN VET" and 12.6 the letters "K" and "V" with the first letter directly above the 12.7 second letter and both letters just preceding the first numeral 12.8 of the special license plate number. 12.9 (e) For a combat wounded veteran who is a recipient of the 12.10 purple heart medal, the special plates must bear the inscription 12.11 "COMBAT WOUNDED VET" and inscribed with a facsimile of the 12.12 official purple heart medal and the letters "c" over "w" with 12.13 the first letter directly over the second letter just preceding 12.14 the first numeral of the special license plate number. 12.15 (f) For a Persian Gulf war veteran, the special plates must 12.16 bear the inscription "GULF WAR VET" and the letters "G" and "W" 12.17 with the first letter directly above the second letter and both 12.18 letters just preceding the first numeral of the special license 12.19 plate number. For the purposes of this section, "Persian Gulf 12.20 war veteran" means a person who served on active duty after 12.21 August 1, 1990, in a branch of the armed forces of the United 12.22 States or United Nations during Operation Desert Shield, 12.23 Operation Desert Storm, or other military operation in the 12.24 Persian Gulf area combat zone as designated in United States 12.25 Presidential Executive Order No. 12744, dated January 21, 1991. 12.26 (g) For a veteran who served in the Laos War after July 1, 12.27 1961, and before July 1, 1978, the special plates must bear the 12.28 inscription "LAOS WAR VET" and the letters "L" and "V" with the 12.29 first letter directly above the second letter and both letters 12.30 just preceding the first numeral of the special license plate 12.31 number. 12.32 (h) For any other veteran, as defined in section 197.447, 12.33 the special plates must bear the inscription "PROUD TO BE A 12.34 VETERAN" on the bottom of the plate, and the flag of the United 12.35 States of America on the left side of the plate just preceding 12.36 the first letter or numeral of the special license plate 13.1 number. The registrar must determine both the actual costs and 13.2 fees paid for the plates, and must pay the fees into the state 13.3 treasury to be credited as follows: 13.4 (1) a sum equal to the cost of the plates must be credited 13.5 to the highway user tax distribution fund; and 13.6 (2) any remainder must be credited to the World War II 13.7 memorial donation match account. 13.8 Sec. 9. [168.1255] [SPECIAL PATRIOT LICENSE PLATES.] 13.9 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 13.10 registrar shall issue special patriot license plates to an 13.11 applicant who: 13.12 (1) is an owner or joint owner of a passenger automobile, 13.13 pickup truck, or van; 13.14 (2) pays a fee of $10 to cover the costs of handling and 13.15 manufacturing the plates; 13.16 (3) pays the registration tax required under section 13.17 168.013; 13.18 (4) pays the fees required under this chapter; and 13.19 (5) complies with laws and rules governing registration and 13.20 licensing of vehicles and drivers. 13.21 Subd. 2. [DESIGN.] The special patriot plates must bear 13.22 the inscription "PROUD TO BE AN AMERICAN" on the bottom of the 13.23 plate, and the flag of the United States of America on the left 13.24 side of the plate just preceding the first letter or numeral of 13.25 the special license plate number. The special license plates 13.26 must be of a design and size to be determined by the registrar. 13.27 Subd. 3. [PLATE TRANSFERS.] Notwithstanding section 13.28 168.12, subdivision 1, on payment of a transfer fee of $5, 13.29 plates issued under this section may be transferred to another 13.30 passenger automobile, pickup truck, or van owned or jointly 13.31 owned by the person to whom the special plates were issued. 13.32 Subd. 4. [FEES CREDITED.] The registrar must determine 13.33 both the actual costs and fees paid for the special plates, and 13.34 must pay the fees into the state treasury to be credited as 13.35 follows: 13.36 (1) a sum equal to the cost of the plates must be credited 14.1 to the highway user tax distribution fund; and 14.2 (2) any remainder must be credited to the state World War 14.3 II memorial fund. 14.4 Subd. 5. [RECORD.] The registrar shall maintain a record 14.5 of the number of special plates issued under this section. 14.6 Sec. 10. Minnesota Statutes 2000, section 168.27, as 14.7 amended by Laws 2001, chapter 151, section 1; and Laws 2001, 14.8 First Special Session chapter 8, article 2, sections 35 and 36, 14.9 is amended to read: 14.10 168.27 [MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES.] 14.11 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 14.12 section, thefollowingterms in paragraphs (b) to (o) have the 14.13 meanings given them:. 14.14(1)(b) "Leasing motor vehicles" means furnishing a motor 14.15 vehicle for a fee under a bailor-bailee relationship where no 14.16 incidences of ownership are intended to be transferred other 14.17 than the right to use the vehicle for a stated period of time. 14.18(2)(c) "Brokering motor vehicles" means arranging sales or 14.19 leases between buyers and sellers, or lessees and lessors, of 14.20 motor vehicles and receiving a fee for those services. 14.21(3)(d) "Wholesaling motor vehicles" means selling new or 14.22 used motor vehicles to dealers for resale to the public. 14.23(4)(e) "Auctioning motor vehicles" means arranging for and 14.24 handling the sale of motor vehicles, not the property of the 14.25 auctioneer, to the highest bidder. 14.26(5)(f) "Dealer" includes licensed new motor vehicle 14.27 dealers, used motor vehicle dealers, motor vehicle brokers, 14.28 wholesalers, auctioneers, lessors of new or used motor vehicles, 14.29 scrap metal processors, used vehicle parts dealers, and salvage 14.30 pools. 14.31(6)(g) "Commercial building" means a permanent, enclosed 14.32 building that is on a permanent foundation and connected to 14.33 local sewer and water facilities or otherwise complying with 14.34 local sanitary codes, is adapted to commercial use, and conforms 14.35 to local government zoning requirements. "Commercial building" 14.36 may include strip office malls or garages if a separate entrance 15.1 and a separate address are maintained and the dealership is 15.2 clearly identified as a separate business. 15.3(7)(h) "Commercial office space" means office space 15.4 occupying all or part of a commercial building. 15.5(8)(i) "Horse trailer" is a trailer designed and used to 15.6 carry horses and other livestock, which has not more than three 15.7 axles and a maximum gross weight capacity of not more than 15.8 24,000 pounds. 15.9(9)(j) "Used motor vehicle" means a motor vehicle for 15.10 which title has been transferred from the person who first 15.11 acquired it from the manufacturer, distributor, or dealer. A 15.12 new motor vehicle will not be considered a used motor vehicle 15.13 until it has been placed in actual operation and not held for 15.14 resale by an owner who has been granted a certificate of title 15.15 on the motor vehicle and has registered the motor vehicle in 15.16 accordance with this chapter and chapters 168A and 297B, or the 15.17 laws of the residence of the owner. 15.18(10)(k) "New motor vehicle" means a motor vehicle other 15.19 than described in paragraph(9)(j). 15.20(11)(l) "Junked vehicle" means a vehicle that is declared 15.21 unrepairable under section 168A.151. 15.22(12)(m) "Motor vehicle" has the meaning given it in 15.23 section 168.011, subdivision 4, and also includes a park trailer 15.24 as defined in section 168.011, subdivision 8. 15.25(13)(n) "Motor vehicle broker" means a person who arranges 15.26 the sale of a motor vehicle between a buyer and a seller, or the 15.27 lease of a motor vehicle between a lessee and a lessor, for 15.28 which service the broker receives a fee. 15.29 (o) "Registration year" means the 12-month period for which 15.30 a dealer license is issued. 15.31 Subd. 1a. [DEALER LICENSE CATEGORIES.] (a) No person shall 15.32 engage in the business of selling new motor vehicles or shall 15.33 offer to sell, solicit, deliver, or advertise the sale of new 15.34 motor vehicles without first acquiring a new motor vehicle 15.35 dealer license. 15.36 (b) No person shall engage in the business of selling used 16.1 motor vehicles or shall offer to sell, solicit, deliver, or 16.2 advertise the sale of used motor vehicles without first 16.3 acquiring a used motor vehicle dealer license. 16.4 (c) No person shall engage in the business of buying or 16.5 otherwise acquiring vehicles other than hulks; or offering to 16.6 buy or otherwise acquire, or soliciting or advertising the 16.7 buying or acquiring of, vehicles other than hulks for processing 16.8 and selling the metal for remelting without first acquiring a 16.9 scrap metal processor license. 16.10 For purposes of this paragraph, a "hulk" is a motor vehicle 16.11 that is incapable, under its own power, of moving and is 16.12 incapable of transporting persons or property and has had 16.13 valuable used parts removed. Its sole value is its metallic 16.14 content. 16.15 (d) No person shall be primarily engaged in the business of 16.16 buying or otherwise acquiring vehicles for the purpose of 16.17 dismantling the vehicles and selling used parts and the 16.18 remaining scrap metals without first acquiring a used vehicle 16.19 parts dealer license. 16.20 (e) No person shall engage in the business of storing and 16.21 displaying, offering to store or display, or soliciting or 16.22 advertising the storing or displaying, for sale, of damaged or 16.23 junked vehicles as an agent or escrow agent of an insurance 16.24 company without first acquiring a vehicle salvage pool license. 16.25 (f) No person shall engage in the business of leasing motor 16.26 vehicles or shall offer to lease, solicit or advertise to lease 16.27 motor vehicles without first acquiring a motor vehicle lessor 16.28 license. 16.29 (g) No person shall engage in the business of wholesaling 16.30 motor vehicles to dealers for resale or shall offer to sell, 16.31 solicit or advertise the sale of motor vehicles to dealers for 16.32 resale without first acquiring a motor vehicle wholesaler 16.33 license. 16.34 (h) No person shall engage in the business of auctioning 16.35 motor vehicles for more than one owner at an auction or shall 16.36 offer to sell, solicit or advertise the sale of motor vehicles 17.1 at auction without first acquiring a motor vehicle auctioneer 17.2 license. 17.3 (i) No person shall engage in the business of brokering 17.4 motor vehicles without first acquiring a motor vehicle broker's 17.5 license. 17.6 Subd. 2. [NEW MOTOR VEHICLE DEALER.] (a)No person shall17.7engage in the business of selling new motor vehicles or shall17.8offer to sell, solicit, deliver, or advertise the sale of new17.9motor vehicles without first acquiring a new motor vehicle17.10dealer license.A new motor vehicle dealer licenseeshall be17.11entitled thereunder tomay sell, broker, wholesale, or auction 17.12 andtosolicit and advertise the sale, broker, wholesale, or 17.13 auction of new motor vehicles covered by the franchise and any 17.14 used motor vehicles or to lease and to solicit and advertise the 17.15 lease of new motor vehicles and any used motor vehiclesand such. 17.16 New motor vehicle dealer sales or leases may be either for 17.17 consumer use at retail or for resale to a dealer. A new motor 17.18 vehicle dealer may engage in the business of buying or otherwise 17.19 acquiring vehicles for dismantling the vehicles and selling used 17.20 parts and remaining scrap materials under chapter 168A, except 17.21 that a new motor vehicle dealer may not purchase a junked 17.22 vehicle from a salvage pool, insurance company, or its agent 17.23 unless the dealer is also licensed as a used vehicle parts 17.24 dealer. Nothingherein shall be construed to requirein this 17.25 subdivision requires an applicant for a dealer license who 17.26 proposes to deal in: (1) new and unused motor vehicle bodies; 17.27 or (2) type A, B, or C motor homes as defined in section 17.28 168.011, subdivision 25, to have a bona fide contract or 17.29 franchise in effect with either the first-stage manufacturer of 17.30 the motor home or the manufacturer or distributor of any motor 17.31 vehicle chassis upon which the new and unused motor vehicle body 17.32 is mounted. The modification or conversion of a new van-type 17.33 vehicle into a multipurpose passenger vehicle which is not a 17.34 motor home does not constitute dealing in new or unused motor 17.35 vehicle bodies, and a person engaged in the business of selling 17.36 these van-type vehicles must have a bona fide contract or 18.1 franchise with the appropriate manufacturer under subdivision 18.2 10. A van converter or modifier who owns these modified or 18.3 converted van-type vehicles may sell them at wholesale to new 18.4 motor vehicle dealers having a bona fide contract or franchise 18.5 with the first-stage manufacturer of the vehicles. 18.6 (b) The requirements pertaining to franchises do not apply 18.7 to persons who remodel or convert motor vehicles for medical 18.8 purposes. For purposes of this subdivision, "medical purpose" 18.9 means certification by a licensed physician that remodeling or 18.10 conversion of a motor vehicle is necessary to enable a disabled 18.11 person to use the vehicle. 18.12 (c) A new motor vehicle dealer shall not deliver a 18.13 manufacturer's or importer's certificate of origin for a 18.14 passenger automobile, pickup truck, or van requiring a 18.15 certificate of titlepursuantaccording to chapter 168A to any 18.16 person in conjunction with the sale of a vehicle except to the 18.17 department, another new motor vehicle dealer licensed to sell 18.18 the same line or make, or a person whose primary business is 18.19 picking up and delivering motor vehicle title documents. 18.20 (d) If a new motor vehicle dealer agrees to sell or lease a 18.21 new motor vehicle using the services of a motor vehicle broker, 18.22 the new motor vehicle dealer may not refuse to deliver 18.23 possession of the vehicle to the buyer or lessee. This 18.24 paragraph does not require delivery unless all arrangements have 18.25 been properly completed for payment, insurance required by law, 18.26 titling, transfer, and registration of the new vehicle and any 18.27 trade-in vehicle. Delivery may take place at or away from the 18.28 dealership. 18.29 Subd. 3. [USED MOTOR VEHICLE DEALER.]No person shall18.30engage in the business of selling or arranging the sale of used18.31motor vehicles or shall offer to sell, solicit, arrange, or18.32advertise the sale of used motor vehicles without first18.33acquiring a used motor vehicle dealer license.A used motor 18.34 vehicle dealer licenseeshall be entitled thereunder tomay 18.35 sell, lease, broker, wholesale or auction andtosolicit and 18.36 advertise the sale, lease, broker, wholesale or auction of any 19.1 used motor vehicles for consumer use at retail or for resale to 19.2 a dealer. A used motor vehicle dealer may engage in the 19.3 business of buying or otherwise acquiring vehicles for 19.4 dismantling the vehicles and selling used parts and remaining 19.5 scrap materials under chapter 168A, except that a used motor 19.6 vehicle dealer may not acquire a junked vehicle from a salvage 19.7 pool, insurance company, or its agent, unless the dealer is also 19.8 licensed as a used vehicle parts dealer. 19.9 Subd. 3a. [SCRAP METAL PROCESSOR.](a) A person must have19.10a scrap metal processor license to engage in the business of:19.11(1) buying or otherwise acquiring vehicles other than19.12hulks; or19.13(2) offering to buy or otherwise acquire, or soliciting or19.14advertising the buying or acquiring of, vehicles other than19.15hulks for processing and selling the metal for remelting. For19.16purposes of this subdivision, a "hulk" is a motor vehicle that19.17is incapable, under its own power, of moving and is incapable of19.18transporting persons or property and has had any valuable used19.19parts removed. Its sole value is its metallic content.19.20(b)A scrap metal processor licenseeis entitled tomay buy 19.21 or otherwise acquire vehicles andtosolicit and advertise the 19.22 buying or acquiring of vehicles for processing and selling the 19.23 metal for remelting. A scrap metal processor licensee may not 19.24 acquire a junked vehicle for the purpose of dismantling and 19.25 selling used vehicle parts and remaining scrap materials unless 19.26 the scrap metal processor is also licensed as a used vehicle 19.27 parts dealer. 19.28Subd. 3b. [USED VEHICLE PARTS DEALER.] A person must have19.29a used vehicle parts dealer's license to be primarily engaged in19.30the business of buying or otherwise acquiring vehicles for the19.31purpose of dismantling the vehicles and selling used parts and19.32the remaining scrap metals.19.33 Subd. 3c. [VEHICLE SALVAGE POOL.]A person must have a19.34vehicle salvage pool license to engage in the business of:19.35storing and displaying, offering to store or display, or19.36soliciting or advertising the storing or displaying, for sale,20.1of damaged or junked vehicles as an agent or escrow agent of an20.2insurance company.A vehicle salvage pool licenseeis entitled20.3tomay store and display andtomay solicit and advertise the 20.4 storing and displaying, for sale, of damaged or junked vehicles 20.5 as an agent or escrow agent of an insurance company. A vehicle 20.6 salvage pool licensee shall not sell junked vehicles to any 20.7 party other than a licensed used parts dealer. 20.8 Subd. 4. [MOTOR VEHICLE LESSOR.]No person shall engage in20.9the business of leasing motor vehicles or shall offer to lease,20.10solicit or advertise to lease motor vehicles without first20.11acquiring a motor vehicle lessor license.A motor vehicle 20.12 lessor licenseeshall be entitled thereunder tomay lease or 20.13 rent either by the hour, day or longer period for a fee andto20.14 may solicit and advertise the lease or rental of motor 20.15 vehicles. A motor vehicle lessor having leased motor vehicles, 20.16 may sell the vehicles upon their return to the lessor after 20.17 termination or expiration of the lease without obtaining a used 20.18 motor vehicle dealer license. 20.19 Subd. 4a. [LIMITED USED VEHICLE LICENSE.] A limited used 20.20 vehicle license shall be provided to a nonprofit charitable 20.21 organization that qualifies for tax exemption under section 20.22 501(c)(3) of the Internal Revenue Code whose primary business in 20.23 the transfer of vehicles is to raise funds for the corporation, 20.24 who acquires vehicles for sale through donation, and who uses a 20.25 licensed motor vehicle auctioneer to sell vehicles to retail 20.26 customers. This license does not apply to educational 20.27 institutions whose primary purpose is to train students in the 20.28 repair, maintenance, and sale of motor vehicles. A limited used 20.29 vehicle license allows the organization to accept assignment of 20.30 vehicles without the requirement to transfer title as provided 20.31 in section 168A.10 until sold to a retail customer. Limited 20.32 used vehicle license holders are not entitled to dealer plates, 20.33 and shall report all vehicles held for resale to the department 20.34 of public safety in a manner and time prescribed by the 20.35 department. 20.36 Subd. 5a. [CONSIGNMENT SALES.] No person may solicit, 21.1 accept, offer for sale, or sell motor vehicles for consignment 21.2 sale unless licensed as a new or used motor vehicle dealer, a 21.3 motor vehicle wholesaler, or a motor vehicle auctioneer. This 21.4 requirement does not apply to a licensed auctioneer selling 21.5 motor vehicles at an auction if, in the ordinary course of the 21.6 auctioneer's business, the sale of motor vehicles is incidental 21.7 to the sale of other real or personal property. Incidental 21.8 means up to a total of ten but no more than ten percent of the 21.9 items in the posted auction bill are motor vehicles. 21.10 Subd. 6. [MOTOR VEHICLE WHOLESALER.]No person shall21.11engage in the business of wholesaling motor vehicles to dealers21.12for resale or shall offer to sell, solicit or advertise the sale21.13of motor vehicles to dealers for resale without first acquiring21.14a motor vehicle wholesaler license.A motor vehicle wholesaler 21.15 licenseeshall be entitled thereunder tomay sell, solicit or 21.16 advertise the sale of motor vehicles at wholesale for resale; 21.17 provided that a wholesaler may sell, solicit, or advertise the 21.18 sale of new motor vehicles only to dealers duly licensed to sell 21.19 the same make of motor vehicles. 21.20 Subd. 7. [MOTOR VEHICLE AUCTIONEER.]No person shall21.21engage in the business of auctioning motor vehicles for more21.22than one owner at an auction or shall offer to sell, solicit or21.23advertise the sale of motor vehicles at auction without first21.24acquiring a motor vehicle auctioneer license.A motor vehicle 21.25 auctioneer licenseeshall be entitled thereunder tomay sell, 21.26 solicit and advertise the sale of used motor vehicles belonging 21.27 to others at auction. 21.28 Subd. 7a. [MOTOR VEHICLE BROKER.] (a)No person shall21.29engage in the business of brokering motor vehicles without first21.30acquiring a motor vehicle broker's license.A motor vehicle 21.31 broker shall provide each buyer or lessee with a written 21.32 disclosure stating whether the motor vehicle broker receives a 21.33 fee from the dealers with whom the broker does business. The 21.34 new or used motor vehicle dealershall beis the seller of 21.35 record in all such transactions. The motor vehicle dealer may 21.36 pay the motor vehicle broker a fee for brokering services 22.1 rendered. A motor vehicle broker may: 22.2 (1) advertise and solicit the brokering of new motor 22.3 vehicles. A motor vehicle broker shall not advertise or make 22.4 any representations which state, imply, or suggest that the 22.5 motor vehicle broker itself sells vehicles, is authorized to 22.6 sell vehicles, or obtains vehicles directly from the motor 22.7 vehicle manufacturer. All advertising or other solicitations by 22.8 a motor vehicle broker shall disclose that sales of new motor 22.9 vehicles are arranged through franchised motor vehicle dealers; 22.10 (2) negotiate or quote the sale price or lease terms of 22.11 motor vehicles; 22.12 (3) prepare and deliver documents necessary to the 22.13 transaction; 22.14 (4) accept a down payment not to exceed $500, but otherwise 22.15 may not accept payment in full or in part for a motor vehicle 22.16 unless the payment is in the form of a negotiable instrument 22.17 payable to the vehicle dealer; 22.18 (5) accompany a motor vehicle purchaser or lessee at the 22.19 time of delivery by the selling dealer of a new motor vehicle; 22.20 and 22.21 (6) be present when warranties and safety features are 22.22 described by the selling dealer in conjunction with the delivery 22.23 of a new motor vehicle. 22.24 (b) A motor vehicle broker shall not: 22.25 (1) engage in the business of selling new or used motor 22.26 vehicles as described in subdivisions 2 and 3; 22.27 (2) execute contracts or official documents for the sale or 22.28 lease of a new motor vehicle; 22.29 (3) describe a new vehicle's warranties or safety features 22.30 in conjunction with the delivery of a new motor vehicle; 22.31 (4) display motor vehicles available for sale or lease; or 22.32 (5) perform any dealer preparation of new motor vehicles. 22.33 All dealer preparation shall be performed only by a licensed new 22.34 motor vehicle dealer. 22.35 (c) This subdivision does not apply to licensed motor 22.36 vehicle lessors and shall not be construed to restrict licensed 23.1 motor vehicle lessors from brokering motor vehicle leases or 23.2 otherwise engaging in the leasing of motor vehicles in 23.3 accordance with subdivisions 1 and 4. 23.4 Subd. 8. [EXEMPTIONS.] (a) Salespeople and other employees 23.5 of licensed dealers under this section are not required to 23.6 obtain individual licenses. 23.7 (b) Isolated or occasional sales or leases of new or used 23.8 motor vehicles are exempt from this section. A person who makes 23.9 only isolated or occasional sales or leases is not required to 23.10 be licensed under this section, is not considered to be in the 23.11 business of selling or leasing motor vehicles, and does not 23.12 qualify to receive dealer plates under subdivision 16. 23.13 "Isolated or occasional sales or leases" means: (1) the sale or 23.14 lease of a motor vehicle with an actual cash value of $1,000 or 23.15 less made by a charitable organization; (2) the sale, purchase, 23.16 or lease of not more than five motor vehicles in a 12-month 23.17 period, other than pioneer or classic motor vehicles as defined 23.18 in section 168.10, subdivisions 1a and 1b, or (3) sales by a 23.19 licensed auctioneer selling motor vehicles at an auction if, in 23.20 the ordinary course of the auctioneer's business, the sale of 23.21 motor vehicles is incidental to the sale of other real or 23.22 personal property. For purposes of this subdivision, charitable 23.23 organization means a nonprofit charitable organization that 23.24 qualifies for tax exemption under section 501(c)(3) of the 23.25 Internal Revenue Code. 23.26 (c) A person whose sales of new and used motor vehicles 23.27 consist solely of sales to political subdivisions and their 23.28 agencies of vehicles used solely as firefighting equipment is 23.29 not required to obtain a license under this section. The person 23.30 may apply for and receive in-transit plates under subdivision 17 23.31 in the same manner as licensed motor vehicle dealers for the 23.32 purpose of allowing firefighting equipment to be transported 23.33 from the dealer's source of supply or other place of storage to 23.34 the dealer's place of business, to another place of storage, or 23.35 directly to the purchaser. 23.36 Subd. 9. [APPLICATION.]Application for such license and24.1renewal thereof shallAll license applications under this 24.2 section and all license renewals must be made to the registrar 24.3 of motor vehicles, shall be in writing,and duly verified by 24.4 oath. The applicant shall submit such information as the 24.5 registrar may require to administer this section, on blanks24.6provided by the registrar for such purposein a manner and 24.7 format prescribed by the registrar. 24.8 Subd. 10. [PLACE OF BUSINESS.] (a) All licensees under 24.9 this section shall have an established place of business which 24.10 shall include as a minimum: 24.11 (1) For a new motor vehicle dealer, the following: 24.12 (i) a commercial building owned or under lease by the 24.13 licensee. The leaseshallmust be for a minimum term of one 24.14 year. The buildingshallmust contain office space where the 24.15 books, records, and files necessary to conduct the business are 24.16 kept and maintained with personnel available during normal 24.17 business hours. Dealership business hours must be conspicuously 24.18 posted on the place of doing business and readily viewable by 24.19 the public; 24.20 (ii) a bona fide contract or franchise (1) in effect with a 24.21 manufacturer or distributor of the new motor vehicles the dealer 24.22 proposes to sell, broker, wholesale, or auction, or (2) in 24.23 effect with the first-stage manufacturer or distributor of new 24.24 motor vehicles purchased from a van converter or modifier which 24.25 the dealer proposes to sell, broker, wholesale, or auction, or 24.26 (3) in effect with the final stage manufacturer of the new type 24.27 A, B, or C motor homes which the dealer proposes to sell, 24.28 broker, wholesale, or auction; 24.29 (iii) a facility for the repair and servicing of motor 24.30 vehicles and the storage of parts and accessories, not to exceed 24.31 ten miles distance from the principal place of business.Such24.32 The service may be provided through contract with bona fide 24.33 operators actually engaged insuchthe services; 24.34 (iv) an area either indoors or outdoors to display motor 24.35 vehicleswhichthat is owned or under lease by the licensee; and 24.36 (v) a sign readily viewable by the public that 25.1 clearlyidentifyingidentifies the dealership by namewhich is25.2readily viewable by the public. 25.3 (2) For a used motor vehicle dealer, the following: 25.4 (i) a commercial building owned or under lease by the 25.5 licensee. The leaseshallmust be for a minimum term of one 25.6 year. The buildingshallmust contain office space where the 25.7 books, records, and files necessary to conduct the business are 25.8 kept and maintained with personnel available during normal 25.9 business hours or automatic telephone answering service during 25.10 normal business hours. Dealership business hours must be 25.11 conspicuously posted on the place of doing business and readily 25.12 viewable by the public; 25.13 (ii) an area either indoors or outdoors to display motor 25.14 vehicles which is owned or under lease by the licensee; and 25.15 (iii) a sign readily viewable by the public that 25.16 clearlyidentifyingidentifies the dealership by namewhich is25.17readily viewable by the public. 25.18 (3) For a motor vehicle lessor, the following: a 25.19 commercial office space where the books, records, and files 25.20 necessary to conduct the business are kept and maintained with 25.21 personnel available during normal business hours or an automatic 25.22 telephone answering service during normal business hours. 25.23 Business hours must be conspicuously posted on the place of 25.24 doing business and readily viewable by the public. The office 25.25 space must be owned or under lease for a minimum term of one 25.26 year by the licensee. 25.27 (4) For a motor vehicle wholesaler, the following: a 25.28 commercial office space where the books, records, and files 25.29 necessary to conduct the business are kept and maintained with 25.30 personnel available during normal business hours or an automatic 25.31 telephone answering service during normal business hours. The 25.32 office space must be owned or under lease for a minimum term of 25.33 one year by the licensee. 25.34 (5) For a motor vehicle auctioneer, the following: a 25.35 permanent enclosed commercial building, within or without the 25.36 state, on a permanent foundation, owned or under lease by the 26.1 licensee. The leaseshallmust be for a minimum term of one 26.2 year. The buildingshallmust contain office space where the 26.3 books, records, and files necessary to conduct the business are 26.4 kept and maintained with personnel available during normal 26.5 business hours or an automatic telephone answering service 26.6 during normal business hours. 26.7 (6) For a motor vehicle broker, the following: a 26.8 commercial office space where books, records, and files 26.9 necessary to conduct business are kept and maintained with 26.10 personnel available during normal business hours, or an 26.11 automatic telephone answering service available during normal 26.12 business hours. A sign, clearly identifying the motor vehicle 26.13 broker by name and listing the broker's business hours, must be 26.14 posted in a location and manner readily viewable by a member of 26.15 the public visiting the office space. The office space must be 26.16 owned or under lease for a minimum term of one year by the 26.17 licensee. 26.18 (b) If a new or used motor vehicle dealer maintains more 26.19 than one place of doing business in a county, the separate 26.20 placesshallmust be listed on the application. If additional 26.21 places of business are maintained outside of one county, 26.22 separate licensesshallmust be obtained for each county. 26.23 (c) If a motor vehicle lessor, wholesaler, auctioneer, or 26.24 motor vehicle broker maintains more than one permanent place of 26.25 doing business, either in one or more counties, the separate 26.26 placesshallmust be listed in the application, but only one 26.27 licenseshall beis required. If a lessor proposes to sell 26.28 previously leased or rented vehicles or if a broker proposes to 26.29 establish an office at a location outside the seven-county 26.30 metropolitan area, as defined in section 473.121, subdivision 2, 26.31 other than cities of the first class, the lessor or broker must 26.32 obtain a license for each nonmetropolitan area county in which 26.33 the lessor's sales are to take place or where the broker 26.34 proposes to locate an office. 26.35 (d) If a motor vehicle dealer, lessor, wholesaler, or motor 26.36 vehicle broker does not have direct access to a public road or 27.1 street, any privately owned roadway providing access to a public 27.2 road or street must be clearly identified and adequately 27.3 maintained. 27.4 (e) A new or used motor vehicle dealer may establish a 27.5 temporary place of business outside the county where it 27.6 maintains its licensed location to sell horse trailers 27.7 exclusively without obtaining an additional license. 27.8 (f) A new or used motor vehicle dealer may establish a 27.9 temporary place of business outside the county where it 27.10 maintains its licensed location to sell recreational equipment 27.11 exclusively without obtaining an additional license if: 27.12 (1) the dealer establishes a temporary place of business 27.13 for the sale of recreational equipment not more than four times 27.14 during any calendar year; 27.15 (2) each temporary place of business other than an official 27.16 county fair or the Minnesota state fair within the seven-county 27.17 metropolitan area, as defined in section 473.121, subdivision 2, 27.18 is established jointly with at least four other recreational 27.19 equipment dealers; 27.20 (3) each temporary place of business other than an official 27.21 county fair outside the seven-county metropolitan area, as 27.22 defined in section 473.121, subdivision 2, is established 27.23 jointly with at least one other recreational equipment dealer; 27.24 (4) each establishment of a temporary place of business for 27.25 the sale of recreational equipment is for no more than 12 27.26 consecutive days; and 27.27 (5) the dealer notifies the registrar of motor vehicles of 27.28 each temporary place of business for the sale of recreational 27.29 equipment. 27.30 Subd. 11. [LICENSES; FEE.] Application for license or 27.31 notification of a change of location of a license must include a 27.32 street address, not a post office box, and is subject to the 27.33 registrar's approval. Upon the filing of an application for a 27.34 license and the proper fee, the registrar is authorized, unless 27.35 the application on its face appears to be invalid, to grant a 27.36 90-day temporary licenseand. Duringsaidthe 90-day 28.1 period following issuance of temporary license, the registrar 28.2 shall investigate the fitness of the applicant, inspect the site 28.3 and makesuchother investigation asisnecessary to insure 28.4 compliance with the licensing law. The registrar may extend the 28.5 temporary license 30 days. At the end of the period of 28.6 investigation the licenseshallmust either be granted or 28.7 denied. The license must be denied if within the previous ten 28.8 years the applicant was enjoined due to a violation of section 28.9 325F.69 or convicted of violating section 325E.14, 325E.15, 28.10 325E.16, or 325F.69, or convicted under section 609.53 of 28.11 receiving or selling stolen vehicles, or convicted of violating 28.12 United States Code, title 15, sections 1981 to 1991, as amended 28.13 through December 31, 1984, or pleaded guilty, entered a plea of 28.14 nolo contendere or no contest, or has been found guilty in a 28.15 court of competent jurisdiction of any charge of failure to pay 28.16 state or federal income or sales taxes or felony charge of 28.17 forgery, embezzlement, obtaining money under false pretenses, 28.18 theft by swindle, extortion, conspiracy to defraud, or bribery. 28.19 The license must also be denied if within the previous year the 28.20 applicant has been denied a license. A license must also be 28.21 denied if the applicant has had a dealer license revoked within 28.22 the previous ten years. If the application is approved, the 28.23 registrar shall license the applicant as a motor vehicle dealer 28.24 forthe remainder of the calendar year,one year from the date 28.25 the temporary license is granted and issue a certificate of 28.26 licensetherefor as the registrar may provide upon which shall28.27be placedthat must include a distinguishing number of 28.28 identification ofsuchthe dealer. The license must be 28.29 displayed in a prominent place in the licensed location. Each 28.30 initial application for a licenseshallmust be accompanied by a 28.31 fee of $50 in addition to the annual fee. The annual fee shall 28.32 be $100. All initial fees and annual feesshallmust be paid 28.33 into the state treasury and credited to the general fund.If28.34the initial application is received by the registrar after July28.351 of any year, the first annual fee shall be reduced by one-half.28.36 Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) A 29.1 license may be suspended or revoked by the registrar of motor 29.2 vehicles upon proof satisfactory to the registrar of any of the 29.3 following: 29.4 (1) violations of any of the provisions of this chapter or 29.5 chapter 168A, 297B, 325E, or 325F; 29.6 (2) violation of or refusal to comply with the requests and 29.7 order of the registrar; 29.8 (3) failure to make or provide to the registrar all 29.9 listings, notices, and reports required by the registrar; 29.10 (4) failure to pay to the registrar all taxes, fees, and 29.11 arrears due from and by such dealer; 29.12 (5) failure to duly apply for renewal of license provided 29.13 forhereinin this section; 29.14 (6) revocation of previous license, of which the records of 29.15 the registrar relatingthereto shall beto the revocation are 29.16 prima facie evidence ofsuchthe previous revocation; 29.17 (7) failure of continued occupancy of an established place 29.18 of business; 29.19 (8) sale of a new and unused current model motor vehicle 29.20 other than the make of motor vehicle described in the franchise 29.21 or contract filed with the original application or renewal 29.22 thereof, without permission from the registrar; 29.23 (9) sale of a new and unused current model motor vehicle to 29.24 anyone except for consumer use, or to a dealer duly licensed to 29.25 sell the same make of motor vehicle; 29.26 (10) material misstatement or misrepresentation in 29.27 application for license or renewalthereof; 29.28 (11) having advertised, printed, displayed, published, 29.29 distributed, broadcast or televised or caused or permitted to be 29.30 advertised, printed, displayed, published, distributed, 29.31 broadcast or televised in any manner whatsoever, or having made 29.32 orally any statement or representation with regard to the sale, 29.33 lease or financing of motor vehicleswhichthat is false, 29.34 deceptive or misleading; 29.35 (12) having been convicted of violating section 325F.69, or 29.36 having been enjoined due to a violation of section 325F.69; 30.1 (13) having been convicted of violating the Minnesota 30.2 Odometer Law, section 325E.14, 325E.15, or 325E.16, or the 30.3 federal odometer law, United States Code, title 15, sections 30.4 1981 to 1991, as amended through December 31, 1984; 30.5 (14) having been convicted of violating the sale of motor 30.6 vehicles on Sunday law, section 168.275; 30.7 (15) having been convicted under section 609.53 of 30.8 receiving or selling stolen vehicles; or 30.9 (16) having pleaded guilty, entered a plea of nolo 30.10 contendere or no contest, or having been found guilty in a court 30.11 of competent jurisdiction of any charge of failure to pay state 30.12 or federal income or sales taxes or felony charge of forgery, 30.13 embezzlement, obtaining money under false pretenses, theft by 30.14 swindle, extortion, conspiracy to defraud, or bribery. 30.15 (b) With respect to paragraph (a), clauses (12), (13), 30.16 (15), and (16), the registrar may suspend or revoke a license 30.17 immediately upon receiving certification of conviction or 30.18 permanent injunction. A hearing is required under subdivision 30.19 13 within 30 days following a summary suspension or revocation 30.20 under this paragraph, if a hearing is requested by the licensee. 30.21 Subd. 12a. [GROUNDS FOR CANCELLATION; NOTICE REQUIRED.] 30.22 (a) A license may be canceled by the registrar after notice to 30.23 the dealer, upon satisfactory proof that the dealer (1) has 30.24 failed to provide or maintain the required surety bond, (2) has 30.25 failed to provide or maintain the insurance required under 30.26 chapter 65B, or (3) is no longer operating at the dealer's 30.27 licensed location. 30.28 (b) Surety companies and insurers providing required 30.29 coverages shall promptly notify the registrar upon canceling any 30.30 surety bond or required insurance. The registrar shall notify 30.31 the dealer of the reason or reasons for cancellation before the 30.32 cancellation occurs. 30.33 Subd. 13. [SUSPENSION AND REVOCATION; HEARING.] (a) The 30.34 registrar of motor vehicles, upon the registrar's own motion or 30.35 upon the complaint of another, shall prepare and cause to be 30.36 served upon the licensee complained of, a written notice or 31.1 complaint setting forth, in substance, the violations charged, a 31.2 statement of the deficiencies which exist and any corrective 31.3 action deemed appropriate.SaidThe noticeshallmust include a 31.4 statement that in the event corrective action is deemed 31.5 appropriate and corrective action is not taken, the dealer's 31.6 license may be suspended or revoked. The noticeshallmust 31.7 require the licensee to appear at the time and place 31.8 fixedthereinin the notice before the registrar, and show cause 31.9 why the license should not be suspended or revoked. 31.10 (b) The registrar shall, at the time and place fixed in the 31.11 notice, proceed to hear and determine the matter on its merits. 31.12 All hearingsshallmust be conductedin accordance with the31.13provisions ofaccording to chapter 14, except that the 31.14 provisions of section 14.50,shalldo not apply. The registrar 31.15is authorized tomay subpoena witnesses and administer oaths. 31.16 If the registrarshall findfinds the existence of any of the 31.17 causes for suspension or revocation as set forth in subdivision 31.18 12 anddeterminedetermines that corrective action has not been 31.19 taken or that corrective action will not prevent repetition of 31.20 the violations charged or that the public interest will not be 31.21 served by corrective action and the licensee's license should be 31.22 suspended or revoked, the registrar shall issue a written order 31.23 setting out the decision, and. A copy ofsuchthe ordershall31.24 must be served uponsuchthe licensee in the manner provided by 31.25 law for the service of summons in a civil action. On finding 31.26 that the dealer has violated any of the provisions of this 31.27 section but that the nature ofsaidthe violation or the 31.28 circumstancesthereofare such that a suspension of the license 31.29 would be adequate, the registrar may, instead of revoking the 31.30 license suspend it for a period not exceeding 90 days. On 31.31 finding that the violation does not justify a suspension only, 31.32 the registrar shall revoke the license. Upon a suspension or 31.33 revocation, if it beof the license of a new or used motor 31.34 vehicle dealer,saidthe licensee shall immediately return to 31.35 the registrar all number plates, including any "in-transit" 31.36 plates and temporary permits, in its possession and its dealer's 32.1 license certificate. 32.2 Subd. 14. [APPEAL.] Any party or person aggrieved bysuch32.3 an order of suspension, revocation or imposition of a penalty 32.4 may seek judicial reviewpursuant to the provisions ofaccording 32.5 to chapter 14. 32.6 Subd. 15. [ENFORCEMENT.] The registraris hereby32.7authorized toshall enforce this section andis directed tomay 32.8 appointunder the registrar's hand not less thanat least seven 32.9persons amongstof the registrar'sseveralemployees,as 32.10 inspectors and investigatorsand who when so appointed, shall. 32.11 The inspectors and investigators have full authority to enforce 32.12 this section throughout the state. The registrar, the 32.13 registrar's inspectors or investigators, when traveling or 32.14 otherwise pursuing their duties outside the office of the 32.15 registrar, shall be paid for their actual expenses incurred out 32.16 of the same funds as other employees of the registrar of motor 32.17 vehicles. The inspectors shall assist licensees in compliance 32.18 with laws governing licenseesand administered hereunder. 32.19 Subd. 16. [DEALER PLATES: DISTINGUISHING NUMBER, FEE, 32.20 TAX, USE.] (a) The registrar shall issue to every motor vehicle 32.21 dealer, upon a request from the motor vehicle dealer licensed as 32.22 provided in subdivision 2 or 3, one or more plates displaying a 32.23 general distinguishing number. This subdivision does not apply 32.24 to a scrap metal processor, a used vehicle parts dealer, or a 32.25 vehicle salvage pool. The fee for each of the first four plates 32.26 is $75 percalendarregistration year, of which $60 must be paid 32.27 to the registrar and the remaining $15 is payable as sales tax 32.28 on motor vehicles under section 297B.035. For each additional 32.29 plate, the dealer shall pay the registrar a fee of $25 and a 32.30 sales tax on motor vehicles of $15 percalendarregistration 32.31 year. The registrar shall deposit the tax in the state treasury 32.32and it shallto be credited as provided in section 297B.09. 32.33 Motor vehicles, new or used, owned by the motor vehicle 32.34 dealership and bearing the number plate, except vehicles leased 32.35 to the user who is not an employee of the dealer during the term 32.36 of the lease, held for hire, or customarily used by the dealer 33.1 as a tow truck, service truck, or parts vehicle, may be driven 33.2 upon the streets and highways of this state: 33.3 (1) by the motor vehicle dealer or dealer's spouse, or any 33.4 full-time employee of the motor vehicle dealer for either 33.5 private or business purposes; 33.6 (2) by a part-time employee when the use is directly 33.7 related to a particular business transaction of the dealer; 33.8 (3) for demonstration purposes by any prospective buyer 33.9thereoffor a period of 48 hours or in the case of a truck, 33.10 truck-tractor, or semitrailer, for a period of seven days; or 33.11 (4) in a promotional event that lasts no longer than four 33.12 days in which at least three motor vehicles are involved. 33.13 (b) A new or used motor vehicle sold by the motor vehicle 33.14 dealer and bearing the motor vehicle dealer's number plate may 33.15 be driven upon the public streets and highways for a period of 33.16 72 hours by the buyer for either of the following purposes: (1) 33.17 removing the vehicle from this state for registration in another 33.18 state, or (2) permitting the buyer to use the motor vehicle 33.19 before the buyer receives number plates pursuant to 33.20 registration. Use of a motor vehicle by the buyer underthe33.21provisions ofclause (2)of the preceding sentencebefore the 33.22 buyer receives number plates pursuant to registration 33.23 constitutes a use of the public streets or highways for the 33.24 purpose of the time requirements for registration of motor 33.25 vehicles. 33.26 Subd. 17. [IN-TRANSIT PLATES; FEE.] Every licensed dealer 33.27 in motor vehicles may make application upon a blank provided by 33.28 the registrar for that purpose for dealer in-transit license 33.29 plates for use upon all new or used motor vehicles being 33.30 transported from the dealer's source of supply, or other place 33.31 of storage, to the dealer's place of business, or to another 33.32 place of storage, or from one dealer to another. The registrar 33.33 shall then issue to the dealer the number of plates as the 33.34 dealer may request, upon the payment by the dealer to the 33.35 registrar of the sum of $5 per plate percalendarregistration 33.36 year. The registrar may issue in-transit plates, upon the 34.1 payment of the sum of $5 to the registrar, to dealers duly 34.2 licensed in other states or provinces upon information furnished 34.3 in the manner as the registrar may prescribe, and which 34.4 satisfies the registrar that persons or companies applying 34.5thereforfor the plates are duly licensed dealers under the laws 34.6 of the states or provinces. 34.7 Subd. 18. [TESTIMONIAL POWERS.] The registrarshall have,34.8and is hereby granted full authority tomay issue subpoenas 34.9 requiring the attendance of witnesses before the registrar, 34.10 production of books, papers, and other documents, articles, or 34.11 instruments, and compel the disclosure bysuchwitnesses of all 34.12 facts known to them relative to the matter under investigation, 34.13 andshall have full authority tomay administer oaths and to 34.14 take testimony. All parties disobeying the orders of subpoenas 34.15 of the registrarshall beare guilty of contempt, as in 34.16 proceedings in district courts of the state and may be punished 34.17 in like manner. 34.18 Subd. 19. [VIOLATIONS.] Any person, copartnership, or 34.19 corporation, domestic or foreign, and any officer, or director, 34.20 or employee of a corporation, domestic or foreign, whoshall34.21violate or neglect, fail or refuse to comply with any of the34.22provisions of this section shall beviolates this section is 34.23 guilty of a misdemeanor. 34.24 Subd. 19a. [INJUNCTION.] The commissioner or a county 34.25 attorney may institute a civil action in the name of the state 34.26 in district court for an injunction prohibiting a violation of 34.27 this section and for civil penalties not to exceed $1,000 for 34.28 each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a. The 34.29 court, upon proper proof that the defendant has engaged in a 34.30 practice prohibited by this section, may enjoin the future 34.31 commission of that practice and award civil penalties for 34.32 violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a. It is not a 34.33 defense to an action that the state may have adequate remedies 34.34 at law. Service of process must be as in any other civil suit, 34.35 except that where a defendant in the action is a natural person 34.36 or firm residing outside the state, or is a foreign corporation, 35.1 service of process may also be made by personal service outside 35.2 the state; in the manner provided by section 5.25; or as the 35.3 court may direct. Process is valid if it satisfies the 35.4 requirements of due process of law, whether or not the defendant 35.5 is doing business in Minnesota regularly or habitually. Nothing 35.6 in this subdivision limits the rights or remedies otherwise 35.7 available to persons under common law or other statutes of this 35.8 state. 35.9 Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 35.10 This section does not apply: 35.11 (1) to any person, copartnership, or corporation engaged in 35.12 the business of selling vehicles designed to operate exclusively 35.13 over snow, motor scooters, motorized wheelchairs, utility 35.14 trailers, farm wagons, farm trailers, or farm tractors or other 35.15 farm implements, whether self-propelled or not and even though a 35.16 vehicle listed in this clause may be equipped with a trailer 35.17 hitch; or 35.18 (2) to any person licensed as a real estate broker or 35.19 salesperson pursuant to chapter 82, who engages in the business 35.20 of selling, who offers to sell, or who solicits or advertises 35.21 the sale of manufactured homes affixed to land. 35.22 (b) However, this section does apply to a person, 35.23 copartnership, or corporation described in paragraph (a) who is 35.24 also engaged in the business of selling other motor vehicles or 35.25 manufactured homes within the provisions of this section. 35.26 (c) As used in this subdivision, "utility trailer" means a 35.27 motorless vehicle, other than a boat trailer or snowmobile 35.28 trailer, equipped with one or two wheels, having a gross vehicle 35.29 weight of 4,000 pounds or less, and used for carrying property 35.30 on its own structure while being drawn by a motor vehicle. 35.31 Subd. 22. [DEALER LICENSE FOR TRAILERS, MOTORIZED 35.32 BICYCLES; PLATES, FEES; EXEMPTIONS.] Any person, copartnership, 35.33 or corporation having a permanent enclosed commercial building 35.34 or structure either owned in fee or leased and engaged in the 35.35 business, either exclusively or in addition to any other 35.36 occupation, of selling motorized bicycles, boat trailers, horse 36.1 trailers, or snowmobile trailers, may apply to the registrar for 36.2 a dealer's license. Upon payment of a $10 fee the registrar 36.3 shall license the applicant as a dealer for the remainder of the 36.4 calendar year in which the application was received.Thereafter36.5 The license may be renewed on or before the second day of 36.6 January of each succeeding year by payment of a fee of $10. The 36.7 registrar shall issue to each dealer, upon request of the 36.8 dealer, dealer plates as provided in subdivision 16 upon payment 36.9 of $5 for each plate, and the plates may be used in the same 36.10 manner and for the same purposes as is provided in subdivision 36.11 16. Except for motorized bicycle dealers, the registrar shall 36.12 also issue to the dealer, upon request of the dealer, 36.13 "in-transit" plates as provided in subdivision 17 upon payment 36.14 of a fee of $5 for each plate. This subdivisionshalldoes not 36.15be construed toabrogate any of the provisions of this 36.16 sectionas the same relatesrelating to the duties, 36.17 responsibilities, and requirements of persons, copartnerships, 36.18 or corporations engaged in the business, either exclusively or 36.19 in addition to other occupations, of selling motor vehicles or 36.20 manufactured homes, except that a seller of boat trailers, 36.21 utility trailers, or snowmobile trailers who is licensed under 36.22 this subdivision is not required to have a contract or franchise 36.23 with a manufacturer or distributor of new boat trailers, utility 36.24 trailers, or new snowmobile trailers the seller proposes to 36.25 sell, broker, wholesale, or auction. This sectionshalldoes 36.26 notbe construed torequire a manufacturer of snowmobile 36.27 trailers whose manufacturing facility is located outside of the 36.28 metropolitan area as defined in section 473.121 to have a 36.29 dealer's license to transport the snowmobile trailers to dealers 36.30 or retail outlets in the state. 36.31 Subd. 23. [REGISTRAR MAY FILE CHARGES.] The registrar or 36.32 the registrar's appointed inspectors may file charges with the 36.33 county attorney against any licensee who violates any of the 36.34 provisions of this section, including but not limited to, the 36.35 grounds for suspension or revocation set out in subdivision 12. 36.36Any violation of this section is a misdemeanor.37.1 Subd. 24. [BONDS.] All persons licensedhereunder37.2 according to this section shall keep in full force and effect a 37.3 bond with a corporate surety to be approved by the registrar of 37.4 motor vehicles in the following amountsas herein provided; in 37.5 the case of boat trailer, snowmobile trailer, horse trailer or 37.6 motorized bicycle dealers in the amount of $5,000; and as to all 37.7 other persons in the amount of $50,000. The bondshallmust be 37.8 conditioned on the faithful performance by the licensee of the 37.9 obligations imposed by the laws of this state, including the 37.10 conduct required of a licensee by this section and other 37.11 sections governing the sale or transfer of motor vehicles, and 37.12 the payment of all taxes, license fees, and penalties. The bond 37.13shallmust be for the benefit of the state of Minnesota and any 37.14 transferor, seller, or purchaser of a motor vehicle for any 37.15 monetary loss caused by failure of the licensee to meet the 37.16 obligations enumerated above. Proceedings on the forfeiture of 37.17 the bondsshallmust be commenced in the district court of the 37.18 county wherein the business of the licensed person was carried 37.19 on, or if in more than one county, the county in which the 37.20 offense occurred. This subdivision does not apply to a used 37.21 vehicle parts dealer or a scrap metal processor. 37.22 Subd. 25. [PREEMPTION OF LOCAL ORDINANCES.]It is the37.23intent and purpose of this section to establishSubdivision 24 37.24 establishes a uniform statewide system of bonding motor vehicle 37.25 dealersand the provisions of. Thissection shall supersede and37.26preemptsubdivision supersedes and preempts all bonding 37.27 requirements imposed by any local government unit. 37.28 Subd. 26. [ADVERTISING DISCLOSURE.] All advertising by a 37.29 motor vehicle dealer must disclose that the vehicle is being 37.30 offered for sale by a dealer through use of the dealership name, 37.31 the term "dealer," or the abbreviation "DLR." A classified 37.32 advertisement in a print medium must also include the dealer's 37.33 license number. 37.34 Subd. 27. [RULES.] The registrar may adopt rules under 37.35 chapter 14 to govern the issuance and regulation of dealer 37.36 licenses and dealer plates. 38.1 Sec. 11. Minnesota Statutes 2000, section 168.31, 38.2 subdivision 4, is amended to read: 38.3 Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed 38.4 under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 38.5 more than $400, the owner may pay the tax by installments. The 38.6 owner shall tender with the application for registration 38.7 one-third of the annual tax due or $400, whichever is greater, 38.8 plus any penalties or arrears, plus a fee of $10. Instead of 38.9 this fee, the applicant may furnish a bond, bank letter of 38.10 credit, or certificate of deposit approved by the registrar of 38.11 motor vehicles, for the total of the tax still due. The amount 38.12 of the bond, letter of credit, or certificate of deposit may 38.13 include any penalties assessed. The bond, letter of credit, or 38.14 certificate of deposit must be for the benefit of the state for 38.15 monetary loss caused by failure of the vehicle owner to pay 38.16 delinquent license fees and penalties. The remainder of the tax 38.17 due must be paid in two equal installments; the due date of the 38.18 first installment is the first day of the fifth month of the 38.19 registration period for which the tax is assessed and the second 38.20 installment is due on the first day of the ninth month of the 38.21 registration period for which the tax is assessed. When the 38.22 applicant elects to pay the administrative fee, the registrar 38.23 shall issue to the applicantdistinctivevalidation 38.24 stickers indicating the expiration date of a registration. When 38.25 the applicant elects to furnish a bond, bank letter, or letter 38.26 of deposit, the registrar shall issue regular validation 38.27 stickers for the registration year. If an owner of a vehicle 38.28 fails to pay an installment on or before its due date, the 38.29 vehicle must not be used on the public streets or highways in 38.30 this state until the installment or installments of the tax 38.31 remaining due on the vehicle have been paid in full for the 38.32 licensed year together with a penalty at the rate of $1 per day 38.33 for the remainder of the month in which the balance of the tax 38.34 becomes due and $4 a month for each succeeding month or fraction 38.35 of a month during which the balance of the tax remains unpaid. 38.36 Upon the payment of the balance of the tax and the penalties, 39.1 the registrar shall issue a registration certificate to the 39.2 owner of the vehicle in the manner provided by law. The 39.3 registrar shall deny installment payment privileges provided in 39.4 this subdivision in the subsequent year to any owner on any or 39.5 all vehicles of the owner who during the current year fails to 39.6 pay any installment due within one month after the due date. 39.7 Sec. 12. Minnesota Statutes 2000, section 168.33, 39.8 subdivision 6, is amended to read: 39.9 Subd. 6. [APPLICATION FORMSFURNISHED.] The registrar 39.10 shallfurnish, from time to time, to those deputy registrars not39.11equipped with electronic transmission technology, forms for39.12listing and for applications for registration, as provided39.13herein, and shall, before January first in each year, furnish to39.14those deputy registrars, and to such others as the registrar39.15shall deem advisable, charts or lists setting forth the tax to39.16which each motor vehicle is subjectprovide, in a manner and 39.17 format prescribed by the registrar, necessary forms and 39.18 information to deputy registrars. The registrar and deputy 39.19 registrars shall immediately destroy all number plates 39.20 surrendered and shall cancel all certificatessosurrendered. 39.21 Sec. 13. Minnesota Statutes 2000, section 168.33, is 39.22 amended by adding a subdivision to read: 39.23 Subd. 9. [RULES.] The commissioner of public safety may 39.24 adopt rules for administering and enforcing this section. 39.25 Sec. 14. Minnesota Statutes 2000, section 168A.01, 39.26 subdivision 2, is amended to read: 39.27 Subd. 2. [DEALER.] "Dealer" has the meaning given it in 39.28 section 168.27, subdivision 1. 39.29 Sec. 15. Minnesota Statutes 2000, section 168A.01, is 39.30 amended by adding a subdivision to read: 39.31 Subd. 2a. [DELIVER.] "Deliver" means to transmit 39.32 electronically or by other means approved by the registrar. 39.33 Sec. 16. Minnesota Statutes 2000, section 168A.01, 39.34 subdivision 24, is amended to read: 39.35 Subd. 24. [VEHICLE.] (a) "Vehicle" means every device in, 39.36 upon, or by which any person or property is or may be 40.1 transported or drawn upon a highway, excepting. 40.2 (b) The term does not include: 40.3 (1) devices moved by human power or used exclusively upon 40.4 stationary rails or tracks, but including; or 40.5 (2) vehicles not originally constructed primarily for use 40.6 on public roads and highways. 40.7 (c) The term does include motorized bicycles as defined in 40.8 section 168.011, subdivision 27. 40.9 Sec. 17. Minnesota Statutes 2000, section 168A.04, 40.10 subdivision 5, is amended to read: 40.11 Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 40.12 Except as provided in subdivision 6, if the application refers 40.13 to a specially constructed vehicle or a reconstructed vehicle, 40.14 the application shall so state and shall contain or be 40.15 accompanied by: 40.16 (1) any information and documents the department reasonably 40.17 requires to establish the ownership of the vehicle and the 40.18 existence or nonexistence and priority of security interests in 40.19 it; 40.20 (2) the certificate of a person authorized by the 40.21 department that the identifying number of the vehicle has been 40.22 inspected and found to conform to the description given in the 40.23 application, or any other proof of the identity of the vehicle 40.24 the department reasonably requires.; and 40.25 (3) at the time of application, a written certification to 40.26 the department that the vehicle to be titled meets the 40.27 requirements of chapter 169 for vehicles in its class regarding 40.28 safety and acceptability to operate on public roads and highways. 40.29 Sec. 18. Minnesota Statutes 2000, section 168A.05, 40.30 subdivision 5a, is amended to read: 40.31 Subd. 5a. [POLLUTION CONTROL EQUIPMENT DISCLOSURE.] The 40.32 certificate of title shall contain aform fordisclosure by the 40.33 transferor of the condition of the vehicle's pollution control 40.34 equipment as required by section 325E.0951. The disclosureform40.35 must be in a format as prescribed by the registrar. 40.36 Sec. 19. Minnesota Statutes 2000, section 168A.09, 41.1 subdivision 1, is amended to read: 41.2 Subdivision 1. [APPLICATION; FORM OF DUPLICATE.] In the 41.3 event a certificate of title is lost, stolen, mutilated, or 41.4 destroyed or becomes illegible, the owner or legal 41.5 representative of the owner named in the certificate may make 41.6 application to the department or deputy registrar for a 41.7 duplicateonin aformformat prescribed by the department. The 41.8 department shall issue a duplicate certificate of title if 41.9 satisfied that the applicant is entitled thereto. The duplicate 41.10 certificate of title shall be plainly marked as a duplicate and 41.11 mailed or delivered to the owner. The department shall indicate 41.12 in its records that a duplicate has been issued. As a condition 41.13 to issuing a duplicate certificate of title, the department may 41.14 require a bond from the applicant in the manner andformformat 41.15 prescribed in section 168A.07, subdivision 1, clause (2). The 41.16 duplicate certificate of title shall contain the legend: "This 41.17 duplicate certificate of title may be subject to the rights of a 41.18 person under the original certificate." 41.19 Sec. 20. Minnesota Statutes 2000, section 168A.11, 41.20 subdivision 2, is amended to read: 41.21 Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle 41.22 for which the seller does not present a certificate of title, 41.23 shall at the time of taking delivery of the vehicle executein41.24triplicatea purchase receipt for the vehicle in aformformat 41.25 designated by the department, and deliveronea copy to the 41.26 seller.When a vehicle purchased by a dealer has not been41.27resold after 21 days, the dealer shall mail, transmit, or41.28deliver one copy of the receipt to the department.In a format 41.29 and at a time prescribed by the registrar, the dealer shall 41.30 notify the registrar that the vehicle is being held for resale 41.31 by the dealer. 41.32 Sec. 21. Minnesota Statutes 2000, section 168A.12, 41.33 subdivision 1, is amended to read: 41.34 Subdivision 1. [LAST CERTIFICATE TO DEPARTMENT; 41.35 APPLICATION.] If the interest of an owner in a vehicle passes to 41.36 another other than by voluntary transfer, the transferee shall, 42.1 except as provided in subdivision 2, promptly mail or deliver to 42.2 the department the last certificate of title, if available, 42.3 proof of the transfer, and an application for a new certificate 42.4 in theformformat the department prescribes. 42.5 Sec. 22. Minnesota Statutes 2000, section 168A.12, 42.6 subdivision 2, is amended to read: 42.7 Subd. 2. [OWNER'S INTEREST TERMINATED OR VEHICLE SOLD BY 42.8 SECURED PARTY.] If the interest of the owner is terminated or 42.9 the vehicle is sold under a security agreement by a secured 42.10 party named in the certificate of title, the transferee shall 42.11 promptly mail or deliver to the department the last certificate 42.12 of title, if available, an application for a new certificate in 42.13 theformformat the department prescribes, and an affidavit made 42.14 by or on behalf of the secured party that the interest of the 42.15 owner was lawfully terminated or the vehicle sold pursuant to 42.16 the terms of the security agreement. If the secured party 42.17 succeeds to the interest of the owner and holds the vehicle for 42.18 resale, the secured party need not secure a new certificate of 42.19 title provided that a notice thereof informa format designated 42.20 by the department is mailed or delivered by the secured party to 42.21 the department in duplicate within 48 hours, but upon transfer 42.22 to another person the secured party shall promptly execute 42.23 assignment and warranty of title and mail or deliver to the 42.24 transferee or the department the certificate, if available, the 42.25 affidavit, and other documents required to be sent to the 42.26 department by the transferee. 42.27 Sec. 23. Minnesota Statutes 2000, section 168A.154, is 42.28 amended to read: 42.29 168A.154 [SALVAGE VEHICLE TAKEN OUT OF STATE.] 42.30 A dealer who sells a salvage vehicle to a buyer who intends 42.31 to remove the vehicle from the state shall report the sale 42.32 within ten days to the departmentonin aformformat prescribed 42.33 by the department. 42.34 Sec. 24. Minnesota Statutes 2000, section 168A.18, is 42.35 amended to read: 42.36 168A.18 [DUTIES OF PARTIES RELATING TO SECURITY INTEREST.] 43.1 If an owner creates a security interest in a vehicle: 43.2 (1) The owner shall immediately execute the application in 43.3 the space provided therefor on the certificate of title, oron43.4 in aseparate formformat the department prescribes, to name the 43.5 secured party on the certificate, showing the name and address 43.6 of the secured party, and cause the certificate, application, 43.7 and the required fees and taxes to be delivered to the secured 43.8 party. 43.9 (2) The secured party shall immediately cause the 43.10 certificate, application, and the required fees and taxes to be 43.11 mailed or delivered to the department. 43.12 (3) A second or subordinate secured party does not affect 43.13 the rights of the first secured party under a security agreement. 43.14 (4) Upon receipt of the certificate of title, application, 43.15 and the required fees and taxes, the department shall issue a 43.16 new certificate containing the name and address of the new 43.17 secured party, and mail or deliver the certificate to the 43.18 owner. The secured party or parties shall beissued a43.19notificationnotified that the security interest has been 43.20 recorded. 43.21 Sec. 25. Minnesota Statutes 2000, section 168A.19, 43.22 subdivision 2, is amended to read: 43.23 Subd. 2. [ASSIGNEE NAMED AS SECURED PARTY.] The assignee 43.24 may, but need not to perfect the assignment, have the 43.25 certificate of title endorsed or issued with the assignee named 43.26 as secured party, upon delivering to the department the 43.27 certificate and an assignment by the secured party named in the 43.28 certificate in theformformat the department prescribes 43.29 together with the required fee. 43.30 Sec. 26. Minnesota Statutes 2000, section 168A.20, 43.31 subdivision 2, is amended to read: 43.32 Subd. 2. [CERTIFICATE WITH PRIOR SECURED PARTY; RELEASE.] 43.33 Upon the satisfaction of a security interest in a vehicle for 43.34 which the certificate of title is in the possession of a prior 43.35 secured party, the secured party whose security interest is 43.36 satisfied shall within 15 days, or seven days if satisfied by a 44.1 dealer licensed under section 168.27, subdivision 2, 3, or 4, 44.2 execute a release in theformformat the department prescribes 44.3 and deliver the release to the owner or any person who delivers 44.4 to the secured party an authorization from the owner to receive 44.5 it. The secured party in possession of the certificate of title 44.6 shall either deliver the certificate to the owner, or the person 44.7 authorized by the owner, for delivery to the department, or upon 44.8 receipt of the release, mail or deliver it with the certificate 44.9 to the department, which shall release the subordinate secured 44.10 party's rights on the certificate or issue a new certificate. 44.11 Sec. 27. Minnesota Statutes 2000, section 168A.20, 44.12 subdivision 3, is amended to read: 44.13 Subd. 3. [CERTIFICATE WITH OWNER.] Upon the satisfaction 44.14 of a security interest in a vehicle for which the certificate of 44.15 title is in the possession of the owner, the secured party shall 44.16 within 15 days, or seven days if satisfied by a dealer licensed 44.17 under section 168.27, subdivision 2, 3, or 4, execute a release 44.18 of security interestonin theformformat prescribed by the 44.19 department and mail or deliver the notification with release to 44.20 the owner or any person who delivers to the secured party an 44.21 authorization from the owner to receive the release. The 44.22 secured party may notify the registrar of the satisfaction of 44.23 lien in a manner prescribed by the department. 44.24 Sec. 28. Minnesota Statutes 2000, section 168A.20, 44.25 subdivision 4, is amended to read: 44.26 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT; 44.27 RELEASE.] If the secured party is a public authority or a child 44.28 support or maintenance obligee with a lien under section 44.29 168A.05, subdivision 8, upon either the satisfaction of a 44.30 security interest in a vehicle for which the certificate of 44.31 title is in the possession of the owner, or the execution by the 44.32 owner of a written payment agreement determined to be acceptable 44.33 by the court, a child support magistrate, the public authority, 44.34 or the obligee, within 15 days, or seven days if satisfied by a 44.35 dealer licensed under section 168.27, subdivision 2, 3, or 4, 44.36 the secured party shall execute a release of security interest 45.1onin theformformat prescribed by the department and mail or 45.2 deliver the notification with release to the owner or any person 45.3 who delivers to the secured party an authorization from the 45.4 owner to receive the release. 45.5 Sec. 29. Minnesota Statutes 2000, section 168A.24, 45.6 subdivision 1, is amended to read: 45.7 Subdivision 1. [FORMS.] The department shall prescribe and 45.8 provide suitable forms of applications, certificates of title, 45.9 notices of security interests, and all other notices and forms 45.10 necessary to carry out the provisions of sections 168A.01 to 45.11 168A.31 and shall determine the format in which the forms will 45.12 appear. 45.13 Sec. 30. Minnesota Statutes 2000, section 168A.29, 45.14 subdivision 1, is amended to read: 45.15 Subdivision 1. [AMOUNTS.] (a) The departmentshallmust be 45.16 paid thefollowing feesfee specified for the following 45.17 activities: 45.18 (1) for filing an application for and the issuance ofan45.19originala certificate of title, the sum of$2$11. The 45.20 individual components of the fee must be disclosed on the title 45.21 application forms as "$3.50 Public Safety Vehicle fee; $4.18 45.22 Title Application fee; $3.32 Waste Tire fee."; 45.23 (2) for each security interest when first noted upon a 45.24 certificate of title, including the concurrent notation of any 45.25 assignment thereof and its subsequent release or satisfaction, 45.26 the sum of $2, except that no fee is dueforif a security 45.27 interest is filed by a public authority under section 168A.05, 45.28 subdivision 8, or if a lien is concurrently noted with the 45.29 filing of an application under clause (1); 45.30 (3)for the transfer of the interest of an owner and the45.31issuance of a new certificate of title, the sum of $2;45.32(4)for each assignment of a security interest when first 45.33 noted on a certificate of title, unless noted concurrently with 45.34 the security interest, the sum of $1; 45.35(5)(4) for issuing a duplicate certificate of title, the 45.36 sum of $4. 46.1 (b)After June 30, 1994, in addition to eachFrom the 46.2 proceeds of thefeesfee required under paragraph (a),clauses46.3 clause (1)and (3), the department shallbe paid46.4 credit $3.50. The additional fee collected under this paragraph46.5must be deposited in the special revenue fund and creditedto 46.6 the public safety motor vehicle account established in section 46.7 299A.70 and the motor vehicle registrar shall credit $3.32 on 46.8 each title application to the motor vehicle transfer account in 46.9 the environmental fund. 46.10 Sec. 31. Minnesota Statutes 2000, section 168C.02, 46.11 subdivision 1, is amended to read: 46.12 Subdivision 1. [SCOPE.] For purposes ofLaws 1976,this 46.13 chapter199, the terms defined in this sectionshallhave the 46.14 meanings given them. 46.15 Sec. 32. Minnesota Statutes 2000, section 168C.02, 46.16 subdivision 5, is amended to read: 46.17 Subd. 5. [LICENSEPLATE.] "Licenseplate" means a tag, 46.18 plate, seal, sticker, or other devicewhichthat can be securely 46.19 attached to a bicycle and that is issued upon registration of 46.20 the bicycle. 46.21 Sec. 33. Minnesota Statutes 2000, section 168C.03, is 46.22 amended to read: 46.23 168C.03 [REGISTRATION APPLICATION.] 46.24 On or after March 1, 1977 any owner of a bicycle may apply 46.25 for registration of the bicycle to the commissioner, to any 46.26 deputy registrar of motor vehicles acting pursuant to section 46.27 168.33, or to any deputy registrar of bicycles appointed by the 46.28 commissioner pursuant to section 168C.11. Applicationsshall46.29contain the name and address of the owner, the signature of the46.30owner, the name and address of the person from whom purchased,46.31the date of purchase, the date of registration, the make, serial46.32number, and any additional information as the commissioner may46.33require. Applications shall be on a three-part form provided by46.34the commissioner. The original shall be retained by or46.35immediately forwarded to the commissioner, the second copy shall46.36be retained by the purchaser and the third copy shall be47.1retained for one year by the deputy registrar, if any, who47.2received the applicationmust be in a format prescribed by the 47.3 commissioner and contain information required by the 47.4 commissioner to license a bicycle. The commissioner shall 47.5 designate a number to be stamped or otherwise permanently 47.6 affixed on the frames of bicycles on which no serial number can 47.7 be found, or on which the number is illegible or insufficient 47.8 for identification purposes. 47.9 Sec. 34. Minnesota Statutes 2000, section 168C.04, 47.10 subdivision 1, is amended to read: 47.11 Subdivision 1. [THREE-YEAR REGISTRATION FEE; PROCEDURES.] 47.12 The registration fee for bicyclesshall beis $9 after July 1, 47.13 1991. These feesshallmust be paid at the time of registration. 47.14 The fees, and any donations in excess of the fees, must be 47.15 deposited in a bicycle transportation account in the special 47.16 revenue fund. Proof ofpurchaseownership is required for 47.17 registration. Bicycles lacking proof ofpurchaseownership may 47.18 be registered if there is no evidence that the bicycle is 47.19 stolen.However, the registration record must be marked to47.20indicate that no proof of purchase was provided.The 47.21 registration is valid for three calendar years. A person 47.22 registering a bicycle may add an additional amount to the 47.23 registration fee, and all amounts so added must be deposited in 47.24 the same manner as registration fees. A person registering a 47.25 bicycle must, at the time of registration, be informed that a 47.26 registrant may add an additional amount to the fee and that all 47.27 such additional amounts will be used for the purposes specified 47.28 in subdivision 2. 47.29 Sec. 35. Minnesota Statutes 2000, section 168C.05, is 47.30 amended to read: 47.31 168C.05 [REPORT OF TRANSFER.] 47.32 Every person who sells or transfers ownership of any 47.33 bicycle registered pursuant toLaws 1976,this chapter199shall 47.34 report the sale or transfer to the commissioner, indicating the47.35name and address of the person to whom the bicycle was sold or47.36transferred. The report shall be madewithin 14 days of the 48.1 sale or transfer. The report of sale must include the 48.2 information required by the commissioner and be in the format 48.3 prescribed by the commissioner. 48.4 Sec. 36. Minnesota Statutes 2000, section 168C.06, is 48.5 amended to read: 48.6 168C.06 [NOTIFICATION OF CHANGE OF ADDRESS.] 48.7 Upon moving or change of address, the owner of a bicycle 48.8 registered pursuant toLaws 1976,this chapter199shall notify 48.9 the commissioner inwritingthe format and manner prescribed by 48.10 the commissioner of the new address within 14 days. 48.11 Sec. 37. Minnesota Statutes 2000, section 168C.07, is 48.12 amended to read: 48.13 168C.07 [LICENSEPLATES.] 48.14 The commissioner shall provide to the registrant a suitable 48.15 registration cardhavingthat has the registration number 48.16 stampedthereonon the card andindicatingthat indicates the 48.17 date of registration, the make and serial number of the bicycle, 48.18 the owner's name and address, and any additional information as 48.19 the commissioner may require. The commissioner shall retain 48.20 information concerning each registrationshall be retained by48.21the commissioner. The commissioner shall issue a licenseplate, 48.22 whichshallmust be securely attached to the bicycle covered by 48.23 the registration. Upon a satisfactory showing that the license 48.24plateor registration card has been lost or destroyed, the 48.25 commissioner shall issue a replacement licenseplateor 48.26 registration card upon payment of a fee of $1. All fees so 48.27 collectedshallmust be deposited to the general fund. 48.28 Sec. 38. Minnesota Statutes 2000, section 168C.08, is 48.29 amended to read: 48.30 168C.08 [ALTERING SERIAL NUMBER; PENALTY.] 48.31NoA person shall not willfully remove, destroy, mutilate 48.32 or otherwise alter the serial number or equivalent number of any 48.33 bicycle designated by the commissioner pursuant to section 48.34 168C.03.NoA person shall not willfully remove, destroy, 48.35 mutilate, or otherwise alter any licenseplateduring the time 48.36 in which the licenseplateis operative. Any person who 49.1 violatesthe provisions ofthis section is guilty of a 49.2 misdemeanor. 49.3 Sec. 39. Minnesota Statutes 2000, section 168C.09, is 49.4 amended to read: 49.5 168C.09 [THEFT; PENALTY.] 49.6 Subdivision 1. [REPORTS; ENTRY INTO CRIME INFORMATION 49.7 CENTER.] The local law enforcement agency shall report the theft 49.8 of all bicycles registered pursuant toLaws 1976,this chapter 49.9199to the department of public safety within five days. 49.10 Reports of the stolen bicyclesshallmust be entered in the 49.11 Minnesota crime information center of the department of public 49.12 safety. When the stolen bicycle has been recovered by a local 49.13 law enforcement agency, the agency shall report the recovery to 49.14 the department of public safety within five days of the recovery 49.15 in the format and manner prescribed by the commissioner. 49.16 Subd. 2. [RECORDS.] The commissioner shall maintain a 49.17 record of all bicycles registered pursuant toLaws 1976,this 49.18 chapter199in the state in an automated system. The records 49.19shallmust be available to all authorized law enforcement 49.20 agencies through the Minnesota crime information center. 49.21 Subd. 3. [VIOLATION AND PENALTY.] Any person who knowingly 49.22 sells or offers for sale a bicycle registered underLaws49.231976,this chapter199 whichthat is not owned by that person or 49.24 a family member is guilty of theft and subject to punishment 49.25 under section 609.52, subdivision 3. 49.26 Sec. 40. Minnesota Statutes 2000, section 168C.11, is 49.27 amended to read: 49.28 168C.11 [DEPUTY REGISTRARS OF BICYCLES.] 49.29 Subdivision 1. [APPOINTMENT.] Subject tothe provisions of49.30 subdivision 2, the commissioner shall appoint as deputy 49.31 registrars of bicycles any bicycle dealer, or agent or employee 49.32thereofof the dealer, or agent or employee of a nonprofit 49.33 organization promoting bicycling or in whose activities 49.34 bicycling plays an integral part, or an agent or employee 49.35 designated by a municipality that sells bicycles at public 49.36 auction who applies for appointment in a manner prescribed by 50.1 the commissioner; provided that concurrently there may be no 50.2 more than one deputy for each separate place of business of a 50.3 bicycle dealer. Deputy registrars of bicycles shall act as 50.4 agents of the commissioner and may accept registrations as 50.5 provided inLaws 1976,this chapter199, except that no deputy50.6registrar of bicycles shall be required to register bicycles50.7sold by other bicycle dealers. The commissioner, deputy 50.8 registrars of motor vehicles, and deputy registrars of bicycles 50.9 may charge and retain an additional $1 per registration granted 50.10 for their services. In the case of a deputy registrar of motor 50.11 vehicles, the $1shallmust be deposited in the treasury of the 50.12 place for which the deputy registrar is appointed, or if not a 50.13 public official the deputy registrar shall retain the filing 50.14 fee. Other registration fees collected by the commissioner, 50.15 deputy registrars of motor vehicles, and deputy registrars of 50.16 bicyclesshallmust be processed, accounted for, and transmitted 50.17 to the state treasurer as required by the commissioner. 50.18 Subd. 2. [DENIAL, SUSPENSION OR REVOCATION OF 50.19 APPOINTMENT.] The commissioner, without prior notice or hearing, 50.20 may issue an order denying, suspending, or revoking any 50.21 appointment made or applied for pursuant to this section upon 50.22 finding that the applicant or deputy registrar of bicycles has 50.23 violated or failed to comply with any provision ofLaws 1976,50.24 this chapter199or any rule adoptedhereunderunder the 50.25 authority of this chapter. Upon the entry of such an order, the 50.26 commissioner shall promptly serve a copythereofof the order on 50.27 the applicant or deputy registrar of bicycles. The ordershall50.28 must state the reasons for its issuance and, in the case of a 50.29 suspension or revocation of appointment,shallmust specify that 50.30 upon the written request of the deputy registrar of bicycles the 50.31 matter will be set for hearing within 15 days after the receipt 50.32 of the request,; provided, that with the consent of the deputy 50.33 registrar of bicycles a hearing may be held subsequent to the 50.34 expiration of the 15-day periodspecified herein. If no hearing 50.35 is requested, the orderwill remainremains in effect until it 50.36 is modified or vacated by the commissioner. If a hearing is 51.1 requested, the commissioner, after notice and hearing in 51.2 accordance withthe provisions ofchapter 14, shall affirm, 51.3 modify, or vacate the order. 51.4 Sec. 41. Minnesota Statutes 2000, section 168C.12, is 51.5 amended to read: 51.6 168C.12 [ADMINISTRATION; RULES.] 51.7 The commissioner shall adopt rules for the implementation 51.8 and administration ofLaws 1976,this chapter199 no later than51.9March 1, 1977. The commissioner shall begin to accept51.10registrations and implement Laws 1976, chapter 199 on March 1,51.111977. Nothingherein shall be construed to preventin this 51.12 chapter prevents the commissioner from contracting any service 51.13 provided underLaws 1976,this chapter199to any private person 51.14 or entity or other unit of government. 51.15 Sec. 42. Minnesota Statutes 2000, section 168C.13, 51.16 subdivision 1, is amended to read: 51.17 Subdivision 1. [BICYCLE REGISTRATION POWERS OF POLITICAL 51.18 SUBDIVISION.]After February 28, 1977,No political subdivision 51.19 may license or register bicycles except as a deputy registrar 51.20 pursuant to section 168C.11, subdivision 1. However, any 51.21 political subdivisionwhich had such power prior tothat had the 51.22 power of a deputy registrar before March 1, 1977, may thereafter 51.23 require that any or all bicycles used or ridden upon any 51.24 highway, street, alley, sidewalk, or other public way, or 51.25 property within the boundariesthereof shallof the public way, 51.26 must be registered. Applications for new registrations required 51.27 pursuant to this subdivisionshallmust be made to the 51.28 commissioner in the same manner and subject to the same rules, 51.29 fees, and penalties as those made voluntarily pursuant to 51.30 section 168C.03. 51.31 Sec. 43. Minnesota Statutes 2000, section 169.06, is 51.32 amended by adding a subdivision to read: 51.33 Subd. 9. [AFFIRMATIVE DEFENSE RELATING TO UNCHANGING 51.34 TRAFFIC CONTROL SIGNAL.] (a) A person operating a motorcycle or 51.35 bicycle who violates subdivision 4 by entering or crossing an 51.36 intersection controlled by a traffic-control signal against a 52.1 red light has an affirmative defense to that charge if the 52.2 person establishes all of the following conditions: 52.3 (1) the motorcycle or bicycle has been brought to a 52.4 complete stop; 52.5 (2) the traffic-control signal continues to show a red 52.6 light for an unreasonable time; 52.7 (3) the traffic-control signal is apparently malfunctioning 52.8 or, if programmed or engineered to change to a green light only 52.9 after detecting the approach of a motor vehicle, the signal has 52.10 apparently failed to detect the arrival of the motorcycle or 52.11 bicycle; and 52.12 (4) no motor vehicle or person is approaching on the street 52.13 or highway to be crossed or entered or is so far away from the 52.14 intersection that it does not constitute an immediate hazard. 52.15 (b) The affirmative defense in this subdivision applies 52.16 only to a violation for entering or crossing an intersection 52.17 controlled by a traffic-control signal against a red light and 52.18 does not provide a defense to any other civil or criminal action. 52.19 Sec. 44. Minnesota Statutes 2000, section 169.26, 52.20 subdivision 1, is amended to read: 52.21 Subdivision 1. [REQUIREMENTS.] (a) Except as provided in 52.22 section 169.28, subdivision 1, when any person driving a vehicle 52.23 approaches a railroad grade crossing under any of the 52.24 circumstances stated in this paragraph, the driver shall stop 52.25 the vehicle not less than ten feet from the nearest railroad 52.26 track and shall not proceed until safe to do so. These 52.27 requirements apply when: 52.28 (1) a clearly visible electric or mechanical signal device 52.29 warns of the immediate approach of a railroad train; or 52.30 (2) an approaching railroad train is plainly visible and is 52.31 in hazardous proximity. 52.32 (b) The fact that a moving train approaching a railroad 52.33 grade crossing is visible from the crossing is prima facie 52.34 evidence that it is not safe to proceed. 52.35 (c) The driver of a vehicle shall stop and remain stopped 52.36 and not traverse the grade crossing when a human flagger signals 53.1 the approach or passage of a train or when a crossing gate is 53.2 lowered warning of the immediate approach or passage of a 53.3 railroad train. No person may drive a vehicle past a flagger at 53.4 a railroad crossing until the flagger signals that the way is 53.5 clear to proceed or drive a vehicle past a lowered crossing gate. 53.6 Sec. 45. Minnesota Statutes 2000, section 169.28, 53.7 subdivision 1, is amended to read: 53.8 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 53.9 motor vehicle carrying passengers for hire, or of any school bus 53.10 whether carrying passengers or not, or of any Head Start bus 53.11 whether carrying passengers or not, or of any vehiclecarrying53.12explosive substances or flammable liquids, or liquid gas under53.13pressure as a cargo or part of a cargothat is required to stop 53.14 at railroad grade crossings under Code of Federal Regulations, 53.15 title 49, section 392.10, before crossing at grade any track or 53.16 tracks of a railroad, shall stop the vehicle not less thanten53.17 15 feet nor more than 50 feet from the nearest rail of the 53.18 railroad and while so stopped shall listen and look in both 53.19 directions along the track for any approaching train, and for 53.20 signals indicating the approach of a train, except as 53.21 hereinafter provided, and shall not proceed until safe to do 53.22 so. The driver must not shift gears while crossing the railroad 53.23 tracks. 53.24 (b) A school bus or Head Start bus shall not be flagged 53.25 across railroad grade crossings except at those railroad grade 53.26 crossings that the local school administrative officer may 53.27 designate. 53.28 Sec. 46. Minnesota Statutes 2001 Supplement, section 53.29 169.781, subdivision 2, is amended to read: 53.30 Subd. 2. [INSPECTION REQUIRED.] It is unlawful for a 53.31 person to operate or permit the operation of: 53.32 (1) a commercial motor vehicle registered in Minnesota; or 53.33 (2) special mobile equipment as defined in section 168.011, 53.34 subdivision 22, and which is self-propelled, if it is mounted on 53.35 a commercial motor vehicle chassis,including, but not limited53.36to, a mobile crane, a water well-drilling rig, and a54.1concrete-placement pumper,54.2 unless the vehicle displays a valid safety inspection decal 54.3 issued by an inspector certified by the commissioner, or the 54.4 vehicle carries (1) proof that the vehicle complies with federal 54.5 motor vehicle inspection requirements for vehicles in interstate 54.6 commerce, and (2) a certificate of compliance with federal 54.7 requirements issued by the commissioner under subdivision 9. 54.8 Sec. 47. Minnesota Statutes 2001 Supplement, section 54.9 169.79, subdivision 3, is amended to read: 54.10 Subd. 3. [MOTORCYCLEREAR DISPLAY OF SINGLE PLATE.] If the 54.11 vehicle is a motorcycle, motor scooter, motorized bicycle, 54.12 motorcycle sidecar, trailer registered at greater than 3,000 54.13 pounds gross vehicle weight (GVW), semitrailer, or vehicle 54.14 displaying a dealer plate, then one license plate must be 54.15 displayed on the rear of the vehicle. 54.16 Sec. 48. Minnesota Statutes 2001 Supplement, section 54.17 169.79, is amended by adding a subdivision to read: 54.18 Subd. 3a. [SMALL TRAILER.] If the vehicle is a trailer 54.19 with 3,000 pounds or less GVW with lifetime registration, the 54.20 numbered plate or sticker must be adhered to the side of the 54.21 trailer frame tongue near the hitch. 54.22 Sec. 49. Minnesota Statutes 2001 Supplement, section 54.23 169.79, subdivision 8, is amended to read: 54.24 Subd. 8. [PLATE REGISTRATION STICKERS.] License plates 54.25 issued to vehicles registered under section 168.017 must display 54.26 the month of expiration in the lower left corner as viewed 54.27 facing the plate and the year of expiration in the lower right 54.28 corner as viewed facing the plate. License plates issued to 54.29 vehicles registered under section 168.127 must display either 54.30 fleet registration validation stickers in the lower right corner 54.31 as viewed facing the plates or distinctive license plates, 54.32 issued by the registrar, with "FLEET REG"embosseddisplayed on 54.33 the bottom center portion of the plate. 54.34 Sec. 50. Minnesota Statutes 2000, section 169.974, 54.35 subdivision 5, is amended to read: 54.36 Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle 55.1 shall ride only upon a permanent and regular seat which is 55.2 attached to the vehicle for that purpose. No other person shall 55.3 ride on a motorcycle; except that passengers may ride upon a 55.4 permanent and regular operator's seat if designed for two 55.5 persons, or upon additional seats attached to the vehicle to the 55.6 rear of the operator's seat, or in a sidecar attached to the 55.7 vehicle; provided, however, that the operator of a motorcycle 55.8 shall not carry passengers in a number in excess of the designed 55.9 capacity of the motorcycle or sidecar attached to it. No 55.10 passenger shall be carried in a position that will interfere 55.11 with the safe operation of the motorcycle or the view of the 55.12 operator. 55.13 (b) No person shall ride upon a motorcycle as a passenger 55.14 unless, when sitting astride the seat, the person can reach the 55.15 foot rests with both feet. 55.16 (c) No person, except passengers of sidecars or drivers and 55.17 passengers of three-wheeled motorcycles, shall operate or ride 55.18 upon a motorcycle except while sitting astride the seat, facing 55.19 forward, with one leg on either side of the motorcycle. 55.20 (d) No person shall operate a motorcycle while carrying 55.21 animals, packages, bundles, or other cargo which prevent the 55.22 person from keeping both hands on the handlebars. 55.23 (e) No person shall operate a motorcycle between lanes of 55.24 moving or stationary vehicles headed in the same direction, nor 55.25 shall any person drive a motorcycle abreast of or overtake or 55.26 pass another vehicle within the same traffic lane, except that 55.27 motorcycles may, with the consent of both drivers, be operated 55.28 not more than two abreast in a single traffic lane. 55.29 (f) Motor vehicles including motorcycles are entitled to 55.30 the full use of a traffic lane and no motor vehicle may be 55.31 driven or operated in a manner so as to deprive a motorcycle of 55.32 the full use of a traffic lane. 55.33 (g) A person operating a motorcycle upon a roadway must be 55.34 granted the rights and is subject to the duties applicable to a 55.35 motor vehicle as provided by law, except as to those provisions 55.36 which by their nature can have no application. 56.1 (h) Paragraph (e) of this subdivision does not apply to 56.2 police officers in the performance of their official duties. 56.3 (i) No person shall operate a motorcycle on a street or 56.4 highway unless the headlight or headlights are lighted at all 56.5 times the motorcycle is so operated. 56.6 (j) When parking on the right-of-way of a street or 56.7 highway, the motorcycle must be parked completely within the 56.8 parking spot, if marked. The front of the motorcycle should be 56.9 pointed or angled toward the roadway as practicable and 56.10 necessary to allow the operator (1) to view any traffic in both 56.11 directions of the street or highway without having to move the 56.12 motorcycle into a lane of traffic and without losing balance or 56.13 control of the motorcycle and (2) to ride the motorcycle forward 56.14 and directly into the roadway when sufficiently clear of traffic. 56.15 Sec. 51. Minnesota Statutes 2000, section 171.02, 56.16 subdivision 1, is amended to read: 56.17 Subdivision 1. [LICENSE REQUIRED.]No person,Exceptthose56.18hereinafterwhen expressly exempted, a person shall not 56.19 driveanya motor vehicle uponanya street or highway in this 56.20 state unlesssuchthe person has a license valid underthe56.21provisions ofthis chapter for the type or class of vehicle 56.22 being driven.No personThe department shallreceivenot issue 56.23 a driver's license to a person unless and until the person's 56.24 license from any jurisdiction has been invalidatedby the56.25department. The department shall provide to the issuing 56.26 department of any jurisdiction, information that the licensee is 56.27 now licensed in Minnesota.NoA personshall beis not 56.28 permitted to have more than one valid driver's license at any 56.29 time.NoThe department shall not issue to a person to whom a 56.30 current Minnesota identification card has been issuedmay56.31receivea driver's license, other than an instruction permit or 56.32 a limited license, unless the person's Minnesota identification 56.33 card has been invalidatedby the department. 56.34 Sec. 52. Minnesota Statutes 2000, section 171.02, 56.35 subdivision 5, is amended to read: 56.36 Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.] 57.1 Pursuant to the waiver authorization set forth in Public Law 57.2 Number 104-59, section 345 (a)(5), a person who operates a 57.3 commercial motor vehicle for the purpose of removing snow or ice 57.4 from a roadway by plowing, salting, or sanding is not required 57.5 to hold a commercial driver's license if the person: 57.6 (1) is an employee of a local unit of government with a 57.7 population of 3,000 or less; 57.8 (2) is operating within the boundaries of the local unit of 57.9 government; 57.10 (3) holds a valid class D driver's licenseauthorizing the57.11operation of class B vehicles; and 57.12 (4) except in the event of a lawful strike, is temporarily 57.13 replacing the employee who normally operates the vehicle but 57.14 either is unable to operate the vehicle or is in need of 57.15 additional assistance due to a snow emergency as determined by 57.16 the local unit of government. 57.17 Sec. 53. Minnesota Statutes 2000, section 171.04, 57.18 subdivision 1, is amended to read: 57.19 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 57.20 shall not issue a driver's license: 57.21 (1) to any person under 18 years unless: 57.22 (i) the applicant is 16 or 17 years of age and has a 57.23 previously issued valid license from another state or country or 57.24 the applicant has, for the 12 consecutive months preceding 57.25 application, held a provisional license and during that time has 57.26 incurred (A) no conviction for a violation of section 169A.20, 57.27 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no 57.28 conviction for a crash-related moving violation, and (C) not 57.29 more than one conviction for a moving violation that is not 57.30 crash related. "Moving violation" means a violation of a 57.31 traffic regulation but does not include a parking violation, 57.32 vehicle equipment violation, or warning citation; 57.33 (ii) the application for a license is approved by (A) 57.34 either parent when both reside in the same household as the 57.35 minor applicant or, if otherwise, then (B) the parent or spouse 57.36 of the parent having custody or, in the event there is no court 58.1 order for custody, then (C) the parent or spouse of the parent 58.2 with whom the minor is living or, if subitems (A) to (C) do not 58.3 apply, then (D) the guardian having custody of the minor or, in 58.4 the event a person under the age of 18 has no living father, 58.5 mother, or guardian, or is married or otherwise legally 58.6 emancipated, then (E) the minor's adult spouse, close family 58.7 member, or employer; provided, that the approval required by 58.8 this item contains a verification of the age of the applicant 58.9 and the identity of the parent, guardian, spouse, close family 58.10 member, or employer; and 58.11 (iii) the applicant presents a certification by the person 58.12 who approves the application under item (ii), stating that the 58.13 applicant has driven a motor vehicle accompanied by and under 58.14 supervision of a licensed driver at least 21 years of age for at 58.15 least ten hours during the period of provisional licensure; 58.16 (2) to any person who is 18 years of age or younger, unless 58.17 the person has applied for, been issued, and possessed the 58.18 appropriate instruction permit for a minimum of six months, and, 58.19 with respect to a person under 18 years of age, a provisional 58.20 license for a minimum of 12 months; 58.21 (3) to any person who is 19 years of age or older, unless 58.22 that person has applied for, been issued, and possessed the 58.23 appropriate instruction permit for a minimum of three months; 58.24 (4) to any person whose license has been suspended during 58.25 the period of suspension except that a suspended license may be 58.26 reinstated during the period of suspension upon the licensee 58.27 furnishing proof of financial responsibility in the same manner 58.28 as provided in the Minnesota No-Fault Automobile Insurance Act; 58.29 (5) to any person whose license has been revoked except 58.30 upon furnishing proof of financial responsibility in the same 58.31 manner as provided in the Minnesota No-Fault Automobile 58.32 Insurance Act and if otherwise qualified; 58.33 (6) to any drug-dependent person, as defined in section 58.34 254A.02, subdivision 5; 58.35 (7) to any person who has been adjudged legally incompetent 58.36 by reason of mental illness, mental deficiency, or inebriation, 59.1 and has not been restored to capacity, unless the department is 59.2 satisfied that the person is competent to operate a motor 59.3 vehicle with safety to persons or property; 59.4 (8) to any person who is required by this chapter to take a 59.5 vision, knowledge, or road examination, unless the person has 59.6 successfully passed the examination. An applicant who fails 59.7 four road tests must complete a minimum of six hours of 59.8 behind-the-wheel instruction with an approved instructor before 59.9 taking the road test again; 59.10 (9) to any person who is required under the Minnesota 59.11 No-Fault Automobile Insurance Act to deposit proof of financial 59.12 responsibility and who has not deposited the proof; 59.13 (10) to any person when the commissioner has good cause to 59.14 believe that the operation of a motor vehicle on the highways by 59.15 the person would be inimical to public safety or welfare; 59.16 (11) to any person when, in the opinion of the 59.17 commissioner, the person is afflicted with or suffering from a 59.18 physical or mental disability or disease that will affect the 59.19 person in a manner as to prevent the person from exercising 59.20 reasonable and ordinary control over a motor vehicle while 59.21 operating it upon the highways; 59.22 (12) to a person who is unable to read and understand 59.23 official signs regulating, warning, and directing traffic; 59.24 (13) to a child for whom a court has ordered denial of 59.25 driving privileges under section 260C.201, subdivision 1, or 59.26 260B.235, subdivision 5, until the period of denial is 59.27 completed; or 59.28 (14) to any person whose license has been canceled, during 59.29 the period of cancellation. 59.30 Sec. 54. Minnesota Statutes 2000, section 171.05, 59.31 subdivision 2, is amended to read: 59.32 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a) 59.33 Notwithstanding any provision in subdivision 1 to the contrary, 59.34 the department may issue an instruction permit to an applicant 59.35 who is 15, 16, or 17 years of age and who: 59.36 (1) has completed a course of driver education in another 60.1 state, has a previously issued valid license from another state, 60.2 or is enrolled in either: 60.3 (i) a public, private, or commercial driver education 60.4 program that is approved by the commissioner of public safety 60.5 and that includes classroom and behind-the-wheel training; or 60.6 (ii) an approved behind-the-wheel driver education program 60.7 when the student is receiving full-time instruction in a home 60.8 school within the meaning of sections 120A.22 and 120A.24, the 60.9 student is working toward a home-school diploma, the student's 60.10 status as a home-school student has been certified by the 60.11 superintendent of the school district in which the student 60.12 resides, and the student is taking home-classroom driver 60.13 training with classroom materials approved by the commissioner 60.14 of public safety; 60.15 (2) has completed the classroom phase of instruction in the 60.16 driver education program; 60.17 (3) has passed a test of the applicant's eyesight; 60.18 (4) has passed a department-administered test of the 60.19 applicant's knowledge of traffic laws; 60.20 (5) has completed the required application, which must be 60.21 approved by (i) either parent when both reside in the same 60.22 household as the minor applicant or, if otherwise, then (ii) the 60.23 parent or spouse of the parent having custody or, in the event 60.24 there is no court order for custody, then (iii) the parent or 60.25 spouse of the parent with whom the minor is living or, if items 60.26 (i) to (iii) do not apply, then (iv) the guardian having custody 60.27 of the minor or, in the event a person under the age of 18 has 60.28 no living father, mother, or guardian, or is married or 60.29 otherwise legally emancipated, then (v) the applicant's adult 60.30 spouse, adult close family member, or adult employer; provided, 60.31 that the approval required by this clause contains a 60.32 verification of the age of the applicant and the identity of the 60.33 parent, guardian, adult spouse, adult close family member, or 60.34 adult employer; and 60.35 (6) has paid the fee required in section 171.06, 60.36 subdivision 2. 61.1 (b) The instruction permit is valid for one year from the 61.2 date of application and may be renewed upon payment of a fee 61.3 equal to the fee for issuance of an instruction permit under 61.4 section 171.06, subdivision 2. 61.5 Sec. 55. Minnesota Statutes 2000, section 171.055, 61.6 subdivision 1, is amended to read: 61.7 Subdivision 1. [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a) 61.8 The department may issue a provisional license, which must be 61.9 distinctive in appearance from a driver's license, to an 61.10 applicant who: 61.11 (1) has reached the age of 16 years; 61.12 (2) during the six months immediately preceding the 61.13 application for the provisional license has possessed an 61.14 instruction permit and has incurred (i) no convictions for a 61.15 violation of section 169A.20, 169A.33, 169A.35, or sections 61.16 169A.50 to 169A.53, (ii) no convictions for a crash-related 61.17 moving violation, and (iii) no convictions for a moving 61.18 violation that is not crash related; 61.19 (3) has successfully completed a course of driver education 61.20 in accordance with department rules; 61.21 (4) completes the required application, which must be 61.22 approved by (i) either parent when both reside in the same 61.23 household as the minor applicant or, if otherwise, then (ii) the 61.24 parent or spouse of the parent having custody or, in the event 61.25 there is no court order for custody, then (iii) the parent or 61.26 spouse of the parent with whom the minor is living or, if items 61.27 (i) to (iii) do not apply, then (iv) the guardian having custody 61.28 of the minor or, in the event a person under the age of 18 has 61.29 no living father, mother, or guardian, or is married or 61.30 otherwise legally emancipated, then (v) the applicant's adult 61.31 spouse, adult close family member, or adult employer; provided, 61.32 that the approval required by this clause contains a 61.33 verification of the age of the applicant and the identity of the 61.34 parent, guardian, adult spouse, adult close family member, or 61.35 adult employer; 61.36 (5) presents certification by the person who approves the 62.1 application under clause (4) stating that the applicant has 62.2 driven a motor vehicle accompanied by and under the supervision 62.3 of a licensed driver at least 21 years of age, for no less than 62.4 30 hours, at least ten of which were nighttime hours; and 62.5 (6) pays the fee required in section 171.06, subdivision 2. 62.6 (b) For purposes of this section, "moving violation" has 62.7 the meaning given it in section 171.04, subdivision 1. 62.8 Sec. 56. Minnesota Statutes 2000, section 171.06, 62.9 subdivision 1, is amended to read: 62.10 Subdivision 1. [FORMS OF APPLICATION.] Every application 62.11 for a Minnesota identification card, for an instruction permit, 62.12 for a provisional license, or for a driver's licenseshallmust 62.13 be madeuponin aform furnishedformat approved by the 62.14 department, and every applicationshallmust be accompanied by 62.15 the proper fee.All applications shall be signed in the62.16presence of the person authorized to accept the applications, or62.17the signature on the application may be verified by a notary62.18public.All first-time applications and change of status 62.19 applications must be signed in the presence of the person 62.20 authorized to accept the application, or the signature on the 62.21 application may be verified by a notary public. All 62.22 applications requiring evidence of legal presence in the United 62.23 States must be signed in the presence of the person authorized 62.24 to accept the application, or the signature on the application 62.25 may be verified by a notary public. 62.26 Sec. 57. Minnesota Statutes 2000, section 171.06, 62.27 subdivision 3, is amended to read: 62.28 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 62.29 An application must: 62.30 (1) state the full name, date of birth, sex, and residence 62.31 address of the applicant,; 62.32 (2) as may be required by the commissioner, contain a 62.33 description of the applicantin such manner as the commissioner62.34may require, and must state whether or not the applicant has62.35theretofore been licensed as a driver; and, if so, when and by62.36what state or country and whether any such license has ever been63.1suspended or revoked, or whether an application has ever been63.2refused; and, if so, the date of and reason for such suspension,63.3revocation, or refusal, together with suchand any other facts 63.4 pertaining to the applicant, the applicant's driving privileges, 63.5 and the applicant's ability to operate a motor vehicle with 63.6 safetyas may be required by the commissioner. An application; 63.7 (3) for a class C, class B, or class A driver's license 63.8also must, state the applicant's social security number. An63.9applicationor, for a class D driver's licensemust, have a 63.10 space for the applicant's social security number and state that 63.11 providing the number is optional, or otherwise convey that the 63.12 applicant is not required to enter the social security number.63.13The application form must; 63.14 (4) contain a space where the applicant may indicate a 63.15 desire to make an anatomical gift according to paragraph (b); 63.16 and 63.17 (5) contain a notification to the applicant of the 63.18 availability of a living will/health care directive designation 63.19 on the license under section 171.07, subdivision 7. 63.20 (b) If the applicant does not indicate a desire to make an 63.21 anatomical gift when the application is made, the applicant must 63.22 be offered a donor document in accordance with section 171.07, 63.23 subdivision 5. The applicationformmust contain statements 63.24 sufficient to comply with the requirements of the Uniform 63.25 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so 63.26 that execution of the application or donor document will make 63.27 the anatomical gift as provided in section 171.07, subdivision 63.28 5, for those indicating a desire to make an anatomical 63.29 gift.The application form must contain a notification to the63.30applicant of the availability of a living will/health care63.31directive designation on the license under section 171.07,63.32subdivision 7. The application must be in the form prepared by63.33the commissioner.The application must be accompanied by 63.34 information describing Minnesota laws regarding anatomical gifts 63.35 and the need for and benefits of anatomical gifts. 63.36(b)(c) The applicationformmust be accompanied also by 64.1a pamphletinformation containing relevant facts relating to: 64.2 (1) the effect of alcohol on driving ability; 64.3 (2) the effect of mixing alcohol with drugs; 64.4 (3) the laws of Minnesota relating to operation of a motor 64.5 vehicle while under the influence of alcohol or a controlled 64.6 substance; and 64.7 (4) the levels of alcohol-related fatalities and accidents 64.8 in Minnesota and of arrests for alcohol-related violations. 64.9(c) The application form must also be accompanied by a64.10pamphlet describing Minnesota laws regarding anatomical gifts64.11and the need for and benefits of anatomical gifts.64.12 Sec. 58. Minnesota Statutes 2001 Supplement, section 64.13 171.07, subdivision 1, is amended to read: 64.14 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment 64.15 of the required fee, the department shall issue to every 64.16 qualifying applicant a license designating the type or class of 64.17 vehicles the applicant is authorized to drive as applied for. 64.18 This license must bear a distinguishing number assigned to the 64.19 licensee, the full name, date of birth, residence address and 64.20 permanent mailing address if different, a description of the 64.21 licensee insucha manner as the commissioner deems necessary, 64.22 anda space upon which the licensee shall writethe usual 64.23 signatureand the date of birthof the licensee. No license is 64.24 validuntil it has been signed byunless it bears the usual 64.25 signature of the licensee.Except in the case of an instruction64.26permit,Every license must bear a colored photograph or an 64.27 electronically produced image of the licensee. 64.28 (b) Every license issued to an applicant under the age of 64.29 21 must be of a distinguishing color and plainly marked 64.30 "Under-21." 64.31 (c) The department shall usesuch process orprocesses in 64.32the issuance of licensesissuing a license that 64.33prohibitsprohibit, asnearnearly as possible, the ability to 64.34 alter or reproducethe licensesa license, or prohibit the 64.35 ability to superimpose a photograph or electronically produced 64.36 image onthe licensesa license, without ready detection. 65.1 (d) A license issued to an applicant age 65 or over must be 65.2 plainly marked "senior" if requested by the applicant. 65.3 Sec. 59. Minnesota Statutes 2000, section 171.07, 65.4 subdivision 3, is amended to read: 65.5 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 65.6 the required fee, the department shall issue to every qualifying 65.7 applicanttherefora Minnesota identification card. The 65.8 department may not issue a Minnesota identification card to a 65.9 person who has a driver's license, other thanan instruction65.10permit ora limited license. The card must bear a 65.11 distinguishing number assigned to the applicant,; a colored 65.12 photograph or an electronically produced image,of the 65.13 applicant; the applicant's full name, date of birth, and 65.14 residence address,; a description of the applicant in the manner 65.15 as the commissioner deems necessary,; anda space upon which the65.16applicant shall writethe usual signatureand the date of birth65.17 of the applicantwith pen and ink. 65.18 (b) Each identification card issued to an applicant under 65.19 the age of 21 must be of a distinguishing color and plainly 65.20 marked "Under-21." 65.21(b)(c) Each Minnesota identification card must be plainly 65.22 marked "Minnesota identification card - not a driver's license." 65.23(c)(d) The fee for a Minnesota identification card is 50 65.24 cents when issued to: a person who is mentally retarded, as 65.25 defined in section 252A.02, subdivision 2; a physically disabled 65.26 person, as defined in section 169.345, subdivision 2; or, a 65.27 person with mental illness, as described in section 245.462, 65.28 subdivision 20, paragraph (c). 65.29 Sec. 60. Minnesota Statutes 2000, section 171.13, 65.30 subdivision 2, is amended to read: 65.31 Subd. 2. [EXAMINATION UPON RENEWAL.] The department shall 65.32 issue a driver's licenseshall be issuedupon renewal when the 65.33 applicant has passed an examination consisting of a screening of 65.34 the applicant's eyesight. Screening of eyesight required by 65.35 this subdivisionshalldoes notbe construed asconstitute the 65.36 practice of optometry as defined in section 148.56. The 66.1 commissioner may adopt rules to administer this subdivision. 66.2 Sec. 61. Minnesota Statutes 2000, section 171.165, is 66.3 amended to read: 66.4 171.165 [COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.] 66.5 Subdivision 1. [FIRST VIOLATION.] Subject to section 66.6 171.166, the commissioner shall disqualify a person from 66.7 operating commercial motor vehicles for one year upon receiving 66.8 a record of the first conviction of the person for committing a 66.9 violation of any of the followingin the commission of which66.10 offenses while operating a commercial motor vehiclewas used: 66.11 (1) section 169A.20 or 169A.31; 66.12 (2) section 169.09, subdivision 1 or 2; 66.13 (3) a felony, other than a felony described in subdivision 66.14 3, paragraph (a), clause(3)(2), item (ii);or66.15 (4) driving with a revoked, suspended, canceled, denied, or 66.16 disqualified commercial driver's license; 66.17 (5) causing a fatality through the negligent or criminal 66.18 operation of a commercial motor vehicle; or 66.19 (6) an offense committed in another state that would be 66.20 grounds for disqualification under this subdivision or 66.21 subdivision 2 if committed in Minnesota. 66.22 Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner 66.23 shall disqualify a person from operating commercial motor 66.24 vehicles for one year from the effective date of a revocation 66.25 under section 169A.52 or a statute or ordinance from another 66.26 state in conformity with it, if the person was driving, 66.27 operating, or in physical control of a commercial motor vehicle 66.28 at the time of the incident on which the revocation is based. 66.29 Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] (a) Subject to 66.30 section 171.166, the commissioner shall disqualify a person from 66.31 operating commercial motor vehicles for: 66.32 (1) not less than three years, for a conviction or 66.33 revocation set forth in subdivision 1 or 2 committed during the 66.34 transportation of hazardous materials; 66.35 (2)not less than ten yearslife,if the person is66.36convictedfor a conviction: 67.1 (i) of a second or subsequenttime of andisqualifying 67.2 offense set forth in subdivision 1 or 2, a statute of another 67.3 state or ordinance in conformity with it, or any combination of 67.4 those offenses, arising from separate incidents; or 67.5(3) life, if the person is convicted(ii) under chapter 152 67.6 of a felony involving the manufacture, sale, or distribution of 67.7 a controlled substance, or involving the possession of a 67.8 controlled substance with intent to manufacture, sell, or 67.9 distribute it, and the person is found to have used a commercial 67.10 vehicle in the commission of the felony. 67.11 (b) A person whose commercial motor vehicle driving 67.12 privileges have been disqualified under paragraph (a), clause 67.13 (2), item (i), may apply for reinstatement after ten years. A 67.14 person whose commercial motor vehicle driving privileges have 67.15 been disqualified under paragraph (a), clause (2), item (ii), 67.16 may not apply for reinstatement. 67.17 (c) A person whose commercial motor vehicle driving 67.18 privileges have been reinstated under paragraph (b) and who 67.19 subsequently commits a disqualifying offense set forth in 67.20 subdivision 1 or 2, or any combination of those offenses, may 67.21 not apply for reinstatement. 67.22 Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a 67.23 record of conviction and subject to section 171.166, the 67.24 commissioner shall disqualify a person from operating commercial 67.25 motor vehicles for 60 days if the person is convicted of two 67.26 serious traffic violations, or 120 days if convicted of three 67.27 serious traffic violations. The violations must involve 67.28 separate incidents and must have been committed in a commercial 67.29 motor vehicle within a three-year period. For purposes of this 67.30 subdivision, a serious trafficoffenseviolation includes the 67.31 following: 67.32 (1) following too closely under section 169.18, subdivision 67.33 8; 67.34 (2) erratic lane change under sections 169.18, subdivisions 67.35 3 and 7; and 169.19, subdivision 4; 67.36 (3) operating the commercial vehicle at a speed 15 miles 68.1 per hour or more above the posted speed limit; 68.2 (4) reckless or careless driving under section 169.13; 68.3 (5) fleeing a peace officer under section 609.487;and68.4 (6) a violation of a moving traffic statute of Minnesota or 68.5 any state, or an ordinance in conformity with a Minnesota 68.6 statute, that arose in connection with a fatal accident; 68.7 (7) operating a commercial motor vehicle without the proper 68.8 class of commercial driver's license or endorsements for the 68.9 type of vehicle being operated; and 68.10 (8) operating a commercial motor vehicle without a 68.11 commercial driver's license in immediate possession, unless the 68.12 person provides proof to the court that, on the date of the 68.13 citation, the person held a valid commercial driver's license of 68.14 the proper class and with the proper endorsements. 68.15 Subd. 4a. [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The 68.16 commissioner shall disqualify a person from operating a 68.17 commercial motor vehicle for not less than: 68.18 (1) 90 days nor more than one year if the operator is 68.19 convicted of a first violation of an out-of-service order; 68.20 (2) one year nor more than five years if, during any 68.21 ten-year period, the operator is convicted of two violations of 68.22 out-of-service orders in separate incidents; and 68.23 (3) three years nor more than five years if, during any 68.24 ten-year period, the operator is convicted of three or more 68.25 violations of out-of-service orders in separate incidents. 68.26 (b) The commissioner shall notify the commissioner of 68.27 transportation of each disqualification under this subdivision. 68.28 Subd. 4b. [RAILROAD GRADE CROSSING VIOLATION.] (a) The 68.29 commissioner shall disqualify a person from operating a 68.30 commercial motor vehicle for not less than: 68.31 (1) 60 days if the person is convicted of a first railroad 68.32 grade crossing violation; 68.33 (2) 120 days if, during any three-year period, the person 68.34 is convicted of two railroad grade crossing violations arising 68.35 from separate incidents; 68.36 (3) one year if, during any three-year period, the person 69.1 is convicted of three or more railroad grade crossing violations 69.2 arising from separate incidents. 69.3 (b) For the purposes of the subdivision, "railroad grade 69.4 crossing violation" means a violation of section 169.26 or 69.5 169.28, Code of Federal Regulations, title 49, section 392.10, 69.6 or a statute or ordinance from another state in conformity with 69.7 those sections, while operating a commercial motor vehicle. 69.8 Subd. 5. [RULES.] The commissioner shall adopt rules to 69.9 administer this section. The rules must include procedures for 69.10 issuing class D licenses to persons who have been disqualified 69.11 from operating commercial motor vehicles but whose drivers' 69.12 licenses have not otherwise been revoked, suspended, canceled, 69.13 or denied. 69.14 Subd. 6. [EXEMPTIONS.] A disqualification shall not be 69.15 imposed under this section on a recreational equipment operator, 69.16 farmer, or firefighter operating a commercial motor vehicle 69.17 within the scope of section 171.02, subdivision 2, paragraph (b). 69.18 Subd. 7. [SCOPE.] This section applies to offenses 69.19 committed, and revocations imposed for incidents occurring, on 69.20 or after January 1, 1990. 69.21 Sec. 62. [INTENT.] 69.22 Nothing in section 10, subdivision 1a, paragraphs (a) and 69.23 (c) through (i), and related repeals elsewhere in that section, 69.24 is intended to increase or decrease the scope or extent of any 69.25 category of licensing authorized under Minnesota Statutes, 69.26 section 168.27. 69.27 Sec. 63. [EXEMPTION FROM MATCHING REQUIREMENT.] 69.28 All money received under Public Law Number 107-71, the 69.29 Aviation and Transportation Security Act, is exempt from the 69.30 matching requirements of Minnesota Statutes, section 360.305, 69.31 subdivision 4. 69.32 Sec. 64. [REPEALER.] 69.33 Minnesota Statutes 2000, sections 115A.908, subdivision 2; 69.34 and 171.30, subdivision 3; and Minnesota Statutes 2001 69.35 Supplement, section 115A.908, subdivision 1, are repealed. 69.36 ARTICLE 2 70.1 COMMERCIAL VEHICLE ENFORCEMENT 70.2 Section 1. Minnesota Statutes 2000, section 168.011, 70.3 subdivision 17, is amended to read: 70.4 Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single 70.5 unit trucks, truck-tractors, tractors, semitrailers, and 70.6 trailers used by the owner thereof to transport agricultural, 70.7 horticultural, dairy, and other farm products, including 70.8 livestock, produced or finished by the owner of the truck, and 70.9 any other personal property owned by the farmer to whom the 70.10 license for the truck is issued, from the farm to market, and to 70.11 transport property and supplies to the farm of the owner. 70.12 Trucks, truck-tractors, tractors, semitrailers, and trailers 70.13 registered as "farm trucks" may be used by the owner thereof to 70.14 occasionally transport unprocessed and raw farm products, not 70.15 produced by the owner of the truck, from the place of production 70.16 to market when the transportation constitutes the first haul of 70.17 the products, and may be used by the owner thereof, either 70.18 farmer or logger who harvests and hauls forest products only, to 70.19 transport logs, pulpwood, lumber, chips, railroad ties and other 70.20 raw and unfinished forest products from the place of production 70.21 to an intermediate or final assembly point or transfer yard or 70.22 railheadwhen the transportation constitutes, which 70.23 transportation may be continued by another farm truck to a place 70.24 for final processing or manufacture located within 200 miles of 70.25 the place of production and all of which is deemed to constitute 70.26 the first haulthereof,of unfinished wood products; provided 70.27 that the owner and operator of the vehicle transporting planed 70.28 lumber shall have in immediate possession a statement signed by 70.29 the producer of the lumber designating the governmental 70.30 subdivision, section, and township where the lumber was produced 70.31 and that this haul, indicating the date, is the first haul 70.32 thereof. The licensed vehicles may also be used by the owner 70.33 thereof to transport, to and from timber-harvesting areas, 70.34 equipment and appurtenances incidental to timber harvesting, and 70.35 gravel and other road-building materials for timber haul roads. 70.36 (b) "Farm trucks" shall also include only single unit 71.1 trucks, whichthat, because of their construction, cannot be 71.2 used for any other purpose and are used exclusively to transport 71.3 milk and cream en route from a farm to an assembly point or 71.4 place for final manufacture, and for transporting milk and cream 71.5 from an assembly point to a place for final processing or 71.6 manufacture. This section shall not be construed to mean that 71.7 the owner or operator of the truck cannot carry on usual 71.8 accommodation services for patrons on regular return trips, such 71.9 as butter, cream, cheese, and other dairy supplies. 71.10 Sec. 2. Minnesota Statutes 2000, section 168.013, 71.11 subdivision 3, is amended to read: 71.12 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 71.13 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 71.14 gross weight shall state the unloaded weight of the motor 71.15 vehicle, trailer, or semitrailer and the maximum load the 71.16 applicant proposes to carry thereon, the sum of which shall 71.17 constitute the gross weight upon which the license tax shall be 71.18 paid, but in no case shall the declared gross weight upon which 71.19 the tax is paid be less than 1-1/4 times the declared unloaded 71.20 weight of the motor vehicle, trailer, or semitrailer to be 71.21 registered, except recreational vehicles taxed under subdivision 71.22 1g, school buses taxed under subdivision 18, and tow trucks or 71.23 towing vehicles defined in section 169.01, subdivision 52. The 71.24 gross weight of a tow truck or towing vehicle is the actual 71.25 weight of the tow truck or towing vehicle fully equipped, but 71.26 does not include the weight of a wrecked or disabled vehicle 71.27 towed or drawn by the tow truck or towing vehicle. 71.28 (b) The gross weight ofnoa motor vehicle, trailer, or 71.29 semitrailer shall not exceed the gross weight upon which the 71.30 license tax has been paid by more than four percent or 1,000 71.31 pounds, whichever is greater; provided that, a vehicle 71.32 transporting unfinished forest products in accordance with 71.33 paragraph (d)(3) shall not exceed its gross vehicle weight upon 71.34 which the license tax has been paid, or gross axle weight on any 71.35 axle, by more than five percent and, notwithstanding other law 71.36 to the contrary, is not subject to any fee, fine, or other 72.1 assessment or penalty for exceeding a gross vehicle or axle 72.2 weight by up to five percent. 72.3 (c) The gross weight of the motor vehicle, trailer, or 72.4 semitrailer for which the license tax is paid shall be indicated 72.5 by a distinctive character on the license plate or plates except 72.6 as provided in subdivision 12 and the plate or plates shall be 72.7 kept clean and clearly visible at all times. 72.8 (d) The owner, driver, or user of a motor vehicle, trailer, 72.9 or semitrailer, upon conviction for transporting a gross weight 72.10 in excess of the gross weight for which it was registered or for 72.11 operating a vehicle with an axle weight exceeding the maximum 72.12 lawful axle load weight, shall be guilty of a misdemeanor and be 72.13 subject to increased registration or reregistration according to 72.14 the following schedule: 72.15 (1) The owner, driver, or user of a motor vehicle, trailer, 72.16 or semitrailer, upon conviction for transporting a gross weight 72.17 in excess of the gross weight for which it is registered by more 72.18 thanfour percent or 1,000 pounds, whichever is greater,the 72.19 allowance set forth in paragraph (b) but less than 25 percent or 72.20 for operating or using a motor vehicle, trailer, or semitrailer 72.21 with an axle weight exceeding the maximum lawful axle load as 72.22 provided in section 169.825 by more thanfour percent or 1,00072.23pounds, whichever is greater,the allowance set forth in 72.24 paragraph (b) but less than 25 percent, in addition to any 72.25 penalty imposed for the misdemeanor shall apply to the registrar 72.26 to increase the authorized gross weight to be carried on the 72.27 vehicle to a weight equal to or greater than the gross weight 72.28 the owner, driver, or user was convicted of carrying, the 72.29 increase computed for the balance of the calendar year on the 72.30 basis of 1/12 of the annual tax for each month remaining in the 72.31 calendar year beginning with the first day of the month in which 72.32 the violation occurred. If the additional registration tax 72.33 computed upon that weight, plus the tax already paid, amounts to 72.34 more than the regular tax for the maximum gross weight permitted 72.35 for the vehicle under section 169.825, that additional amount 72.36 shall nevertheless be paid into the highway fund, but the 73.1 additional tax thus paid shall not permit the vehicle to be 73.2 operated with a gross weight in excess of the maximum legal 73.3 weight as provided by section 169.825. Unless the owner within 73.4 30 days after a conviction shall apply to increase the 73.5 authorized weight and pay the additional tax as provided in this 73.6 section, the registrar shall revoke the registration on the 73.7 vehicle and demand the return of the registration card and 73.8 plates issued on that registration. 73.9 (2) The owner or driver or user of a motor vehicle, 73.10 trailer, or semitrailer upon conviction for transporting a gross 73.11 weight in excess of the gross weight for which the motor 73.12 vehicle, trailer, or semitrailer was registered by 25 percent or 73.13 more, or for operating or using a vehicle or trailer with an 73.14 axle weight exceeding the maximum lawful axle load as provided 73.15 in section 169.825 by 25 percent or more, in addition to any 73.16 penalty imposed for the misdemeanor, shall have the reciprocity 73.17 privileges on the vehicle involved if the vehicle is being 73.18 operated under reciprocity canceled by the registrar, or if the 73.19 vehicle is not being operated under reciprocity, the certificate 73.20 of registration on the vehicle operated shall be canceled by the 73.21 registrar and the registrar shall demand the return of the 73.22 registration certificate and registration plates. The registrar 73.23 may not cancel the registration or reciprocity privileges for 73.24 any vehicle found in violation of seasonal load restrictions 73.25 imposed under section 169.87 unless the axle weight exceeds the 73.26 year-round weight limit for the highway on which the violation 73.27 occurred. The registrar may investigate any allegation of gross 73.28 weight violations and demand that the operator show cause why 73.29 all future operating privileges in the state should not be 73.30 revoked unless the additional tax assessed is paid. 73.31 (3) Clause (1) does not apply to the first haul of 73.32 unprocessed or raw farm products or unfinished forest products, 73.33 when the registered gross weight is not exceeded by more than 73.34 ten percent. For purposes of this clause, "first haul" means 73.35 (i) the first, continuous transportation of unprocessed or raw 73.36 farm products from the place of production or on-farm storage 74.1 site to any other location within 50 miles of the place of 74.2 production or on-farm storage site, or (ii) thefirst,74.3 continuous or noncontinuous transportation of unfinished forest 74.4 products from the place of production to the place offirst74.5unloadingfinal processing or manufacture located within 200 74.6 miles of the place of production. 74.7 (4) When the registration on a motor vehicle, trailer, or 74.8 semitrailer is revoked by the registrar according to provisions 74.9 of this section, the vehicle shall not be operated on the 74.10 highways of the state until it is registered or reregistered, as 74.11 the case may be, and new plates issued, and the registration fee 74.12 shall be the annual tax for the total gross weight of the 74.13 vehicle at the time of violation. The reregistration pursuant 74.14 to this subdivision of any vehicle operating under reciprocity 74.15 agreements pursuant to section 168.181 or 168.187 shall be at 74.16 the full annual registration fee without regard to the 74.17 percentage of vehicle miles traveled in this state. 74.18 Sec. 3. Minnesota Statutes 2000, section 169.771, 74.19 subdivision 2, is amended to read: 74.20 Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The 74.21 commissioner of public safety is directed to accelerate spot 74.22 check inspections for unsafe motor vehicles and motor vehicle 74.23 equipment. Such inspections shall be conducted by the personnel 74.24 of the state patrol who shall give the operator of a commercial 74.25 motor vehicle a signed and dated document as evidence of the 74.26 inspection. 74.27 (b) However, personnel of the state patrol may not conduct 74.28 another spot inspection of a commercial motor vehicle if (1) the 74.29 operator of the vehicle can show evidence of an inspection, 74.30 which is free of critical defects, conducted in Minnesota 74.31 according to this section or section 169.781 within the previous 74.32 90 days and (2) a state trooper does not have probable cause to 74.33 believe the vehicle or its equipment is unsafe or that the 74.34 operator has engaged in illegal activity. In addition, if the 74.35 operator shows the state trooper evidence that the commercial 74.36 motor vehicle has been inspected within the previous 90 days, 75.1 but the officer has probable cause to believe the vehicle or its 75.2 equipment is unsafe or to suspect illegal activity, then the 75.3 vehicle may be inspected to confirm the existence or absence of 75.4 an unsafe condition or of the suspected illegal activity. 75.5 Sec. 4. Minnesota Statutes 2000, section 169.771, 75.6 subdivision 3, is amended to read: 75.7 Subd. 3. [RULES.] The commissioner of public safety may 75.8 establish such reasonable rules as are necessary to carry out 75.9 the provisions of this section, but all spot check inspections 75.10 shall be held in compliance with subdivision 2 and in such a 75.11 manner that the motor vehicle operators, either private or 75.12 commercial, shall not be unnecessarily inconvenienced either by 75.13 extended detours, unnecessary delays, or any other unreasonable 75.14 cause. 75.15 Sec. 5. Minnesota Statutes 2000, section 169.85, 75.16 subdivision 1, is amended to read: 75.17 Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The 75.18 driver of a vehiclewhichthat has been lawfully stopped may be 75.19 required by an officer to submit the vehicle and load to a 75.20 weighing by means of portable or stationary scales, and. 75.21 (b) In addition, the officer may require that the vehicle 75.22 be driven to the nearest available scales, but only if: 75.23 (1) the distance to the scales is no further than five 75.24 miles, or if the distance from the point where the vehicle is 75.25 stopped to the vehicle's destination is not increased by more 75.26 than ten miles as a result of proceeding to the nearest 75.27 available scales; and 75.28 (2) if the vehicle is a commercial motor vehicle, no more 75.29 than two other commercial motor vehicles are waiting to be 75.30 inspected at the scale. 75.31 (c) Official traffic control devices as authorized by 75.32 section 169.06 may be used to direct the driver to the nearest 75.33 scale. 75.34 (d) When a truck weight enforcement operation is conducted 75.35 by means of portable or stationary scales and signs giving 75.36 notice of the operation are posted within the highway 76.1 right-of-way and adjacent to the roadway within two miles of the 76.2 operation, the driver of a truck or combination of vehicles 76.3 registered for or weighing in excess of 12,000 pounds shall 76.4 proceed to the scale site and submit the vehicle to weighing and 76.5 inspection. 76.6 Sec. 6. Minnesota Statutes 2000, section 169.85, 76.7 subdivision 2, is amended to read: 76.8 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 76.9 load, as provided in this section, an officer may require the 76.10 driver to stop the vehicle in a suitable place and remain 76.11 standing until a portion of the load is removed that is 76.12 sufficient to reduce the gross weight of the vehicle to the 76.13 limit permitted under either section 168.013, subdivision 3, 76.14 paragraph (b), or 169.825, whichever is the lesser violation, if 76.15 any. A suitable place is a location where loading or tampering 76.16 with the load is not prohibited by federal, state, or local law, 76.17 rule, or ordinance. 76.18 (b) Except as provided in paragraph (c), a driver may be 76.19 required to unload a vehicle only if the weighing officer 76.20 determines that(a)(1) on routes subject to the provisions of 76.21 section 169.825, the weight on an axle exceeds the lawful gross 76.22 weight prescribed by section 169.825, by 2,000 pounds or more, 76.23 or the weight on a group of two or more consecutive axles in 76.24 cases where the distance between the centers of the first and 76.25 last axles of the group under consideration is ten feet or less 76.26 exceeds the lawful gross weight prescribed by section 169.825, 76.27 by 4,000 pounds or more; or(b)(2) on routes designated by the 76.28 commissioner in section 169.832, subdivision 11, the overall 76.29 weight of the vehicle or the weight on an axle or group of 76.30 consecutive axles exceeds the maximum lawful gross weights 76.31 prescribed by section 169.825; or(c)(3) the weight is unlawful 76.32 on an axle or group of consecutive axles on a road restricted in 76.33 accordance with section 169.87. Material unloaded must be cared 76.34 for by the owner or driver of the vehicle at the risk of the 76.35 owner or driver. 76.36 (c) If the gross weight of the vehicle does not exceed the 77.1 vehicle's registered gross weight plus the weight allowance set 77.2 forth in section 168.013, subdivision 3, paragraph (b), then the 77.3 driver is not required to unload under paragraph (b). 77.4 Sec. 7. Minnesota Statutes 2000, section 169.851, 77.5 subdivision 3, is amended to read: 77.6 Subd. 3. [FIRST HAUL.] "First haul"means the first,77.7continuous transportation from the place of production or on77.8farm storage site to any other location within 50 miles of the77.9place of production or on farm storage sitehas the meaning 77.10 given it in section 168.013, subdivision 3, paragraph (d)(3). 77.11 Sec. 8. Minnesota Statutes 2000, section 169.86, 77.12 subdivision 5, is amended to read: 77.13 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 77.14 commissioner, with respect to highways under the commissioner's 77.15 jurisdiction, may charge a fee for each permit issued. All such 77.16 fees for permits issued by the commissioner of transportation 77.17 shall be deposited in the state treasury and credited to the 77.18 trunk highway fund. Except for those annual permits for which 77.19 the permit fees are specified elsewhere in this chapter, the 77.20 fees shall be: 77.21 (a) $15 for each single trip permit. 77.22 (b) $36 for each job permit. A job permit may be issued 77.23 for like loads carried on a specific route for a period not to 77.24 exceed two months. "Like loads" means loads of the same 77.25 product, weight, and dimension. 77.26 (c) $60 for an annual permit to be issued for a period not 77.27 to exceed 12 consecutive months. Annual permits may be issued 77.28 for: 77.29 (1) motor vehicles used to alleviate a temporary crisis 77.30 adversely affecting the safety or well-being of the public; 77.31 (2) motor vehicles which travel on interstate highways and 77.32 carry loads authorized under subdivision 1a; 77.33 (3) motor vehicles operating with gross weights authorized 77.34 under section 169.825, subdivision 11, paragraph (a), clause 77.35 (3); 77.36 (4) special pulpwood vehicles described in section 169.863; 78.1 and 78.2 (5) motor vehicles bearing snowplow blades not exceeding 78.3 ten feet in width. 78.4 (d) $120 for an oversize annual permit to be issued for a 78.5 period not to exceed 12 consecutive months. Annual permits may 78.6 be issued for: 78.7 (1) mobile cranes; 78.8 (2) construction equipment, machinery, and supplies; 78.9 (3) manufactured homes; 78.10 (4) implements of husbandry when the movement is not made 78.11 according to the provisions of paragraph (i); 78.12 (5) double-deck buses; 78.13 (6) commercial boat hauling. 78.14 (e) For vehicles which have axle weights exceeding the 78.15 weight limitations of section 169.825, an additional cost added 78.16 to the fees listed above. However, this paragraph applies to 78.17 any vehicle described in section 168.013, subdivision 3, 78.18 paragraph (b), but only when the vehicle exceeds its gross 78.19 weight allowance set forth in that paragraph, and then the 78.20 additional cost is for all weight, including the allowance 78.21 weight, in excess of the permitted maximum axle weight. The 78.22 additional cost is equal to the product of the distance traveled 78.23 times the sum of the overweight axle group cost factors shown in 78.24 the following chart: 78.25 Overweight Axle Group Cost Factors 78.26 Weight (pounds) Cost Per Mile For Each Group Of: 78.27 exceeding Two consec- Three consec- Four consec- 78.28 weight utive axles utive axles utive axles 78.29 limitations spaced within spaced within spaced within 78.30 on axles 8 feet or less 9 feet or less 14 feet or less 78.31 0-2,000 .12 .05 .04 78.32 2,001-4,000 .14 .06 .05 78.33 4,001-6,000 .18 .07 .06 78.34 6,001-8,000 .21 .09 .07 78.35 8,001-10,000 .26 .10 .08 78.36 10,001-12,000 .30 .12 .09 79.1 12,001-14,000 Not permitted .14 .11 79.2 14,001-16,000 Not permitted .17 .12 79.3 16,001-18,000 Not permitted .19 .15 79.4 18,001-20,000 Not permitted Not permitted .16 79.5 20,001-22,000 Not permitted Not permitted .20 79.6 The amounts added are rounded to the nearest cent for each axle 79.7 or axle group. The additional cost does not apply to paragraph 79.8 (c), clauses (1) and (3). 79.9 For a vehicle found to exceed the appropriate maximum permitted 79.10 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 79.11 a ton, over the permitted maximum weight is imposed in addition 79.12 to the normal permit fee. Miles must be calculated based on the 79.13 distance already traveled in the state plus the distance from 79.14 the point of detection to a transportation loading site or 79.15 unloading site within the state or to the point of exit from the 79.16 state. 79.17 (f) As an alternative to paragraph (e), an annual permit 79.18 may be issued for overweight, or oversize and overweight, 79.19 construction equipment, machinery, and supplies. The fees for 79.20 the permit are as follows: 79.21 Gross Weight (pounds) of Vehicle Annual Permit Fee 79.22 90,000 or less $200 79.23 90,001 - 100,000 $300 79.24 100,001 - 110,000 $400 79.25 110,001 - 120,000 $500 79.26 120,001 - 130,000 $600 79.27 130,001 - 140,000 $700 79.28 140,001 - 145,000 $800 79.29 If the gross weight of the vehicle is more than 145,000 pounds 79.30 the permit fee is determined under paragraph (e). 79.31 (g) For vehicles which exceed the width limitations set 79.32 forth in section 169.80 by more than 72 inches, an additional 79.33 cost equal to $120 added to the amount in paragraph (a) when the 79.34 permit is issued while seasonal load restrictions pursuant to 79.35 section 169.87 are in effect. 79.36 (h) $85 for an annual permit to be issued for a period not 80.1 to exceed 12 months, for refuse compactor vehicles that carry a 80.2 gross weight of not more than: 22,000 pounds on a single rear 80.3 axle; 38,000 pounds on a tandem rear axle; or, subject to 80.4 section 169.825, subdivision 14, 46,000 pounds on a tridem rear 80.5 axle. A permit issued for up to 46,000 pounds on a tridem rear 80.6 axle must limit the gross vehicle weight to not more than 62,000 80.7 pounds. 80.8 (i) For vehicles exclusively transporting implements of 80.9 husbandry, an annual permit fee of $24. A vehicle operated 80.10 under a permit authorized by this paragraph may be moved at the 80.11 discretion of the permit holder without prior route approval by 80.12 the commissioner if: 80.13 (1) the total width of the transporting vehicle, including 80.14 load, does not exceed 14 feet; 80.15 (2) the vehicle is operated only between sunrise and 30 80.16 minutes after sunset, and is not operated at any time after 80.17 12:00 noon on Sundays or holidays; 80.18 (3) the vehicle is not operated when visibility is impaired 80.19 by weather, fog, or other conditions that render persons and 80.20 other vehicles not clearly visible at 500 feet; 80.21 (4) the vehicle displays at the front and rear of the load 80.22 or vehicle a pair of flashing amber lights, as provided in 80.23 section 169.59, subdivision 4, whenever the overall width of the 80.24 vehicle exceeds 126 inches; and 80.25 (5) the vehicle is not operated on a trunk highway with a 80.26 surfaced roadway width of less than 24 feet unless such 80.27 operation is authorized by the permit. 80.28 A permit under this paragraph authorizes movements of the 80.29 permitted vehicle on an interstate highway, and movements of 75 80.30 miles or more on other highways. 80.31 Sec. 9. [NORTHERN ZONE LOAD RESTRICTION STUDY.] 80.32 The commissioner of transportation shall conduct a study of 80.33 load restrictions and seasonal load increases in the northern 80.34 zone of Minnesota and make recommendations regarding the 80.35 establishment of one or more new zones given the varying climate 80.36 in the northern area of the state. The commissioner shall 81.1 report findings back to the committees of the senate and house 81.2 of representatives with jurisdiction over transportation policy 81.3 by December 15, 2002. 81.4 Sec. 10. [EFFECTIVE DATE.] 81.5 Sections 1 to 9 are effective the day following final 81.6 enactment.