SF 1089

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; modifying provisions
relating to Department of Transportation
responsibilities, the state mail system, streets and
highways, motor vehicles, commercial motor vehicles
and transportation, traffic accidents, government data
practices, traffic and parking regulations, Department
of Public Safety responsibilities, drivers' licenses
and training, state identification cards, railroads
and grade crossings, state airports and aviation,
commuter rail corridors, law enforcement quotas, motor
fuel prices, Metropolitan Council membership and
responsibilities, public transit, common real property
ownership association responsibilities, Metropolitan
Airports Commission responsibilities, wetland
replacement near the city of Cologne, the vehicle
insurance sampling program, the National Veterans
Wheelchair Games, permits, and fees; making technical
corrections to certain transportation funding
provisions, if enacted; making technical and
clarifying changes; amending Minnesota Statutes 2004,
sections 13.44, subdivision 3; 16B.49; 117.036;
160.80, subdivision 1a; 160.93, subdivision 4;
161.368; 161.442; 162.02, subdivisions 2, 3a; 162.09,
subdivisions 2, 3a; 162.14, subdivision 6; 168.011,
subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding
subdivisions; 168.012, subdivision 1; 168.031;
168.091, subdivision 1; 168.15, subdivision 1; 168.16;
168.185; 168.27, by adding a subdivision; 168.31,
subdivision 5; 168.346; 168A.04, by adding a
subdivision; 168A.20, by adding a subdivision; 169.01,
subdivisions 75, 76, 81, by adding subdivisions;
169.06, subdivisions 5, 6, by adding a subdivision;
169.09, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 11,
12, 14, 15, by adding subdivisions; 169.14,
subdivisions 2, 4, 5, 5a, by adding subdivisions;
169.28, subdivision 2; 169.345, subdivision 1;
169.346, subdivisions 1, 2; 169.448, by adding a
subdivision; 169.522; 169.685, subdivisions 5, 6;
169.686, subdivision 1; 169.71, subdivision 1;
169.733; 169.81, subdivision 3c; 169.824, subdivision
2; 169.85, subdivisions 1, 6; 169.86, subdivision 5;
169.87, subdivisions 4, 5; 169.99, subdivision 1b;
169A.52, subdivision 3; 171.01, subdivisions 22, 35,
47, by adding a subdivision; 171.02; 171.03; 171.04,
subdivision 2; 171.05, subdivisions 1, 2, 2b; 171.055,
subdivision 2; 171.07, subdivisions 1, 3; 171.09;
171.12, subdivisions 3, 6, 7; 171.165, subdivisions 1,
2, 6; 171.17, subdivision 1; 171.30, subdivision 1;
174.03, by adding a subdivision; 174.86, subdivision
5; 192.502, subdivision 2; 197.65; 219.166; 219.567;
296A.07, subdivision 3, as amended, if enacted;
296A.08, subdivision 2, as amended, if enacted;
297A.94, as amended, if enacted; 297B.09, subdivision
1, as amended, if enacted; 299D.08; 360.66, by adding
a subdivision; 473.123, subdivisions 2a, 3; 473.446,
subdivision 3; 473.4461; 473.604, subdivision 1;
515B.1-107; 515B.3-102; proposing coding for new law
in Minnesota Statutes, chapters 160; 162; 169; 171;
174; repealing Minnesota Statutes 2004, sections
168.011, subdivision 19; 168.15, subdivision 2;
169.09, subdivision 10; 170.55; 171.165, subdivisions
3, 4, 4a, 4b; 325D.01, subdivisions 11, 12; 325D.71;
Minnesota Rules, part 7503.2400.

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

ARTICLE 1

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2004, section 13.44,
subdivision 3, is amended to read:

Subd. 3.

Real property; appraisal data.

(a) [
CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or
appraised values of individual parcels of real property deleted text begin which
deleted text end new text begin that new text end are made by personnel of the state deleted text begin , its agencies and
departments, deleted text end or a political subdivision or by independent
appraisers acting for the state deleted text begin , its agencies and departments,
deleted text end or a political subdivision for the purpose of selling or
acquiring land through purchase or condemnation are classified
as confidential data on individuals or protected nonpublic data.

(b) [PRIVATE OR NONPUBLIC DATA.] new text begin Appraised values of
individual parcels of real property that are made by appraisers
working for fee owners or contract purchasers who have received
an offer to purchase their property from the state or a
political subdivision are classified as private data on
individuals or nonpublic data.
new text end

new text begin (c) new text end [PUBLIC DATA.] The data made confidential or protected
nonpublic deleted text begin by the provisions of deleted text end new text begin under new text end paragraph (a) deleted text begin shall deleted text end new text begin or made
private or nonpublic under paragraph (b) new text end become public upon the
occurrence of any of the following:

(1) deleted text begin the negotiating parties exchange appraisals;
deleted text end

deleted text begin (2) deleted text end the data are submitted to a court new text begin - new text end appointed
condemnation commissioner;

deleted text begin (3) deleted text end new text begin (2) new text end the data are presented in court in condemnation
proceedings; new text begin or
new text end

deleted text begin (4) deleted text end new text begin (3) new text end the negotiating parties enter into an agreement for
the purchase and sale of the property deleted text begin ; or
deleted text end

deleted text begin (5) the data are submitted to the owner under section
117.036 deleted 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. 2.

Minnesota Statutes 2004, section 16B.49, is
amended to read:

16B.49 CENTRAL MAILING SYSTEM.

new text begin (a) new text end The commissioner shall maintain and operate for state
agencies, departments, institutions, and offices a central mail
handling unit. Official, outgoing mail for units in St. Paul
must be delivered unstamped to the unit. The unit shall also
operate an interoffice mail distribution system. The department
may add personnel and acquire equipment that may be necessary to
operate the unit efficiently and cost-effectively. Account must
be kept of the postage required on that mail, which is then a
proper charge against the agency delivering the mail. To
provide funds for the payment of postage, each agency shall make
advance payments to the commissioner sufficient to cover its
postage obligations for at least 60 days. For purposes of this
section, the Minnesota State Colleges and Universities is a
state agency.

new text begin (b) Notwithstanding paragraph (a) or section 16C.09, the
commissioner may approve the performance of mail-related
functions by an agency outside the state's central mail-handling
unit if the agency demonstrates it furthers program
effectiveness, better use of services, greater efficiency, or
greater economy in state government.
new text end

Sec. 3.

Minnesota Statutes 2004, section 117.036, is
amended to read:

117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS APPLICABLE
TO ACQUISITION OF PROPERTY FOR TRANSPORTATION PURPOSES.

Subdivision 1.

Application.

This section applies to the
acquisition of property for public highways, streets, roads,
alleys, airports, mass transit facilities, or for other
transportation facilities or purposes.

Subd. 2.

Appraisal.

(a) Before deleted text begin commencing an eminent
domain proceeding under this chapter deleted text end new text begin acquiring an interest in
real property new text end , the acquiring authority must obtain at least one
appraisal for the property proposed to be acquired. In making
the appraisal, the appraiser must confer with one or more of the
new text begin fee new text end owners new text begin or contract purchasers new text end of the property, if reasonably
possible. new text begin Notwithstanding section 13.44 or any other law to the
contrary, the acquiring authority must provide the fee owner or
contract purchaser with a copy of the current appraisal new text end at least
20 days before presenting a petition under section 117.055, deleted text begin the
acquiring authority must provide the owner with a copy of the
appraisal deleted text end and inform the deleted text begin owner of the owner's deleted text end new text begin fee owner or
contract purchaser of the new text end right to obtain an appraisal under
this section. new text begin Upon request, the acquiring authority must make
available to the fee owner or contract purchaser all appraisals
of the property.
new text end

(b) The new text begin fee new text end owner new text begin or contract purchaser new text end may obtain an
appraisal by a qualified appraiser of the property proposed to
be acquired. The new text begin fee new text end owner new text begin or contract purchaser new text end is entitled to
reimbursement for the reasonable costs of the appraisal from the
acquiring authority up to a maximum of $1,500 deleted text begin within 30 days
after the deleted text end new text begin if the fee new text end owner new text begin or contract purchaser:
new text end

new text begin (1) new text end submits to the acquiring authority new text begin a copy of the
appraisal and new text end the information necessary for reimbursement deleted text begin ,
provided that the owner does so deleted text end new text begin ;
new text end

new text begin (2) requests reimbursement new text end within deleted text begin 60 deleted text end new text begin 90 new text end days after deleted text begin the
owner receives deleted text end new text begin receiving new text end the appraisal from the authority under
paragraph (a) new text begin ; and
new text end

new text begin (3) ensures that the appraisal is conducted in accordance
with the Uniform Standards of Professional Appraisal Practice new text end .

new text begin The acquiring authority must pay the reimbursement to the fee
owner or contract purchaser within 30 days after receiving a
copy of the appraisal and the reimbursement information. Upon
agreement between the acquiring authority and either the fee
owner or contract purchaser, the acquiring authority may pay the
reimbursement up to $1,500 directly to the appraiser new text end .

Subd. 3.

Negotiation.

In addition to the appraisal
requirements under subdivision 2, before commencing an eminent
domain proceeding, the acquiring authority must make a good
faith attempt to negotiate personally with the new text begin fee new text end owner new text begin or
contract purchaser new text end of the property in order to acquire the
property by direct purchase instead of the use of eminent domain
proceedings. In making this negotiation, the acquiring
authority must consider the appraisals in its possession new text begin ,
including any appraisal obtained and furnished by the fee owner
or contract purchaser if available, new text end and other information that
may be relevant to a determination of damages under this chapter.

new text begin Subd. 4. new text end [CONDEMNATION COMMISSIONERS' HEARING.] new text begin (a)
Notwithstanding section 13.44, an owner's appraisal may not be
used or considered in a condemnation commissioners' hearing
conducted under section 117.085, nor may the owner's appraiser
testify, unless a copy of the owner's appraiser's written report
is provided to the acquiring authority at least five days before
the hearing.
new text end

new text begin (b) Notwithstanding section 13.44, the acquiring
authority's appraisal may not be used or considered in a
condemnation commissioners' hearing conducted under section
117.085, nor may the acquiring authority's appraiser testify,
unless a copy of the acquiring authority's appraiser's written
report is provided to the owner or contract purchaser at least
five days before the hearing.
new text end

Sec. 4.

Minnesota Statutes 2004, section 160.80,
subdivision 1a, is amended to read:

Subd. 1a.

Eligibility criteria for business panels.

(a)
To be eligible for a business panel on a logo sign panel, a
business establishment must:

(1) be open for business;

(2) have a sign on site that both identifies the business
and is visible to motorists;

(3) be open to everyone, regardless of race, religion,
color, age, sex, national origin, creed, marital status, sexual
orientation, or disability;

(4) not impose a cover charge or otherwise require
customers to purchase additional products or services; and

(5) meet the appropriate criteria in paragraphs (b) to (e).

(b) Gas businesses must provide vehicle services including
fuel and oil; restroom facilities and drinking water;
continuous, staffed operation at least 12 hours a day, seven
days a week; and public access to a telephone.

(c) Food businesses must serve at least two meals a day
during normal mealtimes of breakfast, lunch, and dinner; provide
a continuous, staffed food service operation at least ten hours
a day, seven days a week except holidays as defined in section
645.44, subdivision 5, and except as provided for seasonal food
service businesses; provide seating capacity for at least 20
people; deleted text begin serve meals prepared on the premises; deleted text end and possess any
required state or local licensing or approval. deleted text begin Reheated,
prepackaged, ready-to-eat food is not "food prepared on the
premises." deleted text end Seasonal food service businesses must provide a
continuous, staffed food service operation at least ten hours a
day, seven days a week, during their months of operation.

(d) Lodging businesses must include sleeping
accommodations, provide public access to a telephone, and
possess any required state or local licensing or approval.

(e) Camping businesses must include sites for camping,
include parking accommodations for each campsite, provide
sanitary facilities and drinking water, and possess any required
state or local licensing or approval.

(f) Businesses that do not meet the appropriate criteria in
paragraphs (b) to (e) but that have a signed lease as of January
1, 1998, may retain the business panel until December 31, 2005,
or until they withdraw from the program, whichever occurs first,
provided they continue to meet the criteria in effect in the
department's contract with the logo sign vendor on August 1,
1995. After December 31, 2005, or after withdrawing from the
program, a business must meet the appropriate criteria in
paragraphs (a) to (e) to qualify for a business panel.

(g) Seasonal businesses must indicate to motorists when
they are open for business by either putting the full months of
operation directly on the business panel or by having a "closed"
plaque applied to the business panel when the business is closed
for the season.

(h) The maximum distance that an eligible business in
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington
county can be located from the interchange is: for gas
businesses, one mile; for food businesses, two miles; for
lodging businesses, three miles; and for camping businesses, ten
miles.

(i) The maximum distance that an eligible business in any
other county can be located from the interchange shall not
exceed 15 miles in either direction.

(j) Logo sign panels must be erected so that motorists
approaching an interchange view the panels in the following
order: camping, lodging, food, gas.

(k) If there is insufficient space on a logo sign panel to
display all eligible businesses for a specific type of service,
the businesses closest to the interchange have priority over
businesses farther away from the interchange.

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.

Minnesota Statutes 2004, section 160.93,
subdivision 4, is amended to read:

Subd. 4.

Prohibition.

No person may operate a
single-occupant vehicle in a designated high-occupancy vehicle
lane except in compliance with the requirements of the
commissioner. new text begin The commissioner shall designate off-peak hours,
during which user fees may not be charged for the use of
high-occupancy vehicle lanes that are not separated by a
physical barrier from unrestricted lanes. new text end A person who violates
this subdivision is guilty of a petty misdemeanor and is subject
to sections 169.89, subdivisions 1, 2, and 4, and 169.891 and
any other provision of chapter 169 applicable to the commission
of a petty misdemeanor traffic offense.

Sec. 6.

new text begin [160.94] USE OF HIGHWAY LANES BY HYBRID
VEHICLES.
new text end

new text begin Subdivision 1. new text end

new text begin Hybrid vehicle. new text end

new text begin For the purposes of this
section, "hybrid vehicle" means a motor vehicle that:
new text end

new text begin (1) has a hybrid propulsion system that operates both with
an internal combustion engine and on electric propulsion;
new text end

new text begin (2) has a fuel efficiency of greater than 28 miles per
gallon in highway use and 33 miles per gallon in city use, as
certified by the United States Environmental Protection Agency;
and
new text end

new text begin (3) conforms to any requirements for such a vehicle in
federal law or regulation.
new text end

new text begin Subd. 2. new text end

new text begin Use of hov lanes by hybrid vehicles. new text end

new text begin Unless
otherwise prohibited by federal law or regulation, and with the
approval of the Federal Highway Administration, the commissioner
shall:
new text end

new text begin (1) allow an operator of a single-occupant, hybrid vehicle
to use any high-occupancy vehicle lane on the trunk highway
system, regardless of occupancy requirements established for
other types of vehicles; and
new text end

new text begin (2) allow the operator of a hybrid vehicle to use a lane of
a trunk highway, other than a toll bridge, on which a toll is
imposed for certain vehicles, without payment of such a toll.
new text end

new text begin Subd. 3. new text end

new text begin Decals. new text end

new text begin The commissioner shall issue to the
owner of a hybrid vehicle upon request of the owner and upon
payment of a fee of $15, a distinctive decal or other identifier
to be affixed to the vehicle, clearly identifying the vehicle as
a hybrid vehicle. A person operating a vehicle lawfully
displaying such a decal has the privileges granted by the
commissioner under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Violation. new text end

new text begin A person may not operate a vehicle
that displays a decal or other identifier issued under this
section in a high-occupancy vehicle lane or toll lane if that
decal or identifier was not issued for that vehicle. A
violation of this subdivision is a misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires July 31, 2007.
new text end

Sec. 7.

Minnesota Statutes 2004, section 161.368, is
amended to read:

161.368 HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.

On behalf of the state, the commissioner may enter into
deleted text begin cost-sharing deleted text end agreements with Indian tribal authorities for the
purpose of providing maintenance, design, and construction to
highways on tribal lands. These agreements may include (1) a
provision for waiver of immunity from suit by a party to the
contract on the part of the tribal authority with respect to any
controversy arising out of the contract and (2) a provision
conferring jurisdiction on state district courts to hear such a
controversy.

Sec. 8.

Minnesota Statutes 2004, section 161.442, is
amended to read:

161.442 RECONVEYANCE TO FORMER OWNER.

Notwithstanding sections 161.23, 161.41, 161.411, 161.43,
161.44, or any other statute, the commissioner of
transportation, with the consent of the owner, new text begin or for good cause
and with the consent of the court, new text end may transfer, sell, or convey
real property including fixtures, and interests in real property
including easements, to the owner from whom the property was
acquired by the state for trunk highway purposes through a
pending eminent domain action. The transfer of title may be by
stipulation, partial dismissal, bill of sale, or conveyance.
Any resulting change in the state's acquisition must be
explained in the final certificate for that action. This
provision does not confer on a landowner the right to compel a
reconveyance without the consent of the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2004, section 162.02,
subdivision 2, is amended to read:

Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text begin which shall be deleted text end selected by the several
county boards acting through the officers of the statewide
association of county commissioners. The committee shall be
composed of nine members so selected that each member shall be
from a different state highway construction district. Not more
than five of the nine members of the committee shall be county
commissioners. The remaining members shall be county highway
engineers. In the event that agreement cannot be reached on any
rule, the commissioner's determination shall be final. The
rules shall be printed and copies deleted text begin thereof shall be deleted text end forwarded to
the county engineers of the several counties. new text begin For the purposes
of this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.

Sec. 10.

Minnesota Statutes 2004, section 162.02,
subdivision 3a, is amended to read:

Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.021 or 162.07, subdivision 2. A political subdivision in
which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that highway. The commissioner shall publish
notice of the request in the State Register and give notice to
all persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin 20 deleted text end new text begin seven new text end days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 11.

new text begin [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
STATE.
new text end

new text begin When a county state-aid highway route is so located that in
order to achieve the designated objectives the commissioner
determines that it is necessary to construct the highway across
a portion of another county or state, the county initiating the
construction is authorized to spend county state-aid highway
funds for that purpose in the same manner as other expenditures
for county state-aid highway purposes are made. No part of that
highway may be constructed in another county until both counties
approve the construction.
new text end

Sec. 12.

Minnesota Statutes 2004, section 162.09,
subdivision 2, is amended to read:

Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text begin which shall be deleted text end selected by the governing
bodies of such cities, acting through the officers of the
statewide association of municipal officials. The committee
shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in
addition one member from each city of the first class. Not more
than six members of the committee shall be elected officials of
the cities. The remaining members of the committee shall be
city engineers. In the event that agreement cannot be reached
on any rule the commissioner's determination shall be final.
The rules shall be printed and copies deleted text begin thereof shall be deleted text end forwarded
to the clerks and engineers of the cities. new text begin For the purposes of
this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.

Sec. 13.

Minnesota Statutes 2004, section 162.09,
subdivision 3a, is amended to read:

Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.13, subdivision 2. A political subdivision in which a
municipal state-aid street is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that street. The commissioner shall publish notice
of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin 20 deleted text end new text begin seven new text end days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 14.

new text begin [162.091] CONSTRUCTION ACROSS ANOTHER
MUNICIPALITY OR STATE.
new text end

new text begin When a municipal state-aid street route is so located that
in order to achieve the designated objectives the commissioner
determines that it is necessary to construct the street across a
portion of another municipality or state, the municipality
initiating the construction is authorized to spend municipal
state-aid street funds for that purpose in the same manner as
other expenditures for municipal state-aid street purposes are
made. No part of that street may be constructed in another
municipality until both municipalities approve the construction.
new text end

Sec. 15.

Minnesota Statutes 2004, section 162.14,
subdivision 6, is amended to read:

Subd. 6.

Advances.

Any such city may make advances from
any funds available to it for the purpose of expediting the
construction, reconstruction, improvement, or maintenance of its
municipal state-aid street system deleted text begin ; provided that such advances
shall not exceed the city's total estimated apportionment for
the three years following the year the advance is made deleted text end .
Advances made by any such city shall be repaid out of subsequent
apportionments made to such city in accordance with the
commissioner's rules.

Sec. 16.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the
commissioner of the Minnesota Department of Public Safety.
new text end

Sec. 17.

Minnesota Statutes 2004, section 168.011,
subdivision 3, is amended to read:

Subd. 3.

Highway.

deleted text begin A deleted text end "Highway" deleted text begin is any public thoroughfare
for vehicles, including streets in cities deleted text end new text begin has the meaning given
in section 169.01, subdivision 29 new text end .

Sec. 18.

Minnesota Statutes 2004, section 168.011,
subdivision 4, is amended to read:

Subd. 4.

Motor vehicle.

(a) "Motor vehicle" means any
self-propelled vehicle designed and originally manufactured to
operate primarily deleted text begin upon public roads and deleted text end new text begin on new text end highways, and not
operated exclusively upon railroad tracks. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails. It does not include snowmobiles,
manufactured homes, or park trailers.

(b) "Motor vehicle" deleted text begin also deleted text end includes an all-terrain vehicle deleted text begin ,
as defined in section 84.92, subdivision 8, that deleted text end new text begin only if the
all-terrain vehicle new text end (1) has at least four wheels, (2) is owned
and operated by a physically disabled person, and (3) displays
both physically disabled deleted text begin license deleted text end plates and a physically
disabled certificate issued under section 169.345, subdivision 3.

(c) "Motor vehicle" does not include an all-terrain vehicle
deleted text begin as defined in section 84.92, subdivision 8; deleted text end except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985. The owner may continue to license an all-terrain vehicle
described in clause (2) as a motor vehicle until it is conveyed
or otherwise transferred to another owner, is destroyed, or
fails to comply with the registration and licensing requirements
of this chapter.

(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.

Sec. 19.

Minnesota Statutes 2004, section 168.011,
subdivision 5, is amended to read:

Subd. 5.

Owner.

"Owner" means any person deleted text begin , firm,
association, or corporation deleted text end owning or deleted text begin renting deleted text end new text begin leasing new text end a deleted text begin motor
deleted text end vehicle, or having the exclusive use deleted text begin thereof deleted text end new text begin of the vehicle new text end ,
under a lease or otherwise, for a period deleted text begin of deleted text end greater than 30 days.

Sec. 20.

Minnesota Statutes 2004, section 168.011,
subdivision 5a, is amended to read:

Subd. 5a.

Registered owner.

"Registered owner" means any
person, deleted text begin firm, association, or corporation, deleted text end other than a secured
party, having title to a deleted text begin motor deleted text end vehicle. If a passenger
automobile deleted text begin , as defined in subdivision 7, deleted text end is under lease for a
term of 180 days or more, the lessee is deemed to be the
registered owner, for purposes of registration only deleted text begin , deleted text end new text begin ; new text end provided
that the application for renewal of the registration of a
passenger automobile deleted text begin described in this subdivision shall be deleted text end new text begin is
new text end sent to the lessor.

Sec. 21.

Minnesota Statutes 2004, section 168.011,
subdivision 6, is amended to read:

Subd. 6.

Tax deleted text begin , fee deleted text end .

"Tax" deleted text begin or "fee" deleted text end means the annual
new text begin registration new text end tax imposed on deleted text begin motor deleted text end vehicles in lieu of all other
taxes deleted text begin thereon deleted text end , except wheelage taxes deleted text begin , so-called, deleted text end which may be
imposed by any city new text begin , new text end and deleted text begin except deleted text end gross earnings taxes paid by
companies deleted text begin subject or made subject thereto deleted text end . deleted text begin Such deleted text end new text begin The new text end annual tax
deleted text begin shall be deemed deleted text end new text begin is new text end both a property tax and a highway use tax and
shall be on the basis of the calendar year.

Sec. 22.

Minnesota Statutes 2004, section 168.011,
subdivision 7, is amended to read:

Subd. 7.

Passenger automobile.

new text begin (a) new text end "Passenger automobile"
means any motor vehicle designed and used for carrying not more
than 15 deleted text begin persons deleted text end new text begin individuals new text end including the driver.

new text begin (b) new text end "Passenger automobile" does not include motorcycles,
motor scooters, deleted text begin and buses described in subdivision 9, paragraph
(a), clause (2) deleted text end new text begin buses, or school buses new text end .

new text begin (c) new text end deleted text begin For purposes of taxation only, " deleted text end Passenger automobile deleted text begin "
deleted text end includes pickup trucks and vans, including those vans designed
to carry passengers new text begin , new text end with a manufacturer's nominal rated
carrying capacity of one ton, but does not include commuter vans
as defined in section 168.126.

Sec. 23.

Minnesota Statutes 2004, section 168.011,
subdivision 25, is amended to read:

Subd. 25.

Recreational deleted text begin equipment deleted text end new text begin vehicle new text end .

(a)
"Recreational deleted text begin equipment deleted text end new text begin vehicle new text end " means travel trailers including
those deleted text begin which deleted text end new text begin that new text end telescope or fold down, chassis-mounted
campers, deleted text begin house cars, deleted text end motor homes, tent trailers, deleted text begin slip-in
campers, deleted text end and converted buses that provide temporary human living
quarters. deleted text begin A
deleted text end

new text begin (b) "Recreational new text end vehicle new text begin " new text end is deleted text begin considered to provide
temporary living quarters if it deleted text end new text begin a vehicle that new text end :

(1) is not used as the residence of the owner or occupant;

(2) is used deleted text begin for temporary living quarters by the owner or
occupant deleted text end while engaged in recreational or vacation activities;
and

(3) is new text begin either new text end self-propelled or towed on the deleted text begin public streets
or deleted text end highways incidental to the recreational or vacation
activities.

deleted text begin (b) For the purposes of this subdivision, a deleted text end new text begin Subd. 25a.
new text end [MOTOR HOME.] new text begin " new text end Motor home new text begin " new text end means a deleted text begin unit deleted text end new text begin recreational vehicle
new text end designed to provide temporary living quarters deleted text begin , deleted text end new text begin . The motor home
has a living unit new text end built into as an integral part of, or
permanently attached to new text begin the chassis of new text end , a deleted text begin self-propelled deleted text end motor
vehicle deleted text begin chassis deleted text end or van.

new text begin (a) new text end A motor home must contain permanently installed new text begin ,
new text end independent new text begin , new text end life new text begin - new text end support systems deleted text begin which deleted text end new text begin that new text end meet the American
National Standards Institute standard number A119.2 for
recreational vehicles and provide at least four of the following
facilities, two of which must be from the systems listed in
clauses (1), (5), and (6): (1) new text begin a new text end cooking facility with liquid
propane gas supply, (2) new text begin a new text end refrigerator, (3) new text begin a new text end self-contained
toilet or a toilet connected to a plumbing system with new text begin a
new text end connection for external water disposal, (4) new text begin a new text end heating or air
conditioning new text begin system new text end separate from the new text begin motor new text end vehicle engine, (5)
a potable water supply system including a sink with new text begin a new text end faucet
either self-contained or with connections for an external
source, and (6) new text begin a new text end separate 110-125 deleted text begin volt deleted text end new text begin volts new text end electrical power
supply.

new text begin (b) new text end For purposes of this subdivision, "permanently
installed" means built into or attached as an integral part of a
chassis or van, and designed not to be removed except for repair
or replacement. A system deleted text begin which deleted text end new text begin that new text end is readily removable or
held in place by clamps or tie-downs is not permanently
installed.

(c) Motor homes include deleted text begin but are not limited to, the
following deleted text end new text begin a new text end :

(1) type A motor home deleted text begin - deleted text end new text begin , which is new text end a raw chassis upon which
is built a driver's compartment and an entire body that provides
temporary living quarters as deleted text begin defined deleted text end new text begin described new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end ;

(2) type B motor home deleted text begin - deleted text end new text begin , which is new text end a deleted text begin van-type vehicle deleted text end new text begin van
new text end that conforms to the deleted text begin motor home definition deleted text end new text begin description new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end and has been completed or altered by deleted text begin the deleted text end new text begin a
new text end final-stage manufacturer; and

(3) type C motor home deleted text begin - deleted text end new text begin , which is new text end an incomplete vehicle
upon which is permanently attached a body designed to provide
temporary living quarters as deleted text begin defined deleted text end new text begin described new text end in deleted text begin this
deleted text end paragraph new text begin (a) new text end .

(d) new text begin A motor vehicle with a new text end slip-in deleted text begin campers are deleted text end new text begin camper or
other removable equipment that is new text end mounted into new text begin or on new text end a new text begin motor
new text end vehicle deleted text begin commonly known as a pickup truck, in the pickup box,
either by bolting through the floor of the pickup box or by
firmly clamping to the side of the pickup box. The vehicle
may deleted text end new text begin is not a motor home, is not a recreational vehicle, and must
new text end not be registered as a recreational vehicle new text begin under section
168.013 new text end .

Sec. 24.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 37. new text end

new text begin All-terrain vehicle. new text end

new text begin "All-terrain vehicle" has
the meaning given in section 84.92, subdivision 8.
new text end

Sec. 25.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 38. new text end

new text begin Person. new text end

new text begin "Person" has the meaning given in
section 168A.01, subdivision 14.
new text end

Sec. 26.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 39. new text end

new text begin Vehicle. new text end

new text begin "Vehicle" has the meaning given in
section 168A.01, subdivision 24.
new text end

Sec. 27.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 40. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the
commissioner of the Minnesota Department of Public Safety.
new text end

Sec. 28.

Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:

new text begin Subd. 41. new text end

new text begin State. new text end

new text begin "State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, or any territory or insular possession subject
to the jurisdiction of the United States.
new text end

Sec. 29.

Minnesota Statutes 2004, 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 new text begin charitable,
religious, or new text end educational purposes;

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

(6) new text begin motorized foot scooters as defined in section 169.01,
subdivision 4c; and
new text end

new text begin (7) new text end 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.

(g) 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, or licensed commercial
driving school, plainly displayed on both sides of the vehicle;
except that each state hospital and institution for the mentally
ill and mentally retarded 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. 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. 30.

Minnesota Statutes 2004, section 168.031, is
amended to read:

168.031 REGISTRATION EXEMPTION; new text begin ACTIVE new text end MILITARY deleted text begin -RELATED
deleted text end SERVICE.

(a) The motor vehicle of any person who engages in active
new text begin military new text end service deleted text begin in time of war or other emergency declared by
proper authority deleted text end in any new text begin branch or unit new text end of the deleted text begin military or naval
forces of the deleted text end United States new text begin armed forces new text end shall be exempt from
the motor vehicle registration tax during the period of such
active service and for deleted text begin 40 deleted text end new text begin 90 new text end days immediately thereafter if the
owner deleted text begin has filed deleted text end new text begin , before, during, or within 90 days after
completion of that active service, files new text end with the registrar of
motor vehicles a written application for exemption with such
proof of military service as the registrar may have required and
if the motor vehicle is not operated on a public highway within
the state new text begin during the requested period of exemption new text end , except by
the owner while on furlough or leave of absence new text begin from the
military new text end .

(b) The motor vehicle of any disabled war veteran, which
vehicle has been furnished free, in whole or in part, by the
United States government to said disabled veteran, shall be
exempt from the motor vehicle registration tax. The motor
vehicle owned and registered by a former prisoner of war that
bears the "EX-POW" plates is exempt from the motor vehicle
registration tax.

new text begin (c) For purposes of this section, the term "active service"
shall have the meaning given this term in section 190.05,
subdivisions 5b and 5c, but excludes service performed
exclusively for purposes of:
new text end

new text begin (1) annual training and other periodic inactive duty
training for National Guard and other reserve members;
new text end

new text begin (2) special training periodically made available to
National Guard and other reserve members;
new text end

new text begin (3) service performed in accordance with section 190.08,
subdivision 3; and
new text end

new text begin (4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to persons serving in
active military service on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2004, section 168.091,
subdivision 1, is amended to read:

Subdivision 1.

Nonresident buyer.

new text begin (a) new text end Upon payment of a
fee of $1, the deleted text begin registrar deleted text end new text begin commissioner new text end may issue a permit to a
nonresident purchasing a deleted text begin new or used motor deleted text end vehicle in this state
for the new text begin sole new text end purpose of allowing deleted text begin such nonresident to remove deleted text end the
vehicle new text begin to be removed new text end from this state deleted text begin for registration in
another state or country deleted text end . deleted text begin Such
deleted text end

new text begin (b) The new text end permit deleted text begin shall be deleted text end new text begin is new text end in lieu of any other
registration or taxation for use of the highways and deleted text begin shall be deleted text end new text begin is
new text end valid for a period of 31 days new text begin from the date of sale, trade, or
gift new text end .

new text begin (c) new text end The permit deleted text begin shall deleted text end new text begin must new text end be new text begin available new text end in deleted text begin such form deleted text end new text begin an
electronic format new text end as deleted text begin the registrar may determine and, whenever
practicable, shall be deleted text end new text begin determined by the commissioner.
new text end

new text begin (d) If the sale, gift, or trade information is
electronically transmitted to the commissioner by a dealer or
deputy registrar of motor vehicles, the $1 fee is waived.
new text end

new text begin (e) The permit must be new text end posted upon the left side of the
inside rear window of the vehicle new text begin or, if not practicable, where
it is plainly visible to law enforcement new text end . Each deleted text begin such
deleted text end permit deleted text begin shall be deleted text end new text begin is new text end valid only for the vehicle for which new text begin the
permit was new text end issued.

Sec. 32.

Minnesota Statutes 2004, section 168.15,
subdivision 1, is amended to read:

Subdivision 1.

Transfer of ownership.

(a) Upon the
transfer of ownership, destruction, theft, dismantling, or
permanent removal by the owner from this state of any deleted text begin motor
deleted text end vehicle registered in accordance with this chapter, the right of
the owner of the vehicle to use the registration certificate and
deleted text begin number deleted text end plates assigned to the vehicle expires.

(b) When the ownership of a deleted text begin motor deleted text end vehicle is transferred to
another deleted text begin resident of deleted text end new text begin person required to register the vehicle in
new text end this state, the transferor shall deleted text begin surrender the registration
plates, unless otherwise provided for in this chapter, and
deleted text end assign the registration tax paid to the credit of the transferee
new text begin unless the registration stickers are surrendered to the
commissioner before the first day of the new registration period new text end .

(c) When seeking to become the owner by gift, trade, or
purchase of any vehicle for which a registration certificate has
been issued under this chapter, a person shall join with the
registered owner in transmitting with the application new text begin for
transfer of ownership, new text end the registration certificate, with the
assignment and notice of sale duly executed deleted text begin upon the reverse
side, or, deleted text end new text begin .
new text end

new text begin (d) new text end In case of loss of the new text begin title or new text end certificate new text begin of
registration of a vehicle not subject to section 325E.15 new text end , new text begin the
person shall make application to the commissioner new text end with proof of
loss deleted text begin by sworn statement, in writing, and satisfactory to the
registrar deleted text end new text begin of the title as specified in section 168A.09 and
assign a notice of sale of the vehicle on the application for
title as specified in section 168A.04 new text end .

new text begin (e) new text end Upon the transfer of any deleted text begin motor deleted text end vehicle by a
manufacturer or dealer, for use within the state, whether by
sale, lease, or otherwise, the deleted text begin manufacturer or dealer deleted text end new text begin transferor
new text end shall, within ten days after the transfer, file with the
deleted text begin registrar deleted text end new text begin commissioner (1) new text end a notice deleted text begin or report deleted text end containing the
date of transfer, a description of the deleted text begin motor deleted text end vehicle, and the
transferee's name deleted text begin , street deleted text end and deleted text begin number of residence, if in a city,
and post office deleted text end new text begin residence new text end address new text begin in the state or if not a
natural person then the transferee's business and mailing
address new text end , and deleted text begin shall also transmit with it deleted text end new text begin (2) new text end the transferee's
application for registration.

Sec. 33.

Minnesota Statutes 2004, section 168.16, is
amended to read:

168.16 new text begin REGISTRATION TAX new text end REFUND; APPROPRIATION.

(a) After the new text begin registration new text end tax upon any deleted text begin motor deleted text end vehicle has
been paid for any deleted text begin year deleted text end new text begin registration period new text end , refund must be made
for errors made in computing the new text begin registration new text end tax or fees and
for the error on the part of an owner who may in error have
registered a deleted text begin motor deleted text end vehicle that was not before, nor at the time
of registration, nor at any time thereafter during the deleted text begin current
past year deleted text end new text begin preceding registration period new text end , subject to new text begin registration
new text end tax in this state as provided by section 168.012.

new text begin (b) new text end Unless otherwise provided in this chapter, a claim for
a refund of an overpayment of registration tax must be filed
within 3-1/2 years from the date of payment.

deleted text begin The refund must be made from any fund in possession of the
registrar and deducted from the registrar's monthly report to
the commissioner of finance. A detailed report of the refund
must accompany the report.
deleted text end

new text begin (c) new text end The former new text begin registered new text end owner of a transferred vehicle,
by an assignment in writing endorsed upon the registration
certificate and delivered to the deleted text begin registrar deleted text end new text begin commissioner new text end within
the time provided in this subdivision, shall assign, except for
vehicles registered under section 168.187, to the new owner the
right to have the tax paid by the former new text begin registered new text end owner
accredited to the new text begin new new text end owner who duly registers the vehicle
new text begin unless the registration stickers are surrendered to the
commissioner before the first day of the new registration period new text end .

new text begin (d) new text end Any owner deleted text begin at deleted text end new text begin is entitled to a refund of the unused
portion of the registration tax paid on the owner's vehicle upon
filing a claim, verified by the commissioner, if new text end the deleted text begin time of
such occurrence, whose deleted text end vehicle is new text begin :
new text end

new text begin (1) new text end declared by an insurance company to be deleted text begin a total loss due
to flood or tornado damage, deleted text end permanently destroyed deleted text begin , deleted text end new text begin due to
accident, fire, or an act of God as defined in section 115B.02;
new text end or

new text begin (2) new text end sold to the federal government, the state, or a
political subdivision of the state deleted text begin , shall upon filing a verified
claim be entitled to a refund of the unused portion of the tax
paid upon the vehicle, computed as follows: deleted text end new text begin .
new text end

deleted text begin (1) if the vehicle is registered under the calendar year
system of registration, the refund is computed pro rata by the
month, 1/12 of the annual tax paid for each month of the year
remaining after the month in which the plates and certificate
were returned to the registrar;
deleted text end

deleted text begin (2) if the vehicle is registered under the monthly series
system of registration, the amount of
deleted text end

new text begin (e) new text end The refund deleted text begin is deleted text end new text begin must be new text end equal to deleted text begin the sum of the amounts
of deleted text end the deleted text begin license fee deleted text end new text begin remaining registration tax new text end attributable deleted text begin to
those months remaining in deleted text end new text begin for new text end the deleted text begin licensing deleted text end new text begin registration new text end period
after the month in which the plates and certificate new text begin of
registration or title new text end were returned to the deleted text begin registrar
deleted text end new text begin commissioner new text end .

deleted text begin (b) deleted text end new text begin (f) new text end There is hereby appropriated to the persons
entitled to a refund, from the fund or account in the state
treasury to which the money was credited, an amount sufficient
to make the refund and payment.

Sec. 34.

Minnesota Statutes 2004, section 168.185, is
amended to read:

168.185 USDOT NUMBERS.

(a) An 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, other than a farm truck new text begin that is not used
in interstate commerce new text end , shall report to the registrar 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 registrar. new text begin The registrar shall
not assign a USDOT carrier number to a vehicle owner who is not
subject to this paragraph.
new text end

(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 registrar, 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 registrar 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 registrar shall suspend the owner's registration.

(d) Until 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.

Sec. 35.

Minnesota Statutes 2004, section 168.27, is
amended by adding a subdivision to read:

new text begin Subd. 28. new text end

new text begin E85 label. new text end

new text begin A licensed motor vehicle dealer who
offers for sale a vehicle that may be operated on E85 fuel,
within the meaning of section 296A.01, subdivision 19, must
affix to the vehicle a temporary label on the window or
windshield that identifies the automobile as capable of
operating on E85. The label must bear a logo approved by the
commissioner of commerce.
new text end

Sec. 36.

Minnesota Statutes 2004, section 168.31,
subdivision 5, is amended to read:

Subd. 5.

Refund.

For the deleted text begin annual deleted text end new text begin registration new text end tax paid on
any vehicle before the deleted text begin calendar year deleted text end new text begin registration period new text end for
which that tax was assessed, the owner of the vehicle who paid
the tax deleted text begin shall be deleted text end new text begin is new text end entitled to full refund if deleted text begin such vehicle is
permanently destroyed or removed from the state before the
calendar year for which the tax was paid or if it is not used at
all during the calendar year for which the tax was paid, and the
owner makes affidavit concerning the nonuse as provided by
section 168.012 deleted text end new text begin the registration stickers are surrendered before
the first day of the new registration period new text end .

Sec. 37.

Minnesota Statutes 2004, section 168.346, is
amended to read:

168.346 PRIVACY OF deleted text begin NAME OR RESIDENCE ADDRESS deleted text end new text begin PERSONAL
INFORMATION new text end .

deleted text begin (a) The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence address
or name and residence address and any information provided in
the classification request, other than the mailing address, are
private data on individuals and may be provided to requesting
law enforcement agencies, probation and parole agencies, and
public authorities, as defined in section 518.54, subdivision
9. deleted text end new text begin Subdivision 1. new text end [VEHICLE REGISTRATION DATA; FEDERAL
COMPLIANCE.] new text begin (a) Data on an individual provided to register a
vehicle is classified as provided by United States Code, title
18, section 2721, subsection (a).
new text end

(b) deleted text begin An individual deleted text end new text begin The new text end registered owner of a deleted text begin motor deleted text end vehicle
deleted text begin must be informed in a clear and conspicuous manner on the forms
for issuance or renewal of titles and registrations, that the
owner's personal information deleted text end new text begin who is an individual new text end may deleted text begin be
disclosed deleted text end new text begin consent in writing to the commissioner to disclose the
individual's personal information exempted by United States
Code, title 18, section 2721, subsection (a), new text end to any person who
makes a new text begin written new text end request for the personal information deleted text begin , and that,
except for uses permitted by United States Code, title 18,
section 2721, subsection (b), deleted text end new text begin . If new text end the registered owner deleted text begin may
prohibit disclosure of the personal information by so indicating
on the form deleted text end new text begin is an individual and so authorizes disclosure, the
commissioner shall implement the request new text end . deleted text begin For purposes of this
paragraph, access by requesters making requests described in
section 168.345, subdivision 4, is deemed to be related to
public safety.
deleted text end

(c) deleted text begin At the time of registration or renewal, deleted text end new text begin If authorized
by new text end the deleted text begin individual deleted text end registered owner deleted text begin of a motor vehicle must also
be informed in a clear and conspicuous manner on forms that deleted text end new text begin as
indicated in paragraph (b), new text end the new text begin registered new text end owner's personal
information may be used, rented, or sold solely for bulk
distribution by organizations for business purposes including
surveys, marketing, deleted text begin and deleted text end new text begin or new text end solicitation. deleted text begin The commissioner shall
implement methods and procedures that enable the registered
owner to request that bulk surveys, marketing, or solicitation
not be directed to the owner. If the registered owner so
requests, the commissioner shall implement the request in a
timely manner and the personal information may not be so used.
deleted text end

deleted text begin (d) deleted text end new text begin Subd. 2. new text end [PERSONAL INFORMATION DISCLOSURE FOR PUBLIC
SAFETY.] The commissioner shall disclose personal information
when the use is related to the operation new text begin or use new text end of a deleted text begin motor
deleted text end vehicle or new text begin to new text end public safety. The use of personal information is
related to public safety if it concerns the physical safety or
security of drivers, vehicles, pedestrians, or property. The
commissioner may refuse to disclose data under this deleted text begin paragraph
deleted text end new text begin subdivision new text end when the commissioner concludes that the requester
is likely to use the data for illegal, improper, or
noninvestigative purposes.

deleted text begin (e) To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to register a
motor vehicle is public data on individuals and shall be
disclosed as permitted by United States Code, title 18, section
2721, subsection (b). deleted text end new text begin Subd. 3. new text end [PRIVACY CLASSIFICATION FOR
PERSONAL SAFETY.] new text begin The registered owner of a vehicle who is an
individual may request, in writing, that the registered owner's
residence address or name and residence address be classified as
"private data on individuals," as defined in section 13.02,
subdivision 12. The commissioner shall grant the classification
on receipt of a signed statement by the registered owner that
the classification is required for the safety of the registered
owner or the registered owner's family, if the statement also
provides a valid, existing address where the registered owner
consents to receive service of process. The commissioner shall
use the service of process mailing address in place of the
registered owner's residence address in all documents and
notices pertaining to the vehicle. The residence address or
name and residence address and any information provided in the
classification request, other than the individual's service for
process mailing address, are private data on individuals but may
be provided to requesting law enforcement agencies, probation
and parole agencies, and public authorities, as defined in
section 518.54, subdivision 9.
new text end

Sec. 38.

Minnesota Statutes 2004, section 168A.04, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Alternate mailing address. new text end

new text begin If the United
States Postal Service will not deliver mail to the residence
address of a registered owner who is an individual as listed on
the title application, then the registered owner must provide
verification from the United States Postal Service that mail
will not be delivered to the registered owner's residence
address and that mail will be delivered to a specified alternate
mailing address. When an applicant provides an alternate
mailing address under this subdivision, the commissioner shall
use the alternate mailing address in lieu of the residence
address for all notices and mailings to the registered owner.
new text end

Sec. 39.

Minnesota Statutes 2004, section 168A.20, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Satisfaction of automobile lien seven years old;
release. new text end

new text begin (a) A security interest perfected under this chapter
expires seven years from the perfection date for a passenger
automobile, as defined in section 168.011, subdivision 7.
new text end

new text begin (b) A lien holder may notify the department in writing or
in a format approved by the department during the sixth year of
the lien, no later than 90 days in advance of the seven-year
anniversary, if the lien will not be satisfied during this
registration period and the lien must be extended up to seven
additional years as requested by the lien holder.
new text end

Sec. 40.

Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:

new text begin Subd. 4c. new text end

new text begin Motorized foot scooter. new text end

new text begin "Motorized foot
scooter" means a device with no more than two ten-inch or
smaller diameter wheels that has handlebars, is designed to be
stood or sat upon by the operator, and is powered by an internal
combustion engine or electric motor that is capable of
propelling the device with or without human propulsion. An
electric personal assistive mobility device, a motorized
bicycle, an electric-assisted bicycle, or a motorcycle is not a
motorized foot scooter.
new text end

Sec. 41.

Minnesota Statutes 2004, section 169.01,
subdivision 75, is amended to read:

Subd. 75.

Commercial motor vehicle.

(a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materials deleted text begin , except for those vehicles having a gross
vehicle weight of 26,000 pounds or less while carrying in bulk
tanks a total of not more than 200 gallons of petroleum products
and liquid fertilizer deleted text end new text begin that are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185 new text end ; or

(5) is outwardly equipped and identified as a school bus,
except for type A-I and type III school buses as defined in
subdivision 6.

(b) For purposes of chapter 169A:

(1) a commercial motor vehicle does not include a farm
truck, deleted text begin fire-fighting equipment, deleted text end new text begin an authorized emergency vehicle,
new text end or new text begin a new text end recreational deleted text begin equipment deleted text end new text begin vehicle new text end being operated by a person
within the scope of section 171.02, subdivision 2, paragraph
(b); and

(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.

new text begin EFFECTIVE DATE. new text end

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

Sec. 42.

Minnesota Statutes 2004, section 169.01,
subdivision 76, is amended to read:

Subd. 76.

Hazardous materials.

"Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, deleted text begin part 172, subpart F deleted text end new text begin parts 100-185 new text end .

Sec. 43.

Minnesota Statutes 2004, section 169.01,
subdivision 81, is amended to read:

Subd. 81.

Residential roadway.

"Residential roadway"
means a street or portion of a street that is deleted text begin less than one-half
mile in length and is deleted text end functionally classified as a local street
by the road authority having jurisdiction.

Sec. 44.

Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:

new text begin Subd. 91. new text end

new text begin School zone. new text end

new text begin "School zone" means that section
of a street or highway that abuts the grounds of a school where
children have access to the street or highway from the school
property or where an established school crossing is located;
provided, the school advance sign prescribed by the Manual on
Uniform Traffic Control Devices adopted by the commissioner of
transportation pursuant to section 169.06 is in place. All
signs erected by local authorities to designate speed limits in
school zones must conform to the Manual on Uniform Traffic
Control Devices.
new text end

Sec. 45.

Minnesota Statutes 2004, section 169.06,
subdivision 5, is amended to read:

Subd. 5.

Traffic-control signal.

(a) Whenever traffic is
controlled by traffic-control signals exhibiting different
colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow
shall be used, except for special pedestrian signals carrying a
word new text begin or new text end legend deleted text begin , and said deleted text end new text begin . The traffic-control signal new text end lights
deleted text begin shall deleted text end new text begin or colored lighted arrows new text end indicate and apply to drivers of
vehicles and pedestrians as follows:

(1) Green indication:

(i) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either deleted text begin such deleted text end turn. But vehicular traffic,
including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully
within the intersection or adjacent crosswalk at the time deleted text begin such
deleted text end new text begin this new text end signal is exhibited.

(ii) Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
deleted text begin such deleted text end new text begin the new text end arrow, or deleted text begin such deleted text end other movement as deleted text begin is deleted text end permitted by other
indications shown at the same time. Such vehicular traffic
shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the
intersection.

(iii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing any
green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked
crosswalk. new text begin Every driver of a vehicle shall yield the
right-of-way to such pedestrian, except that the pedestrian
shall yield the right-of-way to vehicles lawfully within the
intersection at the time that the green signal indication is
first shown.
new text end

(2) Steady yellow indication:

(i) Vehicular traffic facing a circular yellow signal is
thereby warned that the related green movement is being
terminated or that a red indication will be exhibited
immediately thereafter when vehicular traffic deleted text begin shall deleted text end new text begin must new text end not
enter the intersection, except for the continued movement
allowed by any green arrow indication simultaneously exhibited.

(ii) Pedestrians facing a circular yellow signal, unless
otherwise directed by a pedestrian new text begin - new text end control signal as provided in
subdivision 6, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and
no pedestrian shall then start to cross the roadway.

(iii) Vehicular traffic facing a steady yellow arrow signal
is thereby warned that the protected vehicular movement
permitted by the corresponding prior green arrow indication is
being terminated.

(3) Steady red indication:

(i) Vehicular traffic facing a circular red signal alone
deleted text begin shall deleted text end new text begin must new text end stop at a clearly marked stop line deleted text begin , deleted text end but new text begin , new text end if none,
before entering the crosswalk on the near side of the
intersection deleted text begin , deleted text end or new text begin , new text end if none, then before entering the intersection
and shall remain standing until a green indication is shown,
except as follows: (A) the driver of a vehicle deleted text begin which is deleted text end stopped
as close as practicable at the entrance to the crosswalk on the
near side of the intersection or, if none, then at the entrance
to the intersection in obedience to a red or stop signal, and
with the intention of making a right turn may make deleted text begin such deleted text end new text begin the
new text end right turn, after stopping, unless an official sign has been
erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at deleted text begin said deleted text end new text begin that new text end intersection;
deleted text begin or deleted text end (B) the driver of a vehicle on a one-way street deleted text begin which
intersects deleted text end new text begin intersecting new text end another one-way street on which traffic
moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into deleted text begin said deleted text end new text begin the new text end one-way
street, unless an official sign has been erected prohibiting the
movement, but shall yield the right-of-way to pedestrians and
other traffic new text begin lawfully new text end proceeding as directed by the signal at
deleted text begin said deleted text end new text begin that new text end intersection new text begin ; or (C) the driver of a vehicle on a
metered ramp may proceed without stopping despite a red signal
when there are no other vehicles on the ramp or on any
intersecting ramp, and no vehicle passed the meter during the
previous green signal new text end .

(ii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing a steady
red signal alone shall not enter the roadway.

(iii) Vehicular traffic facing a steady red arrow signal,
with the intention of making a movement indicated by the arrow,
deleted text begin shall deleted text end new text begin must new text end stop at a clearly marked stop line deleted text begin , deleted text end but new text begin , new text end if none,
before entering the crosswalk on the near side of the
intersection deleted text begin , deleted text end or new text begin , new text end if none, then before entering the intersection
and deleted text begin shall deleted text end new text begin must new text end remain standing until a permissive signal
indication new text begin permitting the movement indicated by the red arrow new text end is
displayed new text begin , except as follows: when an official sign has been
erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to
enter the intersection to turn right, or to turn left from a
one-way street into a one-way street on which traffic moves to
the left, after stopping, but must yield the right-of-way to
pedestrians and other traffic lawfully proceeding as directed by
the signal at that intersection new text end .

(b) In the event an official traffic-control signal is
erected and maintained at a place other than an intersection,
the provisions of this section are applicable except those which
can have no application. Any stop required deleted text begin shall deleted text end new text begin must new text end be made
at a sign or marking on the pavement indicating where the
stop deleted text begin shall deleted text end new text begin must new text end be made, but in the absence of any such sign or
marking the stop deleted text begin shall deleted text end new text begin must new text end be made at the signal.

(c) When a traffic-control signal indication or indications
placed to control a certain movement or lane are so identified
by placing a sign near the indication or indications, no other
traffic-control signal indication or indications within the
intersection deleted text begin shall control deleted text end new text begin controls new text end vehicular traffic for
deleted text begin such deleted text end new text begin that new text end movement or lane.

Sec. 46.

Minnesota Statutes 2004, section 169.06, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Possession of override device. new text end

new text begin (a) For
purposes of this subdivision, "traffic signal-override device"
means a device mounted in a motor vehicle that permits
activation of a traffic signal-override system described in
subdivision 5a.
new text end

new text begin (b) No person may operate a motor vehicle that contains a
traffic signal-override device, other than:
new text end

new text begin (1) an authorized emergency vehicle described in section
169.01, subdivision 5, clause (1), (2), or (3);
new text end

new text begin (2) a signal maintenance vehicle of a road authority; or
new text end

new text begin (3) a vehicle authorized to contain such a device by order
of the commissioner of public safety, including, but not limited
to, a vehicle engaged in providing regular-route public transit.
new text end

new text begin (c) No person may possess a traffic signal-override device,
other than:
new text end

new text begin (1) a person authorized to operate a vehicle described in
paragraph (b), but only for use in such a vehicle;
new text end

new text begin (2) a person authorized by a road authority to perform
signal maintenance, while engaged in such maintenance; or
new text end

new text begin (3) a person authorized by order of the commissioner of
public safety to possess such a device, but only to the extent
authorized in the order.
new text end

new text begin (d) A violation of this subdivision is a misdemeanor.
new text end

Sec. 47.

Minnesota Statutes 2004, section 169.06,
subdivision 6, is amended to read:

Subd. 6.

Pedestrian control signal.

(a) Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't
Walk" new text begin or symbols of a "walking person" or "upraised hand" new text end are in
place deleted text begin such deleted text end new text begin , the new text end signals deleted text begin shall deleted text end new text begin or symbols new text end indicate as follows:

(1) new text begin A steady new text end "Walk deleted text begin , deleted text end " deleted text begin flashing or steady. Pedestrians
deleted text end new text begin signal or the symbol of a "walking person" indicates that a
pedestrian new text end facing deleted text begin such deleted text end new text begin either of these new text end signals may proceed
across the roadway in the direction of the signal new text begin , possibly in
conflict with turning vehicles new text end . new text begin Every driver of a vehicle shall
yield the right-of-way to such pedestrian except that the
pedestrian shall yield the right-of-way to vehicles lawfully
within the intersection at the time that either signal
indication is first shown.
new text end

(2) new text begin A new text end "Don't Walk deleted text begin , deleted text end " new text begin signal or the symbol of an "upraised
hand," new text end flashing or steady deleted text begin . No deleted text end new text begin , indicates that a new text end pedestrian
shall new text begin not new text end start to cross the roadway in the direction of deleted text begin such
signals deleted text end new text begin either signal new text end , but any pedestrian who has partially
crossed on the "Walk" new text begin or "walking person" new text end signal new text begin indication
new text end shall proceed to a sidewalk or safety island while the deleted text begin "Don't
Walk" deleted text end signal is showing.

(b) A pedestrian crossing a roadway in conformity with this
section is lawfully within the intersection and, when in a
crosswalk, is lawfully within the crosswalk.

Sec. 48.

Minnesota Statutes 2004, section 169.09,
subdivision 1, is amended to read:

Subdivision 1.

Driver to stop for accident with
deleted text begin person deleted text end new text begin individual new text end .

The driver of any new text begin motor new text end vehicle involved in
an accident resulting in immediately demonstrable bodily injury
to or death of any deleted text begin person deleted text end new text begin individual new text end shall immediately stop the
vehicle at the scene of the accident, or as close to the scene
as possible deleted text begin , deleted text end but shall then return to and in every event deleted text begin , deleted text end shall
remain at deleted text begin , deleted text end the scene of the accident new text begin , new text end until the driver has
fulfilled the requirements of this deleted text begin chapter deleted text end new text begin section new text end as to the
giving of information. The stop deleted text begin shall deleted text end new text begin must new text end be made without
unnecessarily obstructing traffic.

Sec. 49.

Minnesota Statutes 2004, section 169.09,
subdivision 2, is amended to read:

Subd. 2.

Driver to stop for accident to property.

The
driver of any new text begin motor new text end vehicle involved in an accident to a vehicle
deleted text begin which is deleted text end driven or attended by any deleted text begin person deleted text end new text begin individual new text end shall
immediately stop deleted text begin such deleted text end new text begin the motor new text end vehicle at the scene of deleted text begin such deleted text end new text begin the
new text end accident, or as close deleted text begin thereto deleted text end new text begin to the accident new text end as possible deleted text begin , deleted text end but
shall forthwith return to deleted text begin , deleted text end and in every event shall remain at deleted text begin ,
deleted text end the scene of the accident new text begin , new text end until the driver has fulfilled the
requirements of this deleted text begin chapter deleted text end new text begin section new text end as to the giving of
information. deleted text begin Every such deleted text end new text begin The new text end stop deleted text begin shall deleted text end new text begin must new text end be made without
new text begin unnecessarily new text end obstructing traffic deleted text begin more than is necessary deleted text end .

Sec. 50.

Minnesota Statutes 2004, section 169.09,
subdivision 3, is amended to read:

Subd. 3.

Driver to give information.

(a) The driver of
any new text begin motor new text end vehicle involved in an accident resulting in bodily
injury to or death of any deleted text begin person deleted text end new text begin individual new text end , or damage to any
vehicle deleted text begin which is deleted text end driven or attended by any deleted text begin person deleted text end new text begin individual new text end ,
shall stop and give the driver's name, address, new text begin and new text end date of
birth and the registration new text begin plate new text end number of the vehicle being
driven deleted text begin , and deleted text end new text begin . The driver new text end shall, upon request and if available,
exhibit the driver's license or permit to drive to the deleted text begin person
deleted text end new text begin individual new text end struck or the driver or occupant of or deleted text begin person
deleted text end new text begin individual new text end attending any vehicle collided with. The driver also
shall give the information and upon request exhibit the license
or permit to any deleted text begin police deleted text end new text begin peace new text end officer at the scene of the
accident or who is investigating the accident. The driver shall
render reasonable assistance to any deleted text begin person deleted text end new text begin individual new text end injured in
the accident.

(b) If not given at the scene of the accident, the driver,
within 72 hours deleted text begin thereafter deleted text end new text begin after the accident new text end , shall give deleted text begin upon deleted text end new text begin ,
on new text end request to any deleted text begin person deleted text end new text begin individual new text end involved in the accident or
to a peace officer investigating the accident new text begin , new text end the name and
address of the insurer providing deleted text begin automobile deleted text end new text begin vehicle new text end liability
insurance coverage, and the local insurance agent for the
insurer.

Sec. 51.

Minnesota Statutes 2004, section 169.09,
subdivision 4, is amended to read:

Subd. 4.

Collision with unattended vehicle.

The driver
of any new text begin motor new text end vehicle deleted text begin which deleted text end new text begin that new text end collides with and damages any
vehicle deleted text begin which deleted text end new text begin that new text end is unattended shall immediately stop and
either locate and notify the driver or owner of the vehicle of
the name and address of the driver and new text begin registered new text end owner of the
vehicle striking the unattended vehicle, shall report deleted text begin the deleted text end new text begin this
new text end same new text begin information new text end to a deleted text begin police deleted text end new text begin peace new text end officer, or shall leave in a
conspicuous place in or secured to the vehicle struck new text begin , new text end a written
notice giving the name and address of the driver and of
the new text begin registered new text end owner of the vehicle doing the striking.

Sec. 52.

Minnesota Statutes 2004, section 169.09,
subdivision 5, is amended to read:

Subd. 5.

Notify owner of damaged property.

The driver of
any vehicle involved in an accident resulting only in damage to
fixtures legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner or person in
charge of deleted text begin such deleted text end new text begin the new text end property of deleted text begin such deleted text end new text begin that new text end fact deleted text begin and deleted text end new text begin , new text end of the
driver's name and address new text begin , new text end and of the registration new text begin plate new text end number
of the vehicle being driven and shall, upon request and if
available, exhibit the driver's deleted text begin or chauffeur's deleted text end license, and make
report of deleted text begin such deleted text end new text begin the new text end accident in every case. The report deleted text begin shall
deleted text end new text begin must new text end be made in the same manner as a report made pursuant to
subdivision 7.

Sec. 53.

Minnesota Statutes 2004, section 169.09,
subdivision 6, is amended to read:

Subd. 6.

deleted text begin notify police deleted text end new text begin notice new text end of personal injury.

The
driver of a vehicle involved in an accident resulting in bodily
injury to or death of any deleted text begin person deleted text end new text begin individual new text end shall, after
compliance with deleted text begin the provisions of deleted text end this section deleted text begin , deleted text end new text begin and new text end by the
quickest means of communication, give notice of the accident to
the local police department deleted text begin , deleted text end if the accident occurs within a
municipality, deleted text begin or deleted text end to a State Patrol officer if the accident
occurs on a trunk highway, or to the office of the sheriff of
the county.

Sec. 54.

Minnesota Statutes 2004, section 169.09,
subdivision 7, is amended to read:

Subd. 7.

Accident report to commissioner.

new text begin (a) new text end The driver
of a vehicle involved in an accident resulting in bodily injury
to or death of any deleted text begin person deleted text end new text begin individual new text end or total property damage to
an apparent extent of $1,000 or more, shall forward a written
report of the accident to the commissioner of public safety
within ten days deleted text begin thereof deleted text end new text begin of the accident new text end . On the required
report, the driver shall provide the commissioner with the name
and policy number of the insurer providing vehicle
liability new text begin insurance new text end coverage at the time of the accident.

new text begin (b) new text end On determining that the original report of any driver
of a vehicle involved in an accident of which report must be
made as provided in this section is insufficient, the
commissioner of public safety may require the driver to file
supplementary deleted text begin reports deleted text end new text begin information new text end .

Sec. 55.

Minnesota Statutes 2004, section 169.09,
subdivision 8, is amended to read:

Subd. 8.

Officer to report accident to commissioner.

A deleted text begin law enforcement deleted text end new text begin peace new text end officer who, in the regular course of
duty, investigates deleted text begin a motor vehicle deleted text end new text begin an new text end accident that must be
reported under this section shall, within ten days after the
date of the accident, forward an electronic or written report of
the accident deleted text begin to deleted text end new text begin as prescribed by new text end the commissioner of public
safety.

Sec. 56.

Minnesota Statutes 2004, section 169.09,
subdivision 9, is amended to read:

Subd. 9.

Accident report deleted text begin forms deleted text end new text begin format new text end .

The deleted text begin Department
deleted text end new text begin commissioner new text end of public safety shall deleted text begin prepare electronic or
written forms deleted text end new text begin prescribe the format new text end for new text begin the new text end accident reports
required under this section. Upon request the
deleted text begin department deleted text end new text begin commissioner new text end shall deleted text begin supply deleted text end new text begin make available new text end the deleted text begin forms
deleted text end new text begin format new text end to police departments, coroners, sheriffs, garages, and
other suitable agencies or individuals. deleted text begin The forms must be
appropriate with respect to the persons required to make the
reports and the purposes to be served. deleted text end The electronic or
written report deleted text begin forms deleted text end to be completed by deleted text begin persons deleted text end new text begin individuals
new text end involved in accidents and by investigating new text begin peace new text end officers
must deleted text begin call for sufficiently detailed information to deleted text end disclose deleted text begin with
reference to a traffic accident deleted text end the causes, new text begin existing new text end conditions
deleted text begin then existing deleted text end , and the deleted text begin persons deleted text end new text begin individuals new text end and vehicles involved.

Sec. 57.

Minnesota Statutes 2004, section 169.09,
subdivision 11, is amended to read:

Subd. 11.

Coroner to report death.

Every coroner or
other official performing like functions shall report in writing
to the deleted text begin Department deleted text end new text begin commissioner new text end of public safety the death of any
deleted text begin person deleted text end new text begin individual new text end within the coroner's jurisdiction as the
result of an accident involving a deleted text begin motor deleted text end vehicle and the
circumstances of the accident. The report deleted text begin shall deleted text end new text begin must new text end be made
within 15 days after the death.

In the case of drivers killed in deleted text begin motor deleted text end vehicle accidents
and of the death of pedestrians 16 years of age or older, who
die within four hours after new text begin an new text end accident, the coroner or other
official performing like functions shall examine the body and
shall make tests as are necessary to determine the presence and
percentage concentration of alcohol, and drugs if feasible, in
the blood of the victim. This information deleted text begin shall deleted text end new text begin must new text end be
included in each report submitted pursuant to the provisions of
this subdivision and shall be tabulated on a monthly basis by
the deleted text begin Department deleted text end new text begin commissioner new text end of public safety. This information
may be used only for statistical purposes deleted text begin which deleted text end new text begin that new text end do not
reveal the identity of the deceased.

Sec. 58.

Minnesota Statutes 2004, section 169.09,
subdivision 12, is amended to read:

Subd. 12.

Garage to report bullet damage.

The
deleted text begin person deleted text end new text begin individual new text end in charge of any garage or repair shop to
which is brought any deleted text begin motor deleted text end vehicle deleted text begin which deleted text end new text begin that new text end shows evidence of
having been struck by any bullet shall immediately report to the
local police or sheriff and to the commissioner of public safety
within 24 hours after deleted text begin such motor deleted text end new text begin the new text end vehicle is received, giving
the engine number new text begin if any new text end , registration new text begin plate new text end number new text begin , new text end and the
name and address of the new text begin registered new text end owner or operator of deleted text begin such deleted text end new text begin the
new text end vehicle.

Sec. 59.

Minnesota Statutes 2004, section 169.09,
subdivision 14, is amended to read:

Subd. 14.

Penalties.

(a) The driver of any vehicle who
violates subdivision 1 or 6 and who did not cause the accident
is punishable as follows:

(1) if the accident results in the death of any deleted text begin person
deleted text end new text begin individual new text end , the driver is guilty of a felony and may be
sentenced to imprisonment for not more than three years, or to
payment of a fine of not more than $5,000, or both;

(2) if the accident results in great bodily harm to any
deleted text begin person deleted text end new text begin individual new text end , as defined in section 609.02, subdivision 8,
the driver is guilty of a felony and may be sentenced to
imprisonment for not more than two years, or to payment of a
fine of not more than $4,000, or both; or

(3) if the accident results in substantial bodily harm to
any deleted text begin person deleted text end new text begin individual new text end , as defined in section 609.02, subdivision
7a, the driver may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.

(b) The driver of any vehicle involved in an accident not
resulting in substantial bodily harm or death who violates
subdivision 1 or 6 may be sentenced to imprisonment for not more
than one year, or to payment of a fine of not more than $3,000,
or both.

(c) Any person who violates subdivision 2, 3, 4, 5, 7, 8,
deleted text begin 10, deleted text end 11, or 12 is guilty of a misdemeanor.

(d) The attorney in the jurisdiction in which the violation
occurred who is responsible for prosecution of misdemeanor
violations of this section shall also be responsible for
prosecution of gross misdemeanor violations of this section.

Sec. 60.

Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:

new text begin Subd. 14a. new text end

new text begin Violation; penalty for owner or lessee. new text end

new text begin (a)
If a motor vehicle is operated in violation of subdivision 1, 2,
3, 4, 5, 6, 7, or 10, the owner of the vehicle, or for a leased
motor vehicle the lessee of the vehicle, is guilty of a petty
misdemeanor.
new text end

new text begin (b) The owner or lessee may not be fined under paragraph
(a) if (1) another person is convicted for that violation or (2)
the motor vehicle was stolen at the time of the violation.
new text end

new text begin (c) Paragraph (a) does not apply to a lessor of a motor
vehicle if the lessor keeps a record of the name and address of
the lessee.
new text end

new text begin (d) Paragraph (a) does not prohibit or limit the
prosecution of a motor vehicle operator for violating
subdivision 1, 2, 3, 4, 5, 6, 7, or 10.
new text end

new text begin (e) A violation under paragraph (a) does not constitute
grounds for revocation or suspension of the owner's or lessee's
driver's license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenses committed on or after that date.
new text end

Sec. 61.

Minnesota Statutes 2004, section 169.09,
subdivision 15, is amended to read:

Subd. 15.

Defense.

It is an affirmative defense to
prosecution under subdivisions 1, 2, and 6 that the driver left
the scene of the accident to take any deleted text begin person deleted text end new text begin individual
new text end suffering immediately demonstrable bodily injury in the accident
to receive emergency medical care if the driver of the involved
vehicle gives notice to a law enforcement agency as required by
subdivision 6 as soon as reasonably feasible after the emergency
medical care has been undertaken.

Sec. 62.

Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:

new text begin Subd. 16. new text end

new text begin Commissioner as agent for service of
process. new text end

new text begin The use and operation by a resident of this state or
the resident's agent, or by a nonresident or the nonresident's
agent, of a motor vehicle within the state of Minnesota, is
deemed an irrevocable appointment by the resident if absent from
this state continuously for six months or more following an
accident, or by the nonresident at any time, of the commissioner
of public safety to be the resident's or nonresident's true and
lawful attorney upon whom may be served all legal process in any
action or proceeding against the resident or nonresident or the
executor, administrator, or personal representative of the
resident or nonresident growing out of the use and operation of
a motor vehicle within this state, resulting in damages or loss
to person or property, whether the damage or loss occurs on a
highway or on abutting public or private property. This
appointment is binding upon the nonresident's executor,
administrator, or personal representative. The use or operation
of a motor vehicle by the resident or nonresident is a
signification of agreement that any process in any action
against the resident or nonresident or executor, administrator,
or personal representative of the resident or nonresident that
is so served has the same legal force and validity as if served
upon the resident or nonresident personally or on the executor,
administrator, or personal representative of the resident or
nonresident. Service of process must be made by serving a copy
thereof upon the commissioner or by filing a copy in the
commissioner's office, together with payment of a fee of $20,
and is deemed sufficient service upon the absent resident or the
nonresident or the executor, administrator, or personal
representative of the resident or nonresident; provided that,
notice of service and a copy of the process are within ten days
thereafter sent by mail by the plaintiff to the defendant at the
defendant's last known address and that the plaintiff's
affidavit of compliance with the provisions of this chapter is
attached to the summons.
new text end

Sec. 63.

Minnesota Statutes 2004, section 169.09, is
amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Continuance of court proceeding; costs. new text end

new text begin The
court in which the action is pending may order a continuance as
may be necessary to afford the defendant reasonable opportunity
to defend the action, not exceeding 90 days from the date of
filing of the action in that court. The fee of $20 paid by the
plaintiff to the commissioner at the time of service of the
proceedings must be taxed in the plaintiff's cost if the
plaintiff prevails in the suit. The commissioner shall keep a
record of all processes so served, which must show the day and
hour of service.
new text end

Sec. 64.

Minnesota Statutes 2004, section 169.14, is
amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin License revocation. new text end

new text begin The driver's license of a
person who violates any speed limit established in this section,
by driving in excess of 100 miles per hour, is revoked for six
months under section 171.17, or for a longer minimum period of
time applicable under section 169A.53, 169A.54, or 171.174.
new text end

Sec. 65.

Minnesota Statutes 2004, section 169.14,
subdivision 2, is amended to read:

Subd. 2.

Speed limits.

(a) Where no special hazard
exists the following speeds shall be lawful, but any speeds in
excess of such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful;
except that the speed limit within any municipality shall be a
maximum limit and any speed in excess thereof shall be unlawful:

(1) 30 miles per hour in an urban district or on a town
road in a rural residential district;

(2) 65 miles per hour on noninterstate freeways and
expressways, as defined in section 160.02, subdivision 19;

(3) 55 miles per hour in locations other than those
specified in this section;

(4) 70 miles per hour on interstate highways outside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;

(5) 65 miles per hour on interstate highways inside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;

(6) ten miles per hour in alleys; and

(7) deleted text begin 25 miles per hour in residential roadways if adopted by
the road authority having jurisdiction over the residential
roadway deleted text end new text begin 25 miles per hour in school zones new text end .

(b) deleted text begin A speed limit adopted under paragraph (a), clause (7),
is not effective unless the road authority has erected signs
designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
deleted text end

deleted text begin (c) deleted text end For purposes of this subdivision, "rural residential
district" means the territory contiguous to and including any
town road within a subdivision or plat of land that is built up
with dwelling houses at intervals of less than 300 feet for a
distance of one-quarter mile or more.

new text begin (c) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established in this subdivision, or a speed limit designated on
an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by
driving 20 miles per hour or more in excess of the applicable
speed limit, is assessed an additional surcharge equal to the
amount of the fine imposed for the speed violation, but not less
than $25.
new text end

Sec. 66.

Minnesota Statutes 2004, section 169.14,
subdivision 4, is amended to read:

Subd. 4.

Establishment of zones by commissioner.

new text begin Except
as provided in subdivision 5a, new text end on determining upon the basis of
an engineering and traffic investigation that any speed set
forth in this section is greater or less than is reasonable or
safe under the conditions found to exist on any trunk highway or
upon any part thereof, the commissioner may erect appropriate
signs designating a reasonable and safe speed limit deleted text begin thereat deleted text end ,
which deleted text begin speed limit shall be deleted text end new text begin becomes new text end effective when deleted text begin such deleted text end new text begin the new text end signs
are erected new text begin there new text end . Any deleted text begin speeds deleted text end new text begin speed new text end in excess of deleted text begin such deleted text end new text begin these
new text end limits deleted text begin shall be deleted text end new text begin is new text end prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
speed limit within any municipality deleted text begin shall be deleted text end new text begin or within any
school zone is new text end a maximum limit and any speed in excess deleted text begin thereof
shall be deleted text end new text begin of that limit is new text end unlawful. On determining upon that
basis that a part of the trunk highway system outside a
municipality should be a zone of maximum speed limit, the
commissioner may establish that part as such a zone by erecting
appropriate signs showing the beginning and end of the zone,
designating a reasonable and safe speed therefor, which may be
different than the speed set forth in this section, and that it
is a zone of maximum speed limit. The speed so designated by
the commissioner within any such zone deleted text begin shall be deleted text end new text begin is new text end a maximum
speed limit, and speed in excess of deleted text begin such deleted text end new text begin that new text end limit deleted text begin shall be deleted text end new text begin is
new text end unlawful. The commissioner may in the same manner from time to
time alter the boundary of such a zone and the speed limit
therein or eliminate deleted text begin such deleted text end new text begin the new text end zone.

Sec. 67.

Minnesota Statutes 2004, section 169.14,
subdivision 5, is amended to read:

Subd. 5.

Zoning within local area.

new text begin Except as otherwise
provided in subdivision 5f for residential roadways, new text end when local
authorities believe that the existing speed limit upon any
street or highway, or part thereof, within their respective
jurisdictions and not a part of the trunk highway system is
greater or less than is reasonable or safe under existing
conditions, they may request the commissioner to authorize, upon
the basis of an engineering and traffic investigation, the
erection of appropriate signs designating what speed is
reasonable and safe, and the commissioner may authorize the
erection of appropriate signs designating a reasonable and safe
speed limit thereat, which speed limit shall be effective when
such signs are erected. Any speeds in excess of these speed
limits shall be prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
speed limit within any municipality shall be a maximum limit and
any speed in excess thereof shall be unlawful. Alteration of
speed limits on streets and highways shall be made only upon
authority of the commissioner except as provided in subdivision
5a.

Sec. 68.

Minnesota Statutes 2004, section 169.14,
subdivision 5a, is amended to read:

Subd. 5a.

Speed zoning in school zone; surcharge.

(a) new text begin A
new text end local deleted text begin authorities deleted text end new text begin authority, with the agreement of a school
board or nonpublic school administration, new text end may establish a deleted text begin school
deleted text end speed limit new text begin that is less than 25 miles per hour new text end within a school
zone of a public or nonpublic school deleted text begin upon the basis of an
engineering and traffic investigation as prescribed by the
commissioner of transportation deleted text end new text begin located on a street or highway
within the jurisdiction of the local authority new text end . The
establishment of a school speed limit new text begin that is more than or less
than 25 miles per hour new text end on any trunk highway deleted text begin shall deleted text end new text begin must new text end be deleted text begin with
the consent deleted text end new text begin by agreement new text end of the commissioner of transportation
new text begin with the school board or, in the case of a nonpublic school,
with the school's administrator new text end . deleted text begin Such deleted text end School speed limits deleted text begin shall
be deleted text end new text begin are new text end in effect when children are present, going to or leaving
school during opening or closing hours or during school recess
periods. deleted text begin The school speed limit shall not be lower than 15
miles per hour and shall not be more than 30 miles per hour
below the established speed limit on an affected street or
highway.
deleted text end

(b) The school speed limit deleted text begin shall be deleted text end new text begin becomes new text end effective upon
the erection of appropriate signs designating the speed and
indicating the beginning and end of the reduced speed zone. Any
speed in excess of deleted text begin such deleted text end new text begin the new text end posted school speed limit is
unlawful. deleted text begin All such deleted text end new text begin These new text end signs deleted text begin shall deleted text end new text begin must new text end be erected by the
local authorities on those streets and highways under their
respective jurisdictions and by the commissioner of
transportation on trunk highways.

(c) deleted text begin For the purpose of this subdivision, "school zone"
means that section of a street or highway which abuts the
grounds of a school where children have access to the street or
highway from the school property or where an established school
crossing is located provided the school advance sign prescribed
by the manual on uniform traffic control devices adopted by the
commissioner of transportation pursuant to section 169.06 is in
place. All signs erected by local authorities to designate
speed limits in school zones shall conform to the Manual on
Uniform Control Devices.
deleted text end

deleted text begin (d) deleted text end Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under this subdivision is assessed an additional
surcharge equal to the amount of the fine imposed for the
violation, but not less than $25.

Sec. 69.

Minnesota Statutes 2004, section 169.14, is
amended by adding a subdivision to read:

new text begin Subd. 5f. new text end

new text begin Residential roadway zoning. new text end

new text begin When a road
authority believes that the existing speed limit upon any
residential roadway, or part thereof, within its jurisdiction,
is greater than is reasonable or safe under existing conditions,
it may:
new text end

new text begin (1) adopt a speed limit of 25 miles per hour; or
new text end

new text begin (2) establish and adopt a speed limit that is reasonable
and safe, taking into account the results of an engineering and
traffic investigation conducted by the road authority.
new text end

new text begin The speed limit on the residential roadway is effective
when the road authority erects appropriate signs designating the
speed limit and indicating the beginning and end of the portion
of the residential roadway to which the speed limit applies.
Any speed in excess of this speed limit is prima facie evidence
that the speed is not reasonable and prudent and that it is
unlawful; except that any speed limit within any municipality
shall be a maximum limit and any speed in excess of the speed
limit is unlawful.
new text end

Sec. 70.

new text begin [169.225] MOTORIZED FOOT SCOOTER.
new text end

new text begin Subdivision 1. new text end

new text begin Application of traffic laws. new text end

new text begin Every person
operating a motorized foot scooter shall have all rights and
duties applicable to the operator of a bicycle, except in
respect to those provisions relating expressly to motorized foot
scooters and in respect to those provisions of law that by their
nature cannot reasonably be applied to motorized foot scooters.
new text end

new text begin Subd. 2. new text end

new text begin Sidewalk and passenger prohibition. new text end

new text begin No person
may operate a motorized foot scooter upon a sidewalk, except
when necessary to enter or leave adjacent property. No person
may operate a motorized foot scooter that is carrying any person
other than the operator.
new text end

new text begin Subd. 3. new text end

new text begin Minimum age for operator. new text end

new text begin No person under the
age of 12 years may operate a motorized foot scooter.
new text end

new text begin Subd. 4. new text end

new text begin Protective headgear. new text end

new text begin No person under the age of
18 years may operate a motorized foot scooter without wearing
properly fitted and fastened protective headgear that complies
with standards established by the commissioner of public safety.
new text end

new text begin Subd. 5. new text end

new text begin Required lighting equipment. new text end

new text begin A motorized foot
scooter must be equipped with a headlight and a taillight that
comply with standards established by the commissioner of public
safety if the vehicle is operated under conditions when vehicle
lights are required by law.
new text end

new text begin Subd. 6. new text end

new text begin Operation requirements and prohibitions. new text end

new text begin (a) A
person operating a motorized foot scooter on a roadway shall
ride as close as practicable to the right-hand curb or edge of
the roadway, except in the following situations:
new text end

new text begin (1) when overtaking and passing another vehicle proceeding
in the same direction;
new text end

new text begin (2) when preparing for a left turn, in which case the
operator shall stop and dismount at the right-hand curb or right
edge of the roadway, and shall complete the turn by crossing the
roadway on foot, subject to restrictions placed by law on
pedestrians; or
new text end

new text begin (3) when reasonably necessary to avoid impediments or
conditions that make it unsafe to continue along the right-hand
curb or edge, including, but not limited to, fixed or moving
objects, vehicles, bicycles, pedestrians, animals, surface
hazards, or narrow lanes.
new text end

new text begin (b) A person may operate a motorized foot scooter on a
bicycle path, bicycle lane, bicycle trail, or bikeway that is
not reserved for the exclusive use of nonmotorized traffic,
unless the local authority or governing body having jurisdiction
over that path, lane, trail, or bikeway prohibits operation by
law.
new text end

Sec. 71.

Minnesota Statutes 2004, section 169.28,
subdivision 2, is amended to read:

Subd. 2.

Exempt crossing.

(a) The commissioner may
designate a crossing as an exempt crossing deleted text begin if the crossing is deleted text end :

(1) new text begin if the crossing is new text end on a rail line on which service has
been abandoned; deleted text begin or
deleted text end

(2) new text begin if the crossing is new text end on a rail line that carries fewer
than five trains each year, traveling at speeds of ten miles per
hour or less new text begin ; or
new text end

new text begin (3) as agreed to by the operating railroad and the
Department of Transportation, following a diagnostic review of
the crossing new text end .

(b) The commissioner shall direct the railroad to erect at
the crossing signs bearing the word "Exempt" that conform to
section 169.06. The installation or presence of an exempt sign
does not relieve a driver of the duty to use due care. A train
must not proceed across an exempt crossing unless a police
officer is present to direct traffic or a railroad employee is
on the ground to warn traffic until the train enters the
crossing.

(c) A vehicle that must stop at grade crossings under
subdivision 1 is not required to stop at a marked exempt
crossing unless directed otherwise by a police officer or a
railroad employee.

Sec. 72.

Minnesota Statutes 2004, section 169.345,
subdivision 1, is amended to read:

Subdivision 1.

Scope of privilege.

(a) new text begin Except as
provided to the contrary in paragraph (c) or (d), new text end a vehicle that
prominently displays the certificate authorized by this section
or that bears license plates issued under section 168.021, may
be parked by or solely for the benefit of a physically disabled
person:

(1) in a designated parking space for disabled persons, as
provided in section 169.346;

(2) in a metered parking space without obligation to pay
the meter fee and without time restrictions unless time
restrictions are separately posted on official signs; and

(3) without time restrictions in a nonmetered space where
parking is otherwise allowed for passenger vehicles but
restricted to a maximum period of time and which does not
specifically prohibit the exercise of disabled parking
privileges in that space.

A person may park a vehicle for a physically disabled person in
a parking space described in clause (1) or (2) only when
actually transporting the physically disabled person for the
sole benefit of that person and when the parking space is within
a reasonable distance from the drop-off point.

(b) For purposes of this subdivision, a certificate is
prominently displayed if it is displayed so that it may be
viewed from the front and rear of the vehicle by hanging it from
the rearview mirror attached to the front windshield of the
vehicle new text begin , section 169.71, subdivision 1, to the contrary
notwithstanding new text end . If there is no rearview mirror or if the
certificate holder's disability precludes placing the
certificate on the mirror, the placard must be displayed on the
dashboard on the driver's side of the vehicle. No part of the
certificate may be obscured.

(c) Notwithstanding paragraph (a), clauses (1), (2), and
(3), this section does not permit parking in areas prohibited by
deleted text begin sections deleted text end new text begin section new text end 169.32 deleted text begin and deleted text end new text begin or new text end 169.34, in designated no parking
spaces, new text begin in designated "van permit only" disability parking
spaces without the sticker issued under paragraph (d), new text end or in
parking spaces reserved for new text begin other new text end specified purposes or
vehicles. A local governmental unit may, by ordinance, prohibit
parking on any street or highway to create a fire lane, or to
accommodate heavy traffic during morning and afternoon rush
hours and these ordinances also apply to physically disabled
persons.

new text begin (d) In addition to the parking authority granted under
paragraph (a), a motor vehicle displaying a special
purple-on-white label or sticker in the top corner of the
windshield on the driver's side, which is used exclusively by a
physically disabled person requiring extra space alongside the
vehicle for a wheelchair or similar conveyance when accessing or
leaving the vehicle, and only that motor vehicle, may be parked
by or solely for the benefit of that person in a parking space
for disabled persons designated as "van permit only." The
commissioner of public safety, after consultation with the state
Council on Disability, shall design this special purple-on-white
label or sticker for issuance to disabled persons whom the
commissioner considers eligible to use "van permit only" parking
spaces.
new text end

[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
VIOLATOR.] new text begin This section is effective August 1, 2005, for
handicapped parking offenses committed on or after that date;
except that, from August 1, 2005, through July 31, 2006, a
physically disabled person who parks a vehicle and does not
violate Minnesota Statutes, section 169.346, subdivision 1,
paragraph (a), clause (3), but does violate Minnesota Statutes,
section 169.346, subdivision 1, paragraph (b), as amended by
this act, must be issued only a warning citation accompanied by
an information brochure about the offense.
new text end

Sec. 73.

Minnesota Statutes 2004, section 169.346,
subdivision 1, is amended to read:

Subdivision 1.

Disability parking space prohibitions.

new text begin (a) new text end A person shall not:

(1) park a motor vehicle in or obstruct access to a parking
space designated and reserved for the physically disabled, on
either private or public property;

(2) park a motor vehicle in or obstruct access to an area
designated by a local governmental unit as a transfer zone for
disabled persons;

(3) exercise the parking privilege provided in section
169.345, unless:

(i) that person is a physically disabled person as defined
in section 169.345, subdivision 2, or the person is transporting
or parking a vehicle for a physically disabled person; and

(ii) the vehicle visibly displays one of the following: a
license plate issued under section 168.021, a certificate issued
under section 169.345, a temporary permit valid for 30 days
issued under section 168.021 or 169.345, or an equivalent
certificate, insignia, or license plate issued by another state,
a foreign country, or one of its political subdivisions; or

(4) park a motor vehicle in an area used as a regular route
transit stopping point where a transit vehicle that is
accessible to the physically disabled regularly stops and a sign
that bears the international symbol of access in white on blue
is posted. A sign posted under this clause may display other
information relating to the regular route transit service. For
purposes of this clause, an area used as a regular route transit
stopping point consists of the 80 feet immediately preceding the
sign described in this clause.

new text begin (b) A person, whether disabled or not, shall not park a
motor vehicle that is not displaying the special purple-on-white
label or sticker issued under section 169.345, subdivision 1,
paragraph (d), in a parking space designated as "van permit
only." A person who violates this paragraph is guilty of a
misdemeanor and subject to a penalty under subdivision 3.
new text end

[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
VIOLATOR.] new text begin This section is effective August 1, 2005, for
handicapped parking offenses committed on or after that date;
except that, from August 1, 2005, through July 31, 2006, a
physically disabled person who parks a vehicle and does not
violate Minnesota Statutes, section 169.346, subdivision 1,
paragraph (a), clause (3), but does violate Minnesota Statutes,
section 169.346, subdivision 1, paragraph (b), as amended by
this act, must be issued only a warning citation accompanied by
an information brochure about the offense.
new text end

Sec. 74.

Minnesota Statutes 2004, section 169.346,
subdivision 2, is amended to read:

Subd. 2.

Disability parking space signs.

(a) Parking
spaces reserved for physically disabled persons must be
designated and identified by the posting of signs incorporating
the international symbol of access in white on blue and
indicating that violators are subject to a fine of up to $200.

new text begin (b) Parking spaces reserved only for physically disabled
persons operating or being transported in motor vehicles that
display the special purple-on-white label or sticker affixed to
the van's windshield in the top corner on the driver's side,
must be designated and identified with an additional
purple-on-white "van permit only" sign attached to the signs
described in paragraph (a).
new text end

new text begin (c) new text end These parking spaces are reserved for disabled persons
with vehicles displaying the required certificate, license
plates, temporary permit valid for 30 days, or insignia new text begin and, for
motor vehicles parking in "van permit only" spaces, displaying
the special purple-on-white label or sticker new text end . deleted text begin Signs sold
deleted text end

new text begin (d) new text end After August 1, deleted text begin 1991 deleted text end new text begin 2005 new text end , new text begin signs posted for parking
spaces reserved for physically disabled persons in parking areas
or lots providing more than 100 total parking spaces new text end must
conform to the design requirements in deleted text begin this paragraph deleted text end new text begin paragraphs
(a) and (b); except that a "van accessible" sign sold before
August 2, 2005, conforms to this subdivision if the owner
attaches a purple-on-white label or sticker that reads "van
permit only" and that completely covers the words "van
accessible." The owner of a parking lot or area consisting of
100 or fewer total parking spaces is not required to provide a
parking space designated as "van permit only" but shall continue
to provide any "van accessible" spaces provided before August 2,
2005 new text end .

deleted text begin (b) deleted text end new text begin (e) new text end For purposes of this subdivision, a parking space
that is clearly identified as reserved for physically disabled
persons by a permanently posted sign that does not meet all
design standards, is considered designated and reserved for
physically disabled persons. A sign posted for the purpose of
this section must be visible from inside a vehicle parked in the
space, be kept clear of snow or other obstructions which block
its visibility, and be nonmovable or only movable by authorized
persons.

[EFFECTIVE DATE AND GRACE PERIOD FOR PHYSICALLY DISABLED
VIOLATOR.] new text begin This section is effective August 1, 2005, for
handicapped parking offenses committed on or after that date;
except that, from August 1, 2005, through July 31, 2006, a
physically disabled person who parks a vehicle and does not
violate Minnesota Statutes, section 169.346, subdivision 1,
paragraph (a), clause (3), but does violate Minnesota Statutes,
section 169.346, subdivision 1, paragraph (b), as amended by
this act, must be issued only a warning citation accompanied by
an information brochure about the offense.
new text end

Sec. 75.

Minnesota Statutes 2004, section 169.448, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Day activity center buses. new text end

new text begin Notwithstanding
subdivision 1, a vehicle used to transport adults to and from a
day activity center may be equipped with prewarning flashing
amber signals and a stop-signal arm, and the operator of the
vehicle may activate this equipment, under the following
circumstances:
new text end

new text begin (1) the operator possesses a commercial driver's license
with a school bus endorsement;
new text end

new text begin (2) the vehicle is engaged in picking up or dropping off
adults at locations predesignated by the day activity center
that owns or leases the bus;
new text end

new text begin (3) the vehicle is identified as a "day activity center
bus" in letters at least eight inches high on the front and rear
top of the bus; and
new text end

new text begin (4) the name, address, and telephone number of the owner
and operator of the bus is identified on each front door of the
bus in letters not less than three inches high.
new text end

new text begin The provisions of section 169.444 relating to duties of
care of a motorist to a school bus, and violations thereof,
apply to a vehicle described in this section when the vehicle is
operated in conformity with this subdivision. The provisions of
section 169.443 relating to bus driver's duties apply to a
vehicle described in this section except those that by their
nature have no application.
new text end

Sec. 76.

new text begin [169.472] USE OF MOBILE TELEPHONES.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin No person may operate a
cellular or wireless telephone, whether handheld or hands free,
while operating a bus, while the bus is in motion.
new text end

new text begin Subd. 2. new text end

new text begin Defense. new text end

new text begin It is an affirmative defense against a
charge of violating subdivision 1 for a person to produce
evidence that the mobile telephone was used for the purpose of
contacting the following in response to an emergency:
new text end

new text begin (1) a 911 or other emergency telephone number;
new text end

new text begin (2) a hospital, clinic, or doctor's office;
new text end

new text begin (3) an ambulance service provider;
new text end

new text begin (4) a fire department or law enforcement agency; or
new text end

new text begin (5) a first aid squad.
new text end

Sec. 77.

Minnesota Statutes 2004, section 169.522, is
amended to read:

169.522 SLOW-MOVING VEHICLE, SIGN REQUIRED.

Subdivision 1.

Displaying emblem; rules.

(a) All
animal-drawn vehicles, motorized golf carts when operated on
designated roadways pursuant to section 169.045, implements of
husbandry, and other machinery, including all road construction
machinery, which are designed for operation at a speed of 30
miles per hour or less deleted text begin shall deleted text end new text begin , must new text end display a triangular
slow-moving vehicle emblem, except (1) when being used in actual
construction and maintenance work and traveling within the
limits of a construction area deleted text begin which is deleted text end marked in accordance with
deleted text begin requirements of deleted text end the Manual on Uniform Traffic Control Devices,
as set forth in section 169.06, or (2) for a towed implement of
husbandry that is empty and that is not self-propelled, in which
case it may be towed at lawful speeds greater than 30 miles per
hour without removing the slow-moving vehicle emblem. The
emblem deleted text begin shall deleted text end new text begin must new text end consist of a fluorescent deleted text begin yellow-orange deleted text end new text begin or
illuminated red-orange new text end triangle with a dark red reflective
border and be mounted so as to be visible from a distance of not
less than 600 feet to the rear. When a primary power unit
towing an implement of husbandry or other machinery displays a
slow-moving vehicle emblem visible from a distance of 600 feet
to the rear, it deleted text begin shall deleted text end new text begin is new text end not deleted text begin be deleted text end necessary to display a similar
emblem on the secondary unit. deleted text begin After January 1, 1975, deleted text end All
slow-moving vehicle emblems sold in this state deleted text begin shall deleted text end new text begin must new text end be so
designed that when properly mounted they are visible from a
distance of not less than 600 feet to the rear when directly in
front of lawful lower beam of headlamps on a motor vehicle. The
commissioner of public safety shall adopt standards and
specifications for the design and position of mounting the
slow-moving vehicle emblem. Such standards and
specifications deleted text begin shall deleted text end new text begin must new text end be adopted by rule in accordance with
the Administrative Procedure Act. deleted text begin A violation of this section
shall not be admissible evidence in any civil cause of action
arising prior to January 1, 1970.
deleted text end

(b) An alternate slow-moving vehicle emblem consisting of a
dull black triangle with a white reflective border may be used
after obtaining a permit from the commissioner under rules of
the commissioner. A person with a permit to use an alternate
slow-moving vehicle emblem must:

(1) carry in the vehicle a regular slow-moving vehicle
emblem and display the emblem when operating a vehicle between
sunset and sunrise, and at any other time when visibility is
impaired by weather, smoke, fog, or other conditions; and

(2) permanently affix to the rear of the slow-moving
vehicle at least 72 square inches of reflective tape that
reflects the color red.

Subd. 2.

Prohibition on use.

The use of this emblem
deleted text begin shall be deleted text end new text begin is new text end restricted to the slow-moving vehicles specified in
subdivision 1 and its use on any other type of vehicle or
stationary object on the highway is prohibited.

Subd. 3.

Display required.

No person shall sell, lease,
rent, or operate any slow-moving vehicle, as defined in
subdivision 1, except motorized golf carts and except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after July 1, 1967,
unless deleted text begin such deleted text end new text begin the new text end vehicle is equipped with a slow-moving vehicle
emblem-mounting device as specified in subdivision 1. Provided
however, deleted text begin no deleted text end new text begin a new text end slow-moving vehicle deleted text begin shall deleted text end new text begin must not new text end be operated
without such slow-moving vehicle emblem deleted text begin after January 1, 1968 deleted text end .

Sec. 78.

Minnesota Statutes 2004, section 169.685,
subdivision 5, is amended to read:

Subd. 5.

Violation; petty misdemeanor.

(a) Every motor
vehicle operator, when transporting a child under the age of
deleted text begin four deleted text end new text begin nine and weighing less than 80 pounds new text end on the streets and
highways of this state in a motor vehicle equipped with
factory-installed seat belts, shall equip and install for use in
the motor vehicle, according to the manufacturer's instructions,
a child passenger restraint system meeting federal motor vehicle
safety standards.

(b) No motor vehicle operator who is operating a motor
vehicle on the streets and highways of this state may transport
a child under the age of deleted text begin four deleted text end new text begin nine and weighing less than 80
pounds new text end in a seat of a motor vehicle equipped with a
factory-installed seat belt, unless the child is properly
fastened in the child passenger restraint system. new text begin The driver of
a vehicle shall additionally restrain children under the age of
nine as follows:
new text end

new text begin (1) a child less than one year of age weighing less than 20
pounds must be properly restrained in a rear-facing child
restraint system;
new text end

new text begin (2) a child under the age of nine and weighing 80 pounds or
more must be restrained in a properly adjusted seat belt system;
new text end

new text begin (3) a child under the age of nine must sit in the back seat
unless the vehicle has no forward-facing back seat, all seating
positions in the back are being used by children under the age
of nine, or the child restraint cannot be installed properly in
the back seat; and
new text end

new text begin (4) a child under the age of nine and weighing 40 pounds or
more may wear a lap-only seat belt in the rear seat if there are
no shoulder belts in the back seat or if all of the shoulder
belts in the back seat are being used by children weighing 40
pounds or more and under the age of 16.
new text end

new text begin (c) An operator of a pickup truck or sports utility vehicle
who transports a child under the age of nine shall transport the
child within the vehicle's passenger compartment.
new text end

new text begin (d) new text end Any motor vehicle operator who violates this
subdivision is guilty of a petty misdemeanor and may be
sentenced to pay a fine of not more than $50. The fine new text begin for the
first violation new text end may be waived or the amount reduced if the motor
vehicle operator produces evidence that within 14 days after the
date of the violation a child passenger restraint system meeting
federal motor vehicle safety standards was purchased or obtained
for the exclusive use of the operator.

deleted text begin (c) deleted text end new text begin (e) new text end The fines collected for violations of this
subdivision must be deposited in the state treasury and credited
to deleted text begin a special account to be known as deleted text end the Minnesota child
passenger restraint and education account.

new text begin When issuing a citation for violation of this section, an
officer shall provide to the vehicle operator written
information identifying a source of no-cost child-restraint
equipment for individuals in financial need, if the vehicle does
not contain child-restraint equipment.
new text end

Sec. 79.

Minnesota Statutes 2004, section 169.685,
subdivision 6, is amended to read:

Subd. 6.

Exceptions.

(a) This section does not apply to:

(1) a person transporting a child in an emergency medical
vehicle while in the performance of official duties and when the
physical or medical needs of the child make the use of a child
passenger restraint system unreasonable or when a child
passenger restraint system is not available;

(2) a peace officer transporting a child while in the
performance of official duties and when a child passenger
restraint system is not available, provided that a seat belt
must be substituted; deleted text begin and
deleted text end

(3) a person while operating a motor vehicle for hire,
including a taxi, airport limousine, and bus, but excluding a
rented, leased, or borrowed motor vehicle new text begin ; and
new text end

new text begin (4) a person while operating a type III school bus or type
III Head Start bus, as defined in section 169.01, subdivision 6,
paragraph (5) new text end .

(b) A child passenger restraint system is not required for
a child who cannot, in the judgment of a licensed physician, be
safely transported in a child passenger restraint system because
of a medical condition, body size, or physical disability. A
motor vehicle operator claiming exemption for a child under this
paragraph must possess a typewritten statement from the
physician stating that the child cannot be safely transported in
a child passenger restraint system. The statement must give the
name and birth date of the child, be dated within the previous
six months, and be made on the physician's letterhead or contain
the physician's name, address, and telephone number. A person
charged with violating subdivision 5 may not be convicted if the
person produces the physician's statement in court or in the
office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease
shall provide a child passenger restraint device to a customer
renting or leasing the motor vehicle who requests the device. A
reasonable rent or fee may be charged for use of the child
passenger restraint device.

Sec. 80.

Minnesota Statutes 2004, section 169.686,
subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) new text begin Except as
provided in section 169.685, subdivision 5, new text end a properly adjusted
and fastened seat belt, including both the shoulder and lap belt
when the vehicle is so equipped, shall be worn by deleted text begin :
deleted text end

deleted text begin (1) deleted text end the driver new text begin and passengers new text end of a passenger vehicle or
commercial motor vehicle deleted text begin ;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger
vehicle or commercial motor vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle
who is older than three but younger than 11 years of age deleted text end .

(b) A person who is 15 years of age or older and who
violates paragraph (a) deleted text begin , clause (1) or (2), deleted text end is subject to a fine
of deleted text begin $25 deleted text end new text begin $50 new text end . The driver of the deleted text begin passenger vehicle or commercial
motor deleted text end vehicle in which the violation occurred is subject to a
deleted text begin $25 deleted text end new text begin $50 new text end fine for a violation of paragraph (a) deleted text begin , clause (2) or
(3), deleted text end by a deleted text begin child of the driver deleted text end new text begin passenger new text end under the age of 15 deleted text begin or
any child under the age of 11. A peace officer may not issue a
citation for a violation of this section unless the officer
lawfully stopped or detained the driver of the motor vehicle for
a moving violation other than a violation involving motor
vehicle equipment deleted text end . The Department of Public Safety shall not
record a violation of this subdivision on a person's driving
record.

Sec. 81.

Minnesota Statutes 2004, section 169.71,
subdivision 1, is amended to read:

Subdivision 1.

Prohibitions generally new text begin ; exceptions new text end .

deleted text begin No deleted text end new text begin (a)
A new text end person shall new text begin not new text end drive or operate any motor vehicle with new text begin :
new text end

new text begin (1) new text end a windshield cracked or discolored to an extent to
limit or obstruct proper vision deleted text begin , or, except for law enforcement
vehicles, with deleted text end new text begin ;
new text end

new text begin (2) new text end any objects suspended between the driver and the
windshield, other than sun visors deleted text begin and rear vision deleted text end new text begin , rearview
new text end mirrors, new text begin and electronic toll-collection devices; new text end or deleted text begin with
deleted text end

new text begin (3) new text end any sign, poster, or other nontransparent material upon
the front windshield, sidewings, new text begin or new text end side or rear windows of deleted text begin such
deleted text end new text begin the new text end vehicle, other than a certificate or other paper required to
be so displayed by law deleted text begin , deleted text end or authorized by the state director of
the Division of Emergency Management deleted text begin , deleted text end or the commissioner of
public safety.

new text begin (b) Paragraph (a), clauses (2) and (3), do not apply to law
enforcement vehicles.
new text end

new text begin (c) Paragraph (a), clause (2), does not apply to authorized
emergency vehicles.
new text end

Sec. 82.

Minnesota Statutes 2004, section 169.733, is
amended to read:

169.733 WHEEL FLAPS ON TRUCK AND TRAILER.

Subdivision 1.

Vehicles generally.

Every truck,
truck-tractor, trailer, semitrailer, pole trailer, and rear-end
dump truck, excepting rear-end dump farm trucks deleted text begin and military
vehicles of the United States, shall deleted text end new text begin must new text end be provided with wheel
flaps or other suitable protection above and behind the rearmost
wheels of the vehicle or combination of vehicles to prevent, as
far as practicable, such wheels from throwing dirt, water, or
other materials on the windshields of new text begin following new text end vehicles deleted text begin which
follow deleted text end . deleted text begin Such deleted text end new text begin The new text end flaps or protectors deleted text begin shall deleted text end new text begin must new text end be at least
as wide as the tires they are protecting and deleted text begin shall deleted text end have a ground
clearance of not more than deleted text begin one-fifth of the horizontal distance
from the center of the rearmost axle to the flap under any
conditions of loading or operation of the motor deleted text end new text begin nine inches from
the ground when the new text end vehicle new text begin is empty new text end .

Subd. 2.

Vehicle with conveyor belt.

For a dump truck or
truck with a rigid box fastened to its frame and having a
conveyor belt or chain in the bottom of the vehicle deleted text begin which deleted text end new text begin that
new text end moves the cargo to the rear end of the vehicle, the flaps deleted text begin shall
deleted text end new text begin must new text end be mounted as far to the rear of the vehicle as practicable
and deleted text begin shall deleted text end have a ground clearance of not more than 18 inches
when the vehicle is loaded.

Subd. 3.

Bottom-dump vehicle.

new text begin In addition to meeting the
requirements of subdivision 1, new text end a bottom-dump cargo vehicle
transporting sand, gravel, aggregate, dirt, lime rock, silica,
or similar material must be equipped with deleted text begin flaps that are mounted
to the rear of the axles, cover the entire width of the vehicle,
and deleted text end new text begin a center flap between the wheel flaps, which must new text end have a
ground clearance of six inches or less when the vehicle is fully
loaded.

Subd. 4.

Alternative requirements.

If the motor vehicle
is so designed and constructed that the above requirements are
accomplished by means of body construction or other means of
enclosure, then no such protectors or flaps deleted text begin shall be deleted text end new text begin are
new text end required.

Subd. 5.

Extended flaps.

If the rear wheels are not
covered at the top by fenders, body or other parts of the
vehicle, the flap or other protective means deleted text begin shall deleted text end new text begin must new text end be
extended at least to a point directly above the center of the
rearmost axle.

deleted text begin Subd. 6. deleted text end

deleted text begin Lamps or wiring. deleted text end

deleted text begin Lamps or wiring shall not be
attached to fender flaps.
deleted text end

Sec. 83.

Minnesota Statutes 2004, section 169.81,
subdivision 3c, is amended to read:

Subd. 3c.

Recreational vehicle combination.

Notwithstanding subdivision 3, a recreational vehicle
combination may be operated without a permit if:

(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to
or greater than the total weight of all vehicles being towed;

(2) the combination does not exceed deleted text begin 60 deleted text end new text begin 70 new text end feet in length;

(3) the deleted text begin camper-semitrailer deleted text end new text begin middle vehicle new text end in the
combination does not exceed 28 feet in length;

(4) the operator of the combination is at least 18 years of
age;

(5) the trailer carrying a watercraft, motorcycle,
motorized bicycle, off-highway motorcycle, snowmobile, or
all-terrain vehicle meets all requirements of law;

(6) the trailers in the combination are connected to the
pickup truck and each other in conformity with section 169.82;
and

(7) the combination is not operated within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
p.m. on Mondays through Fridays.

new text begin EFFECTIVE DATE. new text end

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

Sec. 84.

Minnesota Statutes 2004, section 169.824,
subdivision 2, is amended to read:

Subd. 2.

Gross vehicle weight of all axles.

(a)
Notwithstanding the provisions of section 169.85, the gross
vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:

(1) 80,000 pounds for any vehicle or combination of
vehicles on all state trunk highways as defined in section
160.02, subdivision 29, and for all routes designated under
section 169.832, subdivision 11;

(2) new text begin 88,000 pounds for any vehicle or combination of
vehicles with six or more axles while exclusively engaged in
hauling livestock on all state trunk highways other than
interstate highways, if the vehicle has a permit under section
169.86, subdivision 5, paragraph (k);
new text end

new text begin (3) new text end 73,280 pounds for any vehicle or combination of
vehicles with five axles or less on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11 new text begin , except that a vehicle needing
reasonable access to a terminal or facilities for food, fuel,
repairs, and rest, located within three miles of a ten-ton
route, may not exceed 80,000 pounds. "Terminal" means any
location where freight either originates, terminates, or is
handled in the transportation process, or where commercial motor
carriers maintain operating facilities new text end ; and

deleted text begin (3) deleted text end new text begin (4) new text end 80,000 pounds for any vehicle or combination of
vehicles with six or more axles on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11.

(b) The maximum weights specified in this section for five
consecutive axles shall not apply to a four-axle ready-mix
concrete truck which was equipped with a fifth axle prior to
June 1, 1981. The maximum gross weight on four or fewer
consecutive axles of vehicles excepted by this clause shall not
exceed any maximum weight specified for four or fewer
consecutive axles in this section.

new text begin EFFECTIVE DATE. new text end

new text begin The language in paragraph (a), clause
(2), is effective August 1, 2006.
new text end

Sec. 85.

Minnesota Statutes 2004, 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 deleted text begin and deleted text end new text begin , new text end signs giving
notice of the operation deleted text begin are deleted text end new text begin must be new text end posted within the highway
right-of-way and adjacent to the roadway within two miles of the
operation deleted text begin , deleted text end new text begin . new text end The driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.

Sec. 86.

Minnesota Statutes 2004, section 169.85,
subdivision 6, is amended to read:

Subd. 6.

Officer defined.

When used in this section, the
word "officer" means a deleted text begin peace officer or deleted text end new text begin member of the State
Patrol, new text end an employee of the Department of Public Safety described
in section 299D.06 new text begin , or a peace officer or person under the
officer's direction and control employed by a local unit of
government who is trained in weight enforcement by the
Department of Public Safety new text end .

Sec. 87.

Minnesota Statutes 2004, section 169.86,
subdivision 5, is amended to read:

Subd. 5.

Fee; proceeds deposited; appropriation.

The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.

(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:

(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;

(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;

(3) motor vehicles operating with gross weights authorized
under section 169.826, subdivision 1a;

(4) special pulpwood vehicles described in section 169.863;

(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and

(6) noncommercial transportation of a boat by the owner or
user of the boat.

(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes;

(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);

(5) double-deck buses;

(6) commercial boat hauling; and

(7) three-vehicle combinations consisting of two empty,
newly manufactured trailers for cargo, horses, or livestock, not
to exceed 28-1/2 feet per trailer; provided, however, the permit
allows the vehicles to be moved from a trailer manufacturer to a
trailer dealer only while operating on twin-trailer routes
designated under section 169.81, subdivision 3, paragraph (c).

(e) For vehicles which have axle weights exceeding the
weight limitations of sections 169.822 to 169.829, an additional
cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision
3, paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors

Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20

The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.

(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:

Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800

If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).

(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.

(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse-compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.828, subdivision 2, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.

(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:

(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;

(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;

(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;

(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and

(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.

A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.

(j) $300 for a motor vehicle described in section
169.8261. The fee under this paragraph must be deposited as
follows:

(1) in fiscal years 2005 through 2010:

(i) the first $50,000 in each fiscal year must be deposited
in the trunk highway fund for costs related to administering the
permit program and inspecting and posting bridges;

(ii) all remaining money in each fiscal year must be
deposited in a bridge inspection and signing account in the
special revenue fund. Money in the account is appropriated to
the commissioner for:

(A) inspection of local bridges and identification of local
bridges to be posted, including contracting with a consultant
for some or all of these functions; and

(B) erection of weight-posting signs on local bridges; and

(2) in fiscal year 2011 and subsequent years must be
deposited in the trunk highway fund.

new text begin (k) $200 for an annual permit for a vehicle operating under
authority of section 169.824, subdivision 2, paragraph (a),
clause (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 88.

new text begin [169.864] SPECIAL PAPER PRODUCTS VEHICLE
PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Three-unit vehicle. new text end

new text begin The commissioner may
issue a permit for a vehicle that meets the following
requirements:
new text end

new text begin (1) is a combination of vehicles, including a truck-tractor
and a semitrailer drawing one additional semitrailer, which may
be equipped with an auxiliary dolly. No semitrailer used in a
three-vehicle combination may have an overall length in excess
of 28-1/2 feet;
new text end

new text begin (2) has a maximum gross vehicle weight of 108,000 pounds;
new text end

new text begin (3) complies with the axle weight limits in section 169.824
or with the federal bridge formula for axle groups not described
in that section;
new text end

new text begin (4) complies with the tire weight limits in section 169.823
or the tire manufacturers' recommended load, whichever is less;
new text end

new text begin (5) is operated only in this state on Trunk Highway marked
2 between Grand Rapids and the port of Duluth; on Trunk Highway
marked 169 between Grand Rapids and its junction with Trunk
Highway marked 53; and on Trunk Highway marked 53 between
Virginia and the port of Duluth; and
new text end

new text begin (6) the seasonal weight increases authorized under section
169.826, subdivision 1, do not apply.
new text end

new text begin Subd. 2. new text end

new text begin Two-unit vehicle. new text end

new text begin The commissioner may issue a
permit for a vehicle that meets the following requirements:
new text end

new text begin (1) is a combination of vehicles consisting of a
truck-tractor and a single semitrailer that may exceed 48 feet,
but not 53 feet if the distance from the kingpin to the
centerline of the rear axle group of the semitrailer does not
exceed 43 feet;
new text end

new text begin (2) has a maximum gross vehicle weight of 90,000 pounds;
new text end

new text begin (3) has a maximum gross vehicle weight of 98,000 pounds
during the time when seasonal weight increases authorized under
section 169.826, subdivision 1, are in effect;
new text end

new text begin (4) complies with the axle weight limits in section 169.824
or with the federal bridge formula for axle groups not described
in that section; and
new text end

new text begin (5) complies with the tire weight limits in section 169.823
or the tire manufacturers' recommended load, whichever is less.
new text end

new text begin Subd. 3. new text end

new text begin Restrictions. new text end

new text begin Vehicles issued permits under
subdivisions 1 and 2 must comply with the following restrictions:
new text end

new text begin (1) the vehicle must be operated in compliance with
seasonal load restrictions under section 169.87;
new text end

new text begin (2) the vehicle may not be operated on the interstate
highway system; and
new text end

new text begin (3) the vehicle may be operated on streets or highways
under the control of local authorities only upon the approval of
the local authority; however, vehicles may have reasonable
access to terminals and facilities for food, fuel, repairs, and
rest and for continuity of route within one mile of the national
network as provided by section 169.81, subdivision 3, and by
Code of Federal Regulations, title 23, part 658.19.
new text end

new text begin Subd. 4. new text end

new text begin Permit fee. new text end

new text begin Vehicle permits issued under
subdivision 1, clause (1), must be annual permits. The fee is
$850 for each vehicle and must be deposited in the trunk highway
fund. An amount sufficient to administer the permit program is
appropriated to the commissioner for the costs of administering
the permit program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the later of
August 1, 2006, or the date on which the commissioner determines
that building permits have been issued for the construction of a
new pulp and paper manufacturing facility at Grand Rapids.
new text end

Sec. 89.

Minnesota Statutes 2004, section 169.87,
subdivision 4, is amended to read:

Subd. 4.

Vehicle transporting milk.

Until June 1,
deleted text begin 2003 deleted text end new text begin 2007 new text end , a weight restriction imposed under subdivision 1 by
the commissioner of transportation or a local road authority, or
imposed by subdivision 2, does not apply to a vehicle
transporting milk from the point of production to the point of
first processing if, at the time the weight restriction is
exceeded, the vehicle is carrying milk loaded at only one point
of production. This subdivision does not authorize a vehicle
described in this subdivision to exceed a weight restriction of
five tons per axle by more than two tons per axle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2005.
new text end

Sec. 90.

Minnesota Statutes 2004, section 169.87,
subdivision 5, is amended to read:

Subd. 5.

Utility vehicles.

(a) Weight restrictions
imposed by the commissioner under deleted text begin subdivision deleted text end new text begin subdivisions new text end 1 new text begin and
2 new text end do not apply to a two-axle or three-axle utility vehicle that
does not exceed a weight of 20,000 pounds per single axle and
36,000 pounds gross vehicle weight for a two-axle vehicle or
48,000 pounds gross vehicle weight for a three-axle vehicle, if
the vehicle is owned by:

(1) a public utility as defined in section 216B.02;

(2) a municipality or municipal utility that operates the
vehicle for its municipal electric, gas, or water system; or

(3) a cooperative electric association organized under
chapter 308A.

(b) The exemption in this subdivision applies only when the
vehicle is performing service restoration or other work
necessary to prevent an imminent loss of service.

new text begin EFFECTIVE DATE. new text end

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

Sec. 91.

Minnesota Statutes 2004, section 169.99,
subdivision 1b, is amended to read:

Subd. 1b.

Speed.

The uniform traffic ticket must provide
a blank or space wherein an officer who issues a citation for a
violation of deleted text begin section 169.14, subdivision 2, paragraph (a),
clause (3), deleted text end new text begin a speed limit of 55 or 60 miles per hour new text end must
specify whether the speed was greater than ten miles per hour in
excess of deleted text begin the lawful speed deleted text end new text begin a 55 miles per hour speed limit, or
more than five miles per hour in excess of a 60 miles per hour
speed limit new text end .

Sec. 92.

Minnesota Statutes 2004, section 169A.52,
subdivision 3, is amended to read:

Subd. 3.

Test refusal; license revocation.

(a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired), and that the person refused to
submit to a test, the commissioner shall revoke the person's
license or permit to drive, or nonresident operating privilege,
for a period of one year even if a test was obtained pursuant to
this section after the person refused to submit to testing.

(b) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169A.20
(driving while impaired), and that the person refused to submit
to a test, the commissioner shall disqualify the person from
operating a commercial motor vehicle deleted text begin for a period of one year
under section 171.165 (commercial driver's license
disqualification) deleted text end and shall revoke the person's license or
permit to drive or nonresident operating privilege deleted text begin for a period
of one year deleted text end new text begin according to the federal regulations adopted by
reference in section 171.165, subdivision 2 new text end .

Sec. 93.

Minnesota Statutes 2004, section 171.01,
subdivision 22, is amended to read:

Subd. 22.

Commercial motor vehicle.

"Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materials deleted text begin , except for those vehicles having a gross
vehicle weight of 26,000 pounds or less and carrying in bulk
tanks a total of not more than 200 gallons of liquid fertilizer
and petroleum products deleted text end new text begin that are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185 new text end ; or

(5) is outwardly equipped and identified as a school bus,
except for new text begin type III new text end school buses defined in section 169.01,
subdivision 6, clause (5).

new text begin EFFECTIVE DATE. new text end

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

Sec. 94.

Minnesota Statutes 2004, section 171.01,
subdivision 35, is amended to read:

Subd. 35.

Hazardous materials.

"Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, deleted text begin part 172, subpart F deleted text end new text begin parts 100-185 new text end .

Sec. 95.

Minnesota Statutes 2004, section 171.01,
subdivision 47, is amended to read:

Subd. 47.

State.

"State" means deleted text begin any deleted text end new text begin a new text end state new text begin of the United
States new text end , deleted text begin territory or possession of the United States, deleted text end the
District of Columbia, deleted text begin the Commonwealth of deleted text end Puerto Rico deleted text begin or any
province of the Dominion of Canada deleted text end new text begin , the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States new text end .

Sec. 96.

Minnesota Statutes 2004, section 171.01, is
amended by adding a subdivision to read:

new text begin Subd. 48a. new text end

new text begin Tank vehicle. new text end

new text begin "Tank vehicle" means any
commercial motor vehicle that is designed to transport any
liquid or gaseous materials within a tank, as defined in Code of
Federal Regulations, title 49, section 178.320, including a
cargo tank or a portable tank as defined in Code of Federal
Regulations, title 49, section 171.8, that is either permanently
or temporarily attached to the vehicle or the chassis, except
portable tanks having a rated capacity under 1,000 gallons.
new text end

Sec. 97.

Minnesota Statutes 2004, section 171.02, is
amended to read:

171.02 LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.

Subdivision 1.

License required.

Except when expressly
exempted, a person shall not drive a motor vehicle upon a street
or highway in this state unless the person has a license valid
under this chapter for the type or class of vehicle being
driven. The department shall not issue a driver's license to a
person unless and until the person's license from any
jurisdiction has been invalidated. The department shall provide
to the issuing department of any jurisdiction, information that
the licensee is now licensed in Minnesota. A person is not
permitted to have more than one valid driver's license at any
time. The department shall not issue to a person to whom a
current Minnesota identification card has been issued a driver's
license, other than deleted text begin an instruction permit or deleted text end a limited license,
unless the person's Minnesota identification card has been
invalidated.

Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
EXEMPTIONS.] (a) Drivers' licenses deleted text begin shall be deleted text end new text begin are new text end classified
according to the types of vehicles deleted text begin which deleted text end new text begin that new text end 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. Except
as provided in subdivision 2a, no class of license deleted text begin shall be deleted text end new text begin is
new text end 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 deleted text begin shall be deleted text end new text begin are new text end four general classes of licenses as follows:

(b) Class D; valid for:

(1) operating all farm trucks deleted text begin operated by deleted text end new text begin if the farm truck
is:
new text end

(i) deleted text begin the owner, (ii) deleted text end new text begin controlled and operated by a farmer,
including operation by new text end an immediate family member deleted text begin of the owner,
(iii) deleted text end new text begin or new text end an employee of the deleted text begin owner not primarily employed to
operate the farm truck, within 150 miles of the farm, or deleted text end new text begin farmer;
new text end

new text begin (ii) used to transport agricultural products, farm
machinery, or farm supplies, to or from a farm;
new text end

new text begin (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
new text end

(iv) deleted text begin an employee of the owner employed during harvest to
operate the farm truck for the first, continuous transportation
of agricultural products from the production site or on-farm
storage site to any other location within 50 miles of that
site deleted text end new text begin used within 150 miles of the farm new text end ;

(2) operating deleted text begin fire trucks and emergency fire equipment deleted text end new text begin an
authorized emergency vehicle, as defined in section 169.01,
subdivision 5 new text end , whether or not in excess of 26,000 pounds gross
vehicle weight deleted text begin , operated by a firefighter while on duty, or a
tiller operator employed by a fire department who drives the
rear portion of a midmount aerial ladder truck deleted text end ;

(3) operating new text begin a new text end recreational deleted text begin equipment deleted text end new text begin vehicle new text end 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; deleted text begin and
deleted text end

(5) notwithstanding paragraph (c), operating a type A
school 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 deleted text begin , paragraph (b),
deleted text end are satisfied, as determined by the commissioner deleted text begin . deleted text end new text begin ;
new text end

deleted text begin The holder of a class D license may also tow
deleted text end

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

new text begin (7) towing new text end vehicles if new text begin :
new text end

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

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

(c) Class C; valid for:

(1) operating class D new text begin motor new text end vehicles;

(2) with a hazardous materials endorsement, transporting
hazardous materials in class D vehicles; and

(3) with a school bus endorsement, operating school buses
designed to transport 15 or fewer passengers, including the
driver.

(d) Class B; valid for new text begin :
new text end

new text begin (1) new text end operating all deleted text begin vehicles in deleted text end class C new text begin motor vehicles new text end , class
D new text begin motor vehicles new text end , and all other single-unit new text begin motor new text end vehicles
including, with a passenger endorsement, buses deleted text begin . The holder of a
class B license may tow deleted text end new text begin ; and
new text end

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

(e) Class A; valid for operating any vehicle or combination
of vehicles.

Subd. 2a.

deleted text begin exceptions deleted text end new text begin exception for certain school bus
drivers new text end .

deleted text begin (a) Notwithstanding subdivision 2, (1) a hazardous
materials endorsement is not required to operate a vehicle
having a gross vehicle weight of 26,000 pounds or less while
carrying in bulk tanks a total of not more than 200 gallons of
petroleum products and (2) a class C license or hazardous
materials endorsement is not required to operate a farm vehicle
as defined in Code of Federal Regulations, title 49, section
390.5, having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 1,500
gallons of liquid fertilizer.
deleted text end

deleted text begin (b) deleted text end Notwithstanding subdivision 2, paragraph (c), the
holder of a class D driver's license, without a school bus
endorsement, may operate a type A school bus described in
subdivision 2, paragraph (b), under the following conditions:

deleted text begin (1) deleted text end new text begin (a) new text end The operator is an employee of the entity that
owns, leases, or contracts for the school bus and is not solely
hired to provide transportation services under this deleted text begin paragraph
deleted text end new text begin subdivision new text end .

deleted text begin (2) deleted text end new text begin (b) new text end The operator drives the school bus only from points
of origin to points of destination, not including home-to-school
trips to pick up or drop off students.

deleted text begin (3) deleted text end new text begin (c) new text end The operator is prohibited from using the
eight-light system. Violation of this deleted text begin clause deleted text end new text begin paragraph new text end is a
misdemeanor.

deleted text begin (4) deleted text end new text begin (d) new text end The operator's employer has adopted and implemented
a policy that provides for annual training and certification of
the operator in:

deleted text begin (i) deleted text end new text begin (1) new text end safe operation of the type of school bus the
operator will be driving;

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

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

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

deleted text begin (v) deleted text end new text begin (5) new text end handling emergency situations; and

deleted text begin (vi) deleted text end new text begin (6) new text end safe loading and unloading of students.

deleted text begin (5) deleted text end new text begin (e) new text end 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 teachers;
section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating
a type A school bus under this deleted text begin paragraph deleted text end new text begin subdivision new text end .

deleted text begin (6) deleted text end new text begin (f) new text end Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.

deleted text begin (7) deleted text end new text begin (g) new text end The operator's driver's license is verified
annually by the entity that owns, leases, or contracts for the
school bus.

deleted text begin (8) deleted text end new text begin (h) new text end A person who sustains a conviction, as defined
under section 609.02, of violating section 169A.25, 169A.26,
169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
ordinance of another state is precluded from operating a school
bus for five years from the date of conviction.

deleted text begin (9) deleted text end new text begin (i) new text end 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 school bus under
this deleted text begin paragraph deleted text end new text begin subdivision new text end .

deleted text begin (10) deleted text end new text begin (j) new text end A person who sustains a conviction, as defined
under section 609.02, of a fourth moving offense in violation of
chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.

deleted text begin (11) deleted text end new text begin (k) new text end Students riding the school bus must have training
required under section 123B.90, subdivision 2.

deleted text begin (12) deleted text end new text begin (l) new text end An operator must be trained in the proper use of
child safety restraints as set forth in the National Highway
Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses."

deleted text begin (13) deleted text end new text begin (m) new text end Annual certification of the requirements listed in
this deleted text begin paragraph deleted text end new text begin subdivision new text end must be maintained under separate
file at the business location for each operator licensed under
this deleted text begin paragraph deleted text end new text begin subdivision new text end and subdivision 2, paragraph (b),
clause (5). The business manager, school board, governing body
of a nonpublic school, or any other entity that owns, leases, or
contracts for the school bus operating under this deleted text begin paragraph
deleted text end new text begin subdivision new text end is responsible for maintaining these files for
inspection.

deleted text begin (14) deleted text end new text begin (n) new text end The school bus must bear a current certificate of
inspection issued under section 169.451.

deleted text begin (15) deleted text end new text begin (o) new text end The word "School" on the front and rear of the bus
must be covered by a sign that reads "Activities" when the bus
is being operated under authority of this deleted text begin paragraph deleted text end new text begin subdivision new text end .

Subd. 3.

Motorized bicycle.

(a) deleted text begin No deleted text end new text begin A new text end motorized bicycle
deleted text begin shall deleted text end new text begin may not new text end be operated on any public roadway by any person
who does not possess a valid driver's license, unless the person
has obtained a motorized bicycle operator's permit or motorized
bicycle instruction permit from the commissioner of public
safety. The operator's permit may be issued to any person who
has attained the age of 15 years and who has passed the
examination prescribed by the commissioner. The instruction
permit may be issued to any person who has attained the age of
15 years and who has successfully completed an approved safety
course and passed the written portion of the examination
prescribed by the commissioner.

(b) This course must consist of, but is not limited to, a
basic understanding of:

(1) motorized bicycles and their limitations;

(2) motorized bicycle laws and rules;

(3) safe operating practices and basic operating
techniques;

(4) helmets and protective clothing;

(5) motorized bicycle traffic strategies; and

(6) effects of alcohol and drugs on motorized bicycle
operators.

(c) The commissioner may deleted text begin promulgate deleted text end new text begin adopt new text end rules prescribing
the content of the safety course, examination, and the
information to be contained on the permits. A person operating
a motorized bicycle under a motorized bicycle permit is subject
to the restrictions imposed by section 169.974, subdivision 2,
on operation of a motorcycle under a two-wheel instruction
permit.

(d) The fees for motorized bicycle operator's permits are
as follows:

(1) Examination and operator's permit,
valid for one year $ 6
(2) Duplicate $ 3
(3) Renewal permit before age 21
and valid until age 21 $ 9
(4) Renewal permit deleted text begin after deleted text end age 21 new text begin or older
new text end and valid for four years $15
(5) Duplicate of any renewal permit $ 4.50
(6) Written examination and
instruction permit, valid for
30 days $ 6

Subd. 4. [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
commissioner may issue restricted commercial drivers' licenses
and take the following actions to the extent that the actions
are authorized by regulation of the United States Department of
Transportation deleted text begin entitled "Waiver for Farm-Related Service
Industries" as published in the Federal Register, April 17, 1992
deleted text end new text begin in Code of Federal Regulations, title 49, section 383.3,
paragraph (f) new text end :

(1) prescribe examination requirements and other
qualifications for the license;

(2) prescribe classes of vehicles that may be operated by
holders of the license;

(3) specify commercial motor vehicle operation that is
authorized by the license, and prohibit other commercial new text begin motor
new text end vehicle operation by holders of the license; and

(4) prescribe the period of time during which the license
is valid.

(b) Restricted commercial drivers' licenses are subject to
sections 171.165 and 171.166 in the same manner as other
commercial drivers' licenses.

(c) Actions of the commissioner under this subdivision are
not subject to sections 14.05 to 14.47 of the Administrative
Procedure Act.

Subd. 5.

Exemption for certain backup snowplow drivers.

Pursuant to the waiver authorization set forth in Public Law
104-59, section 345, subsection (a), paragraph (5), a person who
operates a commercial motor vehicle for the purpose of removing
snow or ice from a roadway by plowing, salting, or sanding is
not required to hold a commercial driver's license if the person:

(1) is an employee of a local unit of government with a
population of 3,000 or less;

(2) is operating within the boundaries of the local unit of
government;

(3) holds a valid class D driver's license; and

(4) except in the event of a lawful strike, is temporarily
replacing the employee who normally operates the vehicle but
either is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency as determined by
the local unit of government.

Sec. 98.

Minnesota Statutes 2004, section 171.03, is
amended to read:

171.03 PERSONS EXEMPT.

The following persons are exempt from license hereunder:

deleted text begin (1) deleted text end new text begin (a) new text end A person in the employ or service of the United
States federal government new text begin is exempt new text end while driving or operating a
motor vehicle owned by or leased to the United States federal
government deleted text begin , except that only a noncivilian operator of a
commercial motor vehicle owned or leased by the United States
Department of Defense or the Minnesota National Guard is exempt
from the requirement to possess a valid commercial motor vehicle
driver's license; deleted text end new text begin .
new text end

new text begin (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 owned by or leased to the United States federal
government if the person is:
new text end

new text begin (1) on active duty in the U. S. Coast Guard;
new text end

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

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

new text begin (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.
new text end

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

deleted text begin (2) deleted text end new text begin (c) new text end Any person while driving or operating any farm
tractor deleted text begin , deleted text end or implement of husbandry temporarily deleted text begin operated or moved
deleted text end on a highway deleted text begin , and deleted text end new text begin is exempt. new text end For purposes of this section new text begin , new text end 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 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) deleted text end new text begin (d) new text end 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 deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (4) deleted text end new text begin (e) new text end A nonresident who has in immediate possession a
valid commercial driver's license issued by a state new text begin or
jurisdiction new text end in deleted text begin compliance deleted text end new text begin accordance new text end with the deleted text begin Commercial Motor
Vehicle Safety Act of 1986, United States Code, title 49,
sections 521, 2304, and 2701 to 2716 deleted text end new text begin standards of Code of
Federal Regulations, title 49, part 383 new text end , and who is operating in
Minnesota the class of commercial motor vehicle authorized by
the issuing state deleted text begin ; deleted text end new text begin or jurisdiction is exempt.
new text end

deleted text begin (5) deleted text end new text begin (f) new text end 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, new text begin but new text end only for a
period of not more than 90 days in any calendar year new text begin , new text end if the
motor vehicle so operated is duly registered for the current
calendar year in the home state or country of deleted text begin such deleted text end new text begin the
new text end nonresident deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (6) deleted text end new text begin (g) new text end 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 deleted text begin province deleted text end new text begin jurisdiction new text end or by military authorities
of the United States may operate a motor vehicle as a
driver, new text begin but new text end only for a period of not more than 60 days after
becoming a resident of this state new text begin , new text end without being required to
have a Minnesota driver's license as provided in this chapter deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (7) deleted text end new text begin (h) new text end 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 new text begin or jurisdiction new text end in
deleted text begin compliance deleted text end new text begin accordance new text end with the deleted text begin Commercial Motor Vehicle Safety
Act of 1986, United States Code, title 49, sections 521, 2304,
and 2701 to 2716 deleted text end new text begin standards of Code of Federal Regulations, title
49, part 383 new text end , new text begin is exempt new text end for not more than 30 days after becoming
a resident of this state deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (8) deleted text end new text begin (i) new text end Any person operating a snowmobile, as defined in
section 84.81 new text begin , is exempt new text end .

Sec. 99.

Minnesota Statutes 2004, section 171.04,
subdivision 2, is amended to read:

Subd. 2.

Disqualified operators of commercial new text begin motor
new text end vehicles.

During the period of disqualification, the department
shall not issue a class C, class B, or class A new text begin commercial
new text end driver's license new text begin , including a limited license, new text end to a person who
has been disqualified from operating a commercial motor vehicle
under section 171.165.

Sec. 100.

Minnesota Statutes 2004, section 171.05,
subdivision 1, is amended to read:

Subdivision 1.

Person 18 or more years of age.

new text begin (a) new text end Any
person who is 18 or more years of age and who, except for a lack
of instruction in operating a motor vehicle, would otherwise be
qualified to obtain a class D driver's license under this
chapter, may apply for an instruction permit and the department
shall issue deleted text begin such deleted text end new text begin the new text end permit deleted text begin entitling deleted text end new text begin . The instruction permit
entitles new text end the applicant deleted text begin , while having such permit in immediate
possession, deleted text end to drive a motor vehicle for which a class D license
is valid upon the highways for a period of deleted text begin one year, but such
person must be deleted text end new text begin two years if the permit holder:
new text end

new text begin (1) has the permit in immediate possession; and
new text end

new text begin (2) is driving the vehicle while new text end accompanied by an adult
licensed driver who is actually occupying a seat beside the
driver.

new text begin (b) new text end Any license of a lower class may be used as an
instruction permit deleted text begin for deleted text end new text begin to operate a vehicle requiring new text end a higher
class new text begin license new text end for a period of six months after passage of the
written test or tests required for the higher class and when the
licensee is accompanied by and receiving instruction from a
holder of the appropriate higher class license. A copy of the
record of examination taken for the higher class license must be
carried by the driver while using deleted text begin such deleted text end new text begin the new text end lower class license
as an instruction permit.

Sec. 101.

Minnesota Statutes 2004, section 171.05,
subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:

(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;

(2) has completed the classroom phase of instruction in the
driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;

(5) has completed 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; and

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

(b) The instruction permit is valid for deleted text begin one year deleted text end new text begin two years
new text end from the date of application and may be renewed upon payment of
a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.

Sec. 102.

Minnesota Statutes 2004, section 171.05,
subdivision 2b, is amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision applies to persons who have applied for and
received an instruction permit under subdivision 2.

(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under
the supervision of a certified driver education instructor, the
permit holder's parent or guardian, or another licensed driver
age 21 or older. The supervisor must occupy the seat beside the
permit holder.

(c) The permit holder may operate a motor vehicle only when
every occupant under the age of deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child
passenger restraint system properly fastened new text begin according to
sections 169.685 and 169.686 new text end . A person who violates this
paragraph is subject to a fine of deleted text begin $25 deleted text end new text begin $50 new text end . deleted text begin 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,
subdivision 1 deleted text end new text begin A passenger who is at least 15 years of age is
subject to the requirements and penalty of section 169.686 new text end . The
commissioner shall not record a violation of this paragraph on a
person's driving record.

(d) new text begin The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or
wireless telephone, whether handheld or hands free. The permit
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.
new text end

new text begin (e) new text end The permit holder must maintain a driving record free
of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a motor vehicle in
violation of the law, the commissioner shall suspend, cancel, or
revoke the permit in accordance with the statutory section
violated.

Sec. 103.

Minnesota Statutes 2004, 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 deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child
passenger restraint system properly fastened new text begin according to
sections 169.685 and 169.686 new text end . A person who violates this
paragraph is subject to a fine of deleted text begin $25 deleted text end new text begin $50 new text end . deleted text begin 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. deleted text end new text begin A
passenger who is at least 15 years of age is subject to the
requirements and penalty of section 169.686. new text end The commissioner
shall not record a violation of this paragraph on a person's
driving record.

(b) new text begin A provisional license holder may not operate a motor
vehicle:
new text end

new text begin (1) during the first six months of provisional licensure,
with more than one passenger, except family members; or
new text end

new text begin (2) between the hours of midnight and 5:00 a.m.
new text end

new text begin (c) 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. 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.
new text end

new text begin (d) 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 new text begin as defined in section 171.04 new text end , 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.

Sec. 104.

Minnesota Statutes 2004, section 171.09, is
amended to read:

171.09 DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.

(a) The commissioner deleted text begin shall have the authority deleted text end , when good
cause appears, deleted text begin to deleted text end new text begin may new text end impose restrictions suitable to the
licensee's driving ability or deleted text begin such deleted text end other restrictions applicable
to the licensee as the commissioner may determine to be
appropriate to assure the safe operation of a motor vehicle by
the licensee. deleted text begin The commissioner may,
deleted text end

new text begin (b) Pursuant to Code of Federal Regulations, title 49,
section 383.95, if an applicant for a commercial driver's
license either does not successfully complete the air brake
component of the knowledge test, or does not successfully
complete the skills test in a vehicle equipped with air brakes
as such tests are prescribed in Code of Federal Regulations,
title 49, part 384, the department shall indicate on the class
C, class B, or class A commercial driver's license, if issued,
that the individual is restricted from operating a commercial
motor vehicle equipped with air brakes.
new text end

new text begin (c) new text end Upon receiving satisfactory evidence of any violation
of the restrictions deleted text begin of deleted text end new text begin on new text end the license, new text begin the commissioner may
new text end suspend or revoke the license. A license suspension under this
section is subject to section 171.18, subdivisions 2 and 3.

deleted text begin (b) deleted text end new text begin (d) new text end A person who drives, operates, or is in physical
control of a motor vehicle while in violation of the
restrictions imposed in a restricted driver's license issued to
that person under deleted text begin paragraph (a) deleted text end new text begin this section new text end is guilty of a
crime as follows:

(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.

Sec. 105.

Minnesota Statutes 2004, section 171.12,
subdivision 3, is amended to read:

Subd. 3.

Application and record, when destroyed.

The
department may cause applications for drivers' licenses,
provisional licenses, and instruction permits, and related
records, to be destroyed immediately after the period for which
issued, except that:

(1) the driver's record pertaining to revocations,
suspensions, cancellations, disqualifications, convictions, and
accidents deleted text begin shall be deleted text end new text begin is new text end cumulative and new text begin must be new text end kept for a period
of at least five years;

(2) the driver's record pertaining to new text begin violations of a
driver or vehicle out-of-service order must be kept for a period
of at least ten years; and
new text end

new text begin (3) the driver's record pertaining to felony convictions in
the commission of which a motor vehicle was used, to new text end the
alcohol-related offenses and licensing actions listed in section
169A.03, subdivisions 20 and 21, deleted text begin and deleted text end to violations of deleted text begin sections
deleted text end new text begin section 169.09, to violations of section new text end 169A.31 new text begin , new text end and new text begin to
violations of section new text end 171.24, subdivision 5, deleted text begin shall deleted text end new text begin must
new text end be deleted text begin cumulative and kept for a period of at least 15 years, except
as provided in clause (3); and
deleted text end

deleted text begin (3) the driver's record pertaining to an offense, or a
related licensing action, under section 169A.20, subdivision 1,
clause (1) or (5), must be purged after ten years of any
reference to the offense or action if (i) this offense or action
involved an alcohol concentration of 0.08 or more but less than
0.10, (ii) this offense or action was a first impaired driving
incident, and (iii) the driver has incurred no other impaired
driving incident during the ten-year period. For purposes of
this clause, "impaired driving incident" includes any incident
that may be counted as a prior impaired driving conviction or a
prior impaired driving-related loss of license, as defined in
section 169A.03, subdivisions 20 and 21. This clause does not
apply to the driver's record of a person to whom a commercial
driver's license has been issued deleted text end new text begin retained permanently new text end .

Sec. 106.

Minnesota Statutes 2004, section 171.07,
subdivision 1, is amended to read:

Subdivision 1.

License; contents.

(a) Upon the payment
of the required fee, the department shall issue to every
qualifying applicant a license designating the type or class of
vehicles the applicant is authorized to drive as applied for.
This license must bear a distinguishing number assigned to the
licensee deleted text begin , deleted text end new text begin ; new text end the new text begin licensee's new text end full name, date of birth, new text begin and
new text end residence address deleted text begin and permanent mailing address if different, deleted text end new text begin ; new text end a
description of the licensee in a manner as the commissioner
deems necessary deleted text begin , deleted text end new text begin ; new text end and the usual signature of the licensee. No
license is valid unless it bears the usual signature of the
licensee. Every license must bear a colored photograph or an
electronically produced image of the licensee.

(b) new text begin If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
license, then the applicant shall provide verification from the
United States Postal Service that mail will not be delivered to
the applicant's residence address and that mail will be
delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this
subdivision, the commissioner shall use the alternate mailing
address in lieu of the applicant's residence address for all
notices and mailings to the applicant.
new text end

new text begin (c) new text end Every license issued to an applicant under the age of
21 must be of a distinguishing color and plainly marked
"Under-21."

deleted text begin (c) deleted text end new text begin (d) new text end The department shall use processes in issuing a
license that prohibit, as nearly as possible, the ability to
alter or reproduce a license, or prohibit the ability to
superimpose a photograph or electronically produced image on a
license, without ready detection.

deleted text begin (d) deleted text end new text begin (e) new text end A license issued to an applicant age 65 or over
must be plainly marked "senior" if requested by the applicant.

Sec. 107.

Minnesota Statutes 2004, section 171.07,
subdivision 3, is amended to read:

Subd. 3.

Identification card; fee.

(a) Upon payment of
the required fee, the department shall issue to every qualifying
applicant a Minnesota identification card. The department may
not issue a Minnesota identification card to deleted text begin a person deleted text end new text begin an
individual new text end who has a driver's license, other than a limited
license. The card must bear a distinguishing number assigned to
the applicant; a colored photograph or an electronically
produced image of the applicant; the applicant's full name, date
of birth, and residence address; a description of the applicant
in the manner as the commissioner deems necessary; and the usual
signature of the applicant.

(b) new text begin If the United States Postal Service will not deliver
mail to the applicant's residence address as listed on the
Minnesota identification card, then the applicant shall provide
verification from the United States Postal Service that mail
will not be delivered to the applicant's residence address and
that mail will be delivered to a specified alternate mailing
address. When an applicant provides an alternate mailing
address under this subdivision, the commissioner shall use the
alternate mailing address in lieu of the applicant's residence
address for all notices and mailings to the applicant.
new text end

new text begin (c) new text end Each identification card issued to an applicant under
the age of 21 must be of a distinguishing color and plainly
marked "Under-21."

deleted text begin (c) deleted text end new text begin (d) new text end Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."

deleted text begin (d) deleted text end new text begin (e) new text end The fee for a Minnesota identification card is 50
cents when issued to a person who is mentally retarded, as
defined in section 252A.02, subdivision 2; a physically disabled
person, as defined in section 169.345, subdivision 2; or, a
person with mental illness, as described in section 245.462,
subdivision 20, paragraph (c).

Sec. 108.

Minnesota Statutes 2004, section 171.12,
subdivision 6, is amended to read:

Subd. 6.

Certain convictions not recorded.

new text begin (a) Except as
provided in paragraph (b), new text end the department shall not keep on the
record of a driver any conviction for a violation of deleted text begin section
169.14, subdivision 2, paragraph (a), clause (3), deleted text end new text begin a speed limit
of 55 or 60 miles per hour new text end unless the violation consisted of a
speed greater than ten miles per hour in excess of deleted text begin the lawful
speed deleted text end new text begin a 55 miles per hour speed limit, or more than five miles
per hour in excess of a 60 miles per hour speed limit new text end .

new text begin (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.
new text end

Sec. 109.

Minnesota Statutes 2004, section 171.12,
subdivision 7, is amended to read:

Subd. 7.

Privacy of deleted text begin residence address deleted text end new text begin data new text end .

(a) deleted text begin An
applicant for deleted text end new text begin Data on individuals provided to obtain new text end a driver's
license or a Minnesota identification card deleted text begin may request that the
applicant's residence address be classified as private data on
individuals, as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification upon receipt of a
signed statement by the individual that the classification is
required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address
where the applicant consents to receive service of process. The
commissioner shall use the mailing address in place of the
residence address in all documents and notices pertaining to the
driver's license or identification card. The residence address
and any information provided in the classification request,
other than the mailing address, are private data on individuals
and may be provided to requesting law enforcement agencies,
probation and parole agencies, and public authorities, as
defined in section 518.54, subdivision 9 deleted text end new text begin is classified as
provided by United States Code, title 18, section 2721,
subsection (a) new text end .

(b) An applicant for a driver's license or a Minnesota
identification card deleted text begin must be informed in a clear and conspicuous
manner on the forms for the issuance or renewal that deleted text end new text begin may
consent, in writing, to the commissioner to disclose new text end the
applicant's personal information deleted text begin may be disclosed deleted text end new text begin exempted by
United States Code, title 18, section 2721, subsection (a), new text end to
any person who makes a request for the personal information deleted text begin , and
that except for uses permitted by United States Code, title 18,
section 2721, subsection (b), the applicant may prohibit
disclosure of the personal information by so indicating on the
form deleted text end . new text begin If the applicant so authorizes disclosures, the
commissioner shall implement the request and the information may
be used.
new text end

(c) new text begin If authorized by new text end an applicant for a driver's license or
a Minnesota identification card deleted text begin must be also informed in a clear
and conspicuous manner on forms that deleted text end new text begin , as indicated in paragraph
(b), new text end the applicant's personal information may be used, rented,
or sold solely for bulk distribution by organizations for
business purposes, including surveys, marketing, or
solicitation. deleted text begin The commissioner shall implement methods and
procedures that enable the applicant to request that bulk
surveys, marketing, or solicitation not be directed to the
applicant. If the applicant so requests, the commissioner shall
implement the request in a timely manner and the personal
information may not be so used.
deleted text end

(d) deleted text begin To the extent permitted by United States Code, title
18, section 2721, data on individuals provided to obtain a
Minnesota identification card or a driver's license is public
data on individuals and shall be disclosed as permitted by
United States Code, title 18, section 2721, subsection (b). deleted text end new text begin An
applicant for a driver's license, instruction permit, or
Minnesota identification card may request that the applicant's
residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The
commissioner shall grant the classification on receipt of a
signed statement by the individual that the classification is
required for the safety of the applicant or the applicant's
family, if the statement also provides a valid, existing address
where the applicant consents to receive service of process. The
commissioner shall use the service for process mailing address
in place of the residence address in all documents and notices
pertaining to the driver's license, instruction permit, or
Minnesota identification card. The residence address and any
information provided in the classification request, other than
the mailing address, are private data on individuals and may be
provided to requesting law enforcement agencies, probation and
parole agencies, and public authorities, as defined in section
518.54, subdivision 9.
new text end

new text begin (e) A person shall not retain any information from
magnetically, electronically, or otherwise scanning a driver's
license, permit, or state identification card, except the
document holder's name; date of birth; driver's license, permit,
or state identification card number; and document expiration
date. A person shall not use any of this retained information
for advertising or marketing purposes. A person shall not sell
and shall not otherwise disseminate the retained information to
any third party for any purpose, including any marketing,
advertising, or promotional activities, except that retained
information may be provided under a court order or as authorized
elsewhere in law.
new text end

Sec. 110.

new text begin [171.162] COMMERCIAL DRIVER'S LICENSE, RECORDS
CHECK.
new text end

new text begin As required by Code of Federal Regulations, title 49,
section 383.73, before issuing a class A, class B, or class C
commercial driver's license, the department shall request the
applicant's complete driving record from all states where the
applicant was previously licensed over the last ten years to
operate any type of motor vehicle.
new text end

Sec. 111.

Minnesota Statutes 2004, section 171.165,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin first violation deleted text end new text begin federal standards new text end .

Subject to section 171.166, the commissioner shall disqualify a
person from operating commercial motor vehicles deleted text begin for one year
upon receiving a record of the first conviction of the person
for committing a violation of any of the following offenses
while operating a commercial motor vehicle:
deleted text end

deleted text begin (1) section 169A.20 or 169A.31;
deleted text end

deleted text begin (2) section 169.09, subdivision 1 or 2;
deleted text end

deleted text begin (3) a felony, other than a felony described in subdivision
3, paragraph (a), clause (2), item (ii);
deleted text end

deleted text begin (4) driving with a revoked, suspended, canceled, denied, or
disqualified commercial driver's license;
deleted text end

deleted text begin (5) causing a fatality through the negligent or criminal
operation of a commercial motor vehicle; or
deleted text end

deleted text begin (6) an offense committed in another state that would be
grounds for disqualification under this subdivision or
subdivision 2 if committed in Minnesota deleted text end new text begin in accordance with the
driver disqualifications and penalties in Code of Federal
Regulations, title 49, part 383, subpart D and Code of Federal
Regulations, title 49, section 384.219 new text end .

Sec. 112.

Minnesota Statutes 2004, 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 deleted text begin one year from the effective date of deleted text end a revocation
under section 169A.52 or a statute or ordinance from another
state new text begin or jurisdiction new text end in conformity with it, deleted text begin if the person was
driving, operating, or in physical control of a commercial motor
vehicle at the time of the incident on which the revocation is
based deleted text end new text begin in accordance with the driver disqualifications and
penalties in Code of Federal Regulations, title 49, part 383,
subpart D new text end .

Sec. 113.

Minnesota Statutes 2004, section 171.165,
subdivision 6, is amended to read:

Subd. 6.

Exemptions.

new text begin (a) new text end A disqualification shall not be
imposed under this section on a recreational deleted text begin equipment deleted text end new text begin vehicle
new text end operator, farmer, or deleted text begin firefighter deleted text end new text begin authorized emergency vehicle
operator new text end operating a commercial motor vehicle within the scope
of section 171.02, subdivision 2, paragraph (b).

new text begin (b) A conviction for a violation that occurred before
August 1, 2005, while operating a vehicle that is not a
commercial motor vehicle shall not be counted as a first or
subsequent violation for purposes of determining the period for
which a driver must be disqualified under this section.
new text end

Sec. 114.

new text begin [171.167] NOTICE TO COMMERCIAL DRIVER'S LICENSE
INFORMATION SYSTEM.
new text end

new text begin The department shall participate fully in the commercial
driver's license information system established under the
Commercial Motor Vehicle Safety Act of 1986 at United States
Code, title 49, section 31309.
new text end

Sec. 115.

Minnesota Statutes 2004, section 171.17,
subdivision 1, is amended to read:

Subdivision 1.

Offenses.

(a) The department shall
immediately revoke the license of a driver upon receiving a
record of the driver's conviction of:

(1) manslaughter resulting from the operation of a motor
vehicle or criminal vehicular homicide or injury under section
609.21;

(2) a violation of section 169A.20 or 609.487;

(3) a felony in the commission of which a motor vehicle was
used;

(4) failure to stop and disclose identity and render aid,
as required under section 169.09, in the event of a motor
vehicle accident, resulting in the death or personal injury of
another;

(5) perjury or the making of a false affidavit or statement
to the department under any law relating to the ownership or
operation of a motor vehicle;

(6) except as this section otherwise provides, three
charges of violating within a period of 12 months any of the
provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which
the accused may be punished upon conviction by imprisonment;

(7) two or more violations, within five years, of the
misdemeanor offense described in section 169.444, subdivision 2,
paragraph (a);

(8) the gross misdemeanor offense described in section
169.444, subdivision 2, paragraph (b); deleted text begin or
deleted text end

(9) an offense in another state that, if committed in this
state, would be grounds for revoking the driver's license new text begin ; or
new text end

new text begin (10) a violation of an applicable speed limit by a person
driving in excess of 100 miles per hour. The person's license
must be revoked for six months for a violation of this clause,
or for a longer minimum period of time applicable under section
169A.53, 169A.54, or 171.174 new text end .

(b) The department shall immediately revoke the school bus
endorsement of a driver upon receiving a record of the driver's
conviction of the misdemeanor offense described in section
169.443, subdivision 7.

Sec. 116.

Minnesota Statutes 2004, section 171.30,
subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) In any case
where a person's license has been suspended under section
171.18, 171.173, or 171.186, or revoked under section 169.792,
169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
may issue a limited license to the driver including under the
following conditions:

(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;

(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or

(3) if attendance at a postsecondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.

(b) The commissioner in issuing a limited license may
impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.

(c) For purposes of this subdivision, "homemaker" refers to
the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the
person's dependent child or other dependents.

(d) The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.

(e) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.

(f) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner
may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or
written statement indicating that the driver or owner has
insurance coverage satisfactory to the commissioner of public
safety. The commissioner of public safety may require the
insurance identification card provided to satisfy this
subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.

(g) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days
after the date it is issued. The commissioner must not issue a
limited license to a person who previously has been issued a
limited license under section 171.186, subdivision 4.

new text begin (h) The commissioner shall not issue a limited driver's
license to any person described in section 171.04, subdivision
1, clause (6), (7), (8), (10), (11), or (14).
new text end

new text begin (i) The commissioner shall not issue a class A, class B, or
class C limited license.
new text end

Sec. 117.

Minnesota Statutes 2004, section 174.03, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin State aviation plan. new text end

new text begin (a) Each revision of the
state aviation system plan must comply with the Federal Aviation
Administration requirements and include a supplemental chapter.
The supplemental chapter must include the following:
new text end

new text begin (1) an analysis of the projected commercial aviation needs
of the state over the next 20 years;
new text end

new text begin (2) a description of the present capacity, function, and
levels of activity at each commercial service airport as
designated by the Federal Aviation Administration, each airport
that the commissioner determines is likely to become a
commercial service airport in the next 20 years, and any other
airport that the commissioner determines should be included by
reason of commercial passenger or cargo service levels; and
new text end

new text begin (3) a description of the capacity, function, and levels of
activity that each airport identified in clause (2) must have in
order to carry out the plan's goal and objectives and meet the
needs described under clause (1).
new text end

new text begin (b) In assessing aviation needs and the capacity, function,
and level of activity at any airport, the plan must consider
both commercial passenger service and cargo service.
new text end

Sec. 118.

new text begin [174.032] ADVISORY COUNCIL ON AVIATION
PLANNING.
new text end

new text begin Subdivision 1. new text end

new text begin Advisory council created. new text end

new text begin (a) The
commissioner shall create an advisory council on aviation
planning to advise the commissioner on the supplemental chapter
of the state aviation system plan. The council consists of the
following members appointed by the commissioner except where
otherwise provided:
new text end

new text begin (1) one member of the Metropolitan Airports Commission;
new text end

new text begin (2) one representative of major commercial airlines;
new text end

new text begin (3) one representative of independent pilots who fly for
small business;
new text end

new text begin (4) one representative of the air cargo industry;
new text end

new text begin (5) two representatives of the business community unrelated
to aviation, one of whom must reside within the seven-county
metropolitan area and one of whom must reside outside that area;
new text end

new text begin (6) one representative of environmental interests;
new text end

new text begin (7) one employee of the Department of Transportation's
Office of Aeronautics;
new text end

new text begin (8) two representatives of neighborhoods that are
significantly affected by airplane noise appointed by community
representatives on the Noise Oversight Committee;
new text end

new text begin (9) one representative of tier-two airports (St. Cloud,
Duluth, Willmar, and Rochester);
new text end

new text begin (10) one representative of reliever airports;
new text end

new text begin (11) one member of the senate committee having jurisdiction
over transportation policy, appointed by the chair of that
committee;
new text end

new text begin (12) one member of the house of representatives committee
having jurisdiction over transportation policy, appointed by the
chair of that committee;
new text end

new text begin (13) one representative of the local Airline Service Action
Committee;
new text end

new text begin (14) one representative of the Citizens League of the Twin
Cities;
new text end

new text begin (15) one representative of the Association of Minnesota
Counties;
new text end

new text begin (16) one representative of the League of Minnesota Cities;
new text end

new text begin (17) one representative of the Minnesota Department of
Employment and Economic Development; and
new text end

new text begin (18) one representative of the Metropolitan Council.
new text end

new text begin (b) Members of the advisory council serve at the pleasure
of the appointing authority. Members shall serve without
compensation.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council duties. new text end

new text begin (a) The advisory
council on aviation planning shall advise the commissioner on
the aviation planning chapter of the state aviation system
plan. The advisory council shall assist in the development of
the state aviation system plan by reviewing the work and making
recommendations. The state aviation system plan must consist of:
new text end

new text begin (1) an inventory of airport facilities, based aircraft and
operations;
new text end

new text begin (2) a forecast of aviation activities;
new text end

new text begin (3) a needs assessment to determine improvements needed and
recommendations for each airport by five-year, ten-year, and
20-year forecast periods;
new text end

new text begin (4) present and anticipated capacity needs of commercial
service airports, including limitations on expanding the
capacity of individual commercial service airports imposed by
state or local regulations, safety or environmental concerns,
and land uses near the airport that are incompatible with
airport operations;
new text end

new text begin (5) the needs of Minnesota residents and businesses for
passenger and cargo service, from both a statewide and regional
perspective;
new text end

new text begin (6) anticipated changes in commercial aircraft types and
characteristics;
new text end

new text begin (7) noise and other environmental impacts of aviation at
commercial service airports;
new text end

new text begin (8) trends in the aviation and airline industries; and
new text end

new text begin (9) relationship between aviation and other forms of
transportation covered by the state transportation plan.
new text end

new text begin (b) The advisory council may also make recommendations to
the commissioner, the Metropolitan Airports Commission, and the
legislature concerning the policy steps needed to implement the
chapter.
new text end

new text begin Subd. 3. new text end

new text begin Term of council; expiration; reconvening. new text end

new text begin (a)
The commissioner shall appoint the first advisory council by
July 1, 2005. The council shall submit any recommendations it
makes to the legislature by January 15, 2006. The terms of all
members of the advisory council serving on July 1, 2005, expire
on January 1, 2007.
new text end

new text begin (b) The commissioner shall appoint and convene a new
advisory council not less than two years before the date on
which each revision of the state aviation system plan is
required under section 174.03, subdivision 1a. Each such
advisory council must consist of members as prescribed in
subdivision 1, who shall serve on the same terms as set forth
under subdivision 1. Each such advisory council expires on the
date on which the revision of the state aviation system plan
becomes final.
new text end

Sec. 119.

Minnesota Statutes 2004, section 174.86,
subdivision 5, is amended to read:

Subd. 5.

Commuter rail corridor coordinating committee.

(a) A Commuter Rail Corridor Coordinating Committee shall be
established to advise the commissioner on issues relating to the
alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation
method, construction of commuter rail, public involvement, land
use, service, and safety. The Commuter Rail Corridor
Coordinating Committee shall consist of:

(1) one member representing each significant funding
partner in whose jurisdiction the line or lines are located;

(2) one member appointed by each county in which the
corridors are located;

(3) one member appointed by each city in which advanced
corridor plans indicate that a station may be located;

(4) two members appointed by the commissioner, one of whom
shall be designated by the commissioner as the chair of the
committee;

(5) one member appointed by each metropolitan planning
organization through which the commuter rail line may pass; deleted text begin and
deleted text end

(6) one member appointed by the president of the University
of Minnesota, if a designated corridor provides direct service
to the university new text begin ; and
new text end

new text begin (7) one member appointed by the commissioner who represents
railroad union labor new text end .

(b) A joint powers board existing on April 1, 1999,
consisting of local governments along a commuter rail corridor,
shall perform the functions set forth in paragraph (a) in place
of the committee.

new text begin (c) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
from June 30, 2003. All actions taken in reliance on Minnesota
Statutes, section 15.059 or 174.86, are ratified by the
enactment of this section.
new text end

Sec. 120.

Minnesota Statutes 2004, section 192.502,
subdivision 2, is amended to read:

Subd. 2.

Renewal of professional licenses deleted text begin or
certifications deleted text end new text begin , driver's license, and motor vehicle
registration new text end .

new text begin (a) new text end The renewal of a license or certificate of
registration for a deleted text begin member of the Minnesota National Guard or
other military reserves deleted text end new text begin person new text end who has been ordered to active
military service and who is required by law to be licensed or
registered in order to carry on or practice a deleted text begin health or other
deleted text end trade, employment, occupation, or profession in the state is
governed under sections 326.55 and 326.56.

new text begin (b) The renewal of a driver's license for a person who has
been ordered to active military service is governed under
section 171.27.
new text end

new text begin (c) The renewal and payment of the motor vehicle
registration tax for a vehicle of a person who has been ordered
to active military service is governed under section 168.031.
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. 121.

Minnesota Statutes 2004, section 197.65, is
amended to read:

197.65 RENEWAL OF PROFESSIONAL LICENSES deleted text begin OR CERTIFICATIONS deleted text end new text begin ,
DRIVER'S LICENSE, AND MOTOR VEHICLE REGISTRATION new text end .

new text begin (a) new text end The renewal of a license or certificate of registration
for a person who is serving in or has recently been new text begin separated or
new text end discharged from active military service and who is required by
law to be licensed or registered in order to carry on or
practice a deleted text begin health or other deleted text end trade, employment, occupation, or
profession in the state is governed under sections 326.55 and
326.56.

new text begin (b) The renewal of a driver's license for a person who is
serving in or has recently been separated or discharged from
active military service is governed under section 171.27.
new text end

new text begin (c) The renewal and payment of the motor vehicle
registration tax for a vehicle of a person who is serving in or
has recently been separated or discharged from active military
service is governed under section 168.031.
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. 122.

Minnesota Statutes 2004, section 219.166, is
amended to read:

219.166 ESTABLISHMENT OF QUIET ZONES.

A county, statutory or home rule charter city, or town may
deleted text begin by ordinance establish a defined deleted text end new text begin apply to the Federal Railroad
Administration for the establishment of a new text end "quiet zone" in which
the sounding of horns, whistles, or other audible warnings by
locomotives is regulated or prohibited. deleted text begin A quiet zone
established under this section must consist of at least one-half
mile of railroad right-of-way. deleted text end All quiet zones, regulations,
and ordinances adopted under this section must conform to
federal law and the regulations of the Federal Railroad
Administration new text begin under United States Code, title 49, section 20153 new text end .

Sec. 123.

Minnesota Statutes 2004, section 219.567, is
amended to read:

219.567 FAILURE TO RING BELL.

An engineer driving a locomotive on a railway who fails deleted text begin (1)
deleted text end to ring the bell or sound the whistle on the locomotive, or have
it rung or sounded deleted text begin , at least 80 rods from a place where the
railway crosses a traveled road or street on the same level,
except in cities, or (2) to continue ringing the bell or
sounding the whistle at intervals until the locomotive and
attached train have completely crossed the road or street, deleted text end new text begin in
accordance with Federal Railroad Administration regulations
under United States Code, title 49, section 20153, new text end is guilty of
a misdemeanor.

Sec. 124.

Minnesota Statutes 2004, section 299D.08, is
amended to read:

299D.08 TRAFFIC CITATION QUOTA PROHIBITED.

The State Patrol new text begin or a law enforcement agency new text end shall not
order, mandate, require, or suggest to a patrol trooper new text begin ,
commercial vehicle inspector, or law compliance representative
new text end that the patrol trooper new text begin , inspector, or representative new text end issue a
certain number of traffic citations on a daily, weekly, monthly,
quarterly, or yearly quota basis.

Sec. 125.

Minnesota Statutes 2004, section 325D.01,
subdivision 5, is amended to read:

Subd. 5.

Cost.

The term "cost", as applied to the
wholesale or retail vendor, means:

(1) the actual current delivered invoice or replacement
cost, whichever is lower, without deducting customary cash
discounts, plus any excise or sales taxes imposed on such
commodity, goods, wares or merchandise subsequent to the
purchase thereof and prior to the resale thereof, plus the cost
of doing business at that location by the vendor;

(2) where a manufacturer publishes a list price and
discounts, in determining such "cost" the manufacturer's
published list price then currently in effect, less the
published trade discount but without deducting the customary
cash discount, plus any excise or sales taxes imposed on such
commodity, goods, wares or merchandise subsequent to the
purchase thereof and prior to the resale thereof, plus the cost
of doing business by the vendor shall be prima facie evidence of
"cost" deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (3) for purposes of gasoline offered for sale by way of
posted price or indicating meter by a retailer, at a retail
location where gasoline is dispensed into passenger automobiles
and trucks by the consumer, "cost" means the average terminal
price on the day, at the terminal from which the most recent
supply of gasoline delivered to the retail location was
acquired, plus all applicable state and federal excise taxes and
fees, plus the lesser of six percent or eight cents.
deleted 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. 126.

Minnesota Statutes 2004, section 360.013,
subdivision 39, is amended to read:

Subd. 39.

Airport.

"Airport" means any area of land or
water, except a restricted landing area, which is designed for
the landing and takeoff of aircraft, whether or not facilities
are provided for the shelter, surfacing, or repair of aircraft,
or for receiving or discharging passengers or cargo, and all
appurtenant areas used or suitable for airport buildings or
other airport facilities, including facilities described in
section 116R.02, subdivision 6, and all appurtenant
rights-of-way, whether heretofore or hereafter established. new text begin The
operation and maintenance of airports is an essential public
service.
new text end

Sec. 127.

Minnesota Statutes 2004, section 360.017,
subdivision 1, is amended to read:

Subdivision 1.

Creation; authorized disbursements.

(a)
There is hereby created a fund to be known as the state airports
fund. The fund shall consist of all money appropriated to it,
or directed to be paid into it, by the legislature.

(b) The state airports fund shall be paid out on
authorization of the commissioner and shall be used:

(1) to acquire, construct, improve, maintain, and operate
airports and other air navigation facilities;

(2) to assist municipalities in the acquisition,
construction, improvement, and maintenance of airports and other
air navigation facilities;

(3) to assist municipalities to initiate, enhance, and
market scheduled air service at their airports;

(4) to promote interest and safety in aeronautics through
education and information; and

(5) to pay the salaries and expenses of the Department of
Transportation related to aeronautic planning, administration,
and operation. All allotments of money from the state airports
fund for salaries and expenses shall be approved by the
commissioner of finance.

new text begin A municipality that adopts a comprehensive plan that the
commissioner finds is incompatible with the state aviation plan
is not eligible for assistance from the state airports fund.
new text end

Sec. 128.

Minnesota Statutes 2004, section 360.065, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Disclosure of airport zoning
regulations. new text end

new text begin Before accepting consideration or signing an
agreement to sell or transfer real property that is located in
safety zone A, B, or C, excluding safety zones associated with
an airport owned or operated by the Metropolitan Airports
Commission, under zoning regulations adopted by the governing
body, the seller or transferor, whether executing the agreement
in the seller or transferor's own right, or as executor,
administrator, assignee, trustee, or otherwise by authority of
law, must disclose in writing to the buyer or transferee the
existence of airport zoning regulations that affect the real
property.
new text end

Sec. 129.

Minnesota Statutes 2004, section 473.123,
subdivision 2a, is amended to read:

Subd. 2a.

Terms.

Following each apportionment of council
districts, as provided under subdivision 3a, council members
must be appointed from newly drawn districts as provided in
subdivision 3a. new text begin At the time of appointment, new text end each council
member, other than the chair, must reside in the council
district represented new text begin and must have resided in the council
district for at least six months and in the state for at least
one year immediately preceding the appointment new text end . Each council
district must be represented by one member of the council. The
terms of members end with the term of the governor, except that
all terms expire on the effective date of the next
apportionment. A member serves at the pleasure of the
governor. A member shall continue to serve the member's
district until a successor is appointed and qualified; except
that, following each apportionment, the member shall continue to
serve at large until the governor appoints 16 council members,
one from each of the newly drawn council districts as provided
under subdivision 3a, to serve terms as provided under this
section. The appointment to the council must be made by the
first Monday in March of the year in which the term ends.

[EFFECTIVE DATE; APPLICATION.] new text begin This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington and is effective for appointments made on or after
January 1, 2007.
new text end

Sec. 130.

Minnesota Statutes 2004, section 473.123,
subdivision 3, is amended to read:

Subd. 3.

Membership; appointment; qualifications.

(a)
Sixteen members must be appointed by the governor from districts
defined by this section. new text begin At the time of appointment, new text end each
council member must reside in the council district
represented new text begin and must have resided in the council district for at
least six months and in the state for at least one year
immediately preceding the appointment new text end . Each council district
must be represented by one member of the council.

(b) In addition to the notice required by section 15.0597,
subdivision 4, notice of vacancies and expiration of terms must
be published in newspapers of general circulation in the
metropolitan area and the appropriate districts. The governing
bodies of the statutory and home rule charter cities, counties,
and towns having territory in the district for which a member is
to be appointed must be notified in writing. The notices must
describe the appointments process and invite participation and
recommendations on the appointment.

(c) The governor shall create a nominating committee,
composed of seven metropolitan citizens appointed by the
governor, to nominate persons for appointment to the council
from districts. Three of the committee members must be local
elected officials. Following the submission of applications as
provided under section 15.0597, subdivision 5, the nominating
committee shall conduct public meetings, after appropriate
notice, to accept statements from or on behalf of persons who
have applied or been nominated for appointment and to allow
consultation with and secure the advice of the public and local
elected officials. The committee shall hold the meeting on each
appointment in the district or in a reasonably convenient and
accessible location in the part of the metropolitan area in
which the district is located. The committee may consolidate
meetings. Following the meetings, the committee shall submit to
the governor a list of nominees for each appointment. The
governor is not required to appoint from the list.

(d) Before making an appointment, the governor shall
consult with all members of the legislature from the council
district for which the member is to be appointed.

(e) Appointments to the council are subject to the advice
and consent of the senate as provided in section 15.066.

(f) Members of the council must be appointed to reflect
fairly the various demographic, political, and other interests
in the metropolitan area and the districts.

(g) Members of the council must be persons knowledgeable
about urban and metropolitan affairs.

(h) Any vacancy in the office of a council member shall
immediately be filled for the unexpired term. In filling a
vacancy, the governor may forgo the requirements of paragraph
(c) if the governor has made appointments in full compliance
with the requirements of this subdivision within the preceding
12 months.

[EFFECTIVE DATE; APPLICATION.] new text begin This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington and is effective for appointments made on or after
January 1, 2007.
new text end

Sec. 131.

Minnesota Statutes 2004, section 473.446,
subdivision 3, is amended to read:

Subd. 3.

Certification and collection.

Each county
treasurer shall collect and make settlement of the taxes levied
under subdivisions 1 and 1a new text begin and section 473.4461, subdivision 2,
new text end with the treasurer of the council. The levy of transit taxes
pursuant to this section shall not affect the amount or rate of
taxes which may be levied by any county or municipality or by
the council for other purposes authorized by law and shall be in
addition to any other property tax authorized by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2006 and thereafter.
new text end

Sec. 132.

Minnesota Statutes 2004, section 473.4461, is
amended to read:

473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.

new text begin Subdivision 1. new text end

new text begin Service expansion plan required.
new text end

Notwithstanding any provision of section 473.446 or any other
law, the Metropolitan Council may not levy a tax under section
473.446, subdivision 1, in any city or town not included in the
transit taxing district as it existed on January 1, 2001, unless
the council and the governing body of that city or town have
agreed on a service expansion plan.

new text begin Subd. 2. new text end

new text begin Contractual agreement; property tax levy.
new text end

new text begin Notwithstanding section 473.446, subdivision 2, the Metropolitan
Council may enter into an agreement with a city or a town to
join the transit taxing district. The agreement shall describe
the types and levels of transit services to be provided within
the area comprising the city or town. The agreement must
provide that the area comprising the city or town shall be
subject to the levy under section 473.446, subdivision 1. If a
city or town enters into an agreement to join the transit taxing
district, a copy of that portion of the agreement must be filed
with the auditor or auditors of the county or counties
containing the city or town.
new text end

new text begin Subd. 3. new text end

new text begin Property tax levy allowed for operations. new text end

new text begin A tax
levied in a city or town pursuant to an agreement under
subdivision 2 may be used to fund transit operations or to pay
the costs of principal and interest for transit-related bonded
debt for a period of time not to exceed four years. After the
four-year period, the tax levied in the city or town may be used
only as provided under section 473.446, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment, for taxes payable in 2006 and
thereafter.
new text end

Sec. 133.

Minnesota Statutes 2004, section 473.604,
subdivision 1, is amended to read:

Subdivision 1.

Composition.

The commission consists of:

(1) the mayor of each of the cities, or a qualified voter
appointed by the mayor, for the term of office as mayor;

(2) eight members, appointed by the governor from each of
the following agency districts:

(i) district A, consisting of council districts 1 and 2;

(ii) district B, consisting of council districts 3 and 4;

(iii) district C, consisting of council districts 5 and 6;

(iv) district D, consisting of council districts 7 and 8;

(v) district E, consisting of council districts 9 and 10;

(vi) district F, consisting of council districts 11 and 12;

(vii) district G, consisting of council districts 13 and
14; and

(viii) district H, consisting of council districts 15 and
16.

new text begin At the time of appointment, new text end each member shall be a resident of
the district represented new text begin and must have been a resident of the
council district for at least six months and of the state for at
least one year immediately preceding the appointment new text end . Before
making an appointment, the governor shall consult with each
member of the legislature from the district for which the member
is to be appointed, to solicit the legislator's recommendation
on the appointment;

(3) four members appointed by the governor from outside of
the metropolitan area to reflect fairly the various regions and
interests throughout the state that are affected by the
operation of the commission's major airport and airport system.
Two of these members must be residents of statutory or home rule
charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as a key
airport. The other two must be residents of statutory or home
rule charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as an
intermediate airport. The members must be appointed by the
governor as follows: one for a term of one year, one for a term
of two years, one for a term of three years, and one for a term
of four years. All of the terms start on July 1, 1989. The
successors of each member must be appointed to four-year terms
commencing on the first Monday in January of each fourth year
after the expiration of the original term. Before making an
appointment, the governor shall consult each member of the
legislature representing the municipality or county from which
the member is to be appointed, to solicit the legislator's
recommendation on the appointment; and

(4) a chair appointed by the governor for a term of four
years. The chair may be removed at the pleasure of the governor.

[EFFECTIVE DATE; APPLICATION.] new text begin This section applies in the
counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington and is effective for appointments made on or after
January 1, 2007. new text end

Sec. 134.

Minnesota Statutes 2004, section 515B.1-107, is
amended to read:

515B.1-107 EMINENT DOMAIN.

(a) If a unit is acquired by eminent domain, or if part of
a unit is acquired by eminent domain leaving the unit owner with
a remnant which may not practically or lawfully be used for any
material purpose permitted by the declaration, the award shall
compensate the unit owner and secured party in the unit as their
interests may appear, whether or not any common element interest
is acquired. Upon acquisition, unless the order or final
certificate otherwise provides, that unit's allocated interests
are automatically reallocated among the remaining units in
proportion to their respective allocated interests prior to the
taking, and the association shall promptly prepare, execute, and
record an amendment to the declaration reflecting the
allocations. Any remnant of a unit remaining after part of a
unit is taken under this subsection is thereafter a common
element.

(b) Except as provided in subsection (a), if part of a unit
is acquired by eminent domain, the award shall compensate the
unit owner and secured party for the reduction in value of the
unit and its interest in the common elements, whether or not any
common elements are acquired. Upon acquisition, unless the
order or final certificate otherwise provides, (i) that unit's
allocated interests are reduced in proportion to the reduction
in the size of the unit, or on any other basis specified in the
declaration and (ii) the portion of the allocated interests
divested from the partially acquired unit are automatically
reallocated to that unit and to the remaining units in
proportion to the respective allocated interests of those units
before the taking, with the partially acquired unit
participating in the reallocation on the basis of its reduced
allocated interests.

(c) If part of the common elements is acquired by eminent
domain, new text begin the association shall accept service of process on
behalf of all unit owners and new text end the portion of the award
attributable to the common elements taken shall be paid to the
association. Unless the declaration provides otherwise, any
portion of the award attributable to the acquisition of a
limited common element shall be equally divided among the owners
of the units to which that limited common element was allocated
at the time of acquisition and their secured parties, as their
interests may appear or as provided by the declaration.

(d) In any eminent domain proceeding the units shall be
treated as separate parcels of real estate for valuation
purposes, regardless of the number of units subject to the
proceeding.

(e) Any distribution to a unit owner from the proceeds of
an eminent domain award shall be subject to any limitations
imposed by the declaration or bylaws.

(f) The court order or final certificate containing the
final awards shall be recorded in every county in which any
portion of the common interest community is located.

Sec. 135.

Minnesota Statutes 2004, section 515B.3-102, is
amended to read:

515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.

(a) Except as provided in subsection (b), and subject to
the provisions of the declaration or bylaws, the association
shall have the power to:

(1) adopt, amend and revoke rules and regulations not
inconsistent with the articles of incorporation, bylaws and
declaration, as follows: (i) regulating the use of the common
elements; (ii) regulating the use of the units, and conduct of
unit occupants, which may jeopardize the health, safety or
welfare of other occupants, which involves noise or other
disturbing activity, or which may damage the common elements or
other units; (iii) regulating or prohibiting animals; (iv)
regulating changes in the appearance of the common elements and
conduct which may damage the common interest community; (v)
regulating the exterior appearance of the common interest
community, including, for example, balconies and patios, window
treatments, and signs and other displays, regardless of whether
inside a unit; (vi) implementing the articles of incorporation,
declaration and bylaws, and exercising the powers granted by
this section; and (vii) otherwise facilitating the operation of
the common interest community;

(2) adopt and amend budgets for revenues, expenditures and
reserves, and levy and collect assessments for common expenses
from unit owners;

(3) hire and discharge managing agents and other employees,
agents, and independent contractors;

(4) institute, defend, or intervene in litigation or
administrative proceedings (i) in its own name on behalf of
itself or two or more unit owners on matters affecting the
common elements or other matters affecting the common interest
community or, (ii) with the consent of the owners of the
affected units on matters affecting only those units;

(5) make contracts and incur liabilities;

(6) regulate the use, maintenance, repair, replacement and
modification of the common elements and the units;

(7) cause improvements to be made as a part of the common
elements, and, in the case of a cooperative, the units;

(8) acquire, hold, encumber, and convey in its own name any
right, title, or interest to real estate or personal property,
but (i) common elements in a condominium or planned community
may be conveyed or subjected to a security interest only
pursuant to section 515B.3-112, or (ii) part of a cooperative
may be conveyed, or all or part of a cooperative may be
subjected to a security interest, only pursuant to section
515B.3-112;

(9) grant public utility new text begin and transportation new text end easements
through, over or under the common elements, and, subject to
approval by resolution of unit owners other than declarant or
its affiliates at a meeting duly called, grant other public or
private easements, leases and licenses through, over or under
the common elements;

(10) impose and receive any payments, fees, or charges for
the use, rental, or operation of the common elements, other than
limited common elements, and for services provided to unit
owners;

(11) impose charges for late payment of assessments and,
after notice and an opportunity to be heard, levy reasonable
fines for violations of the declaration, bylaws, and rules and
regulations of the association;

(12) impose reasonable charges for the review, preparation
and recordation of amendments to the declaration, resale
certificates required by section 515B.4-107, statements of
unpaid assessments, or furnishing copies of association records;

(13) provide for the indemnification of its officers and
directors, and maintain directors' and officers' liability
insurance;

(14) provide for reasonable procedures governing the
conduct of meetings and election of directors;

(15) exercise any other powers conferred by law, or by the
declaration, articles of incorporation or bylaws; and

(16) exercise any other powers necessary and proper for the
governance and operation of the association.

(b) Notwithstanding subsection (a) the declaration or
bylaws may not impose limitations on the power of the
association to deal with the declarant which are more
restrictive than the limitations imposed on the power of the
association to deal with other persons.

Sec. 136. new text begin PROPERTY IN SAFETY ZONE.
new text end

new text begin Subdivision 1. new text end

new text begin Duty of metropolitan airports commission.
new text end

new text begin Notwithstanding any contrary law in this chapter, Minnesota
Rules, part 8800.2400, or any other administrative order, the
Metropolitan Airports Commission, upon receipt of an offer
described in subdivision 2, shall purchase real property from an
owner of property:
new text end

new text begin (1) that is located at the south end of Runway 17-35 at the
Minneapolis-St. Paul International Airport;
new text end

new text begin (2) that is located in the original safety zone A within
the meaning of Minnesota Rules, 8800.2400, subpart 5;
new text end

new text begin (3) more than 50 percent of the acreage of which is within
500 feet of either side of the extended runway centerline of
Runway 17-35;
new text end

new text begin (4) that is located within 5,000 feet of the end of Runway
17-35 and thus is eligible for partial reimbursement under
Federal Aviation Administration Order 5100.38B, January 2004;
and
new text end

new text begin (5) that meets or exceeds the density requirements set
forth in Minnesota Rules, 8800.2400, subpart 6, item C.
new text end

new text begin Subd. 2. new text end

new text begin Offer to sell property. new text end

new text begin Within 45 days of the
effective date of this section, an owner of property described
in subdivision 1, in order to compel the commission to acquire
the property, shall provide to the commission a written offer to
sell the property at a stated price and on terms stated in the
offer.
new text end

new text begin Subd. 3. new text end

new text begin Acquisition. new text end

new text begin Upon receipt of the offer
described in subdivision 2, the commission shall negotiate in
good faith for the acquisition of the property. If the parties
fail to reach agreement within 60 days of delivery of the offer,
the commission shall proceed as an acquiring authority under
Minnesota Statutes, section 117.036, to acquire the property.
If the owner and commission have not reached agreement on
acquisition price and terms, within 120 days of receipt of the
initial offer, the commission shall commence eminent domain
proceedings under chapter 117.
new text end

new text begin Subd. 4. new text end

new text begin Commission reimbursement. new text end

new text begin The commission shall
seek reimbursement from the Federal Aviation Administration for
its costs in acquiring the property under all applicable
programs, including Federal Aviation Administration Order
5100.38B, January 2004.
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. 137. new text begin ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES
AND DRIVER'S LICENSE AGENT FOR HENNEPIN COUNTY.
new text end

new text begin Notwithstanding Minnesota Statutes, section 168.33, and
rules adopted by the commissioner of public safety, limiting
sites for the office of deputy registrar based on either the
distance to an existing deputy registrar office or the annual
volume of transactions processed by any deputy registrar within
Hennepin County before or after the proposed appointment, the
commissioner of public safety shall appoint a new deputy
registrar of motor vehicles and driver's license agent for
Hennepin County to operate a new full-service Office of Deputy
Registrar, with full authority to function as a registration and
motor vehicle tax collection and driver's license bureau, at the
Midtown Exchange Building in the city of Minneapolis. All other
provisions regarding the appointment and operation of a deputy
registrar of motor vehicles and driver's license agent under
Minnesota Statutes, sections 168.33 and 171.061, and Minnesota
Rules, chapter 7406, apply to the office.
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. 138. new text begin WETLAND REPLACEMENT REQUIREMENT EXEMPTION.
new text end

new text begin Notwithstanding any law to the contrary, due to the
construction of a trail in or near the city of Cologne on type I
and type III wetlands in the area between the improved portion
of marked State Highway 284 and Benton Lake, wetland replacement
is eligible for replacement under Minnesota Statutes, section
103G.222, subdivision 1, paragraph (l).
new text end

Sec. 139. new text begin DEPUTY REGISTRAR AND DRIVER'S LICENSE AGENT
APPOINTMENT.
new text end

new text begin Notwithstanding any restriction in law or rule concerning
proximity of deputy motor vehicle registrar offices or predicted
number of annual applications processed, the commissioner of
public safety shall appoint the auditor of Carver County as a
deputy motor vehicle registrar and driver's license agent in the
city of Chanhassen. All provisions of Minnesota Statutes,
sections 168.33 and 171.061, not inconsistent with this section,
apply to the appointments under this section.
new text end

Sec. 140. new text begin CHILD PASSENGER RESTRAINT LAW AWARENESS
CAMPAIGN.
new text end

new text begin The commissioner of public safety shall conduct a child
passenger restraint law awareness campaign by developing and
distributing education materials, making public service
announcements through mass media throughout the state, and
implementing other education and awareness activities to educate
the public about state laws concerning child restraint in
vehicles and to inform individuals in financial need how to
obtain child restraint systems at no cost.
new text end

Sec. 141. new text begin MAXIMUM SPEED IN CITY OF ORR.
new text end

new text begin In order to eliminate or reduce local safety hazards, a
railway corporation may not permit a train to be operated at a
speed in excess of 30 miles per hour while any portion of the
engine or train is within the limits of the city of Orr in St.
Louis County.
new text end

[EFFECTIVE DATE; LOCAL APPROVAL.] new text begin This section is effective
the day after the governing body of the city of Orr and its
chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end

Sec. 142. new text begin CHANGEABLE MESSAGE SIGN ON U.S. HIGHWAY 2.
new text end

new text begin The commissioner of transportation shall erect and operate
a changeable message sign on U.S. Highway 2, on the approach to
the Richard I. Bong Bridge in the city of Duluth.
new text end

Sec. 143. new text begin RAMP METERS DEACTIVATED.
new text end

new text begin (a) Based on the "Twin Cities Ramp Meter Evaluation,"
published pursuant to Laws 2000, chapter 479, article 1, section
8, on pertinent camera-surveillance observations of the Traffic
Management Center, and on other traffic management evaluations
and findings of the Department of Transportation, the
commissioner of transportation shall deactivate, by August 1,
2005, the 100 access ramp meters in the seven-county
metropolitan area found by the commissioner to be the least
effective or beneficial in cost and time for controlling traffic
congestion.
new text end

new text begin (b) On August 1, 2005, any money appropriated for the
operation and support of those 100 meters cancels to the fund
from which appropriated.
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. 144. new text begin SUSPENSION OF PROGRAM TO VERIFY INSURANCE
COVERAGE THROUGH SAMPLING.
new text end

new text begin The commissioner of public safety shall take no action
under Minnesota Statutes, section 169.796, subdivision 3, and
shall discontinue all activities related to the program to
verify insurance coverage through sampling, except as provided
in sections 144 to 151.
new text end

Sec. 145. new text begin REINSTATEMENT OF SUSPENDED LICENSES.
new text end

new text begin The commissioner, without requiring proof of insurance or
payment of a reinstatement fee, shall reinstate the driver's
license of every vehicle owner whose license is suspended under
Minnesota Statutes, section 169.796, subdivision 3, retroactive
to the date of the suspension. The commissioner shall promptly
refund any such reinstatement fees previously paid.
new text end

Sec. 146. new text begin DISMISSAL OF CHARGES.
new text end

new text begin All charges, complaints, and citations issued for a
violation of Minnesota Statutes, section 169.796, subdivision 3,
or a related violation, including driving after a license
suspension imposed for failure to comply with the provisions of
Minnesota Statutes, section 169.796, subdivision 3, are void and
must be dismissed.
new text end

Sec. 147. new text begin REMOVAL OF PREVIOUS VIOLATIONS.
new text end

new text begin The commissioner shall purge from a person's driving record
any notation of a violation of Minnesota Statutes, section
169.796, subdivision 3, and any notation of a related suspension
or violation, including driving after a license suspension
imposed for failure to comply with the provisions of Minnesota
Statutes, section 169.796, subdivision 3. An insurer may not
increase a premium for a policy of vehicle insurance on the
basis of a violation described in this section by a named
insured if the violation occurred before the effective date of
this section, and any such increase previously imposed must be
rescinded and any related premium increase promptly refunded.
new text end

Sec. 148. new text begin REMEDIATION FOR CONVICTIONS.
new text end

new text begin A court in which a conviction for an offense referred to in
section 146 occurred, must vacate the conviction, on its own
motion, without cost to the person convicted, and must
immediately notify the person that the conviction has been
vacated.
new text end

Sec. 149. new text begin REMEDIATION BY INSURERS.
new text end

new text begin (a) Insurers that issue or renew motor vehicle insurance in
this state shall, within 60 days after the effective date of
this section, inform the commissioner of commerce as to whether
it has canceled, failed to renew, denied an application for
coverage, or imposed a surcharge on any motor vehicle insurance
due to a suspension or conviction as a result of the law
referenced in section 144, provide a list of any such persons,
and indicate for each person the remediation the insurer intends
to provide.
new text end

new text begin (b) Remediation under paragraph (a) must compensate the
victim by providing refunds and reinstatements of coverage.
new text end

new text begin (c) Insurers shall provide the remediation without
requiring that the person make a request for remediation.
new text end

new text begin (d) The commissioner of commerce shall enforce this section
under its general enforcement powers under Minnesota Statutes,
chapter 45.
new text end

Sec. 150. new text begin REPORT.
new text end

new text begin The commissioner of public safety shall report to the
chairs of the house of representatives and senate committees
with jurisdiction over transportation policy and finance by
September 1, 2007, concerning the operation of the vehicle
insurance verification program, and the impact of the program on
the identification and number of uninsured motorists.
new text end

Sec. 151. new text begin PUBLIC SAFETY FUNDING.
new text end

new text begin The commissioner of public safety shall use unspent funds
appropriated for purposes of administering Minnesota Statutes,
section 169.796, subdivision 3, to carry out the provisions of
sections 145 and 147. Funds remaining at the conclusion of
fiscal year 2005 may be carried over to fiscal year 2006 until
expended, to complete the required provisions of sections 145
and 147.
new text end

Sec. 152. new text begin FLOODWOOD SAFETY REST AREA.
new text end

new text begin Notwithstanding Minnesota Statutes, section 160.2725,
subdivisions 1 and 5, or other lease or agreement to the
contrary, the operator of the safety rest area in the city of
Floodwood may sell nonalcoholic beverages and snack foods. This
provision may not be waived by contract or other agreement.
new text end

Sec. 153. new text begin MITIGATION REQUIRED.
new text end

new text begin The Metropolitan Airports Commission shall adopt the
recommendation of the Noise Oversight Committee dated March 26,
2004, which provides that homes within the 62 DNL noise contour
and greater on the 2007 Part 150 Noise Exposure Map will receive
the five-decibel reduction insulation package based upon the
block intersect method, and that homes within the 60 and 61 DNL
noise contours will receive a sound insulation package with a
cost not to exceed $13,500 per home based upon the block
intersect method. The Metropolitan Airports Commission shall
establish a schedule to ensure completion of the required
insulation by December 31, 2010.
new text end

Sec. 154. new text begin WHEELCHAIR SECUREMENT POSITION TEMPORARY
EXEMPTION.
new text end

new text begin Notwithstanding any contrary provisions in Minnesota
Statutes, chapter 299A, or Minnesota Rules, chapter 7450,
enrolled participants in the National Veterans Wheelchair Games
may be transported in transit vehicles in side-facing positions.
Transportation services and operators of transit vehicles, when
they are providing transportation to enrolled participants in
the National Veterans Wheelchair Games in the counties of
Hennepin and Ramsey, are exempt from statutes and rules insofar
as they prohibit transportation of wheelchair users in
side-facing positions. This exemption is effective on June 26,
2005, and expires on July 3, 2005.
new text end

Sec. 155. new text begin RULE CHANGE; INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change Minnesota Rules, part
8820.3300, subpart 2, to require that comments be directed to
the commissioner of transportation in conformity with the same
period allowed for written objections to be received by the
commissioner under this act's amendments to Minnesota Statutes
2004, sections 162.02, subdivision 3a, and 162.09, subdivision
3a. The rule change is effective the same day as the effective
date of this act's amendments to Minnesota Statutes 2004,
sections 162.02, subdivision 3a, and 162.09, subdivision 3a.
new text end

Sec. 156. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall renumber each section of
Minnesota Statutes in column A with the number in column B. The
revisor shall also make any necessary cross-reference changes.
new text end

new text begin Column A new text end new text begin Column B
new text end

new text begin 170.24 new text end new text begin 169.09, subdivision 14a
new text end

new text begin 170.54 new text end new text begin 169.09, subdivision 5a
new text end

Sec. 157. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 168.011, subdivision
19; 168.15, subdivision 2; 169.09, subdivision 10; 170.55; and
171.165, subdivisions 3, 4, 4a, and 4b, are repealed.
new text end

new text begin (b) Minnesota Statutes 2004, sections 325D.01, subdivisions
11 and 12; and 325D.71, are repealed.
new text end

new text begin (c) Minnesota Statutes 2004, sections 168.831, 168.832,
168.833, 168.834, 168.835, 168.836, and 168.837, are repealed.
new text end

new text begin (d) Minnesota Rules, part 7503.2400, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) of this section is
effective the day following final enactment.
new text end

ARTICLE 2

TECHNICAL CORRECTIONS

Section 1.

Minnesota Statutes 2004, section 296A.07,
subdivision 3, as amended by 2005 H.F. No. 2461, article 3,
section 3, if enacted, is amended to read:

Subd. 3.

Rate of tax.

The gasoline excise tax is imposed
at the following rates:

(1) E85 is taxed at the rate of 17.75 cents per gallon
until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and 21.3 cents per gallon thereafter;

(2) M85 is taxed at the rate of 14.25 cents per gallon
until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and 17.1 cents per gallon thereafter;
and

(3) all other gasoline is taxed at the rate of 25 cents per
gallon until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and 30 cents per gallon
thereafter.

new text begin EFFECTIVE DATE. new text end

This section is effective June 1, 2005 new text begin ,
and applies to all gasoline in distributor storage on that date new text end .

Sec. 2.

Minnesota Statutes 2004, section 296A.08,
subdivision 2, as amended by 2005 H.F. No. 2461, article 3,
section 4, if enacted, is amended to read:

Subd. 2.

Rate of tax.

The special fuel excise tax is
imposed at the following rates:

(a) Liquefied petroleum gas or propane is taxed at the rate
of 18.75 cents per gallon until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and 22.5
cents per gallon thereafter.

(b) Liquefied natural gas is taxed at the rate of 15 cents
per gallon until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and 18 cents per gallon
thereafter.

(c) Compressed natural gas is taxed at the following
rates: $2.174 per thousand cubic feet, or 25 cents per gasoline
equivalent, until May 31, deleted text begin 2006 deleted text end new text begin 2007 new text end , and $2.609 per thousand
cubic feet, or 30 cents per gasoline equivalent thereafter. For
purposes of this paragraph "gasoline equivalent," as defined by
the National Conference on Weights and Measures, is 5.66 pounds
of natural gas.

(d) All other special fuel is taxed at the same rate as the
gasoline excise tax as specified in section 296A.07, subdivision
2. The tax is payable in the form and manner prescribed by the
commissioner.

new text begin EFFECTIVE DATE. new text end

This section is effective June 1, 2005 new text begin ,
and applies to all special fuels in distributor storage on that
date new text end .

Sec. 3.

Minnesota Statutes 2004, section 297A.94, as
amended by 2005 H.F. No. 2461, article 3, section 5, if enacted,
is amended to read:

297A.94 DEPOSIT OF REVENUES.

(a) Except as provided in this section, the commissioner
shall deposit the revenues, including interest and penalties,
derived from the taxes imposed by this chapter in the state
treasury and credit them to the general fund.

(b) The commissioner shall deposit taxes in the Minnesota
agricultural and economic account in the special revenue fund if:

(1) the taxes are derived from sales and use of property
and services purchased for the construction and operation of an
agricultural resource project; and

(2) the purchase was made on or after the date on which a
conditional commitment was made for a loan guaranty for the
project under section 41A.04, subdivision 3. The commissioner of
finance shall certify to the commissioner the date on which the
project received the conditional commitment. The amount
deposited in the loan guaranty account must be reduced by any
refunds and by the costs incurred by the Department of Revenue
to administer and enforce the assessment and collection of the
taxes.

(c) The commissioner shall deposit the revenues, including
interest and penalties, derived from the taxes imposed on sales
and purchases included in section 297A.61, subdivision 3,
paragraph (g), clauses (1) and (4), in the state treasury, and
credit them as follows:

(1) first to the general obligation special tax bond debt
service account in each fiscal year the amount required by
section 16A.661, subdivision 3, paragraph (b); and

(2) after the requirements of clause (1) have been met, the
balance to the general fund.

(d) The commissioner shall deposit the revenues, including
interest and penalties, collected under section 297A.64,
subdivision 5, in the state treasury and credit them to the
general fund. By July 15 of each year the commissioner shall
transfer to the highway user tax distribution fund an amount
equal to the excess fees collected under section 297A.64,
subdivision 5, for the previous calendar year.

(e) For fiscal year 2001, 97 percent; for fiscal years 2002
and 2003, 87 percent; and for fiscal year 2004 and thereafter,
deleted text begin 87.1 deleted text end new text begin 72.43 new text end percent of the revenues, including interest and
penalties, transmitted to the commissioner under section
297A.65, must be deposited by the commissioner in the state
treasury as follows:

(1) 50 percent of the receipts must be deposited in the
heritage enhancement account in the game and fish fund, and may
be spent only on activities that improve, enhance, or protect
fish and wildlife resources, including conservation,
restoration, and enhancement of land, water, and other natural
resources of the state;

(2) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only for state parks
and trails;

(3) 22.5 percent of the receipts must be deposited in the
natural resources fund, and may be spent only on metropolitan
park and trail grants;

(4) three percent of the receipts must be deposited in the
natural resources fund, and may be spent only on local trail
grants; and

(5) two percent of the receipts must be deposited in the
natural resources fund, and may be spent only for the Minnesota
Zoological Garden, the Como Park Zoo and Conservatory, and the
Duluth Zoo.

(f) The revenue dedicated under paragraph (e) may not be
used as a substitute for traditional sources of funding for the
purposes specified, but the dedicated revenue shall supplement
traditional sources of funding for those purposes. Land
acquired with money deposited in the game and fish fund under
paragraph (e) must be open to public hunting and fishing during
the open season, except that in aquatic management areas or on
lands where angling easements have been acquired, fishing may be
prohibited during certain times of the year and hunting may be
prohibited. At least 87 percent of the money deposited in the
game and fish fund for improvement, enhancement, or protection
of fish and wildlife resources under paragraph (e) must be
allocated for field operations.

(g) Of the revenues that the commissioner determines are
derived from sales and use in the counties of Anoka,
Carver, deleted text begin Chisago, deleted text end Dakota, Hennepin, Ramsey, Scott, and
Washington, the commissioner shall deposit 3.08 percent into the
metropolitan area transit fund created in section 16A.88,
subdivision 2, and .77 percent into the greater Minnesota
transit fund created under section 16A.88, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 297B.09,
subdivision 1, as amended by 2005 H.F. No. 2461, article 3,
section 6, if enacted, is amended to read:

Subdivision 1.

Deposit of revenues.

(a) Money collected
and received under this chapter must be deposited as provided in
this subdivision.

(b) From July 1, 2002, to June 30, 2003, 32 percent of the
money collected and received must be deposited in the highway
user tax distribution fund, 20.5 percent must be deposited in
the metropolitan area transit fund under section 16A.88, and
1.25 percent must be deposited in the greater Minnesota transit
fund under section 16A.88. The remaining money must be
deposited in the general fund.

(c) From July 1, 2003, to June 30, deleted text begin 2005 deleted text end new text begin 2007 new text end , 30 percent
must be deposited in the highway user tax distribution fund,
21.5 percent must be deposited in the metropolitan area transit
fund under section 16A.88, 1.43 percent must be deposited in the
greater Minnesota transit fund under section 16A.88, 0.65
percent must be deposited in the county state-aid highway fund,
and 0.17 percent must be deposited in the municipal state-aid
street fund. The remaining money must be deposited in the
general fund.

(d) From July 1, 2007, to June 30, 2008, 38.25 percent must
be deposited in the highway user tax distribution fund, 24.225
percent must be deposited in the metropolitan area transit fund
under section 16A.88, and 1.275 percent must be deposited in the
greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.

(e) From July 1, 2008, to June 30, 2009, 44.25 percent must
be deposited in the highway user tax distribution fund, 28.025
percent must be deposited in the metropolitan area transit fund
under section 16A.88, and 1.475 percent must be deposited in the
greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.

(f) From July 1, 2009, to June 30, 2010, 50.25 percent must
be deposited in the highway user tax distribution fund, 31.825
percent must be deposited in the metropolitan area transit fund
under section 16A.88, and 1.675 percent must be deposited in the
greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.

(g) From July 1, 2010, to June 30, 2011, 56.25 percent must
be deposited in the highway user tax distribution fund, 35.625
percent must be deposited in the metropolitan area transit fund
under section 16A.88, and 1.875 percent must be deposited in the
greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.

(h) On and after July 1, 2011, 60 percent must be deposited
in the highway user tax distribution fund, 38 percent must be
deposited in the metropolitan area transit fund under section
16A.88, and two percent must be deposited in the greater
Minnesota transit fund under section 16A.88. The remaining
money must be deposited in the general fund.

(i) Notwithstanding any other law, the commissioner shall
in fiscal years 2006 through 2009 reduce the amount that would
be distributed to the trunk highway fund from the amount
deposited in the highway user tax distribution fund under this
section by the following amounts, and shall transfer the amount
so reduced to the general fund:

(1) in fiscal year 2006, $100,200,000;

(2) in fiscal year 2007, $103,600,000;

(3) in fiscal year 2008, $106,000,000; and

(4) in fiscal year 2009, $109,700,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective on the date indicated for
each section if 2005 H.F. No. 2461 is enacted.
new text end