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Capital IconMinnesota Legislature

HF 3800

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; modifying or adding provisions relating to highways,
motor vehicles, traffic regulations, drivers' licenses and records, transit, railroads,
motor carriers, and other transportation-related programs or activities; imposing
penalties; requiring reports; making technical and clarifying corrections;
amending Minnesota Statutes 2006, sections 86B.825, subdivision 5; 123B.88,
subdivision 3; 161.081, subdivision 3, as amended, by adding subdivisions;
168.011, subdivision 7; 168.012, subdivision 1; 168.021, subdivisions 1, 2;
168.09, subdivision 7; 168.185; 168A.03, subdivision 1; 168A.05, subdivision
9; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding
subdivisions; 168B.08, subdivision 1; 168B.087, subdivision 1; 169.01,
subdivisions 55, 76, by adding subdivisions; 169.18, subdivisions 1, 5, by
adding a subdivision; 169.224; 169.67, subdivision 3; 169.781, subdivisions
1, 2, 5; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a;
169.85, subdivision 1; 169.86, by adding a subdivision; 169A.03, subdivision
23; 171.01, subdivisions 35, 46; 171.02, by adding a subdivision; 171.03;
171.055, subdivisions 1, 2; 171.0701; 171.12, subdivision 6; 171.13, by adding a
subdivision; 171.165, subdivision 2; 171.321, subdivision 1; 174.02, subdivision
2; 174.03, subdivision 1; 174.24, by adding a subdivision; 221.011, by adding
a subdivision; 221.031, subdivision 1; 221.036, subdivisions 1, 3; 221.121,
subdivisions 1, 6a; 221.151, subdivision 1; 299D.03, subdivision 1; 299D.06;
473.1465, by adding a subdivision; 473.388, subdivision 2; 473.399, by adding a
subdivision; Minnesota Statutes 2007 Supplement, sections 168.017, subdivision
3; 169.443, subdivision 9; 171.02, subdivision 2; Laws 2002, chapter 393,
section 85; Laws 2008, chapter 152, article 2, sections 1; 3, subdivision 2; article
3, sections 6; 8; article 6, section 7; proposing coding for new law in Minnesota
Statutes, chapters 123B; 169; 171; 174; 219; repealing Minnesota Statutes 2006,
sections 168B.087, subdivision 2; 169.145; 221.121, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2006, section 86B.825, subdivision 5, is amended to read:


Subd. 5.

No legal title without certificate.

A person acquiring a watercraftnew text begin,
required to have a certificate of title under this section,
new text end through a sale or gift does not
acquire a right, title, claim, or interest in the watercraft until the person has been issued
a certificate of title to the watercraft or has received a manufacturer's or importer's
certificate. A waiver or estoppel does not operate in favor of that person against another
person who has obtained possession of the certificate of title or manufacturer's or
importer's certificate for the watercraft for valuable consideration.

Sec. 2.

Minnesota Statutes 2006, section 123B.88, subdivision 3, is amended to read:


Subd. 3.

Transportation services contractsnew text begin; requirementsnew text end.

new text begin(a) new text endThe board may
contract for the furnishing of authorized transportation under section 123B.52, and may
purchase gasoline and furnish same to a contract carrier for use in the performance of a
contract with the school district for transportation of school children to and from school.

new text begin (b) An initiated transportation service contract shall include by contract language,
addendum, or supplementary information terms addressing:
new text end

new text begin (1) a summary of school bus driver training requirements, including the minimum
number of preservice training hours and the minimum number of in-service training hours;
new text end

new text begin (2) a driver recruitment and retention plan, including an explanation of:
new text end

new text begin (i) the actions the contractor has taken or will take to recruit qualified drivers for the
transportation services contract;
new text end

new text begin (ii) the process for screening applicants to be certain that they meet the school bus
driver requirements of federal law, of state law, and of the transportation service contract,
including federal and state-controlled substance and alcohol testing requirements;
new text end

new text begin (iii) the training that drivers receive prior to assignment to transportation service; and
new text end

new text begin (iv) the actions of the employer to retain qualified drivers to meet requirements of
the transportation services contract, including an explanation of wage rates and employee
benefits and policies on compensated absences such as paid vacations, holidays, and
sick leave;
new text end

new text begin (3) the reporting to the local school district of all school bus accidents;
new text end

new text begin (4) the reporting to the local school district of all school bus driver-reported traffic
convictions, based upon the requirement of commercial drivers to report traffic convictions
to their employer under Federal Motor Carrier Safety Administration regulation in Code
of Federal Regulations, title 49, section 383.31;
new text end

new text begin (5) the reporting within one week to the local school district the results of any
Minnesota State Patrol inspection of school buses being regularly utilized for the
transportation under the transportation contract;
new text end

new text begin (6) the school bus driver employee turnover ratio, defined as the total number of
school bus drivers employed during the most recent school year divided by the daily
average number of school bus drivers employed during the same regular school year,
within bus garage location or other reasonable basis. The turnover rate may exclude
those drivers whose employment is terminated or who are otherwise removed for cause
from service; and
new text end

new text begin (7) the date of hire of the employer's current employees identified by their job
classifications, which may include any relevant prior experience. Summer and other
regular school breaks should not be considered interruptions to employment.
new text end

new text begin (c) Notwithstanding section 123B.52, a school district may award a transportation
contract in the interest of student safety and cost-effectiveness.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

new text begin [123B.915] SCHOOL BUS DRIVERS.
new text end

new text begin Subdivision 1. new text end

new text begin Driver pay. new text end

new text begin School bus driver employees must be paid for the
actual time worked. If a route pay system or hourly estimation is used, school bus driver
employees must be scheduled and paid for actual time for required inspection of buses.
new text end

new text begin Subd. 2. new text end

new text begin Right to refuse. new text end

new text begin School bus drivers who document needed bus repairs
shall have the right to refuse to operate the bus immediately for a safety-related repair,
which meets the out-of-service definition of Minnesota Rules, part 7470.0600. In this
situation, the driver shall be provided an alternate bus, if available, and time to inspect it.
The driver shall not be penalized in any way for fees, fines, or consequences incurred by
the employer for delays or failure to provide the transportation service in a timely manner
in this situation. Nothing in this section may diminish the rights, pay, or benefits of drivers
covered by a collective bargaining agreement with an exclusive representative.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 4.

Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read:


Subd. 7.

Passenger automobile.

(a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126.

(c) "Passenger automobile" includes, but is not limited to:

(1) pickup trucks and vans, including those vans designed to carry passengers, with
a manufacturer's nominal rated carrying capacity of one ton; deleted text beginand
deleted text end

(2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91new text begin; and
new text end

new text begin (3) medium-speed electric vehicles, as defined in section 169.01, subdivision 94new text end.

Sec. 5.

Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:


Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) ambulances owned by ambulance services licensed under section 144E.10, the
general appearance of which is unmistakable; and

(6) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Vehicles owned by the federal government, municipal fire apparatuses including
fire-suppression support vehicles, police patrols, and ambulances, the general appearance
of which is unmistakable, are not required to register or display number plates.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections, must be registered and must display appropriate license
number plates, furnished by the registrar at cost. Original and renewal applications for
these license plates authorized for use in general police work and for use by the Department
of Corrections must be accompanied by a certification signed by the appropriate chief of
police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
the commissioner of corrections if issued to a Department of Corrections vehicle, or the
appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
The certification must be on a form prescribed by the commissioner and state that the
vehicle will be used exclusively for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

new text begin (g) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.
new text end

new text begin (h) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.
new text end

deleted text begin (g)deleted text endnew text begin (i)new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles
required to display tax-exempt number plates must have the name of the state department
or political subdivision, nonpublic high school operating a driver education program, deleted text beginordeleted text end
licensed commercial driving school,new text begin or other qualifying organization or entity,new text end plainly
displayed on both sides of the vehicledeleted text begin; except that each state hospital and institution for
persons who are mentally ill and developmentally disabled may have one vehicle without
the required identification on the sides of the vehicle, and county social service agencies
may have vehicles used for child and vulnerable adult protective services without the
required identification on the sides of the vehicle
deleted text end. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

Sec. 6.

Minnesota Statutes 2007 Supplement, section 168.017, subdivision 3, is
amended to read:


Subd. 3.

Exceptions.

(a) The registrar shall register all vehicles subject to
registration under the monthly series system for a period of 12 consecutive calendar
months, unless:

(1) the application is an original rather than renewal application; deleted text beginor
deleted text end

new text begin (2) the application is for quarterly registration under section 168.018; or
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end the applicant is a licensed motor vehicle lessor under section 168.27 and the
vehicle is leased or rented for periods of time of not more than 28 days
, in which case
the applicant may apply for initial or renewed registration of a vehicle for a period of
four or more months,new text begin withnew text end the month of expiration to be designated by the applicant at
the time of registration.

deleted text begin However,deleted text endnew text begin (b)new text end To qualify for deleted text beginthisdeleted text endnew text begin thenew text end exemptionnew text begin under paragraph (a), clause (3)new text end, the
applicant must (1) present the application to the registrar at St. Paul, or a designated
deputy registrar office, and (2) stamp in red, on the certificate of title, the phrase "The
expiration month of this vehicle is ....." with the blank filled in with the month of expiration
as if the vehicle is being registered for a period of 12 calendar months.

deleted text begin (b)deleted text endnew text begin (c)new text end In any instance except that of a licensed motor vehicle lessor, the registrar
shall not approve registering the vehicle subject to the application for a period of less
than three months, except when the registrar determines that to do otherwise will help to
equalize the registration and renewal work load of the department.

Sec. 7.

Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read:


Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered
under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated
capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle
is owned or primarily operated by a permanently physically disabled person or a custodial
parent or guardian of a permanently physically disabled minor, the owner may apply for
and secure from the commissioner (1) immediately, a temporary permit valid for 30 days
if the applicant is eligible for the disability plates issued under this section and (2) two
disability plates with attached emblems, one plate to be attached to the front, and one
to the rear of the motor vehicle.

(b) The commissioner shall not issue more than one set of plates to any owner of a
motor vehicle at the same time unless deleted text beginall motor vehicles have been specifically modified
for and are used exclusively by a permanently physically disabled person
deleted text endnew text begin the state council
on disability approves the issuance of a second set of plates to a motor vehicle owner
new text end.

(c) When the owner first applies for the disability plates, the owner must submit a
medical statement in a format approved by the commissioner under section 169.345, or
proof of physical disability provided for in that section.

(d) No medical statement or proof of disability is required when an owner of a motor
vehicle applies for plates for one or more motor vehicles that are specially modified for
and used exclusively by permanently physically disabled persons.

(e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit
valid for 30 days, if the applicant is eligible to receive the disability plates issued under
this section, and (ii) a set of disability plates for a motor vehicle if:

(1) the owner employs a permanently physically disabled person who would qualify
for disability plates under this section; and

(2) the owner furnishes the motor vehicle to the physically disabled person for the
exclusive use of that person in the course of employment.

Sec. 8.

Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read:


Subd. 2.

Plate design; furnished by commissioner.

The commissioner shall design
and furnish two disability plates with attached emblems to deleted text begineachdeleted text endnew text begin annew text end eligible owner. The
emblem must bear the internationally accepted wheelchair symbol, as designated in
section 16B.61, subdivision 5, approximately three inches square. The emblem must
be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
for disability plates shall pay the motor vehicle registration fee authorized by sections
168.013 and 168.09.

Sec. 9.

Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:


Subd. 7.

Display of temporary permitdeleted text begin; special platesdeleted text end.

(a) A vehicle that displays a
deleted text begin specialdeleted text endnew text begin Minnesotanew text end plate issued under deleted text beginsection 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
2d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129,
deleted text end new text beginchapter 168 new text endmay display a
temporary permit in conjunction with expired registration if:

(1) the current registration tax and all other fees new text beginand taxes new text endhave been paid in full; and

(2) the plate deleted text beginrequires replacement under section 168.12, subdivision 1, paragraph
(d), clause (3)
deleted text endnew text begin has been applied fornew text end.

(b) A vehicle deleted text beginthat is registered under section 168.10deleted text end may display a temporary permit
in conjunction with expired registration, with or without a registration plate, if:

(1) the plates have been applied for deleted text beginanddeleted text endnew text begin;
new text end

new text begin (2)new text end the registration tax deleted text beginhasdeleted text endnew text begin and other fees and taxes havenew text end been paid in fulldeleted text begin, as
provided for in section 168.10
deleted text end; and

deleted text begin (2)deleted text end new text begin(3) either new text endthe vehicle is used solely as a collector vehicle while displaying the
temporary permit and not used for general transportation purposesnew text begin or the vehicle was
issued a 21-day permit under section 168.092, subdivision 1
new text end.

(c) The permit is valid for a period of 60 days. The permit must be in a format
prescribed by the commissioner and whenever practicable must be posted upon the
driver's side of the rear window on the inside of the vehicle. The permit is valid only
for the vehicle for which it was issued to allow a reasonable time for the new plates to
be manufactured and delivered to the applicant. new text begin The permit may be only issued by the
commissioner or by a deputy registrar under section 168.33.
new text end

Sec. 10.

Minnesota Statutes 2006, section 168.185, is amended to read:


168.185 USDOT NUMBERS.

(a) new text beginExcept as provided in paragraph (d), new text endan owner of a truck or truck-tractor having a
gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision
46
, deleted text beginother than a farm truck that is not used in interstate commerce,deleted text end shall report to the
deleted text begin registrardeleted text endnew text begin commissionernew text end at the time of registration its USDOT carrier number. A person
subject to this paragraph who does not have a USDOT number shall apply for the number
at the time of registration by completing a form MCS-150 Motor Carrier Identification
Report, issued by the Federal Motor Carrier Safety Administration, or comparable
document as determined by the deleted text beginregistrardeleted text endnew text begin commissionernew text end. The deleted text beginregistrardeleted text endnew text begin commissionernew text end shall
not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.

(b) Assigned USDOT numbers need not be displayed on the outside of the
vehicle, but must be made available upon request of an authorized agent of the deleted text beginregistrardeleted text endnew text begin
commissioner
new text end, peace officer, other employees of the State Patrol authorized in chapter
299D, or employees of the Minnesota Department of Transportation. The vehicle owner
shall notify the deleted text beginregistrardeleted text endnew text begin commissionernew text end if there is a change to the owner's USDOT number.

(c) If an owner fails to report or apply for a USDOT number, the deleted text beginregistrardeleted text endnew text begin
commissioner
new text end shall suspend the owner's registration.

(d) deleted text beginUntil October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer
or agricultural chemicals to a farmer for on-farm use.
deleted text endnew text begin This section does not apply to
(1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used
in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used
solely in the transaction of official business by the federal government, the state, or any
political subdivision.
new text end

Sec. 11.

Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:


Subdivision 1.

No certificate issued.

The registrar shall not issue a certificate of
title for:

(1) a vehicle owned by the United States;

(2) a vehicle owned by a nonresident and not required by law to be registered in
this state;

(3) a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective certificate of title
has been issued in another state;

(4) a vehicle moved solely by animal power;

(5) an implement of husbandry;

(6) special mobile equipment;

(7) a self-propelled wheelchair or invalid tricycle;

(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
holds an interest in the trailer or a certificate of title was previously issued by this state or
any other state or (ii) designed primarily for agricultural purposes except a recreational
vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;

(9) a snowmobiledeleted text begin.deleted text endnew text begin; and
new text end

new text begin (10) a spotter truck, as defined in section 169.01, subdivision 7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires June 30, 2013.
new text end

Sec. 12.

Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read:


Subd. 9.

Neighborhood electric vehiclenew text begin and medium-speed electric vehiclesnew text end;
certificate required.

Neighborhood electric vehiclesnew text begin and medium-speed electric vehiclesnew text end,
as defined in section 169.01, deleted text beginsubdivisiondeleted text end new text beginsubdivisions new text end91new text begin and 94new text end, must be titled as
specified in section 168A.02. The department shall not issue a title for a neighborhood
electric vehiclenew text begin or a medium-speed electric vehiclenew text end (1) that lacks a vehicle identification
number, and (2) for which a manufacturer's certificate of origin clearly labeling the
vehicle as a neighborhood electric vehicle or similar designation has not been issued. The
department shall not issue a vehicle identification number to a homemade neighborhood
electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as
neighborhood electric vehicles.

Sec. 13.

Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:


Subd. 2.

Sale after 45 daysnew text begin or title transfernew text end.

deleted text beginAndeleted text end new text begin(a) If an unauthorized vehicle is
impounded, other than by the city of Minneapolis or the city of St. Paul, the
new text endimpounded
vehicle is eligible for disposal or sale under section 168B.08, new text beginthe earlier of:
new text end

new text begin (1) new text end45 days after notice to the ownerdeleted text begin, if the vehicle is determined to be an
unauthorized vehicle that was not impounded by the city of Minneapolis or the city of
St. Paul
deleted text endnew text begin; or
new text end

new text begin (2) the date of a voluntary written title transfer by the registered owner to the
impound lot operator
new text end.

new text begin (b) A voluntary written title transfer constitutes a waiver by the registered owner of
any right, title, and interest in the vehicle.
new text end

Sec. 14.

Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginContents;deleted text end new text beginWritten new text endnotice deleted text begingiven within five daysdeleted text endnew text begin of impoundnew text end.

new text begin(a)
new text endWhen an impounded vehicle is taken into custody, the unit of government or impound lot
operator taking it into custody shall give new text beginwritten new text endnotice of the taking within five daysnew text begin to
the registered vehicle owner and any lienholders
new text end.

new text begin (b) new text endThe notice deleted text beginshalldeleted text endnew text begin must:
new text end

(1) set forth the date and place of the takingdeleted text begin,deleted text endnew text begin;
new text end

new text begin (2) provide new text endthe year, make, modelnew text begin,new text end and serial number of the impounded motor
vehiclenew text begin,new text end if such information can be reasonably obtainednew text begin,new text end and the place where the vehicle
is being helddeleted text begin,deleted text endnew text begin;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end inform the owner and any lienholders of their right to reclaim the vehicle
under section 168B.07deleted text begin, anddeleted text endnew text begin;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end state that failure of the owner or lienholders tonew text begin:
new text end

new text begin (i) new text end exercise their right to reclaim the vehicle deleted text beginand contentsdeleted text end within the appropriate time
allowed under section 168B.051, subdivision 1, 1a, or 2, deleted text beginshall be deemeddeleted text end new text beginand under the
conditions set forth in section 168B.07, subdivision 1, constitutes
new text enda waiver by them of all
right, title, and interest in the vehicle deleted text beginand contentsdeleted text end and a consent to the transfer of title to
and disposal or sale of the vehicle deleted text beginand contentsdeleted text end pursuant to section 168B.08new text begin; or
new text end

new text begin (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
time allowed and under the conditions set forth in section 168B.07, subdivision 3,
constitutes a waiver by them of all right, title, and interest in the contents and consent to
sell or dispose of the contents under section 168B.08; and
new text end

new text begin (5) new text endnew text beginstate that a vehicle owner who provides to the impound lot operator
documentation from a government or nonprofit agency or legal aid office that the owner
is homeless, receives relief based on need, is eligible for legal aid services, or has a
household income at or below 50 percent of state median income has the unencumbered
right to retrieve any and all contents without charge
new text end.

Sec. 15.

Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:


Subd. 3.

Unauthorized vehicle; new text beginsecond new text endnotice.

If an unauthorized vehicle remains
unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
notice deleted text beginshalldeleted text end new text beginmust new text endbe sent by certified mail, return receipt requested, to the registered owner,
if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

Sec. 16.

Minnesota Statutes 2006, section 168B.07, is amended by adding a
subdivision to read:


new text begin Subd. 3. new text end

new text begin Retrieval of contents. new text end

new text begin (a) For purposes of this subdivision:
new text end

new text begin (1) "contents" does not include any permanently affixed mechanical or
nonmechanical automobile parts; automobile body parts; or automobile accessories,
including audio or video players; and
new text end

new text begin (2) "relief based on need" includes, but is not limited to, receipt of MFIP and
Diversionary Work Program, medical assistance, general assistance, general assistance
medical care, emergency general assistance, Minnesota supplemental aid (MSA),
MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota
working family tax credit.
new text end

new text begin (b) A unit of government or impound lot operator shall establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
new text end

new text begin (c) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner who provides documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless, receives relief
based on need, is eligible for legal aid services, or has a household income at or below 50
percent of state median income has the unencumbered right to retrieve any and all contents
without charge and regardless of whether the registered owner pays incurred charges or
fees, transfers title, or reclaims the vehicle.
new text end

new text begin (d) At any time before the expiration of the waiting periods provided in section
168B.051, a registered owner other than a registered owner described in paragraph (c)
has the unencumbered right to retrieve the following contents: medicine; medical-related
items and equipment; clothing; eyeglasses; educational materials; and legal documents,
including, but not limited to, a driver's license, identification, passports, insurance
documents, any other documents related to a pending or concluded judicial or
administrative proceeding, tax returns, and documents indicating receipt of or eligibility
for public benefit programs. This provision does not prohibit the return of other contents
at the discretion of the impound lot operator.
new text end

new text begin (e) An impound lot operator is not required to return any contents to a person who is
not the registered owner of the impounded vehicle, other than legal documents. Legal
documents include, but are not limited to, driver's license, identification, passports,
insurance documents, any other documents related to a pending or concluded judicial or
administrative proceeding, and tax returns. An impound lot operator is not required to
return any contents to a person who is not the registered owner after the expiration of
the waiting periods provided in section 168B.051, or if the registered owner voluntarily
transfers title to the impound lot operator under section 168B.051, subdivision 2.
new text end

Sec. 17.

Minnesota Statutes 2006, section 168B.07, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Waiver of rights. new text end

new text begin The failure of the registered owner or lienholders to
exercise the right to reclaim the vehicle before the expiration of the waiting periods
provided under section 168B.051 constitutes a waiver of all right, title, and interest in
the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle
under section 168B.08. The failure of the registered owner to exercise the right provided
under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and
a consent to the transfer of title to, and disposal or sale of, the contents under section
168B.08.
new text end

Sec. 18.

Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:


Subdivision 1.

Auction or sale.

(a) If an abandoned or unauthorized vehicle deleted text beginand
contents
deleted text end taken into custody by a unit of government or any impound lot is not reclaimed
under section 168B.07, new text beginsubdivision 1, new text endit may be disposed of or sold at auction or sale when
eligible pursuant to sections 168B.06 and 168B.07. new text beginIf the contents of an abandoned or
unauthorized vehicle taken into custody by a unit of government or any impound lot is not
reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction
or sale when eligible pursuant to sections 168B.06 and 168B.07.
new text end

(b) The purchaser shall be given a receipt in a form prescribed by the registrar of
motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall
also entitle the purchaser to register the vehicle and receive a certificate of title, free and
clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate
of title it must receive a motor vehicle safety check.

Sec. 19.

Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:


Subdivision 1.

Deficiency claim.

(a) The deleted text beginnonpublicdeleted text end impound lot operator has a
deficiency claim against the registered owner of the vehicle for the reasonable costs of
services provided in the towing, storage, and inspection of the vehicle minus the proceeds
of the sale or auctionnew text begin, except as provided in paragraph (c)new text end.

(b) The claim for storage costs may not exceed the costs of:

(1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; deleted text beginand
deleted text end

(2) new text begin15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and
new text end

new text begin (3) new text end55 days storage, for a vehicle described in section 168B.051, subdivision 2.

new text begin (c) A public impound lot operator is prohibited from:
new text end

new text begin (1) filing a deficiency claim against a registered owner whom the operator knows:
new text end

new text begin (i) is homeless;
new text end

new text begin (ii) receives relief based on need, as defined in section 168B.07; or
new text end

new text begin (iii) has a household income at or below 50 percent of state median income; or
new text end

new text begin (2) recovering a deficiency from a registered owner who demonstrates that the
owner, at the time the deficiency claim was filed:
new text end

new text begin (i) was homeless;
new text end

new text begin (ii) received relief based on need, as defined in section 168B.07; or
new text end

new text begin (iii) had a household income at or below 50 percent of state median income.
new text end

Sec. 20.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:


new text begin Subd. 7a. new text end

new text begin Spotter truck. new text end

new text begin "Spotter truck" means a truck-tractor with a manufacturer's
certificate of origin "not for on road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight shipping operation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires June 30, 2013.
new text end

Sec. 21.

Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:


Subd. 55.

Implement of husbandry.

"Implement of husbandry" deleted text beginhas the meaning
given in section 168A.01, subdivision 8
deleted text endnew text begin means a self-propelled or towed vehicle designed
or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or
livestock-raising operations
new text end.

Sec. 22.

Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:


Subd. 76.

Hazardous materials.

"Hazardous materials" means deleted text beginthose materials
found to be hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle
deleted text endnew text begin any material that has been designated as hazardous
under United States Code, title 49, section 5103, and is required
new text end to be placarded under
Code of Federal Regulations, title 49, deleted text beginparts 100-185deleted text endnew text begin part 172, subpart F, or any quantity of
a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73
new text end.

Sec. 23.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:


new text begin Subd. 93. new text end

new text begin Wireless communications device. new text end

new text begin "Wireless communications device"
means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving
and transmitting data, including but not limited to text messages and e-mail, without an
access line for service. A wireless communications device does not include a device that
is permanently affixed to the vehicle, or a global positioning system or navigation system.
new text end

Sec. 24.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:


new text begin Subd. 94. new text end

new text begin Medium-speed electric vehicle. new text end

new text begin "Medium-speed electric vehicle"
means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or
crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved
level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40
inches or greater and a wheel diameter of ten inches or greater, and except with respect to
maximum speed otherwise meets or exceeds regulations in Code of Federal Regulations,
title 49, section 571.500, and successor requirements.
new text end

Sec. 25.

Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:


Subdivision 1.

Keep to the right.

Upon all roadways of sufficient width a vehicle
shall be driven upon the right half of the roadway, except as follows:

(1) when overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;

(2) when the right half of a roadway is closed to traffic while under construction
or repair;

(3) upon a roadway divided into three marked lanes for traffic under the rules
applicable thereon;

(4) upon a roadway designated and signposted for one-way traffic as a one-way
roadway; deleted text beginor
deleted text end

(5) as necessary to comply with subdivision 11 when approaching an authorized
emergency vehicle parked or stopped on the roadwaydeleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) as necessary to comply with subdivision 12 when approaching a road
maintenance or construction vehicle parked or stopped on the roadway.
new text end

Sec. 26.

Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:


Subd. 5.

Driving left of roadway center; exception.

(a) No vehicle shall be driven
to the left side of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
be completely made without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right-hand side of the roadway before coming within 100 feet
of any vehicle approaching from the opposite direction.

(b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
in overtaking and passing another vehicle or at any other time, be driven to the left half of
the roadway under the following conditions:

(1) when approaching the crest of a grade or upon a curve in the highway where the
driver's view along the highway is obstructed within a distance of 700 feet;

(2) when approaching within 100 feet of any underpass or tunnel, railroad grade
crossing, intersection within a city, or intersection outside of a city if the presence of the
intersection is marked by warning signs; or

(3) where official signs are in place prohibiting passing, or a distinctive centerline
is marked, which distinctive line also so prohibits passing, as declared in the Manual on
Uniform Traffic Control Devices adopted by the commissioner.

deleted text begin (c) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying
vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2)
does not extend into the left half of the roadway to any greater extent than made necessary
by the total width of the right half of the roadway together with any adjacent shoulder
that is suitable for travel.
deleted text end

deleted text begin (d) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that is operated to the left half of the roadway if such operation is not to a
greater extent than is necessary to avoid collision with a parked vehicle, sign, or other
stationary object located on the highway right-of-way.
deleted text end

Sec. 27.

Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Passing certain parked vehicles; citation; probable cause. new text end

new text begin (a) When
approaching and before passing a freeway service patrol, road maintenance, or construction
vehicle with its warning lights activated that is parked or otherwise stopped on or next to
a street or highway having two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle to the lane farthest away from the vehicle, if it is possible to do so.
new text end

new text begin (b) When approaching and before passing a freeway service patrol, road
maintenance, or construction vehicle with its warning lights activated that is parked or
otherwise stopped on or next to a street or highway having more than two lanes in the
same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full
lane vacant between the driver and any lane in which the vehicle is completely or partially
parked or otherwise stopped, if it is possible to do so.
new text end

new text begin (c) A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident.
new text end

Sec. 28.

Minnesota Statutes 2006, section 169.224, is amended to read:


169.224 NEIGHBORHOOD new text beginAND MEDIUM-SPEED new text endELECTRIC VEHICLES.

Subdivision 1.

Definition.

For purposes of this section, "road authority" means the
commissioner, as to trunk highways; the county board, as to county state-aid highways
and county highways; the town board, as to town roads; and the governing body of
a city, as to city streets.

Subd. 2.

Required equipment.

Notwithstanding any other law, a neighborhood
electric vehicle new text beginor a medium-speed electric vehicle new text endmay be operated on public streets and
highways if it meets all equipment and vehicle safety requirements in Code of Federal
Regulations, title 49, section 571.500, and successor requirements.

Subd. 3.

Operation.

A neighborhood electric vehicle new text beginor a medium-speed electric
vehicle
new text endmay not be operated on a street or highway with a speed limit greater than 35 miles
per hour, except to make a direct crossing of that street or highway.

Subd. 4.

Restrictions and prohibitions.

(a) A road authority, including the
commissioner of transportation by order, may prohibit or further restrict the operation
of neighborhood electric vehicles new text beginand medium-speed electric vehicles new text endon any street or
highway under the road authority's jurisdiction.

(b) new text beginNeither new text enda neighborhood electric vehicle new text beginnor a medium-speed electric vehicle new text endmay
deleted text begin notdeleted text end be used to take any examination to demonstrate ability to exercise control in the
operation of a motor vehicle as required under section 171.13.

Sec. 29.

new text begin [169.228] SPOTTER TRUCKS.
new text end

new text begin Notwithstanding any other law, a spotter truck may be operated on public streets
and highways if:
new text end

new text begin (1) the operator has a valid class A, B, or C driver's license;
new text end

new text begin (2) the vehicle complies with the size, weight, and load restrictions under this
chapter;
new text end

new text begin (3) the vehicle meets all inspection requirements under section 169.781; and
new text end

new text begin (4) the vehicle is operated (i) within a zone of two air miles from the truck freight
operation or freight shipping operation where the vehicle is housed, or (ii) directly to and
from a repair shop, service station, or fueling station for the purpose of repair, servicing,
or refueling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires June 30, 2013.
new text end

Sec. 30.

Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is
amended to read:


Subd. 9.

Personal cellular phone call prohibition.

new text begin (a) As used in this subdivision,
"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
includes type III school buses as described in section 169.01, subdivision 6, clause (5),
when driven by employees or agents of school districts for transportation.
new text end

new text begin (b) new text endA school bus driver may not operate a school bus while communicating over, or
otherwise operating, a cellular phone for personal reasons, whether hand-held or hands
free, when the vehicle is in motion.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 31.

new text begin [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "electronic message"
means a self-contained piece of digital communication that is designed or intended to
be transmitted between physical devices. An electronic message includes, but is not
limited to, e-mail, a text message, an instant message, a command or request to access
a World Wide Web page, or other data that uses a commonly recognized electronic
communications protocol. An electronic message does not include voice or other data
transmitted as a result of making a phone call, or data transmitted automatically by a
wireless communications device without direct initiation by a person.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on use. new text end

new text begin No person may operate a motor vehicle while using a
wireless communications device to compose, read, or send an electronic message, when
the vehicle is in motion or a part of traffic.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply if a wireless communications
device is used:
new text end

new text begin (1) solely in a voice-activated or other hands-free mode;
new text end

new text begin (2) for making a cellular phone call;
new text end

new text begin (3) for obtaining emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
new text end

new text begin (4) in the reasonable belief that a person's life or safety is in immediate danger; or
new text end

new text begin (5) in an authorized emergency vehicle while in the performance of official duties.
new text end

Sec. 32.

Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:


Subd. 3.

Trailer, semitrailer.

(a) No trailer or semitrailer with a grossnew text begin vehiclenew text end
weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the
towing vehicle, may be drawn on a highway unless it is equipped with brakes that are
adequate to control the movement of and to stop and hold the trailer or semitrailer. A
surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes
adequate to stop and hold the trailer or semitrailer.

(b) No trailer or semitrailer deleted text beginthat is required to have brakes and that hasdeleted text endnew text begin withnew text end a gross
new text begin vehicle new text endweight of more than deleted text begin6,000deleted text endnew text begin 3,000new text end pounds may be drawn on a highway unless it is
equipped with brakes that are so constructed that they are adequate to stop and hold the
trailer or semitrailer whenever it becomes detached from the towing vehicle.

(c) Except as provided in paragraph (d), paragraph (a) does not apply to:

(1) deleted text begina trailer used by a farmer while transporting farm products produced on the user's
farm, or supplies back to the farm of the trailer's user;
deleted text end

deleted text begin (2)deleted text end a towed custom service vehicle drawn by a motor vehicle that is equipped with
brakes that meet the standards of subdivision 5, provided that such a towed custom service
vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;

deleted text begin (3) a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;
deleted text end

deleted text begin (4)deleted text endnew text begin (2)new text end a motor vehicle drawn by another motor vehicle that is equipped with brakes
that meet the standards of subdivision 5;new text begin and
new text end

deleted text begin (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
fertilizer under pressure;
deleted text end

deleted text begin (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and
deleted text end

deleted text begin (7)deleted text endnew text begin (3)new text end a disabled vehicle while being towed to a place of repair.

(d) Vehicles described in paragraph (c), deleted text beginclauses (1), (3), and (4)deleted text endnew text begin clause (2)new text end, may be
operated without complying with paragraph (a) only if the trailer or semitrailer does
not exceed the following gross weights:

(1) 3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

(2) 12,000 pounds while being drawn by any other motor vehicle deleted text beginexcept a
self-propelled implement of husbandry
deleted text end.

Sec. 33.

Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For purposes of sections 169.781 to 169.783:

(a) "Commercial motor vehicle" means:

(1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); deleted text beginanddeleted text end

(2) each vehicle in a combination of more than 26,000 poundsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) a spotter truck.
new text end

"Commercial motor vehicle" does not include deleted text begin(1)deleted text end a school bus or Head Start bus
displaying a certificate under section 169.451, deleted text begin(2)deleted text end a bus operated by the Metropolitan
Council or by a local transit commission created in chapter 458A, or deleted text begin(3)deleted text end a motor vehicle
deleted text begin that isdeleted text end required to be placarded under Code of Federal Regulations, title 49, parts 100-185.

(b) "Commissioner" means the commissioner of public safety.

(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.

(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
property at a location not on a street or highway, (2) does not contain any load when
moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
on each side of the semitrailer "storage only" in letters at least six inches high.

(e) "Building mover vehicle" means a vehicle owned or leased by a building mover
as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
moving buildings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires June 30, 2013.
new text end

Sec. 34.

Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:


Subd. 2.

Inspection required.

It is unlawful for a person to operate or permit
the operation of:

(1) a commercial motor vehicle registered in Minnesotanew text begin or a spotter trucknew text end; or

(2) special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle chassis,

unless the vehicle displays a valid safety inspection decal issued by an inspector certified
by the commissioner, or the vehicle carries (1) proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in interstate commerce, and
(2) a certificate of compliance with federal requirements issued by the commissioner
under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 35.

Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:


Subd. 5.

Inspection decalnew text begin; violation, penaltynew text end.

(a) A person inspecting a
commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected
component of the vehicle complies with federal motor carrier safety regulations. The decal
must state that in the month specified on the decal the vehicle was inspected and each
inspected component complied with federal motor carrier safety regulations. The decal is
valid for 12 months after the month specified on the decal. The commissioners of public
safety and transportation shall make decals available, at a fee of not more than $2 for each
decal, to persons certified to perform inspections under subdivision 3, paragraph (b).

(b) Minnesota inspection decals may be affixed only to:

(1) commercial motor vehicles bearing Minnesota-based license plates; or

(2) special mobile equipment, within the meaning of subdivision 2, clause (2).

(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
unless the vehicle has one or more defects that would result in the vehicle being declared
out of service under the North American Uniform Driver, Vehicle, and Hazardous
Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
must clearly indicate that it is valid for two years from the date of issuance.

(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
and (3) was manufactured before 1979 that has a dual transmission system, is not required
to comply with a requirement in an inspection standard that requires that the service brake
system and parking brake system be separate systems in the motor vehicle.

new text begin (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or
forges a decal or other writing or thing purporting to be a Minnesota inspection decal
described in this subdivision is guilty of a felony. A person who, with the intent to defraud,
possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection
decal described in this subdivision is guilty of a gross misdemeanor.
new text end

Sec. 36.

Minnesota Statutes 2006, section 169.79, is amended to read:


169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.

Subdivision 1.

Registration required.

No person shall operate, drive, or park a
motor vehicle on any highway unless the vehicle is registered in accordance with the laws
of this state and has the number plates or permit confirming that valid registration or
operating authority has been obtained, except as provided in sections 168.10 and 168.12,
subdivision 2f
, as assigned to it by the commissioner of public safety, conspicuously
displayed thereon in a manner that the view of any plate or permit is not obstructed. A
plate issued under section 168.27 or a permit issued under chapter 168 may be displayed
on a vehicle in conjunction with expired registration whether or not it displays the license
plate to which the last registration was issued.

Subd. 2.

Semitrailer.

If the vehicle is a semitrailer, the number plate displayed must
be assigned to the registered owner and correlate to the deleted text begincertificate of title deleted text enddocumentation
on file with the departmentdeleted text begin and shall not display a year indicatordeleted text end.

Subd. 3.

Rear display of single plate.

If the vehicle is a motorcycle, motor scooter,
motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds
gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one
license plate must be displayed new text beginhorizontally with the identifying numbers and letters
facing outward from the vehicle and must be mounted in the upright position
new text endon the
rear of the vehicle.

Subd. 3a.

Small trailer.

If the vehicle is a trailer with 3,000 pounds or less GVW
with lifetime registration, the numbered plate or sticker must be adhered to the side of the
trailer frame tongue near the hitch.

Subd. 4.

Collector's vehicle.

If the vehicle is (1) a collector's vehicle with a pioneer,
classic car, collector, or street rod license; (2) a vehicle that meets the requirements
of a pioneer, classic, or street rod vehicle except that the vehicle is used for general
transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered
under section 168.10, subdivision 1c, and is used for general transportation purposes, new text beginthen
new text endone plate must be displayed on the rear of the vehicle, or one plate on the front and one
on the rear, at the discretion of the owner.

Subd. 5.

Truck-tractor, road-tractor, or farm truck.

If the vehicle is a
truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but
excluding from that definition semitrailers and trailers, new text beginthen new text endone plate must be displayed
on the front of the vehicle.

Subd. 6.

Other motor vehicles.

If the motor vehicle is any kind of motor vehicle
other than those provided for in subdivisions 2 to 4, one plate must be displayed on the
front and one on the rear of the vehicle.

Subd. 7.

Plate fastened and visible.

All plates must be new text begin(1) new text endsecurely fastened so as
to prevent them from swingingnew text begin, (2) displayed horizontally with the identifying numbers
and letters facing outward from the vehicle, and (3) mounted in the upright position
new text end. The
person driving the motor vehicle shall keep the plate legible and unobstructed and free
from grease, dust, or other blurring material so that the lettering is plainly visible at all
times. It is unlawful to cover any assigned letters and numbers or the name of the state
of origin of a license plate with any material whatever, including any clear or colorless
material that affects the plate's visibility or reflectivity.

Subd. 8.

Plate registration stickers.

new text begin As viewed facing the plates:
new text end

new text begin (a) new text endLicense plates issued to vehicles registered under section 168.017 must display
the month of expiration in the lower left corner deleted text beginas viewed facing thedeleted text endnew text begin of eachnew text end plate and the
year of expiration in the lower right corner deleted text beginas viewed facing thedeleted text end new text beginof each new text endplate.

new text begin (b) new text endLicense plates issued to vehicles registered under section 168.127 must display
either fleet registration validation stickers in the lower right corner deleted text beginas viewed facing the
plates
deleted text endnew text begin of each platenew text end or distinctive license plates, issued by the registrar, with "FLEET
REG" displayed on the bottom center portion of deleted text beginthedeleted text end new text begineach new text endplate.

new text begin (c) new text end new text begin License plates issued after July 1, 2008, requiring validation must display the
month of expiration in the lower left corner of each plate and the year of expiration in the
lower right corner of the plate.
new text end

new text begin Subd. 9. new text end

new text begin Tax-exempt vehicle marking. new text end

new text begin Vehicles displaying tax-exempt plates
issued under section 16B.581 or 168.012 must have vehicle markings that comply with
section 168.012, subdivision 1.
new text end

Sec. 37.

Minnesota Statutes 2006, section 169.801, is amended to read:


169.801 IMPLEMENT OF HUSBANDRY.

Subdivision 1.

Exemption from size, weight, load provisions.

Except as provided
in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern
size, weight, and load do not apply todeleted text begin:deleted text end

deleted text begin (1) a horse-drawn wagon while carrying a load of loose straw or hay;
deleted text end

deleted text begin (2) a specialized vehicle resembling a low-slung trailer having a short bed or
platform, while transporting one or more implements of husbandry; or
deleted text end

deleted text begin (3)deleted text end an implement of husbandry deleted text beginwhile being driven or towed at a speed of not
more than 30 miles per hour; provided that this exemption applies to an implement of
husbandry owned, leased, or under the control of a farmer or implement dealer only
while the implement of husbandry is being operated on noninterstate roads or highways
within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated
by the farmer or implement dealer and (ii) on which the farmer or implement dealer
regularly uses or sells or leases the implement of husbandry
deleted text endnew text begin while operated in compliance
with this section
new text end.

Subd. 2.

Weight deleted text beginper inch of tire widthdeleted text endnew text begin restrictionsnew text end.

new text begin(a) new text endAn implement of
husbandry that is not self-propelled and is equipped with pneumatic tires may not be
operated on a public highway with a maximum wheel load that exceeds deleted text begin600 pounds
per inch of tire width before August 1, 1996, and
deleted text end 500 pounds per inch of tire width deleted text beginon
and after August 1, 1996
deleted text end.

new text begin (b) After December 31, 2009, a person operating or towing an implement of
husbandry on a bridge must comply with the gross weight limitations provided in section
169.824.
new text end

Subd. 3.

Hitches.

A towed implement of husbandry must be equipped with (1)
safety chains that meet the requirements of section 169.82, subdivision 3, paragraph
(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of
public safety; or (3) a hitch pin or other hitching device with a retainer that prevents
accidental unhitching.

new text begin Subd. 4. new text end

new text begin Bridge posting. new text end

new text begin Despite subdivision 2, a person operating or towing
an implement of husbandry must comply with a sign that limits the maximum weight
allowed on a bridge.
new text end

new text begin Subd. 5. new text end

new text begin Height and width. new text end

new text begin A person operating, towing, or transporting an
implement of husbandry that is higher than 13 feet six inches or wider than allowed under
section 169.80, subdivision 2, must ensure that the operation or transportation does not
damage a highway structure, utility line or structure, or other fixture adjacent to or over
a public highway.
new text end

new text begin Subd. 6. new text end

new text begin Speed. new text end

new text begin No person may operate or tow an implement of husbandry at
a speed of more than 30 miles per hour.
new text end

new text begin Subd. 7. new text end

new text begin Driving rules. new text end

new text begin (a) An implement of husbandry may not be operated or
towed on an interstate highway.
new text end

new text begin (b) An implement of husbandry may be operated or towed to the left of the center
of a roadway only if it is escorted at the front by a vehicle displaying hazard warning
lights visible in normal sunlight and the operation does not extend into the left half of the
roadway more than is necessary.
new text end

new text begin Subd. 8. new text end

new text begin Lights. new text end

new text begin An implement of husbandry must be equipped with lights that
comply with section 169.55, subdivisions 2 and 3.
new text end

new text begin Subd. 9. new text end

new text begin Slow moving vehicle emblem. new text end

new text begin An implement of husbandry must comply
with section 169.522.
new text end

new text begin Subd. 10. new text end

new text begin Brakes. new text end

new text begin Notwithstanding section 169.67:
new text end

new text begin (a) A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.
new text end

new text begin (b) A towed implement of husbandry must be equipped with brakes adequate to
control its movement and to stop and hold it if:
new text end

new text begin (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;
new text end

new text begin (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or
new text end

new text begin (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section 168.011,
subdivision 29.
new text end

new text begin (c) If a towed implement of husbandry with a gross vehicle weight of more than
6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes
adequate to stop and hold it if it becomes detached from the towing vehicle.
new text end

new text begin Subd. 11. new text end

new text begin Manure application technologies. new text end

new text begin The Department of Transportation
shall investigate and recommend opportunities for infrastructure adaptation to
accommodate the implementation of manure application technologies that lessen impacts
on roads and bridges.
new text end

Sec. 38.

Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:


Subd. 3.

Hitch, chain, or cable.

(a) Every trailer or semitrailer must be hitched to
the towing motor vehicle by a device approved by the commissioner of public safety.

(b) Every trailer and semitrailer must be equipped with safety chains or cables
permanently attached to the trailer except in cases where the coupling device is a
regulation fifth wheel and kingpin assembly approved by the commissioner of public
safety. In towing, the chains or cables must be attached to the vehicles near the points of
bumper attachments to the chassis of each vehicle, and must be of sufficient strength to
control the trailer in the event of failure of the towing device. The length of chain or cable
must be no more than necessary to permit free turning of the vehicles. A minimum fine
of $25 must be imposed for a violation of this paragraph.

(c) This subdivision does not apply to towed implements of husbandry.

(d) No person may be charged with a violation of this section solely by reason of
violating a maximum speed prescribed in section deleted text begin169.145 ordeleted text end 169.67 new text begin or 169.801new text end.

Sec. 39.

Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:


Subd. 1a.

Harvest season increase amount.

The limitations provided in sections
169.822 to 169.829 are increased by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets, carrots, and potatoes from the
field of harvest to the point of the first unloading. Transfer of the product from a farm
vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not
considered to be the first unloading.new text begin A permit issued under section 169.86, subdivision 1,
paragraph (a), is required.
new text end The commissioner shall not issue permits under this subdivision
if to do so will result in a loss of federal highway funding to the state.

Sec. 40.

Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:


Subdivision 1.

Driver to stop for weighing.

(a) The driver of a vehicle that has
been lawfully stopped may be required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales.

(b) In addition, the officer may require that the vehicle be driven to the nearest
available scales, but only if:

(1) the distance to the scales is no further than five miles, or if the distance from the
point where the vehicle is stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest available scales; and

(2) if the vehicle is a commercial motor vehicle, no more than two other commercial
motor vehicles are waiting to be inspected at the scale.

(c) Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale.

(d) When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within the highway
right-of-way and adjacent to the roadway within two miles of the operation. The driver of
a truck or combination of vehicles registered for or deleted text beginweighing in excess ofdeleted text enddeleted text begin 12,000deleted text end new text beginwith a
gross vehicle weight exceeding 10,000
new text endpounds shall proceed to the scale site and submit
the vehicle to weighing and inspection.

Sec. 41.

Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Tow truck. new text end

new text begin A tow truck or towing vehicle, when towing a disabled or
damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length
and weight limitations of this chapter, subject to a $300 annual permit fee and any other
conditions prescribed by the commissioner.
new text end

Sec. 42.

Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:


Subd. 23.

School bus.

"School bus" has the meaning given in section 169.01,
subdivision 6
. new text beginIn addition, the term includes type III school buses as described in section
169.01, subdivision 6, clause (5), when driven by employees or agents of school districts
for transportation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to crimes
committed on or after that date.
new text end

Sec. 43.

Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:


Subd. 35.

Hazardous materials.

"Hazardous materials" means deleted text beginthose materials
found to be hazardous for the purposes of the federal Hazardous Materials Transportation
Act and that require the motor vehicle
deleted text end new text beginany material that has been designated as hazardous
under United States Code, title 49, section 5103, and is required
new text endto be placarded under
Code of Federal Regulations, title 49, deleted text beginparts 100-185deleted text endnew text begin part 172, subpart F, or any quantity of
a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73
new text end.

Sec. 44.

Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read:


Subd. 46.

School bus.

"School bus" deleted text beginmeans a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities,
by the school or a school district or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as
a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle
is properly registered and insured and being driven by an employee or agent of a school
district for nonscheduled transportation.
deleted text endnew text begin has the meaning given in section 169.01,
subdivision 6.
new text end

Sec. 45.

Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is
amended to read:


Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers'
licenses are classified according to the types of vehicles that may be driven by the holder
of each type or class of license. The commissioner may, as appropriate, subdivide the
classes listed in this subdivision and issue licenses classified accordingly.

(b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
so endorsed. There are four general classes of licenses as described in paragraphs (c)
through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family
member or an employee of the farmer;

(ii) used to transport agricultural products, farm machinery, or farm supplies,
including hazardous materials, to or from a farm;

(iii) not used in the operations of a common or contract motor carrier as governed by
Code of Federal Regulations, title 49, part 365; and

(iv) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
gross vehicle weight;

(3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
that is operated for personal use;

(4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
the driver, and vehicles that carry hazardous materials;

(5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional
school activity bus without a school bus endorsement if:

(i) the bus has a gross vehicle weight of 10,000 pounds or less;

(ii) the bus is designed to transport 15 or fewer passengers, including the driver; and

(iii) the requirements of subdivision 2a are satisfied, as determined by the
commissioner;

(6) operating any vehicle or combination of vehicles when operated by a licensed
peace officer while on duty; and

(7) towing vehicles if:

(i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or

(ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, deleted text begintransporting hazardous materials indeleted text end
new text begin operating new text endclass D vehiclesnew text begin to transport hazardous materialsnew text end; deleted text beginand
deleted text end

new text begin (3) with a passenger endorsement, operating buses; and
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end with a new text beginpassenger endorsement and new text endschool bus endorsement, operating school
buses deleted text begindesigned to transport 15 or fewer passengers, including the driverdeleted text end.

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other
single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of
vehicles.

Sec. 46.

Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
to read:


new text begin Subd. 2b. new text end

new text begin Exception for type III school bus drivers. new text end

new text begin (a) Notwithstanding
subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
clause (5), under the conditions in paragraphs (b) through (n).
new text end

new text begin (b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
new text end

new text begin (c) The operator's employer has adopted and implemented a policy that provides for
annual training and certification of the operator in:
new text end

new text begin (1) safe operation of a type III school bus;
new text end

new text begin (2) understanding student behavior, including issues relating to students with
disabilities;
new text end

new text begin (3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
new text end

new text begin (4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
new text end

new text begin (5) handling emergency situations;
new text end

new text begin (6) proper use of seat belts and child safety restraints;
new text end

new text begin (7) performance of pretrip vehicle inspections; and
new text end

new text begin (8) safe loading and unloading of students, including, but not limited to:
new text end

new text begin (i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
new text end

new text begin (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
new text end

new text begin (iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if
it is not reasonably feasible to avoid such a location; and
new text end

new text begin (iv) placing the type III school bus in "park" during loading and unloading.
new text end

new text begin (d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees;
or section 171.321, subdivision 3, for all other persons operating a type A or type III
school bus under this subdivision.
new text end

new text begin (e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2
.
new text end

new text begin (f) The operator's employer has adopted and implemented a policy that provides
for mandatory drug and alcohol testing of applicants for operator positions and current
operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
new text end

new text begin (g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the school bus.
new text end

new text begin (h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or
has their driver's license revoked under a similar statute or ordinance of another state, is
precluded from operating a type III school bus for five years from the date of conviction.
new text end

new text begin (i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus
under this subdivision.
new text end

new text begin (j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III school bus for one year from the date of
the last conviction.
new text end

new text begin (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.
new text end

new text begin (l) Students riding the type III school bus must have training required under section
123B.90, subdivision 2.
new text end

new text begin (m) Documentation of meeting the requirements listed in this subdivision must
be maintained under separate file at the business location for each type III school bus
operator. The business manager, school board, governing body of a nonpublic school, or
any other entity that owns, leases, or contracts for the type III school bus operating under
this subdivision is responsible for maintaining these files for inspection.
new text end

new text begin (n) The type III school bus must bear a current certificate of inspection issued under
section 169.451.
new text end

new text begin (o) An operator employed by a school or school district, whose normal duties do
not include operating a type III school bus, who holds a class D driver's license without a
school bus endorsement, may operate a type III school bus and is exempt from paragraphs
(d), (e), (f), (g), and (k).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2008.
new text end

Sec. 47.

Minnesota Statutes 2006, section 171.03, is amended to read:


171.03 PERSONS EXEMPT.

The following persons are exempt from license hereunder:

(a) A person in the employ or service of the United States federal government is
exempt while driving or operating a motor vehicle owned by or leased to the United
States federal government.

(b) A person in the employ or service of the United States federal government is
exempt from the requirement to possess a valid class A, class B, or class C commercial
driver's license while driving or operating for military purposes a commercial motor
vehicle deleted text beginowned by or leased todeleted text endnew text begin fornew text end the United States federal government if the person is:

(1) on active duty in the U. S. Coast Guard;

(2) on active duty in a branch of the U. S. Armed Forces, which includes the Army,
Air Force, Navy, and Marine Corps;

(3) a member of a reserve component of the U. S. Armed Forces; or

(4) on active duty in the Army National Guard or Air National Guard, which
includes (i) a member on full-time National Guard duty, (ii) a member undergoing
part-time National Guard training, and (iii) a National Guard military technician, who is a
civilian required to wear a military uniform.

The exemption provided under this paragraph does not apply to a U. S. Armed Forces
Reserve technician.

(c) Any person while driving or operating any farm tractor or implement of
husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
subdivision 7
, are not implements of husbandry.

(d) A nonresident who is at least 15 years of age and who has in immediate
possession a valid driver's license issued to the nonresident in the home state or country
may operate a motor vehicle in this state only as a driver.

(e) A nonresident who has in immediate possession a valid commercial driver's
license issued by a state or jurisdiction in accordance with the standards of Code of
Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.

(f) Any nonresident who is at least 18 years of age, whose home state or country does
not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
period of not more than 90 days in any calendar year, if the motor vehicle so operated is
duly registered for the current calendar year in the home state or country of the nonresident.

(g) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid driver's license issued to the person under and pursuant to the laws of
some other state or jurisdiction or by military authorities of the United States may operate
a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
a resident of this state, without being required to have a Minnesota driver's license as
provided in this chapter.

(h) Any person who becomes a resident of the state of Minnesota and who has in
possession a valid commercial driver's license issued by another state or jurisdiction in
accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
for not more than 30 days after becoming a resident of this state.

(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

Sec. 48.

Minnesota Statutes 2006, section 171.055, subdivision 1, is amended to read:


Subdivision 1.

Requirements for provisional licensenew text begin; misdemeanornew text end.

(a) The
department may issue a provisional license, which must be distinctive in appearance
from a driver's license, to an applicant who:

(1) has reached the age of 16 years;

(2) during the six months immediately preceding the application for the provisional
license has possessed an instruction permit and has incurred (i) no convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
convictions for a crash-related moving violation, and (iii) no convictions for a moving
violation that is not crash related;

(3) has successfully completed a course of driver education in accordance with
department rulesnew text begin, including but not limited to 30 hours of classroom instruction and six
hours of behind-the-wheel driving instruction; provided that, upon request of a parent
or guardian, an additional four hours of behind-the-wheel driving instruction must be
provided during the months of December, January, and February
new text end;

(4) completes the required application, which must be approved by (i) either parent
when both reside in the same household as the minor applicant or, if otherwise, then (ii)
the parent or spouse of the parent having custody or, in the event there is no court order
for custody, then (iii) the parent or spouse of the parent with whom the minor is living
or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
family member, or adult employer; provided, that the approval required by this clause
contains a verification of the age of the applicant and the identity of the parent, guardian,
adult spouse, adult close family member, or adult employer;

(5) presents deleted text begincertificationdeleted text endnew text begin a logbook or schedule certifiednew text end by the person who approves
the application under clause (4) deleted text beginstatingdeleted text endnew text begin attestingnew text end that the applicant has driven a motor
vehicle accompanied by and under the supervision of a licensed driver at least 21 years of
age, for no less than deleted text begin30deleted text endnew text begin 50new text end hours, at least ten of which were nighttime hours; and

(6) pays the fee required in section 171.06, subdivision 2.

(b) For purposes of this section, "moving violation" has the meaning given it in
section 171.04, subdivision 1.

(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
provisional license to a person who has ever incurred a conviction for violation of section
169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
or a crash-related moving violation, and at the time of the conviction the person did not
possess an instruction permit.

new text begin (d) If a person approving the application under paragraph (a), clause (4), falsifies an
entry, or knows an entry is false, in a logbook or schedule certified by the person under
paragraph (a), clause (5), that person is guilty of a misdemeanor.
new text end

Sec. 49.

Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:


Subd. 2.

Use of provisional license.

(a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.

(b) A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger. Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.

(c)new text begin For the first six months of provisional licensure, a provisional license holder may
not operate a motor vehicle carrying more than one passenger under the age of 20 years
who is not a member of the holder's immediate family. For the second six months, the
holder of the license may not operate a motor vehicle that is carrying more than three
passengers who are under the age of 20 years and who are not members of the holder's
immediate family. This paragraph does not apply if the provisional license holder is
accompanied by a parent or guardian.
new text end

new text begin (d) For the first six months of provisional licensure, a provisional license holder who
is less than 18 years of age may operate a motor vehicle between the hours of midnight
and 5:00 a.m. only when the license holder is:
new text end

new text begin (1) driving between the license holder's home and place of employment;
new text end

new text begin (2) driving between the license holder's home and a school event for which the
school has not provided transportation;
new text end

new text begin (3) driving for employment purposes; or
new text end

new text begin (4) accompanied by a licensed driver or Minnesota identification card holder who is
at least 20 years of age.
new text end

new text begin (e) new text end If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.

new text begin (f) For purposes of this section, "immediate family" means permanent members of
the same household who are related by blood, adoption, or marriage.
new text end

Sec. 50.

Minnesota Statutes 2006, section 171.0701, is amended to read:


171.0701 DRIVER EDUCATIONdeleted text begin; ORGAN AND TISSUE DONATIONdeleted text endnew text begin
CONTENT
new text end.

new text begin (a) new text endThe commissioner shall adopt rules requiring a minimum of 30 minutes of
instruction, beginning January 1, 2007, relating to organ and tissue donations and the
provisions of section 171.07, subdivision 5, for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver training
schools.

new text begin (b) The commissioner shall adopt rules for persons enrolled in driver education
programs offered at public schools, private schools, and commercial driver training
schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
awareness and safe interaction with commercial motor vehicle traffic. The rules must
require classroom instruction and behind-the-wheel training that includes, but is not
limited to, truck stopping distances, proper distances for following trucks, identification of
truck blind spots, and avoidance of driving in truck blind spots.
new text end

new text begin (c) The rules adopted by the commissioner under paragraph (b) are exempt from
the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except
that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until
repealed or superseded by other law or rule.
new text end

Sec. 51.

Minnesota Statutes 2006, section 171.12, subdivision 6, is amended to read:


Subd. 6.

Certain convictions not recorded.

(a) Except as provided in paragraph
(b), the department shall not keep on the record of a driver any conviction for a violation
of a speed limit of 55 or 60 miles per hour unless the violation consisted of a speed greater
than ten miles per hour in excess of a 55 miles per hour speed limit, or more than deleted text beginfivedeleted text end new text beginten
new text endmiles per hour in excess of a 60 miles per hour speed limit.

(b) This subdivision does not apply to (1) a violation that occurs in a commercial
motor vehicle, or (2) a violation committed by a holder of a class A, B, or C commercial
driver's license, without regard to whether the violation was committed in a commercial
motor vehicle or another vehicle.

Sec. 52.

Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
to read:


new text begin Subd. 1j. new text end

new text begin Driver's manual; interaction with commercial motor vehicle. new text end

new text begin The
commissioner shall include in each edition of the driver's manual published by the
department after August 1, 2008, a section that includes information on awareness and
safe interaction with commercial motor vehicle traffic.
new text end

Sec. 53.

Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:


Subd. 2.

Implied consent revocation.

The commissioner shall disqualify a person
from operating commercial motor vehicles for a revocation under section 169A.52 or a
statute or ordinance from another state or jurisdiction in conformity with it, deleted text beginin accordance
with
deleted text endnew text begin for a period that is equivalent in duration undernew text end the driver disqualifications and
penalties in Code of Federal Regulations, title 49, part 383, subpart Dnew text begin, that pertain to a
conviction of being under the influence of alcohol or refusal to be tested
new text end.

Sec. 54.

new text begin [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY
COMMERCIAL DRIVER.
new text end

new text begin (a) Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of a criminal offense; of a serious
traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of
violating any other state or local law relating to motor vehicle traffic control, other than a
parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify
the department's Division of Driver and Vehicle Services of the conviction. The person
shall notify the division within 30 days after the date that the person was convicted.
new text end

new text begin (b) Each person who operates a commercial motor vehicle, who has a commercial
driver's license issued by this state, and who is convicted of violating, in any type of
motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control,
other than a parking violation, shall notify the person's employer of the conviction. The
person shall notify the person's employer within 30 days after the date that the person was
convicted. If the person is not currently employed, the person shall notify the division
according to paragraph (a).
new text end

new text begin (c) Notification to the division must be made in writing and contain the following
information:
new text end

new text begin (1) the driver's full name;
new text end

new text begin (2) the driver's license number;
new text end

new text begin (3) the date of conviction;
new text end

new text begin (4) the specific criminal or other offense; serious traffic violation, as defined in Code
of Federal Regulations, title 49, section 383.5; and any other violation of state or local
law relating to motor vehicle traffic control, for which the person was convicted and
any suspension, revocation, or cancellation of certain driving privileges that resulted
from the conviction;
new text end

new text begin (5) an indication whether the violation was in a commercial motor vehicle;
new text end

new text begin (6) the location of the offense; and
new text end

new text begin (7) the driver's signature.
new text end

Sec. 55.

new text begin [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF
COMMERCIAL DRIVER.
new text end

new text begin Each employee, as defined in Code of Federal Regulations, title 49, section 383.5,
who has a Minnesota-issued driver's license suspended, revoked, or canceled by this
state or another state or jurisdiction, who loses the right to operate a commercial motor
vehicle in this state or another state or jurisdiction for any period, or who is disqualified
from operating a commercial motor vehicle for any period, shall notify the person's
employer of the suspension, revocation, cancellation, lost privilege, or disqualification.
The employee shall notify the employer before the end of the business day following
the day the employee received notice of the suspension, revocation, cancellation, lost
privilege, or disqualification.
new text end

Sec. 56.

Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read:


Subdivision 1.

Endorsement.

No person shall drive a school bus when transporting
school children to or from school or upon a school-related trip or activity without having a
valid class A, class B, or class C driver's license with a school bus endorsement except
that a person possessing a valid driver's license but not a school bus endorsement may
drive a deleted text beginvehicle with a seating capacity of ten or less persons used as a school bus but not
outwardly equipped or identified as a school bus
deleted text endnew text begin type III vehiclenew text end.

Sec. 57.

Minnesota Statutes 2006, section 174.02, subdivision 2, is amended to read:


Subd. 2.

Unclassified positions.

The commissioner new text beginshall appoint a deputy
commissioner/chief engineer. If the commissioner is not a licensed professional engineer
under section 326.02, the deputy commissioner/chief engineer must be licensed as a
professional engineer under Minnesota Statutes, section 326.02. The commissioner
new text endmay
establish deleted text beginfourdeleted text endnew text begin three othernew text end positions in the unclassified service at the deputy and assistant
commissioner, assistant to commissionernew text begin,new text end or personal secretary levels. No more than two
of these positions shall be at the deputy commissioner level.

Sec. 58.

Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:


Subdivision 1.

Statewide transportation plan; priorities; schedule of
expenditures.

In order to best meet the present and future transportation needs of
the public, to insure a strong state economy, to make most efficient use of public and
private funds, and to promote the more efficient use of energy and other resources for
transportation purposes, the commissioner shall:

(1) three months after notification that the department is ready to commence
operations and prior to the drafting of the statewide transportation plan, hold public
hearings as may be appropriate solely for the purpose of receiving suggestions for future
transportation alternatives and priorities for the state. The Metropolitan Council, regional
development commissions, and port authorities shall appear at the hearings and submit
information concerning transportation-related planning undertaken and accomplished by
these agencies. Other political subdivisions may appear and submit such information at
the hearings. These hearings shall be completed no later than six months from the date of
the commissioner's notification;

(2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
account the suggestions and information submitted at the public hearings held pursuant
to clause (1). The plan shall incorporate all modes of transportation and provide for the
interconnection and coordination of different modes of transportation. The commissioner
shall evaluate alternative transportation programs and facilities proposed for inclusion
in the plan in terms of economic costs and benefits, safety aspects, impact on present
and planned land uses, environmental effects, energy efficiency, national transportation
policies and priorities, and availability of federal and other financial assistance;

(3) based upon the statewide transportation plan, develop statewide transportation
priorities and schedule authorized public capital improvements and other authorized public
transportation expenditures pursuant to the prioritiesnew text begin. As permitted by the federal surface
transportation program, the commissioner shall prioritize for funding those transportation
projects in the metropolitan area, as defined in section 473.121, subdivision 2, that are
consistent with policies included in the Metropolitan Council's metropolitan development
guide, transportation policy plan, and regional development framework, and that have
been awarded funding through the federal surface transportation program
new text end;

(4) complete the plan and priorities required by this subdivision no later than July
1, 1978. Upon completion of the plan and priorities, the commissioner shall prepare
and periodically revise, as necessary, the schedule of authorized public transportation
expenditures. The plan, priorities, and schedule are exempt from the provisions of the
Administrative Procedure Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 59.

Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Transit service needs implementation plan. new text end

new text begin The commissioner shall
develop and implement a transit service needs implementation plan that contains a goal of
meeting at least 80 percent of unmet transit service needs in greater Minnesota by July 1,
2015, and meeting at least 90 percent of unmet transit service needs in greater Minnesota
by July 1, 2025. The plan must include, but is not limited to, the following: an analysis of
ridership and transit service needs throughout greater Minnesota; a calculation of unmet
needs; an assessment of the level and type of service required to meet unmet needs; an
analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as
specified in this subdivision. The plan must specifically address special transportation
service ridership and needs. The commissioner may amend the plan as necessary, and
may use all or part of the 2001 greater Minnesota public transportation plan created by the
Minnesota Department of Transportation.
new text end new text begin new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 60.

new text begin [174.247] ANNUAL TRANSIT REPORT.
new text end

new text begin (a) By February 15 annually, the commissioner shall submit a report to the legislature
on transit services outside the metropolitan area. The Metropolitan Council and any
public transit system receiving assistance under section 174.24 shall provide assistance
in creating the report, as requested by the commissioner.
new text end

new text begin (b) The report must include, at a minimum, the following:
new text end

new text begin (1) a descriptive overview of public transit in Minnesota;
new text end

new text begin (2) a descriptive summary of funding sources and assistance programs;
new text end

new text begin (3) a summary of each public transit system receiving assistance under section
174.24;
new text end

new text begin (4) data that identifies use of volunteers in providing transit service;
new text end

new text begin (5) financial data that identifies operating and capital costs, and funding sources,
for each public transit system and for each transit system classification under section
174.24, subdivision 3b;
new text end

new text begin (6) a summary of progress with the transit service needs implementation plan under
section 174.24, subdivision 1a, including identification of any adjustments made to the
plan; and
new text end

new text begin (7) a calculation of the amounts of surplus or insufficient funds available for (i)
paying the state share of transit operating costs under section 174.24, subdivision 3b, and
(ii) following the transit service needs implementation plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 61.

Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision
to read:


new text begin Subd. 50. new text end

new text begin Out-of-service order. new text end

new text begin "Out-of-service order" has the meaning given it in
Code of Federal Regulations, title 49, section 383.5.
new text end

Sec. 62.

Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read:


Subdivision 1.

Powers, duties, reports, limitations.

(a) This subdivision applies to
motor carriers engaged in intrastate commerce.

(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.

(c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.

(d) The commissioner shall require holders of household goods mover permits to file
deleted text begin annual and other reports including annual accounts of motor carriers,deleted text end schedules of rates
and charges, or other data by motor carriers, regulate motor carriers in matters affecting
the relationship between them and the traveling and shipping public, and prescribe other
rules as may be necessary to carry out the provisions of this chapter.

(e) deleted text beginA motor carrier subject to paragraph (d) but having gross revenues from for-hire
transportation in a calendar year of less than $200,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report, if instead the motor carrier
files an abbreviated annual report, in a form as may be prescribed by the commissioner,
attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous
calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes
of this subdivision only, do not include gross revenues received from the operation of
school buses as defined in section 169.01, subdivision 6.
deleted text end

deleted text begin (f)deleted text end The commissioner shall enforce sections 169.781 to 169.783.

Sec. 63.

Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:


Subdivision 1.

Order.

The commissioner may issue an order requiring violations
to be corrected and administratively assessing monetary penalties for a violation of
(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4)
section 221.171; (5) section 221.141; new text begin(6) a federal, state, or local law, regulation, rule,
or ordinance pertaining to railroad-highway grade crossings;
new text endor deleted text begin(6)deleted text endnew text begin (7)new text end rules of the
commissioner relating to the transportation of hazardous waste, motor carrier operations,
insurance, or tariffs and accounting. An order must be issued as provided in this section.

Sec. 64.

Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:


Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an
order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
221.151; or 221.171, or rules of the commissioner relating to motor carrier operations,
insurance, or tariffs and accounting, identified during a single inspection, audit, or
investigation.

(b) The commissioner may issue an order assessing a penalty up to a maximum of
$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water,
land, or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation
and the violation to be penalized, the time elapsed since the last violation, the number of
previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the
violation; and

(5) other factors as justice may require, if the commissioner specifically identifies
the additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty deleted text beginof not less than $1,000 against a driver
who is convicted of a violation of an out-of-service order. The commissioner shall assess
a penalty of not more than $10,000 against an employer who knowingly allows or requires
an employee to operate a commercial motor vehicle in violation of an out-of-service order.
deleted text endnew text begin
in accordance with Code of Federal Regulations, title 49, section 383.53 against:
new text end

new text begin (1) a driver who is convicted of a violation of an out-of-service order;
new text end

new text begin (2) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of an out-of-service order; or
new text end

new text begin (3) an employer who knowingly allows or requires an employee to operate a
commercial motor vehicle in violation of a federal, state, or local law or regulation
pertaining to railroad-highway grade crossings.
new text end

Sec. 65.

Minnesota Statutes 2006, section 221.121, subdivision 1, is amended to read:


Subdivision 1.

Petition; deleted text beginnotice and hearing;deleted text end scope.

(a) A person desiring to operate
as a permit carrier, except as provided in subdivision 5 or section 221.296, shall file a
petition with the commissioner specifying the kind of permit desired, the name and address
of the petitioner and the names and addresses of the officers, if a corporation, and other
information as the commissioner may require. Letters of shipper support must be filed with
the petition. No person shall knowingly make a false or misleading statement in a petition.

(b) The commissionerdeleted text begin, after notice to interested parties and a hearing,deleted text end shall issue the
permit upon compliance with the laws and rules relating to it, if it finds that petitioner is
fit and able to conduct the proposed operations, that petitioner's vehicles meet the safety
standards established by the department, deleted text beginthat the area to be served has a need for the
transportation services requested in the petition, and that existing permit and certificated
carriers in the area to be served have failed to demonstrate that they offer sufficient
transportation services to meet fully and adequately those needs,
deleted text end provided that no person
who holds a permit at the time sections 221.011 to 221.291 take effect may be denied
a renewal of the permit upon compliance with other provisions of sections 221.011 to
221.291.

(c) A permit once granted continues in full force and effect until abandoned or unless
suspended or revoked, subject to compliance by the permit holder with the applicable
provisions of law and the rules of the commissioner governing permit carriers.

(d) No permit may be issued to a common carrier by rail permitting the common
carrier to operate trucks for hire within this state, nor may a common carrier by rail be
permitted to own, lease, operate, control, or have an interest in a permit carrier by truck,
either by stock ownership or otherwise, directly, indirectly, through a holding company,
or by stockholders or directors in common, or in any other manner. Nothing in sections
221.011 to 221.291 prevents the commissioner from issuing a permit to a common carrier
by rail authorizing the carrier to operate trucks wholly within the limits of a municipality or
within adjacent or contiguous municipalities or a common rate point served by the railroad
and only as a service supplementary to the rail service now established by the carriers.

Sec. 66.

Minnesota Statutes 2006, section 221.121, subdivision 6a, is amended to read:


Subd. 6a.

Household goods carrier.

A person who desires to hold out or to operate
as a carrier of household goods shall deleted text beginfollow the procedure established in subdivision 1,
and shall specifically request a household goods mover permit. The permit granted by
the commissioner to a person who meets the criteria established in this subdivision and
subdivision 1 shall authorize the person to hold out and to operate as a household goods
mover. A person who provides or offers to provide household goods packing services
and who makes any arrangement directly or indirectly by lease, rental, referral, or by
other means to provide or to obtain drivers, vehicles, or transportation service for moving
household goods, must have a household goods mover permit
deleted text endnew text begin file an application with
the commissioner on a form the commissioner prescribes. Notwithstanding this or any
other section or rule to the contrary, the commissioner must not provide public notice
or hearing when reviewing the application or before granting the requested operating
authority. All permits granted to household goods carriers must allow statewide operation.
Notwithstanding any geographical restrictions imposed upon a permit at the time it was
granted or any section or rule to the contrary, the holder of a household goods permit may
operate statewide
new text end.

Sec. 67.

Minnesota Statutes 2006, section 221.151, subdivision 1, is amended to read:


Subdivision 1.

Petition.

new text begin(a) new text endPermits, except livestock permits, issued under section
221.121 may be assigned or transferred but only upon the order of the commissioner
approving the transfer or assignment after notice and hearing.

new text begin (b) new text endThe proposed seller and buyer or lessor and lessee of a permit, except for
livestock carrier permits, shall file a joint notarized petition with the commissioner setting
forth the name and address of the parties, the identifying number of the permit, and the
description of the authority which the parties seek to sell or lease, a short statement of
the reasons for the proposed sale or lease, a statement of outstanding claims of creditors
which are directly attributable to the operation to be conducted under the permit, a copy of
the contract of sale or lease, and a financial statement with a balance sheet and an income
statement, if existent, of the buyer or lessee. If it appears to the commissionerdeleted text begin, after notice
to interested parties and a hearing,
deleted text end from the contents of the petitiondeleted text begin, from the evidence
produced at the hearing,
deleted text end and from the department's records, files, and investigation that
the approval of the sale or lease of the permit will not adversely affect the rights of the
users of the service deleted text beginand will not have an adverse effect upon other competing carriersdeleted text end,
the commissioner may make an order granting the sale or lease. Provided, however, that
the commissioner shall make no order granting the sale or lease of a permit to a person
or corporation or association which holds a certificate or permit other than local cartage
carrier permit from the commissioner under this chapter or to a common carrier by rail.

deleted text begin Provided further that the commissioner shall make no order approving the sale or
lease of a permit if the commissioner finds that the price paid for the sale or lease of a
permit is disproportionate to the reasonable value of the permit considering the assets and
goodwill involved. The commissioner shall approve the sale or lease of a permit only after
a finding that the transferee is fit and able to conduct the operations authorized under the
permit and that the vehicles the transferee proposes to use in conducting the operations
meet the safety standards of the commissioner. In determining the extent of the operating
authority to be conducted by the transferee under the sale or lease of the permit, the past
operations of the transferor within the two-year period immediately preceding the transfer
must be considered. Only such operating authority may be granted to the transferee as was
actually exercised by the transferor under the transferor's authority within the two-year
period immediately preceding the transfer as evidenced by bills of lading, company
records, operation records, or other relevant evidence. For purposes of determining the
two-year period, the date of divesting of interest or control is the date of the sale.
deleted text end

new text begin (c)new text end The commissioner shall look to the substance of the transaction rather than the
form. An agreement for the transfer or sale of a permit must be reported and filed with the
commissioner within 30 days of the agreement.

new text begin (d) new text endIf an authority to operate as a permit carrier is held by a corporation, a sale,
assignment, pledge, or other transfer of the stock interest in the corporation which will
accomplish a substantial or material change or transfer of the majority ownership of
the corporation, as exercised through its stockholders, must be reported in the manner
prescribed in the rules of the commissioner within 30 days after the sale, assignment,
pledge, or other transfer of stock. The commissioner shall then make a finding whether or
not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of
the corporation to a new party or parties and, if they so find, then the continuance of the
permit issued to the corporation may only be upon the corporation's complying with the
standards and procedures otherwise imposed by this section.

Sec. 68.

Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:


Subdivision 1.

Members, powers, and duties.

(a) The commissioner is hereby
authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
such assistant supervisors, sergeants and officers as are provided by law, who shall
comprise the Minnesota State Patrol.

(b) The members of the Minnesota State Patrol shall have the power and authority:

(1) as peace officers to enforce the provisions of the law relating to the protection of
and use of trunk highways;

(2) at all times to direct all traffic on trunk highways in conformance with law, and in
the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
traffic on other roads as conditions may require notwithstanding the provisions of law;

(3) to serve search warrants related to criminal motor vehicle and traffic violations
and arrest warrants, and legal documents anywhere in the state;

(4) to serve orders of the commissioner of public safety or the commissioner's duly
authorized agents issued under the provisions of the Driver's License Law, the Safety
Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
in the state and to take possession of any license, permit, or certificate ordered to be
surrendered;

(5) to inspect official brake and light adjusting stations;

(6) to make appearances anywhere within the state for the purpose of conducting
traffic safety educational programs and school bus clinics;

(7) to exercise upon all trunk highways the same powers with respect to the
enforcement of laws relating to crimes, as sheriffs and police officers;

(8) to cooperate, under instructions and rules of the commissioner of public
safety, with all sheriffs and other police officers anywhere in the state, provided that
said employees shall have no power or authority in connection with strikes or industrial
disputes;

(9) to assist and aid any peace officer whose life or safety is in jeopardy;

(10) as peace officers to provide security and protection to the governor, governor
elect, either or both houses of the legislature, and state buildings or property in the manner
and to the extent determined to be necessary after consultation with the governor, or a
designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
have the same powers with respect to the enforcement of laws relating to crimes, as
sheriffs and police officers have within their respective jurisdictions;

(11) to inspect school buses anywhere in the state for the purposes of determining
compliance with vehicle equipment, pollution control, and registration requirements;

(12) as peace officers to make arrests for public offenses committed in their presence
anywhere within the state. Persons arrested for violations other than traffic violations
shall be referred forthwith to the appropriate local law enforcement agency for further
investigation or dispositiondeleted text begin.deleted text endnew text begin; and
new text end

new text begin (13) to enforce the North American uniform out-of-service criteria and issue
out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
new text end

(c) The state may contract for State Patrol members to render the services described
in this section in excess of their regularly scheduled duty hours and patrol members
rendering such services shall be compensated in such amounts, manner and under such
conditions as the agreement provides.

(d) Employees thus employed and designated shall subscribe an oath.

Sec. 69.

Minnesota Statutes 2006, section 299D.06, is amended to read:


299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.

(a) Department personnel must be classified employees assigned to the Division of
State Patrol if they are employed to enforce:

(1) laws relating to motor vehicle equipment; school bus equipment; drivers'
licenses; motor vehicle registration; motor vehicle size and weight; motor carrier
insurance, registration, and safety; and motor vehicle petroleum taxes;

(2) Pollution Control Agency rules relating to motor vehicle noise abatement; deleted text beginand
deleted text end

(3) laws relating to directing the movement of vehiclesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (4) the North American uniform out-of-service criteria and issue out-of-service
orders, as defined in Code of Federal Regulations, title 49, section 383.5.
new text end

(b) Employees engaged in these duties, while actually on the job during their
working hours only, shall have power to:

(1) issue citations in lieu of arrest and continued detention; and

(2) prepare notices to appear in court for violation of these laws and rules, in the
manner provided in section 169.91, subdivision 3.

(c) They shall not be armed and, except as provided in this section, shall have none
of the other powers and privileges reserved to peace officers including the power to
enforce traffic laws and regulations.

Sec. 70.

Minnesota Statutes 2006, section 473.1465, is amended by adding a
subdivision to read:


new text begin Subd. 4. new text end

new text begin Special transportation service assessment. new text end

new text begin As part of its annual
update to the performance evaluation report under section 473.13, subdivision 1a, the
Metropolitan Council shall include an assessment of progress towards meeting transit
goals for people with disabilities. The assessment must include, but is not limited to, the
following: a description of proposed program enhancements; an assessment of progress;
identification of the estimated total number of potential and actual riders who are disabled;
an assessment of the level and type of service required to meet unmet ridership needs; and
an analysis of costs and revenue options, including a calculation of the amounts of surplus
or insufficient funds available for achieving paratransit needs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 71.

Minnesota Statutes 2006, section 473.388, subdivision 2, is amended to read:


Subd. 2.

Replacement service; eligibility.

new text begin(a) new text endThe council may provide assistance
under the program to a statutory or home rule charter city or town or combination thereof,
that:

deleted text begin (a)deleted text endnew text begin (1)new text end is located in the metropolitan transit taxing district;

deleted text begin (b)deleted text endnew text begin (2)new text end is not served by the council bus service or is served only with council bus
routes which begin or end within the applying city or town or combination thereof; and

deleted text begin (c)deleted text endnew text begin (3)new text end has fewer than four scheduled runs of council bus service during off-peak
hours deleted text begindefined in section 473.408, subdivision 1deleted text end.

new text begin (b) new text endEligible cities or towns or combinations thereof may apply on behalf of a transit
operator with whom they propose to contract for service.

new text begin (c) new text endThe council may not provide assistance under this section to a statutory or home
rule charter city or town unless the city or towndeleted text begin,deleted text endnew text begin:
new text end

deleted text begin (i)deleted text endnew text begin (1)new text end was receiving assistance under Minnesota Statutes 1982, section 174.265 by
July 1, 1984deleted text begin,deleted text endnew text begin;new text end

deleted text begin (ii)deleted text endnew text begin (2)new text end had submitted an application for assistance under that section by July 1,
1984deleted text begin,deleted text endnew text begin;new text end or

deleted text begin (iii)deleted text endnew text begin (3)new text end had submitted a letter of intent to apply for assistance under that section by
July 1, 1984, and deleted text beginsubmitsdeleted text endnew text begin submittednew text end an application for assistance under this section by
July 1, 1988. A statutory or home rule charter city or town has an additional 12-month
extension if it notified the former regional transit board before July 1, 1988, that the city or
town is in the process of completing a transportation evaluation study that includes an
assessment of the local transit needs of the city or town.

new text begin (d) Nothing in this section prevents a local governmental unit from providing public
transit service that extends outside of the metropolitan transit taxing district.
new text end

new text begin (e) For purposes of this subdivision, "off-peak hours" means the time from 9:00 a.m.
to 3:30 p.m. and 6:30 p.m. until the last bus on Monday through Friday of each week and
all day Saturday, Sunday, and holidays designated by the council.
new text end

Sec. 72.

Minnesota Statutes 2006, section 473.399, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Availability of light rail transit information. new text end

new text begin The Metropolitan Council
shall maintain in a centralized location on an Internet Web site, for each light rail transit
line operated by the council and for each year of operation of the line:
new text end

new text begin (1) financial data, including revenue by source and operating and capital expenses;
and
new text end

new text begin (2) ridership information, including ridership and passenger miles.
new text end

Sec. 73.

Laws 2002, chapter 393, section 85, is amended to read:


Sec. 85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.

Subdivision 1.

Definition.

For purposes of this section, "Dan Patch commuter rail
line" means the commuter rail line between Northfield and Minneapolis identified in the
metropolitan council's transit 2020 master plan as the Dan Patch line.

Subd. 2.

Metropolitan council; prohibitions.

The metropolitan council must not
take any action or spend any money for deleted text beginstudy, planning,deleted text end preliminary engineering, final
design, or construction for the Dan Patch commuter rail line. deleted text beginThe council must remove
all references, other than references for historical purposes, to the Dan Patch commuter
rail line from any future revisions to the council's transportation development guide and
the council's regional transit master plan.
deleted text end

Subd. 3.

Commissioner of transportation.

The commissioner of transportation
must not expend any money for deleted text beginstudy, planning,deleted text end preliminary engineering, final design,
or construction for the Dan Patch commuter rail line. deleted text beginThe commissioner must remove
all references, other than references for historical purposes, to the Dan Patch commuter
rail line from any future revisions to the state transportation plan and the commissioner's
commuter rail system plan.
deleted text end

Subd. 4.

Regional rail authorities.

No regional rail authority may expend any
money for deleted text beginstudy, planning,deleted text end preliminary engineering, final design, or construction for
the Dan Patch commuter rail line.

Sec. 74. new text beginREPORT ON URBAN PARTNERSHIP AGREEMENT.
new text end

new text begin By January 15, 2009, and on January 15 each year through 2014, the commissioner
of transportation, in conjunction with the Metropolitan Council, shall report to the chairs
and ranking minority members of the legislative committees with jurisdiction over
transportation concerning the status of the state's participation in the urban partnership
agreement. The report must:
new text end

new text begin (1) present the elements of congestion reduction strategies to be implemented under
the urban partnership agreement;
new text end

new text begin (2) summarize average daily traffic and congestion levels on affected roadways;
new text end

new text begin (3) summarize transit usage in affected corridors;
new text end

new text begin (4) identify the costs of participation and the sources of funding secured or to be
secured;
new text end

new text begin (5) include information on revenues and expenditures under the urban partnership
agreement;
new text end

new text begin (6) summarize any user fees collected on marked Interstate Highway 35W
high-occupancy vehicle and dynamic shoulder lanes;
new text end

new text begin (7) recommend any further legislative action necessary for the successful
implementation and operation of the urban partnership agreement; and
new text end

new text begin (8) starting with the January 15, 2011, report and in each report thereafter, evaluate
strategies used within the urban partnership agreement, and develop recommendations for:
new text end

new text begin (i) the Rush Line corridor transit way along marked Interstate Highway 35E and
marked Trunk Highway 35 from downtown St. Paul to Hinckley;
new text end

new text begin (ii) the Red Rock corridor transit way between Minneapolis and Hastings via St.
Paul; and
new text end

new text begin (iii) the marked Interstate Highway 94 corridor from downtown St. Paul to the
Minnesota-Wisconsin border.
new text end

Sec. 75. new text beginCREDIT CARD PAYMENT STUDY; PROPOSAL.
new text end

new text begin (a) By February 1, 2009, the commissioner of public safety shall submit a proposal
to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over transportation finance. The proposal must identify a
method that allows the Department of Public Safety, its deputy registrars, and driver's
license agents to collect by credit or debit card, motor vehicle registration taxes under
Minnesota Statutes, section 168.013; motor vehicle certificates of title and related
document fees under Minnesota Statutes, section 168A.29; motor vehicle sales tax under
Minnesota Statutes, sections 297B.02 and 297B.025; and, driver's license and Minnesota
identification card fees under Minnesota Statutes, section 171.06.
new text end

new text begin (b) The proposal must identify the total estimated statewide cost of the processing
fees paid to either a vendor, financial institution, or credit card company. The proposal
must consider options to finance the acceptance fees through either (1) state fee increases
necessary to finance (i) the costs of credit and debit card processing fees paid to a
processing vendor, (ii) the administrative costs of the department to implement the
acceptance of credit and debit cards, including hardware and software costs of the
department, its deputy registrars, and agents, and (iii) associated ongoing administrative
cost increases, or (2) an agreement with a vendor that allows the addition of a convenience
fee to each transaction to be paid directly by customers who choose to utilize credit or
debit cards.
new text end

new text begin (c) The commissioner of public safety, with the assistance of the commissioners of
finance and administration, shall develop a request for proposals from vendors, to be
issued by January 1, 2010, to implement the acceptance of credit and debit payments by
the Department of Public Safety, its deputy registrars, and agents. The department shall
consult deputy registrars and driver's license agents in developing the request for proposals.
new text end

Sec. 76. new text beginENGINE BRAKES; REGULATION BY MINNEAPOLIS.
new text end

new text begin Notwithstanding any other law or charter provision, the governing body of the city
of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor
vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394,
beginning at the South Penn Avenue interchange in the city of Minneapolis and thence
extending easterly to the terminus of marked Interstate Highway 394. Upon notification
to the commissioner of transportation by the city of Minneapolis, the commissioner of
transportation shall erect the appropriate signs, with the cost of the signs to be paid by the
city. For purposes of this section, "engine brake" means any device that uses the engine
and transmission to impede the forward motion of the motor vehicle by compression
of the engine.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 77. new text beginROAD CONSTRUCTION BIDS; CITY ORDINANCE.
new text end

new text begin Notwithstanding any other law, the commissioner of transportation shall accept the
low bid amount among any cancelled bids for a cooperative road construction project
involving a city of the first class located outside of the metropolitan area, as defined in
Minnesota Statutes, section 473.121, subdivision 2, if:
new text end

new text begin (1) the bid cancellation occurred after July 1, 2007, as a result of a city ordinance
relating to green space setback;
new text end

new text begin (2) the city changes the ordinance before October 1, 2008, in such a manner that a bid
cancellation would not occur were the same bids submitted under the revised ordinance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 78. new text beginLITTLE CROW TRANSIT WAY.
new text end

new text begin The commissioner of transportation and the Metropolitan Council shall reference in
planning or study documents any commuter rail or other transit service proposal along
or near marked Trunk Highway 12 between Willmar and downtown Minneapolis as the
Little Crow transit way.
new text end

Sec. 79. new text beginHIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES;
REVISOR INSTRUCTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Legislative Route No. 295 removed. new text end

new text begin (a) Minnesota Statutes 2006,
section 161.115, subdivision 226, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and the city of
St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and
notifies the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
writing that the conditions required to transfer the route are satisfied.
new text end

new text begin Subd. 2. new text end

new text begin Legislative Route No. 335 removed. new text end

new text begin (a) Minnesota Statutes 2006,
section 161.115, subdivision 266, is repealed effective the day after the commissioner of
transportation receives a copy of the agreement between the commissioner and the city of
St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and
notifies the revisor of statutes under paragraph (b).
new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from
Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
writing that the conditions required to transfer the route are satisfied.
new text end

Sec. 80. new text beginJOEY'S LAW.
new text end

new text begin The amendment by this act to Minnesota Statutes 2006, section 171.07, subdivision
1, may be cited as "Joey's Law."
new text end

Sec. 81. new text beginRIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any
other law to the contrary, the trunk highway right-of-way described in paragraph (b) is
hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being
a certain parcel of land located in the county of Otter Tail, state of Minnesota, being
more particularly described in paragraph (b).
new text end

new text begin (b) All of Tracts A, B, and C described below:
new text end

new text begin TRACT A
new text end

new text begin That part of Government Lot 1 of Section 12, Township 132 North, Range
43 West, Otter Tail County, Minnesota, lying Northeasterly of the former
Southwesterly right-of-way line of the BNSF Railway Company (formerly the
St. Paul, Minneapolis and Manitoba Railway Company);
new text end

new text begin TRACT B
new text end

new text begin A strip of land 150 feet in width, being 75 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12,
Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
extending from the South line to the West line of said SW1/4NW1/4; together
with that part of said SW1/4NW1/4 adjoining and Westerly of the above
described strip and Easterly of the Easterly right-of-way line of said railroad
company as located prior to 1888;
new text end

new text begin TRACT C
new text end

new text begin A strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the E1/2NE1/4 of Section 11,
Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
extending from the East to the North line of said E1/2NE1/4;
new text end

new text begin together with that part of Tract D described below:
new text end

new text begin TRACT D
new text end

new text begin A strip of land 100 feet in width, being 50 feet on each side of the former
centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
and Manitoba Railway Company) across the E1/2 of Section 2, Township 132
North, Range 43 West, Otter Tail County, Minnesota;
new text end

new text begin which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of
Line 1 described below:
new text end

new text begin LINE 1.
new text end

new text begin Beginning at a point on the North and South Quarter line of said Section 2,
distant 1,060.11 feet North of the South Quarter corner thereof; thence run
Northeasterly at an angle of 72?36'15" (measured from North to East) from said
North and South Quarter line for 1,600 feet and there terminating;
new text end

new text begin together with all right of access, being the right of ingress to and egress from that part of
Tract D hereinbefore described, not acquired herein, to the above described strip.
new text end

Sec. 82. new text beginWATER QUALITY AND ROAD DEICING STUDY.
new text end

new text begin By January 15, 2009, the commissioner of transportation, in consultation with the
commissioner of the Pollution Control Agency shall submit a report to the legislature, in
compliance with Minnesota Statutes, sections 3.195 and 3.197, that includes the impacts
of different methods of applying road salt and other deicing methods on the state's streams,
rivers, and lakes, and recommendations including best management practices designed
to minimize the impact of deicing on the state's waters.
new text end

Sec. 83. new text beginLAFAYETTE BRIDGE.
new text end

new text begin The commissioner of transportation shall ensure that design, construction, and
environmental documentation of the reconstruction of the Lafayette Bridge segment of
U.S. Highway 52 include bridge footings that will accommodate future implementation
of transit.
new text end

Sec. 84. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the terms "type III school bus," "type III bus," and
"type III Head Start bus" to "type III vehicle," and the terms "type III school buses," "type
III buses," and "type III Head Start buses" to "type III vehicles," in Minnesota Statutes,
chapters 169, 169A, and 171, and in Minnesota Rules, parts 7470.1400 and 7470.1500.
new text end

Sec. 85. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 168B.087, subdivision 2; and 169.145, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, section 221.121, subdivision 4, new text end new text begin is repealed.
new text end

ARTICLE 2

RAILROAD WALKWAY SAFETY ACT

Section 1.

new text begin [219.372] WALKWAYS BY TRACK; GENERAL REQUIREMENTS;
DEFINITIONS.
new text end

new text begin (a) Walkways may be surfaced with asphalt, concrete, planking, grating, native
material, crushed material, or similar or other nonrevenue material. When crushed
material is used, 100 percent of the material must be capable of passing through a
1-1/2-inch square sieve opening and 90 - 100 percent of the material must be capable
of passing through a one-inch square sieve opening; provided however, a de minimus
variation is not a violation of this paragraph when the rail carrier has made a good faith
effort to comply with the percentage requirements. Smaller crushed material may be used
where drainage and durability issues do not arise. Material that is three-fourths inch or
less must conform with standards set forth by the American Railway Engineering and
Maintenance of Way Association for switching lead tracks.
new text end

new text begin (b) Walkways must have a uniform surface and must be maintained in a safe
condition without compromising track drainage.
new text end

new text begin (c) Cross slopes for walkways must not exceed one inch of elevation for each eight
inches of horizontal length in any direction.
new text end

new text begin (d) Walkways must be a minimum width of two feet.
new text end

new text begin (e) Walkways within the scope of sections 219.372 to 219.378 must be kept free of
spilled oil, sand, posts, rocks, and other hazards or obstructions.
new text end

Sec. 2.

new text begin [219.373] NEW YARD TRACKS.
new text end

new text begin (a) Rail carriers shall provide walkways adjacent to those portions of yard tracks
constructed after July 1, 2008, where rail carrier employees frequently work on the ground
performing switching activities.
new text end

new text begin (b) For the purpose of this section, "frequently" means occurring at least five days
per week, one shift per day.
new text end

Sec. 3.

new text begin [219.374] OTHER TRACKS.
new text end

new text begin (a) Walkways in the following segments of track must be constructed with materials
set forth in section 219.372 at walkways by main and secondary track switches and
turnouts, walkways by siding track train inspection points, walkways by tracks where
relief train crews frequently board or deboard trains en route, walkways by industry track
turnouts and spotting areas, and walkways by main track within two miles in either
direction of a track-side train detector, with a total walkway not less than 500 feet on
both sides of track.
new text end

new text begin (b) Walkways by switch stands may have a wider apron from base of switch stand
area and must be maintained in a safe condition without compromising track drainage.
new text end

new text begin (c) When the commissioner of transportation finds, after notice and hearing, that rail
carrier employees who frequently work adjacent to a portion of track performing switching
activities are exposed to safety hazards due to the lack of a walkway or to the condition of
a walkway constructed before July 1, 2008, the commissioner shall order the rail carrier
to construct a walkway adjacent to a portion of track where employees are performing
switching activities, or require a rail carrier to modify an existing walkway in conformance
with the standards set forth in section 219.373 within a reasonable period of time.
new text end

new text begin (d) For purposes of this section, "frequently" means at least five days per week, one
shift per day, or any other period deemed "frequently" by the commissioner to warrant
an order pursuant to this section.
new text end

Sec. 4.

new text begin [219.375] EXCEPTIONS TO COMPLIANCE.
new text end

new text begin Rail carriers are excused from complying with sections 219.372 to 219.378 during
maintenance activities or any period of heavy rain or snow, derailments, rock and earth
slides, washouts, and similar weather or seismic conditions, and during a reasonable
period afterwards to allow a return to compliance.
new text end

Sec. 5.

new text begin [219.376] WAIVERS.
new text end

new text begin A rail carrier may petition the commissioner of transportation for a waiver of any
provision of sections 219.372 to 219.378 pursuant to section 218.041 or other applicable
statute.
new text end

Sec. 6.

new text begin [219.377] COMPLAINTS; ENFORCEMENT.
new text end

new text begin (a) A formal complaint of an alleged violation of sections 219.372 to 219.378 may
not be filed until the filing party has attempted to address the alleged violations with the
rail carrier. Any complaint of an alleged violation of sections 219.372 to 219.378 must
contain a written statement that the filing party has made a reasonable, good faith attempt
to address the alleged violation with the rail carrier.
new text end

new text begin (b) All formal complaints filed with the commissioner of transportation must be
resolved pursuant to procedures set forth in section 218.041 or other applicable statute.
new text end

Sec. 7.

new text begin [219.378] WALKWAY EXEMPTIONS.
new text end

new text begin (a) Sections 219.372, paragraphs (a), (c), and (d); 219.373; and 219.374, paragraphs
(a) and (b), do not apply to track placed in revenue service before the effective date of
this section until the date and time track and supporting structure are repaired, replaced,
resurfaced, or as otherwise ordered by the commissioner of transportation pursuant to
section 219.374 to eliminate an unsafe or hazardous condition.
new text end

new text begin (b) A small business that owns or operates any track in this state is exempt from
sections 219.372, paragraphs (a), (c), and (d); 219.373; 219.374, paragraphs (a) and (b);
219.375; and 219.376. On determining after notice and hearing that exempting a small
business that owns or operates any track in this state pursuant to paragraph (a) poses
an unreasonable threat or substantial harm to the public safety, the commissioner of
transportation shall order that business to eliminate any unsafe walkway condition.
new text end

new text begin (c) As used in this section, "small business" either has the meaning given in section
645.445 or is a class three carrier as classified by the Federal Railroad Administration.
new text end

Sec. 8. new text beginSHORT TITLE.
new text end

new text begin Sections 1 to 7 may be cited as the "Railroad Walkway Safety Act."
new text end

Sec. 9. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective July 1, 2008.
new text end

ARTICLE 3

CHAPTER 152 CHANGES

Section 1.

Minnesota Statutes 2006, section 161.081, subdivision 3, as amended by
Laws 2008, chapter 152, article 6, section 4, is amended to read:


Subd. 3.

Flexible highway account; deleted text beginturnbackdeleted text endnew text begin othernew text end accounts.

(a) The flexible
highway account is created in the state treasury. deleted text beginMoney indeleted text end The deleted text beginaccountdeleted text endnew text begin commissionernew text end
shall deleted text beginbe useddeleted text end:

(1) new text beginannually transfer new text endin fiscal deleted text beginyears 2009 anddeleted text endnew text begin yearnew text end 2010, 100 percent of the excess
sum, deleted text beginas calculated in paragraph (i),deleted text end and in fiscal years 2011 and thereafter, 50 percent of
the excess sum, deleted text beginas calculated in paragraph (i), for counties in the metropolitan area, as
defined in section 473.121, subdivision 4, but for the purposes of the calculation cities of
the first class will be excluded in the metropolitan area; and
deleted text endnew text begin to the metropolitan routes
of regional significance account under subdivision 4; and
new text end

(2) deleted text beginofdeleted text endnew text begin expendnew text end the amount available in the flexible highway account deleted text beginless the amountdeleted text endnew text begin,
after the transfer
new text end under clause (1), as determined by the commissioner under this deleted text beginsectiondeleted text endnew text begin
subdivision,
new text end for:

(i) restoration of former trunk highways that have reverted to counties or to statutory
or home rule charter cities, or for trunk highways that will be restored and subsequently
turned back by agreement between the commissioner and the local road authority;

(ii) safety improvements on county highways, municipal highways, streets, or town
roads; and

(iii) new text beginstatewide new text endroutes of regional significance.

(b) For purposes of this subdivision, "restoration" means the level of effort required
to improve the route that will be turned back to an acceptable condition as determined
by agreement made between the commissioner and the county or city before the route
is turned back.

(c) The commissioner shall review the need for funds to restore highways that have
been or will be turned back. The commissioner shall determine, on a biennial basis, the
percentage of funds in the flexible highway account to be distributed to each district,
and within each district the percentage to be used for each of the purposes specified in
paragraph (a)new text begin, clause (2)new text end. Money in the account may be used for safety improvements
and routes of regional significance only after money is set aside to restore the identified
turnbacks. The commissioner shall make these determinations only after meeting and
holding discussions with committees selected by the statewide associations of both county
commissioners and municipal officials. The commissioner shall, to the extent feasible,
annually allocate 50 percent of the funds in the flexible highway account new text beginunder paragraph
(a), clause (2),
new text endto the department's metropolitan district, and 50 percent to districts in
greater Minnesota.

(d) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to cities must be deposited in the municipal turnback account, which is
created in the state treasury.

(e) Money that will be used for the restoration of trunk highways that have reverted
or that will revert to counties must be deposited in the county turnback account, which is
created in the state treasury.

(f) Money that will be used for safety improvements must be deposited in the
highway safety improvement account, which is created in the state treasury to be used
as grants to statutory or home rule charter cities, towns, and counties to assist in paying
the costs of constructing or reconstructing city streets, county highways, or town roads
to reduce crashes, deaths, injuries, and property damage.

(g) Money that will be used for new text beginstatewide new text endroutes of regional significance must be
deposited in the new text beginstatewide new text endroutes of regional significance account, which is created in
the state treasury, and used as grants to statutory or home rule charter cities, towns, and
counties to assist in paying the costs of constructing or reconstructing city streets, county
highways, or town roads with statewide or regional significance that have not been fully
funded through other state, federal, or local funding sources.

(h) As part of each biennial budget submission to the legislature, the commissioner
shall describe how the money in the flexible highway account will be apportioned among
the county turnback account, the municipal turnback account, the trunk highway fund for
routes turned back to local governments by agreement, the highway safety improvement
account, and the new text beginstatewide new text endroutes of regional significance account.

deleted text begin (i) The excess sum is calculated as the sum of revenue within the flexible highway
account:
deleted text end

deleted text begin (1) attributed to that portion of the gasoline excise tax rate under section 296A.07,
subdivision 3
, in excess of 20 cents per gallon, and to that portion of the excise tax rates
in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section
296A.08, subdivision 2;
deleted text end

deleted text begin (2) attributed to a change in the passenger vehicle registration tax under section
168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
the calendar year previous to the current calendar year, divided by the annual average
United States Consumer Price Index for calendar year 2007; and
deleted text end

deleted text begin (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
percentage allocated to the flexible highway account in fiscal year 2007.
deleted text end

deleted text begin (j) For purposes of this subdivision, the United States Consumer Price Index
identified in paragraph (i), clause (2), is for all urban consumers, United States city
average, as determined by the United States Department of Labor.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Metropolitan routes of regional significance account. new text end

new text begin (a) For purposes
of this subdivision, the following terms have the meanings given them:
new text end

new text begin (1) "metropolitan area" has the meaning given in section 473.121, subdivision 4; and
new text end

new text begin (2) "population" has the meaning given in section 477A.011, subdivision 3, except
that it excludes the three most populous cities in the metropolitan area.
new text end

new text begin (b) The metropolitan routes of regional significance account is created in the state
treasury. Funds in the account are for allocation to metropolitan counties to assist in
paying the costs of construction, reconstruction, or maintenance of county highways with
statewide or regional significance that have not been fully funded through other state,
federal, or local funding sources.
new text end

new text begin (c) The commissioner shall allocate funds in the account to counties in the
metropolitan area so that each county receives an amount proportional to the percentage
that its population, estimated or established by July 15 of the year prior to the current
calendar year, bears to the total population of the counties receiving funds under this
subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2006, section 161.081, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Excess sum. new text end

new text begin (a) For purposes of this section, "excess sum" means an
amount calculated by the commissioner as the sum of revenue within the flexible highway
account:
new text end

new text begin (1) attributed to that portion of the gasoline excise tax rate under section 296A.07,
subdivision 3
, in excess of 20 cents per gallon, and to that portion of the excise tax rates
in excess of the energy equivalent of a gasoline excise tax rate of 20 cents per gallon
for E85 and M85 under section 296A.07, subdivision 3, and special fuel under section
296A.08, subdivision 2;
new text end

new text begin (2) attributed to a change in the passenger vehicle registration tax under section
168.013, imposed on or after July 1, 2008, that exceeds (i) the amount collected in fiscal
year 2008, multiplied by (ii) the annual average United States Consumer Price Index for
the calendar year previous to the current calendar year, divided by the annual average
United States Consumer Price Index for calendar year 2007; and
new text end

new text begin (3) attributed to that portion of the motor vehicle sales tax revenue in excess of the
percentage allocated to the flexible highway account in fiscal year 2007.
new text end

new text begin (b) For purposes of this subdivision, the United States Consumer Price Index
identified in paragraph (a), clause (2), is for all urban consumers, United States city
average, as determined by the United States Department of Labor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 4.

Laws 2008, chapter 152, article 2, section 1, is amended to read:


Section 1.

[296A.083] DEBT SERVICE SURCHARGE.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have
the meanings given them:

(1) "debt service" means the amount of principal and interest in each fiscal year
attributable to the trunk highway bonds authorized in this article; and

(2) "surcharge" means the rate imposed under this section on gasoline taxed under
section 296A.07, subdivision 3, clause (3), and includes a proportional rate for each type
of fuel taxed under sections 296A.07, subdivision 3, clauses (1) and (2), and 296A.08,
subdivision 2
.

Subd. 2.

Debt service forecast.

On June 30, 2008, and each March 1 thereafter, the
commissioner of finance shall report to the commissioner of revenue on trunk highway
debt service. The report must include the annual amount of revenue from the surcharge
previously deposited in the trunk highway fund, and a forecast of the total and annual
amounts necessary to pay the remaining debt service.

Subd. 3.

Surcharge rate.

(a) By July 16, 2008, and each April 1 thereafter, the
commissioner of revenue shall calculate and publish a surcharge as provided in paragraphs
(b) and (c). The surcharge is imposed from August 1, 2008, through June 30, 2009, and
each new surcharge thereafter is imposed the following July 1 through June 30.

(b) For fiscal years 2009 through 2012, the commissioner shall set the surcharge as
specified in the following surcharge rate schedule.

Surcharge Rate Schedule
Fiscal Year
Rate (in cents
per gallon)
2009
0.5
2010
2.1
2011
2.5
2012
3.0

(c) For fiscal year 2013 and thereafter, the commissioner shall set the surcharge at
the lesser of (1) 3.5 cents, or (2) an amount calculated so that the total proceeds from the
surcharge deposited in the trunk highway fund from fiscal year 2009 to the upcoming
fiscal year equals the total amount of debt service from fiscal years 2009 to 2039, and the
surcharge is rounded to the nearest 0.1 cent.

new text begin Subd. 4. new text end

new text begin Surcharge administration. new text end

new text begin The audit, assessment, appeal, collection,
enforcement, penalty, interest, refund, and administrative provisions that apply to the taxes
in this chapter apply to the surcharge imposed by this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Laws 2008, chapter 152, article 2, section 3, subdivision 2, is amended to read:


Subd. 2.

State Road Construction

1,717,694,000

(a) For the actual construction,
reconstruction, and improvement of
trunk highways, including design-build
contracts and consultant usage to support
these activities. This includes the cost
of actual payments to landowners for
lands acquired for highway rights-of-way,
payments to lessees, interest subsidies, and
relocation expenses. This appropriation is in
the following amounts:

(1) $417,694,000 in fiscal year 2009, and the
commissioner may use up to $71,008,000 of
this amount for program delivery;

(2) $500,000,000 in fiscal year 2010, and the
commissioner may use up to $85,000,000 of
this amount for program delivery; and

(3) $100,000,000 in each fiscal year for
fiscal years 2011 through 2018, and the
commissioner may use up to $17,000,000 of
the amount in each fiscal year for program
delivery.

(b) Of the amount in fiscal year 2009,
$40,000,000 is for construction of
interchangesnew text begin and intersectionsnew text end involving
a trunk highway, where the interchangenew text begin
or intersection
new text end will promote economic
development, increase employment, relieve
growing traffic congestion, and promote
traffic safety. The amount under this
paragraph must be allocated 50 percent to
the department's metropolitan district, and 50
percent to districts in greater Minnesota.

(c) Of the amount in fiscal years 2009
and 2010, the commissioner shall use
$300,000,000 each year for predesign,
design, preliminary engineering,
right-of-way acquisition,new text begin reasonable
approaches,
new text end construction, reconstruction,
and maintenance of bridges in the trunk
highway bridge improvement program under
Minnesota Statutes, section 165.14.

(d) Of the total appropriation under this
subdivision, the commissioner shall use at
least $50,000,000 for accelerating transit
facility improvements on or adjacent to trunk
highways.

(e) Of the total appropriation under this
subdivision provided to the Department
of Transportation's district 7,new text begin excluding
the amount allocated to district 7 under
paragraph (c),
new text end the commissioner shall first
expend funds as necessary to accelerate all
projects that (1) are on a trunk highway
classified as a medium priority interregional
corridor, (2) are included in the district's
long-range transportation plan, but are
not included in the state transportation
improvement program or the ten-year
highway work plan, and (3) expand capacity
from a two-lane highway to a freeway
or expressway, as defined in Minnesota
Statutes, section 160.02, subdivision 19. The
commissioner shall establish as the highest
priority under this paragraph any project that
currently has a final environmental impact
statement completed. The requirement
under this paragraph does not change the
department's funding allocation process
or the amount otherwise allocated to each
transportation district.

new text begin (f) Notwithstanding Minnesota Statutes,
section 16A.642, the appropriation under this
subdivision does not expire and may not be
canceled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Laws 2008, chapter 152, article 3, section 6, is amended to read:


Sec. 6. SPECIAL FUEL EXCISE TAX; TRANSITION PROVISION.

Notwithstanding Minnesota Statutes, section 296A.08, subdivision 2, before October
1, 2008, the special fuel excise tax is imposed at the following rates:

(a) Liquefied petroleum gas or propane is taxed at the rate of 16.5 cents per gallon.

(b) Liquefied natural gas is taxed at the rate of 13.2 cents per gallon.

(c) Compressed natural gas is taxed at the rate of deleted text begin$1.1913deleted text end new text begin$1.913 new text endper thousand
cubic feet; or 22 cents per gasoline equivalent. For purposes of this paragraph, "gasoline
equivalent," as defined by the National Conference on Weights and Measures, is 5.66
pounds of gas.

(d) All other special fuel is taxed at the same rate as the gasoline excise tax as
specified in section 4. The tax is payable in the form and manner prescribed by the
commissioner.

EFFECTIVE DATE.

This section is effective deleted text beginon the first day of the month
following 21 days after the date of enactment
deleted text endnew text begin April 1, 2008new text end, and applies to all gasoline,
undyed diesel fuel, and special fuel in distributor storage on that date. This section
expires October 1, 2008.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Laws 2008, chapter 152, article 3, section 8, is amended to read:


Sec. 8.

Minnesota Statutes 2006, section 297A.815, is amended by adding a
subdivision to read:


Subd. 3.

Motor vehicle lease sales tax revenue.

(a) For purposes of this
subdivision, "net revenue" means an amount equal to:

(1) the revenues, including interest and penalties, collected under section 297A.815,
during the fiscal year; less

(2) the estimated reduction in individual income tax receipts and the estimated
amount of refunds paid out under section 290.06, subdivision 34, for the fiscal year.

(b) On or before June 30 of each fiscal year, the commissioner of revenue shall
estimate the amount of the revenues and subtraction under paragraph (a) for the current
fiscal year.

(c) On or after July 1 of the subsequent fiscal year, the commissioner of finance shall
transfer the net revenue as estimated in paragraph (b) from the general fund, as follows:

(1) 50 percent to the greater Minnesota transit account; and

(2) 50 percent to the deleted text begincounty state-aid highway fund. Notwithstanding any other law
to the contrary, the commissioner of transportation shall allocate the funds transferred
under this clause to the counties in the metropolitan area, as defined in section 473.121,
subdivision 4
, excluding the counties of Hennepin and Ramsey, so that each county shall
receive of such amount the percentage that its population, as defined in section 477A.011,
subdivision 3
, estimated or established by July 15 of the year prior to the current calendar
year, bears to the total population of the counties receiving funds under this clause
deleted text endnew text begin
metropolitan routes of regional significance account under section 161.081, subdivision 4
new text end.

(d) For fiscal years 2010 and 2011, the amount under paragraph (a), clause (1), must
be calculated using the following percentages of the total revenues:

(1) for fiscal year 2010, 83.75 percent; and

(2) for fiscal year 2011, 93.75 percent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 8.

Laws 2008, chapter 152, article 6, section 7, is amended to read:


Sec. 7.

[398A.10] TRANSIT FUNDING.

Subdivision 1.

Capital costs.

A county regional railroad authority may not
contribute more than ten percent of the capital costs of a light rail transit or commuter rail
project.new text begin This subdivision does not apply to a light rail transit project for which a county
regional railroad authority commits to providing an amount greater than ten percent of
the capital costs, if the commitment (1) is made before October 2, 2008, (2) is made as
part of an application for federal funds, and (3) is adjusted by the county regional railroad
authority to meet the requirements of this subdivision as part of the next scheduled federal
funding application for the project.
new text end

Subd. 2.

Operating and maintenance costs.

A county regional railroad authority
may not contribute any funds to pay the operating and maintenance costs for a light rail
transit or commuter rail project. If a county regional railroad authority is contributing
funds for operating and maintenance costs on a light rail transit or commuter rail project
on the date of the enactment of this act, the authority may continue to contribute funds
for these purposes until January 1, 2009.

Subd. 3.

Application.

This section only applies if a county has imposed the
metropolitan transportation sales and use tax under section 297A.992.

EFFECTIVE DATE.

deleted text begin This section is effective the day after the metropolitan
transportation area sales tax is imposed under Minnesota Statutes, section 297A.992,
subdivision 2
.
deleted text end new text begin This section is effective July 1, 2008.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end