4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to the organization and operation of state 1.3 government; appropriating money to the department of 1.4 transportation and other agencies; providing for speed 1.5 limits and recording of speeding violations; 1.6 authorizing special license plates; providing for 1.7 designated parent agreements; authorizing certain tax 1.8 levies for replacement transit service; providing for 1.9 highway disputes between counties and municipalities; 1.10 amending Minnesota Statutes 1994, sections 115A.9651, 1.11 subdivision 1; 160.83, by adding a subdivision; 1.12 160.85, by adding a subdivision; 161.085; 161.14, by 1.13 adding subdivisions; 161.36, subdivisions 1, 2, 3, and 1.14 4; 161.46, subdivision 3; 161.53; 162.02, subdivisions 1.15 7, 8, and by adding a subdivision; 162.07, 1.16 subdivisions 1, 5, and 6; 162.08, subdivisions 4 and 1.17 7; 162.14, subdivision 6; 168.013, subdivision 3; 1.18 168.042, subdivision 8, and by adding a subdivision; 1.19 168.12, subdivision 2; 168.123, subdivisions 1 and 4; 1.20 168.15; 168.33, by adding a subdivision; 169.07; 1.21 169.121, subdivision 3; 169.14, subdivision 2, and by 1.22 adding a subdivision; 169.82, subdivision 3; 169.85; 1.23 169.871, by adding a subdivision; 169.983; 169.99, 1.24 subdivision 1b; 171.05, by adding a subdivision; 1.25 171.07, by adding a subdivision; 171.12, subdivision 1.26 6; 171.26; 173.02, subdivision 6; 173.07, subdivision 1.27 1; 174.04; 222.37, subdivision 1; 260.173, subdivision 1.28 2; 473.388, subdivision 5, and by adding a 1.29 subdivision; 473.446, by adding a subdivision; and 1.30 524.5-505; Minnesota Statutes 1995 Supplement, 1.31 sections 13.69, subdivision 1; 168.1296, subdivision 1.32 1; 168.16; 169.862; 171.04, subdivision 1; 221.0355, 1.33 subdivisions 5 and 15; 275.065, subdivisions 3 and 6; 1.34 and 473.446, subdivisions 1 and 8; Laws 1994, chapter 1.35 589, section 8; proposing coding for new law in 1.36 Minnesota Statutes, chapters 161; 168; and 173; 1.37 proposing coding for new law as Minnesota Statutes, 1.38 chapter 257A; repealing Minnesota Statutes 1994, 1.39 sections 161.086; 161.115, subdivision 262; and 1.40 169.141. 1.41 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.42 ARTICLE 1 1.43 TRANSPORTATION FUNDING 2.1 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 2.2 The sums in the columns headed "APPROPRIATIONS" are 2.3 appropriated from the general fund, or another named fund, to 2.4 the agencies and for the purposes specified, and are added to 2.5 appropriations for the fiscal years ending June 30, 1996, and 2.6 June 30, 1997, in Laws 1995, chapter 265, or other named law. 2.7 SUMMARY BY FUND 2.8 1996 1997 2.9 General Fund $.,...,-0-,... $ 7,640,000 2.10 Highway User Tax 2.11 Distribution Fund .,...,-0-,... 160,000 2.12 Trunk Highway Fund 9,687,000 42,760,000 2.13 County State Aid Fund .,...,-0-,... 100,000 2.14 Sec. 2. DEPARTMENT OF 2.15 TRANSPORTATION 9,687,000 43,290,000 2.16 (a) State Road Construction 2.17 9,687,000 35,513,000 2.18 The appropriations for fiscal years 2.19 1996 and 1997 are from the trunk 2.20 highway fund for state road 2.21 construction and are added to the 2.22 appropriations in Laws 1995, chapter 2.23 265, article 2, section 2, subdivision 2.24 7, clause (a). 2.25 (b) Design Engineering and Construction 2.26 Engineering 2.27 6,267,000 2.28 This appropriation for fiscal year 1997 2.29 is from the trunk highway fund for 2.30 design engineering and construction 2.31 engineering and is added to the 2.32 appropriations in Laws 1995, chapter 2.33 265, article 2, section 2, subdivision 2.34 7, clauses (d) and (e), as needed. 2.35 For the purpose of Laws 1995, chapter 2.36 254, article 1, section 93, paragraph 2.37 (a), "contracts for highway 2.38 construction or maintenance" includes 2.39 contracts for design engineering and 2.40 construction engineering. 2.41 (c) Greater Minnesota Transit 2.42 Assistance 2.43 1,000,000 2.44 This appropriation for fiscal year 1997 2.45 is for greater Minnesota transit 2.46 assistance and is added to the 2.47 appropriation in Laws 1995, chapter 2.48 265, article 2, section 2, subdivision 2.49 3, clause (a). Any unencumbered 3.1 balance in that clause for fiscal year 3.2 1996 does not cancel but is available 3.3 for the second year. 3.4 (d) General Management 3.5 200,000 3.6 $200,000 is appropriated from the 3.7 general fund for the purpose of 3.8 convening a telecommuting community 3.9 dialogue process to gather information 3.10 on existing telecommunication systems, 3.11 conduct public opinion polls via the 3.12 Internet, and develop recommendations 3.13 on improving the integration and 3.14 coordination of telecommunication 3.15 systems. The department shall report 3.16 findings and recommendations to the 3.17 legislature by February 15, 1997. This 3.18 appropriation is available on receipt 3.19 by the commissioner of $100,000 of 3.20 matching contributions of money from 3.21 nonstate sources. 3.22 (e) Shingobee Road 3.23 100,000 3.24 $100,000 is appropriated from the town 3.25 road account in the county state-aid 3.26 highway fund before the apportionment 3.27 otherwise required to be made under 3.28 Minnesota Statutes, section 162.081, 3.29 subdivisions 2 and 3, for the purpose 3.30 of making a grant to the town of 3.31 Shingobee in Cass county to improve the 3.32 Ah-Gwah-Ching cutoff road. The 3.33 appropriation is available if the 3.34 commissioner determines that the 3.35 Shingobee town board has made a 3.36 commitment to establish the road as a 3.37 town road upon completion of the 3.38 improvement. 3.39 (f) Stone Arch Bridge 3.40 110,000 3.41 The appropriation is for the repair of 3.42 the Stone Arch Bridge. 3.43 (g) Driver Education Programs 3.44 100,000 3.45 This appropriation is for a grant to 3.46 the Minnesota highway safety center at 3.47 St. Cloud State University for driver 3.48 education programs. 3.49 Sec. 3. METROPOLITAN COUNCIL 6,000,000 3.50 This appropriation for fiscal year 1997 3.51 is for metropolitan transit operations 3.52 and is added to the appropriation in 3.53 Laws 1995, chapter 265, article 2, 3.54 section 3. 3.55 Notwithstanding the limit on spending 3.56 for metro mobility in Laws 1995, 4.1 chapter 265, article 2, section 3, the 4.2 metropolitan council may spend up to 4.3 $1,600,000 of this appropriation for 4.4 metro mobility. 4.5 Of this appropriation, the council may 4.6 spend up to $625,000 in fiscal year 4.7 1997 to implement the high-speed bus 4.8 demonstration project authorized in 4.9 Laws 1995, chapter 265, article 2, 4.10 section 3. 4.11 Sec. 4. DEPARTMENT OF PUBLIC SAFETY 1,370,000 4.12 Summary by Fund 4.13 General ..,-0-,... 230,000 4.14 Trunk Highway ..,-0-,... 980,000 4.15 Highway User Tax 4.16 Distribution Fund ..,-0-,... 160,000 4.17 (a) State Patrol 4.18 150,000 4.19 Of this appropriation, $150,000 is from 4.20 the trunk highway fund for four 4.21 additional radio communication 4.22 operators. 4.23 (b) Driver and Vehicle Services 4.24 336,000 4.25 $14,000 from the highway user tax 4.26 distribution fund and $65,000 from the 4.27 trunk highway fund are for costs 4.28 related to the implementation of 4.29 Minnesota Statutes, section 168.042. 4.30 $113,000 is from the highway user tax 4.31 distribution fund and is added to the 4.32 appropriations in Laws 1995, chapter 4.33 265, article 2, section 5, subdivision 4.34 4. This appropriation is for costs 4.35 related to driver's license and motor 4.36 vehicle registration records and is 4.37 available only to the extent required 4.38 to comply with a law effective during 4.39 fiscal year 1997 that substantially 4.40 changes the data privacy status of 4.41 these records. 4.42 $111,000 is from the general fund to 4.43 implement Minnesota Statutes, section 4.44 171.07, subdivision 11. 4.45 $33,000 is from the highway user tax 4.46 distribution fund for programming costs 4.47 related to registration tax refunds for 4.48 rental motor vehicles. 4.49 (c) Administration and Related Services 4.50 884,000 4.51 This appropriation for fiscal year 1997 4.52 is added to the appropriations in Laws 4.53 1995, chapter 265, article 2, section 5.1 5, subdivision 2. 5.2 This appropriation is for agency 5.3 critical operations systems. Of this 5.4 appropriation, $765,000 is from the 5.5 trunk highway fund. 5.6 (d) Critical Habitat Matching 5.7 The commissioner of public safety shall 5.8 determine whether the fees collected 5.9 under Minnesota Statutes, section 5.10 168.1296, for critical habitat license 5.11 plates have been sufficient to cover 5.12 the costs of handling and manufacturing 5.13 the license plates during the biennium 5.14 ending June 30, 1997. If the fees have 5.15 been deficient, the amount of the 5.16 deficiency is appropriated from the 5.17 Minnesota critical habitat private 5.18 sector matching account in the reinvest 5.19 in Minnesota resources fund for 5.20 transfer to the highway user tax 5.21 distribution fund. 5.22 Sec. 5. Minnesota Statutes 1994, section 169.14, 5.23 subdivision 2, is amended to read: 5.24 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 5.25 exists the following speeds shall be lawful, but any speeds in 5.26 excess of such limits shall be prima facie evidence that the 5.27 speed is not reasonable or prudent and that it is unlawful; 5.28 except that the speed limit within any municipality shall be a 5.29 maximum limit and any speed in excess thereof shall be unlawful: 5.30 (1) 30 miles per hour in an urban district; 5.31 (2) 65 miles per hour
in other locations during the daytime5.32 on freeways and expressways, as defined in section 160.02, 5.33 subdivision 16, outside the limits of any urbanized area with a 5.34 population of greater than 50,000 as defined by order of the 5.35 commissioner of transportation; 5.36 (3) 55 miles per hour in such otherlocations during the5.37 nighttimeother than those specified in this section; 5.38 (4) ten miles per hour in alleys; and 5.39 (5) 25 miles per hour in residential roadways if adopted by 5.40 the road authority having jurisdiction over the residential 5.41 roadway. 5.42 (b) A speed limit adopted under paragraph (a), clause (5), 5.43 is not effective unless the road authority has erected signs 5.44 designating the speed limit and indicating the beginning and end 6.1 of the residential roadway on which the speed limit applies. 6.2 (c) "Daytime" means from a half hour before sunrise to a6.3 half hour after sunset, except at any time when due to weather6.4 or other conditions there is not sufficient light to render6.5 clearly discernible persons and vehicles at a distance of 5006.6 feet. "Nighttime" means at any other hour or at any time when6.7 due to weather or other conditions there is not sufficient light6.8 to render clearly discernible persons and vehicles at a distance6.9 of 500 feet.6.10 Sec. 6. Minnesota Statutes 1994, section 169.14, is 6.11 amended by adding a subdivision to read: 6.12 Subd. 4a. [ESTABLISHMENT OF SPEEDS ON 6.13 HIGHWAYS.] Notwithstanding subdivision 4, the commissioner may 6.14 by order designate a maximum lawful speed for freeways and 6.15 expressways, as defined in section 160.02, subdivision 16, with 6.16 or without an engineering and traffic investigation. The order 6.17 may apply to all such highways or to specific highways 6.18 identified in the order. 6.19 Sec. 7. Minnesota Statutes 1994, section 169.983, is 6.20 amended to read: 6.21 169.983 [SPEEDING VIOLATIONS; CREDIT CARD PAYMENT OF 6.22 FINES.] 6.23 The officer who issues a citation for a violation by a 6.24 person who does not reside in Minnesota of section 169.14 or6.25 169.141shall give the defendant the option to plead guilty to 6.26 the violation upon issuance of the citation and to pay the fine 6.27 to the issuing officer with a credit card. 6.28 The commissioner of public safety shall adopt rules to 6.29 implement this section, including specifying the types of credit 6.30 cards that may be used. 6.31 Sec. 8. Minnesota Statutes 1994, section 169.99, 6.32 subdivision 1b, is amended to read: 6.33 Subd. 1b. [SPEED.] The uniform traffic ticket must provide 6.34 a blank or space wherein an officer who issues a citation for a 6.35 violation of section 169.141169.14, subdivision 2, paragraph 6.36 (a), clause (3), must specify whether the speed was greater than 7.1 ten miles per hour in excess of the lawful speed designated7.2 under that section. 7.3 Sec. 9. Minnesota Statutes 1994, section 171.12, 7.4 subdivision 6, is amended to read: 7.5 Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] The 7.6 department shall not keep on the record of a driver any 7.7 conviction for a violation of section 169.141169.14, 7.8 subdivision 2, paragraph (a), clause (3), unless the violation 7.9 consisted of a speed greater than ten miles per hour in excess 7.10 of the lawful speed designated under that section. 7.11 Sec. 10. [DRIVER'S LICENSE FEES; DEPOSIT IN GENERAL FUND.] 7.12 Notwithstanding Minnesota Statutes, section 171.26, up to 7.13 $100,000 in revenues received under Minnesota Statutes, chapter 7.14 171, in fiscal year 1997 shall be deposited in the general 7.15 fund. This deposit is in addition to any deposit of revenue in 7.16 the general fund under Minnesota Statutes, section 171.07, 7.17 subdivision 11. 7.18 Sec. 11. [REPEALER.] 7.19 Minnesota Statutes 1994, section 169.141, is repealed. Any 7.20 order issued under that section is void. 7.21 Sec. 12. [EFFECTIVE DATE.] 7.22 (a) Any provision making an appropriation for fiscal year 7.23 1996 is effective the day following final enactment. 7.24 (b) Section 10 is effective July 1, 1996. 7.25 (c) Sections 5 to 9 and 11 are effective May 1, 1996. 7.26 ARTICLE 2 7.27 TRANSPORTATION CAPITAL IMPROVEMENTS 7.28 Section 1. The sums in the column under "APPROPRIATIONS" are 7.29 appropriated from the trunk highway fund to the state agencies 7.30 or officials indicated, to be spent to acquire and to better 7.31 public land and buildings and other public improvements of a 7.32 capital nature, as specified in this article. 7.33 APPROPRIATIONS 7.34 Sec. 2. FACILITY PROJECTS 21,639,000 7.35 This appropriation is from the trunk 7.36 highway fund to the commissioner of 7.37 transportation for the purposes 8.1 specified in paragraphs (a) and (b). 8.2 (a) Trunk Highway 8.3 Facility Projects 20,454,000 8.4 (1) For construction documents, construction, 8.5 furnishing, and equipping of Bemidji 8.6 headquarters building to replace the existing 8.7 facility. The new facility will house the district 8.8 staff, support services, design, construction, 8.9 right-of-way, materials engineering, maintenance, 8.10 radio shop, inventory center, vehicle maintenance, 8.11 vehicle storage, bridge maintenance, and building 8.12 services 9,000,000 8.13 (2) Repair, replace, construct, or develop 8.14 additions to chemical and salt storage buildings 8.15 at 29 department of transportation locations 8.16 statewide 1,000,000 8.17 (3) For schematic design, design 8.18 development, construction documents, construction, 8.19 furnishing, and equipping of an addition to the 8.20 Rochester district office and state patrol center 1,260,000 8.21 (4) Construct, furnish, and equip a new 8.22 equipment storage building on a new site in 8.23 Pipestone to replace the existing facility 520,000 8.24 (5) Construct, furnish, and equip a new 8.25 equipment storage building on a new site in 8.26 Deer Lake to combine and replace existing 8.27 operations at Togo and Effie 644,000 8.28 (6) Construct, furnish, and equip a new 8.29 equipment storage building on a new site in 8.30 Rushford to replace the existing facility 663,000 8.31 (7) For construction documents, construction, 8.32 furnishing, and equipping of an addition to the 8.33 central services building at Fort Snelling for 8.34 heated storage 855,000 8.35 (8) Schematic design, design development, 8.36 and construction documents for projects 8.37 at Duluth, St. Cloud, Jordan, Fort Snelling, 8.38 Golden Valley, and a new record building 677,000 8.39 (9) Design, construction, equipping, and 8.40 furnishing of an addition to the Garrison truck 8.41 station and related improvements 206,000 8.42 (10) For construction documents, construction, 8.43 furnishing, and equipping of an addition 8.44 to the Hastings truck station 1,362,000 8.45 (11) Construct, furnish, and equip a new 8.46 equipment storage building on a new site in 8.47 Gaylord to replace the existing facility 680,000 8.48 (12) Remove asbestos from various 8.49 department of transportation buildings statewide 200,000 8.50 (13) Construct, furnish, and equip a new 8.51 equipment storage building on a new site 8.52 in Hibbing to replace the existing facility. 8.53 Minnesota Statutes, section 16B.33, does not 8.54 apply to this project 1,237,000 8.55 (14) Design, construction, equipping, and 8.56 furnishing of an addition to the Long 9.1 Prairie truck station and related improvements 215,000 9.2 (15) Design, construction, equipping, and 9.3 furnishing of an addition to the Forest 9.4 Lake truck station and related improvements 451,000 9.5 (16) Design, construction, equipping, and 9.6 furnishing of an addition to the Erskine 9.7 truck station and related improvements 300,000 9.8 (17) Design, construction, equipping, and 9.9 furnishing of an addition to the Dilworth 9.10 truck station and related improvements 514,000 9.11 (18) Construct, furnish, and equip class 9.12 II safety rest areas in Fillmore county, 9.13 Cook county, and Kanabec county 120,000 9.14 (19) Construct pole-type storage buildings 9.15 at department of transportation locations 9.16 throughout the state 350,000 9.17 (20) Land acquisition at Fort Snelling 9.18 next to the central services complex when 9.19 it is made available as surplus property 9.20 by the federal government 200,000 9.21 (21) Clauses (1) to (19) 9.22 are exempt from the requirements 9.23 of Minnesota Statutes, section 16B.335. 9.24 (b) Public Safety Project 1,185,000 9.25 $1,185,000 is appropriated from the 9.26 trunk highway fund for capital 9.27 improvements to license exam stations, 9.28 grounds, and facilities at Arden Hills, 9.29 Eagan, and Plymouth. 9.30 Sec. 3. [DESIGN-BUILD METHOD OF CONSTRUCTION.] 9.31 Beginning with the capital budget projects approved by law 9.32 in 1996, the commissioner of administration or the commissioner 9.33 of transportation may use a design-build method of project 9.34 development and construction for projects to construct new 9.35 vehicle and equipment storage or maintenance facilities. 9.36 "Design-build method of project development and construction" 9.37 means a project delivery system in which a single contractor is 9.38 responsible for both the design and the construction of the 9.39 project. The commissioner of administration or the commissioner 9.40 of transportation may select the projects that will be 9.41 constructed using the design-build method. Minnesota Statutes, 9.42 section 16B.33, does not apply to the projects selected. The 9.43 commissioners are requested to report to the legislature on the 9.44 use of the design-build method, including comparative cost 9.45 analysis, quality of product obtained, advantages and 10.1 disadvantages of using this method, and the commissioners' 10.2 recommendations for further use of the design-build method. 10.3 Sec. 4. [EFFECTIVE DATE.] 10.4 Sections 1 to 3 are effective July 1, 1996. 10.5 ARTICLE 3 10.6 HIGHWAYS AND DRIVERS' LICENSES 10.7 Section 1. Minnesota Statutes 1994, section 115A.9651, 10.8 subdivision 1, is amended to read: 10.9 Subdivision 1. [PROHIBITION.] (a) Except as provided in 10.10 paragraph (d), no person may distribute for sale or use in this 10.11 state any ink, dye, pigment, paint, or fungicide manufactured 10.12 after September 1, 1994, into which lead, cadmium, mercury, or 10.13 hexavalent chromium has been intentionally introduced. 10.14 (b) For the purposes of this subdivision, "intentionally 10.15 introduce" means to deliberately use a metal listed in paragraph 10.16 (a) as an element during manufacture or distribution of an item 10.17 listed in paragraph (a). Intentional introduction does not 10.18 include the incidental presence of any of the prohibited 10.19 elements. 10.20 (c) The concentration of a listed metal in an item listed 10.21 in paragraph (a) may not exceed 100 parts per million. 10.22 (d) The prohibition on the use of lead in substances 10.23 utilized in marking road, street, highway, and bridge pavements 10.24 does not take effect until July 1, 1998. 10.25 Sec. 2. Minnesota Statutes 1994, section 160.83, is 10.26 amended by adding a subdivision to read: 10.27 Subd. 5. [LIABILITY.] A rustic road may be maintained at a 10.28 level less than the minimum standards required for state-aid 10.29 highways, roads, and streets, but must be maintained at the 10.30 level required to serve anticipated traffic volumes. Where a 10.31 road has been designated by resolution as a rustic road and 10.32 speed limits have been posted under subdivision 1, the road 10.33 authority with jurisdiction over the road, and its officers and 10.34 employees, are exempt from liability for any tort claim for 10.35 injury to person or property arising from travel on the rustic 10.36 road related to its maintenance, design, or condition if: 11.1 (1) the maintenance, design, or condition is consistent 11.2 with the anticipated use as described in subdivision 2; and 11.3 (2) the maintenance, design, or condition is not grossly 11.4 negligent. 11.5 Nothing in this subdivision exempts a road authority from 11.6 its duty to maintain bridges under chapter 165 or other 11.7 applicable law. 11.8 Sec. 3. Minnesota Statutes 1994, section 160.85, is 11.9 amended by adding a subdivision to read: 11.10 Subd. 3a. [INFORMATION MEETING.] Before approving or 11.11 denying a development agreement, the commissioner shall hold a 11.12 public information meeting in any municipality or county in 11.13 which any portion of the proposed toll facility runs. The 11.14 commissioner shall determine the time and place of the 11.15 information meeting. 11.16 Sec. 4. Minnesota Statutes 1994, section 161.085, is 11.17 amended to read: 11.18 161.085 [APPROPRIATION FROM TURNBACK ACCOUNTS.] 11.19 Moneys in the county turnback account and the municipal 11.20 turnback account are hereby appropriated annually to the 11.21 commissioner of transportation for the purposes of carrying out 11.22 the terms of sections 161.081 to 161.086161.084. 11.23 Sec. 5. [161.139] [HIGHWAY DESIGNATION COSTS.] 11.24 The commissioner shall not adopt a design or erect a sign 11.25 to mark or memorialize a highway or bridge, pursuant to 11.26 designation by the legislature on or after January 1, 1996, 11.27 unless the commissioner is assured of the availability of funds 11.28 from nonstate sources sufficient to pay all costs related to 11.29 designing, erecting, and maintaining the signs. 11.30 Sec. 6. Minnesota Statutes 1994, section 161.14, is 11.31 amended by adding a subdivision to read: 11.32 Subd. 32. [VICTORY DRIVE.] Marked trunk highway No. 22, 11.33 from its intersection with marked trunk highways Nos. 14 and 60 11.34 in the city of Mankato to its intersection with marked trunk 11.35 highway No. 30 in the city of Mapleton, is designated "Victory 11.36 Drive." The commissioner of transportation shall adopt a 12.1 suitable design for marking this highway and shall erect 12.2 appropriate signs at locations the commissioner determines. The 12.3 people of the community, having resolved to support and 12.4 financially back the marking of this highway, shall reimburse 12.5 the department for costs incurred in marking and memorializing 12.6 this highway. 12.7 Sec. 7. Minnesota Statutes 1994, section 161.14, is 12.8 amended by adding a subdivision to read: 12.9 Subd. 33. [VETERANS MEMORIAL HIGHWAY.] Marked trunk 12.10 highway No. 15, from its intersection with marked trunk highway 12.11 No. 60 to its intersection with the Iowa border, is designated 12.12 "Veterans Memorial Highway." The commissioner of transportation 12.13 shall adopt a suitable design for marking this highway and shall 12.14 erect appropriate signs at locations the commissioner 12.15 determines. The people of the community, having resolved to 12.16 support and financially back the marking of this highway, shall 12.17 reimburse the department for costs incurred in marking and 12.18 memorializing this highway. 12.19 Sec. 8. Minnesota Statutes 1994, section 161.14, is 12.20 amended by adding a subdivision to read: 12.21 Subd. 34. [DALE WAYRYNEN MEMORIAL HIGHWAY.] That segment 12.22 of marked trunk highway No. 210 located within Aitkin county is 12.23 designated "Dale Wayrynen Memorial Highway." The commissioner 12.24 of transportation shall erect appropriate signs after adopting a 12.25 marking design for the signs, which suitably commemorates Dale 12.26 Wayrynen, posthumous recipient of the Congressional Medal of 12.27 Honor, for heroism displayed during the Vietnam War. The people 12.28 of the community, having resolved to support and financially 12.29 back the marking of this highway, shall reimburse the department 12.30 for costs incurred in marking and memorializing this highway. 12.31 Sec. 9. Minnesota Statutes 1994, section 161.36, 12.32 subdivision 1, is amended to read: 12.33 Subdivision 1. [COMMISSIONER TO COOPERATE WITH THE U.S. 12.34 GOVERNMENT.] The commissioner may cooperate with the government 12.35 of the United States and any agency or department thereof in the 12.36 construction, improvement, enhancement, and maintenance of roads13.1 and bridgestransportation in the state of Minnesota and may 13.2 comply with the provisions of the laws of the United States and 13.3 any rules andregulations made thereunder for the expenditure of 13.4 federal moneys upon such roads and bridges. 13.5 Sec. 10. Minnesota Statutes 1994, section 161.36, 13.6 subdivision 2, is amended to read: 13.7 Subd. 2. [FEDERAL AID, ACCEPTANCE; COMMISSIONER AS AGENT.] 13.8 The commissioner may accept federal moneys and other moneys, 13.9 either public or private, for and in behalf of the state of 13.10 Minnesota or any governmental subdivision thereof, or any 13.11 nonpublic organization, for the construction, improvement, 13.12 enhancement, or maintenance of roads and bridgestransportation 13.13 upon such terms and conditions as are or may be prescribed by 13.14 the laws of the United States and any rules orregulations made 13.15 thereunder, and is authorized to act as an agent of anythat 13.16 governmental subdivision of the state of Minnesotaor nonpublic 13.17 organization upon theits request of such subdivisionin 13.18 accepting the moneys in its behalf for road or13.19 bridgetransportation purposes, in acquiring right-of-way 13.20 therefor, and in contracting for the construction, 13.21 improvement, enhancement, or maintenance of roads or13.22 bridgestransportation financed either in whole or in part by 13.23 federal moneys. The governing body of any such subdivision or 13.24 nonpublic organization is authorized to designate the 13.25 commissioner as its agent for such purposes and to enter into an 13.26 agreement with the commissioner prescribing the terms and 13.27 conditions of the agency in accordance herewith and with federal 13.28 laws , rulesand regulations. 13.29 Sec. 11. Minnesota Statutes 1994, section 161.36, 13.30 subdivision 3, is amended to read: 13.31 Subd. 3. [COMMISSIONER AS AGENT IN CERTAIN CASES.] The 13.32 commissioner may act as the agent of any political subdivision 13.33 of the state, or any nonpublic organization, as provided herein, 13.34 for the construction of roads and bridgestransportation toward 13.35 the construction of which no federal aid is available in the 13.36 event that the construction adjoins, is connected, or in the 14.1 judgment of the commissioner can be best and most economically 14.2 performed in connection with construction upon which federal aid 14.3 is available and upon which the commissioner is then acting as 14.4 agent. 14.5 Sec. 12. Minnesota Statutes 1994, section 161.36, 14.6 subdivision 4, is amended to read: 14.7 Subd. 4. [STATE LAWS TO GOVERN.] All contracts for the 14.8 construction, improvement, enhancement, or maintenance of roads14.9 or bridgestransportation made by the commissioner as the agent 14.10 of any governmental subdivision, or any nonpublic organization, 14.11 shall be made pursuant to the laws of the stateof Minnesota 14.12 governing the making of contracts for the construction, 14.13 improvement, enhancement, and maintenance of roads and14.14 bridgestransportation on the trunk highway system of the state; 14.15 provided, where the construction, improvement, enhancement, or 14.16 maintenance of any road or bridgetransportation is financed 14.17 wholly with federal moneys, the commissioner as the agent of any14.18 the governmental subdivision or nonpublic organization may let 14.19 contracts in the manner prescribed by the federal authorities 14.20 acting under the laws of the United States and any rules or14.21 regulations made thereunder, notwithstanding any state law to 14.22 the contrary. 14.23 Sec. 13. Minnesota Statutes 1994, section 161.46, 14.24 subdivision 3, is amended to read: 14.25 Subd. 3. [LUMP SUM SETTLEMENTS.] The commissioner may 14.26 enter into agreements with a utility for the relocation of 14.27 utility facilities providing for the payment by the state of a 14.28 lump sum based on the estimated cost of relocation when the lump 14.29 sum so agreed upon does not exceed $25,000$100,000. 14.30 Sec. 14. Minnesota Statutes 1994, section 161.53, is 14.31 amended to read: 14.32 161.53 [RESEARCH ACTIVITIES.] 14.33 The commissioner may set aside for transportation research14.34 in each fiscal year up to onetwo percent of the total amount of 14.35 all funds appropriated to the commissioner other than county 14.36 state-aid and municipal state-aid highway funds for 15.1 transportation research including public and private research 15.2 partnerships. The commissioner shall spend this money for (1) 15.3 research to improve the design, construction, maintenance, 15.4 management, and environmental compatibility of transportation 15.5 systems; (2) research on transportation policies that enhance 15.6 energy efficiency and economic development; (3) programs for 15.7 implementing and monitoring research results; and (4) 15.8 development of transportation education and outreach 15.9 activities. Of all funds appropriated to the commissioner other 15.10 than state-aid funds, the commissioner shall spend 0.1 percent, 15.11 but not exceeding $800,000 in any fiscal year, for research and 15.12 related activities performed by the center for transportation 15.13 studies of the University of Minnesota. The center shall 15.14 establish a technology transfer and training center for 15.15 Minnesota transportation professionals. 15.16 Sec. 15. Minnesota Statutes 1994, section 162.08, 15.17 subdivision 4, is amended to read: 15.18 Subd. 4. [PURPOSES; OTHER USES OF MUNICIPAL ACCOUNT 15.19 ALLOCATION.] (a) Except as provided in subdivision 3, money so 15.20 apportioned and allocated to each county shall be used for aid 15.21 in the establishment, location, construction, reconstruction, 15.22 improvement, and maintenance of the county state-aid highway 15.23 system within each county, including the expense of sidewalks, 15.24 commissioner-approved signals and safety devices on county 15.25 state-aid highways, and systems that permit an emergency vehicle 15.26 operator to activate a green traffic signal for the emergency 15.27 vehicle; provided, that in the event of hardship, or in the 15.28 event that the county state-aid highway system of any county is 15.29 improved to the standards set forth in the commissioner's rules, 15.30 a portion of the money apportioned other than the money 15.31 allocated for expenditures within cities having a population of 15.32 less than 5,000, may be used on other roads within the county 15.33 with the consent and in accordance with the commissioner's rules. 15.34 (b) If the portion of the county state-aid highway system 15.35 lying within cities having a population of less than 5,000 is 15.36 improved to the standard set forth in the commissioner's rules, 16.1 a portion of the money credited to the municipal account may be 16.2 used on other county highways or other streets lying within such 16.3 cities. Upon the authorization of the commissioner, a county 16.4 may expend accumulated municipal account funds on county 16.5 state-aid highways within the county outside of cities having a 16.6 population of less than 5,000. The commissioner shall authorize 16.7 the expenditure if: 16.8 (a)(1) the county submits a written request to the 16.9 commissioner and holds a hearing within 30 days of the request 16.10 to receive and consider any objections by the governing bodies 16.11 of cities within the county having a population of less than 16.12 5,000; and 16.13 (b)(2) no written objection is filed with the commissioner 16.14 by any such city within 14 days of that hearing as provided in 16.15 this subdivision. 16.16 The county shall notify all of the cities of the public 16.17 hearing by certified mail and shall notify the commissioner in 16.18 writing of the results of the hearing and any objections to the 16.19 use of the funds as requested by the county. 16.20 (c) If, within 14 days of the hearing under paragraph (b), 16.21 a city having a population of less than 5,000 files a written 16.22 objection with the commissioner identifying a specific county 16.23 state-aid highway within the city which is requested for 16.24 improvement, the commissioner shall investigate the nature of 16.25 the requested improvement. Notwithstanding paragraph (b) 16.26 clause (b)(2), the commissioner may authorize the expenditure 16.27 requested by the county if: 16.28 (1) the identified highway is not deficient in meeting 16.29 minimum state-aid street standards; or16.30 (2) the county shows evidence that the identified highway 16.31 has been programmed for construction in the county's five-year 16.32 capital improvement budget in a manner consistent with the 16.33 county's transportation plan; or 16.34 (3) there are conditions created by or within the city and 16.35 beyond the control of the county that prohibit programming or 16.36 constructing the identified highway. 17.1 (d) Notwithstanding any contrary provisions of paragraph 17.2 (b) or (c), accumulated balances in excess of two years of 17.3 municipal account apportionments may be spent on projects 17.4 located outside of municipalities under 5,000 population when 17.5 approved solely by resolution of the county board. 17.6 (e) Authorization by the commissionerfor use of municipal 17.7 account funds on county state-aid highways outside of cities 17.8 having a population of less than 5,000 shall be applicable only 17.9 to the county's accumulated and current year allocation. Future 17.10 municipal account allocations shall be used as directed by law 17.11 unless subsequent requests are made by the county and 17.12 approved by the commissioner, or approved by resolution of the 17.13 county board, as applicable, in accordance with the applicable 17.14 provisions of this section. 17.15 Sec. 16. Minnesota Statutes 1994, section 162.08, 17.16 subdivision 7, is amended to read: 17.17 Subd. 7. [ADVANCES OTHER THAN TO MUNICIPAL ACCOUNT.] Any 17.18 county may make advances from any available funds for the 17.19 purpose of expediting the construction, reconstruction, 17.20 improvement and maintenance of its county state-aid highway 17.21 system. Total advances, together with any advances to the17.22 municipal account, as provided in subdivisions 5 and 6, shall17.23 never exceed 40 percent of the county's last apportionment17.24 preceding the first advance.Advances made by any county as 17.25 provided herein, other than advances made to the municipal 17.26 account, shall be repaid out of subsequent apportionments to the 17.27 county's maintenance or construction account in accordance with 17.28 the commissioner's rules. 17.29 Sec. 17. Minnesota Statutes 1994, section 162.14, 17.30 subdivision 6, is amended to read: 17.31 Subd. 6. [ADVANCES.] Any such city , except cities of the17.32 first class,may make advances from any funds available to it 17.33 for the purpose of expediting the construction, reconstruction, 17.34 improvement, or maintenance of its municipal state-aid street 17.35 system; provided that such advances shall not exceed the city's 17.36 total estimated apportionment for the three years following the 18.1 year the advance is made. Advances made by any such city shall 18.2 be repaid out of subsequent apportionments made to such city in 18.3 accordance with the commissioner's rules. 18.4 Sec. 18. Minnesota Statutes 1994, section 168.013, 18.5 subdivision 3, is amended to read: 18.6 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 18.7 WEIGHTS FORBIDDEN.] The applicant for all licenses based on 18.8 gross weight shall state in writing upon oath, the unloaded 18.9 weight of the motor vehicle, trailer or semitrailer and the 18.10 maximum load the applicant proposes to carry thereon, the sum of 18.11 which shall constitute the gross weight upon which the license 18.12 tax shall be paid, but in no case shall the declared gross 18.13 weight upon which the tax is paid be less than 1-1/4 times the 18.14 declared unloaded weight of the motor vehicle, trailer or 18.15 semitrailer to be registered, except recreational vehicles taxed 18.16 under subdivision 1g, school buses taxed under subdivision 18 18.17 and tow trucks or towing vehicles defined in section 169.01, 18.18 subdivision 52. The gross weight of a tow truck or towing 18.19 vehicle is the actual weight of the tow truck or towing vehicle 18.20 fully equipped, but does not include the weight of a wrecked or 18.21 disabled vehicle towed or drawn by the tow truck or towing 18.22 vehicle. 18.23 The gross weight of no motor vehicle, trailer or 18.24 semitrailer shall exceed the gross weight upon which the license 18.25 tax has been paid by more than four percent or 1,000 pounds, 18.26 whichever is greater. 18.27 The gross weight of the motor vehicle, trailer or 18.28 semitrailer for which the license tax is paid shall be indicated 18.29 by a distinctive character on the license plate or plates except 18.30 as provided in subdivision 12 and the plate or plates shall be 18.31 kept clean and clearly visible at all times. 18.32 The owner, driver, or user of a motor vehicle, trailer or 18.33 semitrailer upon conviction for transporting a gross weight in 18.34 excess of the gross weight for which it was registered or for 18.35 operating a vehicle with an axle weight exceeding the maximum 18.36 lawful axle load weight shall be guilty of a misdemeanor and be 19.1 subject to increased registration or reregistration according to 19.2 the following schedule: 19.3 (1) The owner, driver or user of a motor vehicle, trailer 19.4 or semitrailer upon conviction for transporting a gross weight 19.5 in excess of the gross weight for which it is registered by more 19.6 than four percent or 1,000 pounds, whichever is greater, but 19.7 less than 25 percent or for operating or using a motor vehicle, 19.8 trailer or semitrailer with an axle weight exceeding the maximum 19.9 lawful axle load as provided in section 169.825 by more than 19.10 four percent or 1,000 pounds, whichever is greater, but less 19.11 than 25 percent, in addition to any penalty imposed for the 19.12 misdemeanor shall apply to the registrar to increase the 19.13 authorized gross weight to be carried on the vehicle to a weight 19.14 equal to or greater than the gross weight the owner, driver, or 19.15 user was convicted of carrying, the increase computed for the 19.16 balance of the calendar year on the basis of 1/12 of the annual 19.17 tax for each month remaining in the calendar year beginning with 19.18 the first day of the month in which the violation occurred. If 19.19 the additional registration tax computed upon that weight, plus 19.20 the tax already paid, amounts to more than the regular tax for 19.21 the maximum gross weight permitted for the vehicle under section 19.22 169.825, that additional amount shall nevertheless be paid into 19.23 the highway fund, but the additional tax thus paid shall not 19.24 permit the vehicle to be operated with a gross weight in excess 19.25 of the maximum legal weight as provided by section 169.825. 19.26 Unless the owner within 30 days after a conviction shall apply 19.27 to increase the authorized weight and pay the additional tax as 19.28 provided in this section, the registrar shall revoke the 19.29 registration on the vehicle and demand the return of the 19.30 registration card and plates issued on that registration. 19.31 (2) The owner or driver or user of a motor vehicle, trailer 19.32 or semitrailer upon conviction for transporting a gross weight 19.33 in excess of the gross weight for which the motor vehicle, 19.34 trailer or semitrailer was registered by 25 percent or more, or 19.35 for operating or using a vehicle or trailer with an axle weight 19.36 exceeding the maximum lawful axle load as provided in section 20.1 169.825 by 25 percent or more, in addition to any penalty 20.2 imposed for the misdemeanor, shall have the reciprocity 20.3 privileges on the vehicle involved if the vehicle is being 20.4 operated under reciprocity canceled by the registrar, or if the 20.5 vehicle is not being operated under reciprocity, the certificate 20.6 of registration on the vehicle operated shall be canceled by the 20.7 registrar and the registrar shall demand the return of the 20.8 registration certificate and registration plates. The registrar 20.9 may not cancel the registration or reciprocity privileges for 20.10 any vehicle found in violation of seasonal load restrictions 20.11 imposed under section 169.87 unless the axle weight exceeds the 20.12 year-round weight limit for the highway on which the violation 20.13 occurred. The registrar may investigate any allegation of gross 20.14 weight violations and demand that the operator show cause why 20.15 all future operating privileges in the state should not be 20.16 revoked unless the additional tax assessed is paid. 20.17 (3) Clause (1) does not apply to the first haul of 20.18 unprocessed or raw farm products or unfinished forest products, 20.19 when the registered gross weight is not exceeded by more than 20.20 ten percent. For purposes of this clause, "first haul" means (1) 20.21 the first, continuous transportation of unprocessed or raw farm 20.22 products from the place of production or on-farm storage site to 20.23 any other location within 50 miles of the place of production or 20.24 on-farm storage site, or (2) the first, continuous 20.25 transportation of unfinished forest products from the place of 20.26 production to the place of first unloading. 20.27 (4) When the registration on a motor vehicle, trailer or 20.28 semitrailer is revoked by the registrar according to provisions 20.29 of this section, the vehicle shall not be operated on the 20.30 highways of the state until it is registered or reregistered, as 20.31 the case may be, and new plates issued, and the registration fee 20.32 shall be the annual tax for the total gross weight of the 20.33 vehicle at the time of violation. The reregistration pursuant 20.34 to this subdivision of any vehicle operating under reciprocity 20.35 agreements pursuant to section 168.181 or 168.187 shall be at 20.36 the full annual registration fee without regard to the 21.1 percentage of vehicle miles traveled in this state. 21.2 Sec. 19. Minnesota Statutes 1994, section 169.07, is 21.3 amended to read: 21.4 169.07 [UNAUTHORIZED SIGNS.] 21.5 No person shall place, maintain, or display upon or in view 21.6 of any highway any unauthorized sign, signal, marking, or device 21.7 which purports to be or is an imitation of or resembles an 21.8 official traffic-control device or railroad sign or signal, or 21.9 which attempts to direct the movement of traffic, or which hides 21.10 from view or interferes with the effectiveness of any official 21.11 traffic-control device or any railroad sign or signal, and no 21.12 person shall place or maintain, nor shall any public authority 21.13 permit, upon any highway any traffic sign or signal bearing 21.14 thereon any commercial advertising. This shall not be deemed to 21.15 prohibit (1) the erection upon private property adjacent to 21.16 highways of signs giving useful directional information and of a 21.17 type that cannot be mistaken for official signs, or (2) the 21.18 temporary placement by auctioneers licensed or exempt from 21.19 licensing under section 330.01, for a period of not more than 21.20 eight consecutive hours, on or adjacent to the right-of-way of a 21.21 highway not more than four signs directing motorists to the 21.22 location of an auction. The signs must conform to standards for21.23 size, content, placement, and location for such signs21.24 promulgated by the commissioner of transportation. The rules21.25 may require a permit for each such sign but no fee may be21.26 charged for the permit.21.27 Every such prohibited sign, signal, or marking is hereby 21.28 declared to be a public nuisance, and the authority having 21.29 jurisdiction over the highways is hereby empowered to remove the 21.30 same, or cause it to be removed, without notice. 21.31 Sec. 20. Minnesota Statutes 1994, section 169.82, 21.32 subdivision 3, is amended to read: 21.33 Subd. 3. [HITCHES; CHAINS; CABLES.] (a) Every trailer or 21.34 semitrailer must be hitched to the towing motor vehicle by a 21.35 device approved by the commissioner of public safety. 21.36 (b) Every trailer and semitrailer must be equipped with 22.1 safety chains or cables permanently attached to the trailer 22.2 except in cases where the coupling device is a regulation fifth 22.3 wheel and kingpin assembly approved by the commissioner of 22.4 public safety. In towing, the chains or cables must be carried22.5 through a ring on the towbar and attached to the towingattached 22.6 to the vehicles near the points of bumper attachments to the 22.7 chassis of each vehicle, and must be of sufficient strength to 22.8 control the trailer in the event of failure of the towing 22.9 device. The length of chain or cable must be no more than 22.10 necessary to permit free turning of the vehicles. 22.11 (c) This subdivision does not apply to towed implements of 22.12 husbandry. 22.13 No person may be charged with a violation of this section 22.14 solely by reason of violating a maximum speed prescribed in 22.15 section 169.145 or 169.67. 22.16 Sec. 21. Minnesota Statutes 1994, section 169.85, is 22.17 amended to read: 22.18 169.85 [WEIGHING; PENALTY.] 22.19 The driver of a vehicle which has been lawfully stopped may 22.20 be required by a peace officer to submit the vehicle and load to 22.21 a weighing by means of portable or stationary scales, and the 22.22 peace officer may require that the vehicle be driven to the 22.23 nearest available scales if the distance to the scales is no 22.24 further than five miles, or if the distance from the point where 22.25 the vehicle is stopped to the vehicle's destination is not 22.26 increased by more than ten miles as a result of proceeding to 22.27 the nearest available scales. Official traffic control devices 22.28 as authorized by section 169.06 may be used to direct the driver 22.29 to the nearest scale. When a truck weight enforcement operation 22.30 is conducted by means of portable or stationary scales and signs 22.31 giving notice of the operation are posted within the highway 22.32 right-of-way and adjacent to the roadway within two miles of the 22.33 operation, the driver of a truck or combination of vehicles 22.34 registered for or weighing in excess of 12,000 pounds , and the22.35 driver of a charter bus, except a bus registered in Minnesota,22.36 shall proceed to the scale site and submit the vehicle to 23.1 weighing and inspection. 23.2 Upon weighing a vehicle and load, as provided in this 23.3 section, an officer may require the driver to stop the vehicle 23.4 in a suitable place and remain standing until a portion of the 23.5 load is removed that is sufficient to reduce the gross weight of 23.6 the vehicle to the limit permitted under section 169.825. A 23.7 suitable place is a location where loading or tampering with the 23.8 load is not prohibited by federal, state, or local law, rule or 23.9 ordinance. A driver may be required to unload a vehicle only if 23.10 the weighing officer determines that (a) on routes subject to 23.11 the provisions of section 169.825, the weight on an axle exceeds 23.12 the lawful gross weight prescribed by section 169.825, by 2,000 23.13 pounds or more, or the weight on a group of two or more 23.14 consecutive axles in cases where the distance between the 23.15 centers of the first and last axles of the group under 23.16 consideration is ten feet or less exceeds the lawful gross 23.17 weight prescribed by section 169.825, by 4,000 pounds or more; 23.18 or (b) on routes designated by the commissioner in section 23.19 169.832, subdivision 11, the overall weight of the vehicle or 23.20 the weight on an axle or group of consecutive axles exceeds the 23.21 maximum lawful gross weights prescribed by section 169.825; or 23.22 (c) the weight is unlawful on an axle or group of consecutive 23.23 axles on a road restricted in accordance with section 169.87. 23.24 Material unloaded must be cared for by the owner or driver of 23.25 the vehicle at the risk of the owner or driver. 23.26 A driver of a vehicle who fails or refuses to stop and 23.27 submit the vehicle and load to a weighing as required in this 23.28 section, or who fails or refuses, when directed by an officer 23.29 upon a weighing of the vehicle, to stop the vehicle and 23.30 otherwise comply with the provisions of this section, is guilty 23.31 of a misdemeanor. 23.32 Sec. 22. Minnesota Statutes 1995 Supplement, section 23.33 169.862, is amended to read: 23.34 169.862 [PERMITS FOR WIDE LOADS OF BALED AGRICULTURAL 23.35 PRODUCTS.] 23.36 The commissioner of transportation with respect to highways 24.1 under the commissioner's jurisdiction, and local authorities 24.2 with respect to highways under their jurisdiction, may issue an 24.3 annual permit to enable a vehicle carrying round bales of hay, 24.4 straw, or cornstalks, with a total outside width of the vehicle 24.5 or the load not exceeding 11-1/2 feet, to be operated on public 24.6 streets and highways. The commissioner of transportation and 24.7 local authorities may issue an annual permit to enable a 24.8 vehicle, having a maximum width of 102 inches, carrying a first 24.9 haul of square bales of straw, each bale having a minimum size 24.10 of four feet by four feet by eight feet, with a total outside 24.11 width of the load not exceeding 12 feet, to be operated on 24.12 public streets and highways between August 1 and DecemberMarch 24.13 1 within 35 miles of the border between this state and the state 24.14 of North Dakota. The commissioner of transportation and local 24.15 authorities may issue an annual permit to enable a vehicle 24.16 carrying square bales of hay, each with an outside dimension of 24.17 not less than three feet by four feet by seven feet, with a 24.18 total height of the loaded vehicle not exceeding 15 feet, to be 24.19 operated on those public streets and highways designated in the 24.20 permit. Permits issued under this section are governed by the 24.21 applicable provisions of section 169.86 except as otherwise 24.22 provided herein and, in addition, carry the following 24.23 restrictions: 24.24 (a) The vehicles may not be operated between sunset and 24.25 sunrise, when visibility is impaired by weather, fog, or other 24.26 conditions rendering persons and vehicles not clearly visible at 24.27 a distance of 500 feet, or on Sunday from noon until sunset, or 24.28 on the days the following holidays are observed: New Year's 24.29 Day, Memorial Day, Independence Day, Labor Day, Thanksgiving 24.30 Day, and Christmas Day. 24.31 (b) The vehicles may not be operated on interstate highways. 24.32 (c) The vehicles may not be operated on a trunk highway 24.33 with a pavement less than 24 feet wide. 24.34 (d) A vehicle operated under the permit must be equipped 24.35 with a retractable or removable mirror on the left side so 24.36 located that it will reflect to the driver a clear view of the 25.1 highway for a distance of at least 200 feet to the rear of the 25.2 vehicle. 25.3 (e) A vehicle operated under the permit must display red, 25.4 orange, or yellow flags, 18 inches square, as markers at the 25.5 front and rear and on both sides of the load. The load must be 25.6 securely bound to the transporting vehicle. 25.7 (f) Farm vehicles not for hire carrying round baled hay 25.8 less than 20 miles are exempt from the requirement to obtain a 25.9 permit. All other requirements of this section apply to 25.10 vehicles transporting round baled hay. 25.11 The fee for the permit is $24. 25.12 Sec. 23. Minnesota Statutes 1994, section 169.871, is 25.13 amended by adding a subdivision to read: 25.14 Subd. 1b. [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] 25.15 Notwithstanding subdivision 1, clauses (a) to (e), a civil 25.16 penalty under subdivision 1 for a violation in a motor vehicle 25.17 in the course of a first haul as defined in section 168.013, 25.18 subdivision 3, clause (3), of a weight limit imposed under 25.19 sections 169.825, 169.832 to 169.851, and 169.87 that is not 25.20 preceded by two or more violations of the gross weight limits in 25.21 those sections in that motor vehicle within the previous 12 25.22 months, may not exceed $150. 25.23 Sec. 24. Minnesota Statutes 1995 Supplement, section 25.24 171.04, subdivision 1, is amended to read: 25.25 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 25.26 shall not issue a driver's license hereunder: 25.27 (1) To any person who is under the age of 16 years; to any 25.28 person under 18 years unless such person shall have successfully 25.29 completed a course in driver education, including both classroom 25.30 and behind-the-wheel instruction, approved by the state board of 25.31 education for courses offered through the public schools, or, in 25.32 the case of a course offered by a private, commercial driver 25.33 education school or institute, by the department of public 25.34 safety; except when such person has completed a course of driver 25.35 education in another state or has a previously issued valid 25.36 license from another state or country; nor to any person under 26.1 18 years unless the application of license is approved by either 26.2 parent when both reside in the same household as the minor 26.3 applicant, otherwise the parent or spouse of the parent having 26.4 custody or with whom the minor is living in the event there is 26.5 no court order for custody, or guardian having the custody of 26.6 such minor, or in the event a person under the age of 18 has no 26.7 living father, mother or guardian, the license shall not be 26.8 issued to such person unless the application therefor is 26.9 approved by the person's employer. Driver education courses 26.10 offered in any public school shall be open for enrollment to 26.11 persons between the ages of 15 and 18 years residing in the 26.12 school district or attending school therein. Any public school 26.13 offering driver education courses may charge an enrollment fee 26.14 for the driver education course which shall not exceed the 26.15 actual cost thereof to the public school and the school 26.16 district. The approval required herein shall contain a 26.17 verification of the age of the applicant; 26.18 (2) To any person who is under the age of 18 years unless 26.19 the person has applied for, been issued, and possessed the 26.20 appropriate instruction permit for a minimum of six months; 26.21 (3) To any person whose license has been suspended during 26.22 the period of suspension except that a suspended license may be 26.23 reinstated during the period of suspension upon the licensee 26.24 furnishing proof of financial responsibility in the same manner 26.25 as provided in the Minnesota no-fault automobile insurance act; 26.26 (3)(4) To any person whose license has been revoked except 26.27 upon furnishing proof of financial responsibility in the same 26.28 manner as provided in the Minnesota no-fault automobile 26.29 insurance act and if otherwise qualified; 26.30 (4)(5) To any person who is a drug dependent person as 26.31 defined in section 254A.02, subdivision 5; 26.32 (5)(6) To any person who has been adjudged legally 26.33 incompetent by reason of mental illness, mental deficiency, or 26.34 inebriation, and has not been restored to capacity, unless the 26.35 department is satisfied that such person is competent to operate 26.36 a motor vehicle with safety to persons or property; 27.1 (6)(7) To any person who is required by this chapter to 27.2 take an examination, unless such person shall have successfully 27.3 passed such examination; 27.4 (7)(8) To any person who is required under the provisions 27.5 of the Minnesota no-fault automobile insurance act of this state 27.6 to deposit proof of financial responsibility and who has not 27.7 deposited such proof; 27.8 (8)(9) To any person when the commissioner has good cause 27.9 to believe that the operation of a motor vehicle on the highways 27.10 by such person would be inimical to public safety or welfare; 27.11 (9)(10) To any person when, in the opinion of the 27.12 commissioner, such person is afflicted with or suffering from 27.13 such physical or mental disability or disease as will affect 27.14 such person in a manner to prevent the person from exercising 27.15 reasonable and ordinary control over a motor vehicle while 27.16 operating the same upon the highways; nor to a person who is 27.17 unable to read and understand official signs regulating, 27.18 warning, and directing traffic; 27.19 (10)(11) To a child for whom a court has ordered denial of 27.20 driving privileges under section 260.191, subdivision 1, or 27.21 260.195, subdivision 3a, until the period of denial is 27.22 completed; or 27.23 (11)(12) To any person whose license has been canceled, 27.24 during the period of cancellation. 27.25 Sec. 25. Minnesota Statutes 1994, section 171.05, is 27.26 amended by adding a subdivision to read: 27.27 Subd. 2a. [PERMIT FOR SIX MONTHS.] An applicant who has 27.28 applied for and received an instruction permit pursuant to 27.29 subdivision 2 must possess the instruction permit for not less 27.30 than six months before qualifying for a driver's license. 27.31 Sec. 26. Minnesota Statutes 1994, section 173.02, 27.32 subdivision 6, is amended to read: 27.33 Subd. 6. [VARIOUS SIGNS AND NOTICES DEFINED.] Directional 27.34 and other official signs and notices shall mean: 27.35 (a) "Official signs and notices" mean signs and notices 27.36 erected and maintained by public officers or public agencies 28.1 within their territorial jurisdiction and pursuant to and in 28.2 accordance with direction or authorization contained in federal 28.3 or state law for the purposes of carrying out an official duty 28.4 or responsibility. Historical markers authorized by state law 28.5 and erected by state or local governmental agencies or nonprofit 28.6 historical societies and, star city signs erected under section 28.7 173.085, and municipal identification entrance signs erected in 28.8 accordance with section 173.025 may be considered official signs. 28.9 (b) "Public utility signs" mean warning signs, notices, or 28.10 markers which are customarily erected and maintained by publicly 28.11 or privately owned public utilities, as essential to their 28.12 operations. 28.13 (c) "Service club and religious notices" mean signs and 28.14 notices, not exceeding eight square feet in advertising area, 28.15 whose erection is authorized by law, relating to meetings and 28.16 location of nonprofit service clubs or charitable associations, 28.17 or religious services. 28.18 (d) "Directional signs" means signs containing directional 28.19 information about public places owned or operated by federal, 28.20 state, or local governments or their agencies, publicly or 28.21 privately owned natural phenomena, historic, cultural, 28.22 scientific, educational, and religious sites, and areas of 28.23 natural scenic beauty or naturally suited for outdoor 28.24 recreation, deemed to be in the interest of the traveling 28.25 public. To qualify for directional signs, privately owned 28.26 attractions must be nationally or regionally known, and of 28.27 outstanding interest to the traveling public. 28.28 (e) All definitions in this subdivision are intended to be 28.29 in conformity with the national standards for directional and 28.30 other official signs. 28.31 Sec. 27. [173.025] [MUNICIPAL IDENTIFICATION SIGNS.] 28.32 A local road authority may erect a municipal identification 28.33 entrance sign within the right-of-way of a trunk highway with 28.34 the written permission of the commissioner. Municipal 28.35 identification entrance signs erected without the written 28.36 permission of the commissioner are prohibited. 29.1 Sec. 28. Minnesota Statutes 1994, section 173.07, 29.2 subdivision 1, is amended to read: 29.3 Subdivision 1. [FORMS; CONTENT ; IDENTIFYING NUMBER.] 29.4 Application for permits or renewals thereof for the placement 29.5 and maintenance of advertising devices within scenic areas shall 29.6 be on forms prescribed by the commissioner and shall contain 29.7 such information as the commissioner may require. No 29.8 advertising device shall be placed without the consent of the 29.9 owner or occupant of the land, and adequate proof of such 29.10 consent shall be submitted to the commissioner at the time 29.11 application is made for such permits or renewals. There shall29.12 be furnished with each permit an identifying number which shall29.13 be affixed by the permit holder to the advertising device in29.14 accordance with rules of the commissioner of transportation.29.15 Sec. 29. Minnesota Statutes 1994, section 174.04, is 29.16 amended to read: 29.17 174.04 [FINANCIAL ASSISTANCE; APPLICATIONS; DISBURSEMENT.] 29.18 Subdivision 1. [REVIEW OF APPLICATION.] Any state agency 29.19 which receives an application from a regional development 29.20 commission, metropolitan council, public transit commission, 29.21 airport commission, port authority or other political 29.22 subdivision of the state, or any nonpublic organization, for 29.23 financial assistance for transportation planning, capital 29.24 expenditures or operations to any state or federal agency, shall 29.25 first submit the application to the commissioner of 29.26 transportation. The commissioner shall review the application 29.27 to determine whether it contains matters that substantially 29.28 affect the statewide transportation plan and priorities. If the 29.29 application does not contain such matters, the commissioner 29.30 shall within 15 days after receipt return the application to the 29.31 applicant political subdivision or nonpublic organization for 29.32 forwarding to the appropriate agency. If the application 29.33 contains such matters, the commissioner shall review and comment 29.34 on the application as being consistent with the plan and 29.35 priorities. The commissioner shall return the application 29.36 together with comments within 45 days after receipt to the 30.1 applicant political subdivision or nonpublic organization for 30.2 forwarding with the commissioner's comments to the appropriate 30.3 agency. 30.4 Subd. 2. [DESIGNATED AGENT.] A regional development 30.5 commission, metropolitan council, public transit commission, 30.6 airport commission, port authority, or any other political 30.7 subdivision of the state, or any nonpublic organization, may 30.8 designate the commissioner as its agent to receive and disburse 30.9 funds by entering into an agreement with the commissioner 30.10 prescribing the terms and conditions of the receipt and 30.11 expenditure of the funds in accordance with federal and state 30.12 laws, rules, and regulations. 30.13 Subd. 3. [EXCEPTIONS.] The provisions of this section 30.14 shall not be construed as altering or amending in any way the 30.15 funding procedures specified in section 161.36, 360.016 or 30.16 360.0161. 30.17 Sec. 30. Minnesota Statutes 1995 Supplement, section 30.18 221.0355, subdivision 5, is amended to read: 30.19 Subd. 5. [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 30.20 with its principal place of business in Minnesota or who 30.21 designates Minnesota as its base state shall file a disclosure 30.22 statement with and obtain a permit from the commissioner that 30.23 specifically authorizes the transportation of hazardous waste 30.24 before transporting a hazardous waste in Minnesota. A carrier 30.25 that designates another participating state as its base state 30.26 shall file a disclosure statement with and obtain a permit from 30.27 that state that specifically authorizes the transportation of 30.28 hazardous waste before transporting a hazardous waste in 30.29 Minnesota. A registration is valid for one year from the date a 30.30 notice of registration form is issued and a permit is valid for 30.31 three years from the date issued or until a carrier fails to 30.32 renew its registration, whichever occurs first. 30.33 (b) A disclosure statement must include the information 30.34 contained in part III of the uniform application. A person who 30.35 has direct management responsibility for a carrier's hazardous 30.36 waste transportation operations shall submit a full set of the 31.1 person's fingerprints, with the carrier's disclosure statement, 31.2 for identification purposes and to enable the commissioner to 31.3 determine whether the person has a criminal record. The 31.4 commissioner shall send the person's fingerprints to the Federal 31.5 Bureau of Investigation and shall request the bureau to conduct 31.6 a check of the person's criminal record. The commissioner shall 31.7 not issue a notice of registration or permit to a hazardous 31.8 waste transporter who has not made a full and accurate 31.9 disclosure of the required information or paid the fees required 31.10 by this subdivision. Making a materially false or misleading 31.11 statement in a disclosure statement is prohibited. 31.12 (c) The commissioner shall assess a carrier the actual 31.13 costs incurred by the commissioner for conducting the uniform 31.14 program's required investigation of the information contained in 31.15 a disclosure statement. 31.16 (d) A permit under this subdivision becomes a license under 31.17 section 221.035, subdivision 1, on August 1, 19961997, and is 31.18 subject to the provisions of section 221.035 until it expires. 31.19 Sec. 31. Minnesota Statutes 1995 Supplement, section 31.20 221.0355, subdivision 15, is amended to read: 31.21 Subd. 15. [HAZARDOUS WASTE LICENSES.] (a) From October 1, 31.22 1994, until August 1, 19961997, the commissioner shall not 31.23 register hazardous material transporters under section 221.0335 31.24 or license hazardous waste transporters under section 221.035. 31.25 A person who is licensed under section 221.035 need not obtain a 31.26 permit under subdivision 4 or 5 for the transportation of 31.27 hazardous waste in Minnesota, until the person's license has 31.28 expired. A carrier wishing to transport hazardous waste in 31.29 another participating state shall obtain a permit under the 31.30 uniform program authorizing the transportation. 31.31 (b) The commissioner may refund fees paid under section 31.32 221.035, minus a proportional amount calculated on a monthly 31.33 basis for each month that a hazardous waste transporter license 31.34 was valid, to a person who was issued a hazardous waste 31.35 transporter license after May 5, 1994, who applied for a permit 31.36 authorizing the transportation of hazardous waste under 32.1 subdivisions 4 and 5 before October 1, 1994, and who was 32.2 subsequently issued that permit under the uniform program. 32.3 Sec. 32. Minnesota Statutes 1994, section 222.37, 32.4 subdivision 1, is amended to read: 32.5 Subdivision 1. [USE REQUIREMENTS.] Any water power, 32.6 telegraph, telephone, pneumatic tube, pipeline, community 32.7 antenna television, cable communications or electric light, 32.8 heat, orpower company, or fire department may use public roads 32.9 for the purpose of constructing, using, operating, and 32.10 maintaining lines, subways, canals, orconduits, hydrants, or 32.11 dry hydrants, for their business, but such lines shall be so 32.12 located as in no way to interfere with the safety and 32.13 convenience of ordinary travel along or over the same; and, in 32.14 the construction and maintenance of such line, subway, canal, or32.15 conduit, hydrants, or dry hydrants, the company shall be subject 32.16 to all reasonable regulations imposed by the governing body of 32.17 any county, town or city in which such public road may be. If 32.18 the governing body does not require the company to obtain a 32.19 permit, a company shall notify the governing body of any county, 32.20 town, or city having jurisdiction over a public road prior to 32.21 the construction or major repair, involving extensive excavation 32.22 on the road right-of-way, of the company's equipment along, 32.23 over, or under the public road, unless the governing body waives 32.24 the notice requirement. A waiver of the notice requirement must 32.25 be renewed on an annual basis. For emergency repair a company 32.26 shall notify the governing body as soon as practical after the 32.27 repair is made. Nothing herein shall be construed to grant to 32.28 any person any rights for the maintenance of a telegraph, 32.29 telephone, pneumatic tube, community antenna television system, 32.30 cable communications system, or light, heat, orpower system, or 32.31 hydrant system within the corporate limits of any city until 32.32 such person shall have obtained the right to maintain such 32.33 system within such city or for a period beyond that for which 32.34 the right to operate such system is granted by such city. 32.35 Sec. 33. Laws 1994, chapter 589, section 8, is amended to 32.36 read: 33.1 Sec. 8. [REPEALER.] 33.2 Minnesota Statutes 1992, section 221.033, subdivision 4, is 33.3 repealed. Section 5 is repealed effective August 1, 19961997. 33.4 Sec. 34. [REPEALER.] 33.5 Minnesota Statutes 1994, sections 161.086; and 161.115, 33.6 subdivision 262, are repealed. 33.7 Sec. 35. [EFFECTIVE DATE.] 33.8 Sections 24 and 25 are effective February 1, 1997. 33.9 Sections 5 to 8 are effective the day following final 33.10 enactment. Section 14 is effective July 1, 1996. 33.11 ARTICLE 4 33.12 MOTOR VEHICLE REGISTRATION 33.13 Section 1. Minnesota Statutes 1994, section 168.042, 33.14 subdivision 8, is amended to read: 33.15 Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The 33.16 commissioner shall rescind the impoundment order of a person 33.17 subject to an order under this section, other than the violator, 33.18 if a: 33.19 (1) the violator had a valid driver's license on the date 33.20 of the violation and the person subject to an impoundment order33.21 under this section, other than the violator,files with the 33.22 commissioner an acceptable sworn statement containing the 33.23 following information: 33.24 (1)(i) that the person is the registered owner of the 33.25 vehicle from which the plates have been impounded under this 33.26 section; 33.27 (2)(ii) that the person is the current owner and possessor 33.28 of the vehicle used in the violation; 33.29 (3)(iii) the date on which the violator obtained the 33.30 vehicle from the registered owner; 33.31 (4)(iv) the residence addresses of the registered owner 33.32 and the violator on the date the violator obtained the vehicle 33.33 from the registered owner; 33.34 (5)(v) that the person was not a passenger in the vehicle 33.35 at the time of the violation; and 33.36 (6)(vi) that the person knows that the violator may not 34.1 drive, operate, or be in physical control of a vehicle without a 34.2 valid driver's license; or 34.3 (2) the violator did not have a valid driver's license on 34.4 the date of the violation and the person made a report to law 34.5 enforcement before the violation stating that the vehicle had 34.6 been taken from the person's possession or was being used 34.7 without permission. 34.8 (b) The commissioner may not rescind the impoundment order34.9 nor reissue registration plates to a registered owner if the34.10 owner knew or had reason to know that the violator did not have34.11 a valid driver's license on the date the violator obtained the34.12 vehicle from the owner.A person who has failed to make a report 34.13 as provided in paragraph (a), clause (2), may be issued special 34.14 registration plates under subdivision 12 for a period of one 34.15 year from the effective date of the impoundment order. At the 34.16 next registration renewal following this period, the person may 34.17 apply for regular registration plates. 34.18 (c) If the order is rescinded, the owner shall receive new 34.19 registration plates at no cost, if the plates were seized and 34.20 destroyed. 34.21 Sec. 2. Minnesota Statutes 1994, section 168.042, is 34.22 amended by adding a subdivision to read: 34.23 Subd. 13a. [ACQUIRING ANOTHER VEHICLE.] If during the 34.24 effective period of the plate impoundment the violator applies 34.25 to the commissioner for registration plates for any vehicle, the 34.26 commissioner shall not issue registration plates unless the 34.27 violator qualifies for special registration plates under 34.28 subdivision 12 and unless the plates issued are special plates 34.29 as described in subdivision 12. 34.30 Sec. 3. Minnesota Statutes 1994, section 168.12, 34.31 subdivision 2, is amended to read: 34.32 Subd. 2. [AMATEUR RADIO STATION LICENSEE; SPECIAL LICENSE 34.33 PLATES.] Any applicant who is an owner or joint owner of a 34.34 passenger automobile, van or pickup truck, or a self-propelled 34.35 recreational vehicle, and a resident of this state, and who 34.36 holds an official amateur radio station license, or a citizens 35.1 radio service class D license, in good standing, issued by the 35.2 Federal Communications Commission shall upon compliance with all 35.3 laws of this state relating to registration and the licensing of 35.4 motor vehicles and drivers, be furnished with license plates for 35.5 the motor vehicle, as prescribed by law, upon which, in lieu of 35.6 the numbers required for identification under subdivision 1, 35.7 shall be inscribed the official amateur call letters of the 35.8 applicant, as assigned by the Federal Communications 35.9 Commission ., and the words "AMATEUR RADIO." The applicant shall 35.10 pay in addition to the registration tax required by law, the sum 35.11 of $10 for the special license plates, and at the time of 35.12 delivery of the special license plates the applicant shall 35.13 surrender to the registrar the current license plates issued for 35.14 the motor vehicle. This provision for the issue of special 35.15 license plates shall apply only if the applicant's vehicle is 35.16 already registered in Minnesota so that the applicant has valid 35.17 regular Minnesota plates issued for that vehicle under which to 35.18 operate it during the time that it will take to have the 35.19 necessary special license plates made. If owning or jointly 35.20 owning more than one motor vehicle of the type specified in this 35.21 subdivision, the applicant may apply for special plates for each 35.22 of not more than two vehicles, and, if each application complies 35.23 with this subdivision, the registrar shall furnish the applicant 35.24 with the special plates, inscribed with the official amateur 35.25 call letters and other distinguishing information as the 35.26 registrar considers necessary, for each of the two vehicles. 35.27 And the registrar may make reasonable rules governing the use of 35.28 the special license plates as will assure the full compliance by 35.29 the owner and holder of the special plates, with all existing 35.30 laws governing the registration of motor vehicles, the transfer 35.31 and the use thereof. 35.32 Despite any contrary provision of subdivision 1, the 35.33 special license plates issued under this subdivision may be 35.34 transferred to another motor vehicle upon the payment of a fee 35.35 of $5. The registrar must be notified of the transfer and may 35.36 prescribe a form for the notification. 36.1 Fees collected under this subdivision must be paid into the 36.2 state treasury and credited to the highway user tax distribution 36.3 fund. 36.4 Sec. 4. Minnesota Statutes 1994, section 168.123, 36.5 subdivision 1, is amended to read: 36.6 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 36.7 payment of a fee of $10 for each set of two plates, or for a 36.8 single plate in the case of a motorcycle plate, payment of the 36.9 registration tax required by law, and compliance with other laws 36.10 relating to the registration and licensing of a passenger 36.11 automobile, pickup truck, van, self-propelled recreational 36.12 equipment, or motorcycle, as applicable, the registrar shall 36.13 issue: 36.14 (1) special license plates to an applicant who served in 36.15 the active military service in a branch of the armed forces of 36.16 the United States or of a nation or society allied with the 36.17 United States in conducting a foreign war, was discharged under 36.18 honorable conditions, and is an owner or joint owner of a motor36.19 vehicle included within the definition of apassenger automobile 36.20 or which is, pickup truck, van, or self-propelled recreational 36.21 equipment , on payment of a fee of $10 for each set of two36.22 plates, payment of the registration tax required by law, and36.23 compliance with other laws relating to registration and36.24 licensing of motor vehicles and drivers; or 36.25 (2) a special motorcycle license plate as described in 36.26 subdivision 2, paragraph (a), or another special license plate 36.27 designed by the commissioner of public safety to an applicant 36.28 who is a Vietnam veteran who served after July 1, 1961, and 36.29 before July 1, 1978, and who served in the active military 36.30 service in a branch of the armed forces of the United States in 36.31 conducting a foreign war, was discharged under honorable 36.32 conditions, and is an owner or joint owner of a motorcycle. 36.33 Plates issued under this clause must be the same size as 36.34 standard motorcycle license plates. 36.35 (b) The additional fee of $10 is payable for each set of 36.36 plates, is payable only when the plates are issued, and is not 37.1 payable in a year in which tabs or stickers are issued instead 37.2 of number plates. An applicant must not be issued more than two 37.3 sets of plates for vehicles listed in paragraph (a) and owned or 37.4 jointly owned by the applicant. 37.5 (c) The veteran shall have a certified copy of the 37.6 veteran's discharge papers, indicating character of discharge, 37.7 at the time of application. If an applicant served in the 37.8 active military service in a branch of the armed forces of a 37.9 nation or society allied with the United States in conducting a 37.10 foreign war and is unable to obtain a record of that service and 37.11 discharge status, the commissioner of veterans affairs may 37.12 certify the applicant as qualified for the veterans' license 37.13 plates provided under this section. 37.14 Sec. 5. Minnesota Statutes 1994, section 168.123, 37.15 subdivision 4, is amended to read: 37.16 Subd. 4. [PLATE TRANSFERS.] (a) On payment of a fee of $5, 37.17 plates issued under this sectionsubdivision 1, paragraph (a), 37.18 clause (1), may be transferred to another motor37.19 vehiclepassenger automobile, pickup truck, van, or 37.20 self-propelled recreational equipment owned or jointly owned by 37.21 the person to whom the plates were issued. 37.22 (b) On payment of a fee of $5, a plate issued under 37.23 subdivision 1, paragraph (a), clause (2), may be transferred to 37.24 another motorcycle owned or jointly owned by the person to whom 37.25 the plate was issued. 37.26 Sec. 6. [168.1291] [SPECIAL LICENSE PLATES; DESIGN.] 37.27 Subdivision 1. [DEFINITION.] For purposes of this section 37.28 "special license plates" means license plates issued under 37.29 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; 37.30 168.1292; and 168.1296. 37.31 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 37.32 commissioner shall design a single special license plate that 37.33 will contain a unique number and a space for a unique symbol. 37.34 The commissioner shall design a unique symbol related to the 37.35 purpose of each special license plate. Any provision of 37.36 sections 168.12, subdivisions 2b to 2e; 168.123; 168.129; 38.1 168.1292; and 168.1296 that requires the placement of a 38.2 specified letter or letters on a special license plate applies 38.3 to those license plates only to the extent that the commissioner 38.4 includes the letter or letters in the design. Where a law 38.5 authorizing a special license plate contains a specific 38.6 requirement for graphic design of that license plate, that 38.7 requirement applies to the appropriate unique symbol the 38.8 commissioner designs. 38.9 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 38.10 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 38.11 168.123; 168.129; 168.1292; or 168.1296, beginning with special 38.12 license plates issued in calendar year 1996 the commissioner 38.13 shall issue each class of special license plates permanently 38.14 marked with specific designs under those laws only until the 38.15 commissioner's supply of those license plates is exhausted. 38.16 Thereafter the commissioner shall issue under those laws only 38.17 the license plate authorized under subdivision 2, with the 38.18 appropriate unique symbol attached. 38.19 Subd. 4. [FEES.] Notwithstanding section 168.12, 38.20 subdivisions 2b to 2e; 168.123; 168.129; 168.1292; or 168.1296, 38.21 the commissioner shall charge a fee of $10 for each set of 38.22 license plates issued under this section. 38.23 Subd. 5. [APPLICATION.] This section does not apply to a 38.24 special motorcycle license plate designed by the registrar under 38.25 section 168.123, subdivision 1, clause (2). 38.26 Sec. 7. [168.1292] [OLYMPIC LICENSE PLATES.] 38.27 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 38.28 registrar shall issue special Olympic license plates to an 38.29 applicant who: 38.30 (1) is an owner or joint owner of a passenger automobile, 38.31 pickup truck, or van; 38.32 (2) pays a fee of $10 to cover the costs of handling and 38.33 manufacturing the plates; 38.34 (3) pays the registration tax required under section 38.35 168.013; 38.36 (4) pays the fees required under this chapter; 39.1 (5) contributes $15 annually to the Minnesota amateur 39.2 sports commission; and 39.3 (6) complies with laws and rules governing registration and 39.4 licensing of vehicles and drivers. 39.5 Subd. 2. [DESIGN.] After consultation with the United 39.6 States Olympic Committee, the registrar shall design the special 39.7 Olympic plates. 39.8 In consultation with the registrar, the Minnesota amateur 39.9 sports commission annually shall indicate the number of plates 39.10 the commission anticipates will be needed. 39.11 Subd. 3. [PLATE TRANSFERS.] Notwithstanding section 39.12 168.12, subdivision 1, on payment of a transfer fee of $5, 39.13 plates issued under this section may be transferred to another 39.14 passenger vehicle, pickup truck, or van owned or jointly owned 39.15 by the person to whom the special plates were issued. 39.16 Subd. 4. [FEES CREDITED.] The fees collected under this 39.17 section must be deposited in the state treasury and credited to 39.18 the highway user tax distribution fund. 39.19 Subd. 5. [CONTRIBUTIONS.] The registrar shall issue a set 39.20 of Olympic license plates under this section only to a person 39.21 who presents at the time of applying for registration a receipt 39.22 from the Minnesota amateur sports commission that demonstrates 39.23 that the applicant has contributed at least $15 to the 39.24 commission within 90 days prior to the date of the application. 39.25 After the issuance of that set of Olympic license plates, the 39.26 collection of subsequent contributions during the life of that 39.27 set of license plates is the responsibility of the commission. 39.28 Sec. 8. Minnesota Statutes 1995 Supplement, section 39.29 168.1296, subdivision 1, is amended to read: 39.30 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The 39.31 registrar shall issue special critical habitat license plates to 39.32 an applicant who: 39.33 (1) is an owner or joint owner of a passenger automobile, 39.34 pickup truck, or van; 39.35 (2) pays a fee determined by the registrarof $10 to cover 39.36 the costs of handling and manufacturing the plates; 40.1 (3) pays the registration tax required under section 40.2 168.013; 40.3 (4) pays the fees required under this chapter; 40.4 (5) contributes at least $30 annually to the Minnesota 40.5 critical habitat private sector matching account established in 40.6 section 84.943; and 40.7 (6) complies with laws and rules governing registration and 40.8 licensing of vehicles and drivers. 40.9 Sec. 9. Minnesota Statutes 1994, section 168.15, is 40.10 amended to read: 40.11 168.15 [RIGHTS AS TO REGISTRATION CERTIFICATES AND NUMBER 40.12 PLATES.] 40.13 Subdivision 1. [TRANSFER OF OWNERSHIP.] Except as provided 40.14 in subdivision 3, upon the transfer of ownership, destruction, 40.15 theft, dismantling as such, or the permanent removal by the 40.16 owner thereof from this state of any motor vehicle registered in 40.17 accordance with the provisions of this chapter, the right of the 40.18 owner of such vehicle to use the registration certificate and 40.19 number plates assigned such vehicle shall expire, and such 40.20 certificate and any existing plates shall be, by such owner, 40.21 forthwith returned, with transportation prepaid, to the 40.22 registrar with a signed notice of the date and manner of 40.23 termination of ownership, giving the name and post office 40.24 address, with street and number, if in a city, of the person to 40.25 whom transferred. No fee may be charged for a return of plates 40.26 under this section. When the ownership of a motor vehicle shall 40.27 be transferred to another who shall forthwith register the same 40.28 in the other's name, the registrar may permit the manual 40.29 delivery of such plates to the new owner of such vehicle. When 40.30 seeking to become the owner by gift, trade, or purchase of any 40.31 vehicle for which a registration certificate has been 40.32 theretofore issued under the provisions of this chapter, a 40.33 person shall join with the registered owner in transmitting with 40.34 the application the registration certificate, with the 40.35 assignment and notice of sale duly executed upon the reverse 40.36 side thereof, or, in case of loss of such certificate, with such 41.1 proof of loss by sworn statement, in writing, as shall be 41.2 satisfactory to the registrar. Upon the transfer of any motor 41.3 vehicle by a manufacturer or dealer, for use within the state, 41.4 whether by sale, lease, or otherwise, such manufacturer or 41.5 dealer shall, within seven days after such transfer, file with 41.6 the registrar a notice or report containing the date of such 41.7 transfer, a description of such motor vehicles, and the name, 41.8 street and number of residence, if in a city, and the post 41.9 office address of the transferee, and shall transmit therewith 41.10 the transferee's application for registration thereof. 41.11 Subd. 2. [TRANSFER OF ENGINE.] Upon the transfer of any 41.12 automobile engine or motor, except a new engine or motor, 41.13 transferred with intent that the same be installed in a new 41.14 automobile, and whether such transfer be made by a manufacturer 41.15 or dealer, or otherwise, and whether by sale, lease or 41.16 otherwise, the transferor shall, within two days after such 41.17 transfer, file with the registrar a notice or report containing 41.18 the date of such transfer and a description, together with the 41.19 maker's number of the engine or motor, and the name and post 41.20 office address of the purchaser, lessee, or other transferee. 41.21 Subd. 3. [VEHICLES OF LESSORS; TRANSFERS.] Notwithstanding 41.22 subdivision 1, a motor vehicle lessor licensed under section 41.23 168.27, subdivision 2, 3, or 4, may transfer license plates 41.24 issued to one rental motor vehicle owned by the lessor to 41.25 another rental motor vehicle, owned by the lessor and not 41.26 previously registered in Minnesota or another jurisdiction, if 41.27 within ten days of the transfer the lessor registers the vehicle 41.28 to which the license plates were transferred. Upon 41.29 registration, the lessor must pay all taxes and fees due on the 41.30 registration of the vehicle to which the license plates were 41.31 transferred, plus a transfer fee of $15. The fee must be 41.32 deposited in the highway user tax distribution fund. For 41.33 purposes of this subdivision, "rental motor vehicle" means a 41.34 vehicle used for rentals or leases of 30 days or less. 41.35 Sec. 10. Minnesota Statutes 1995 Supplement, section 41.36 168.16, is amended to read: 42.1 168.16 [REFUNDS; APPROPRIATION.] 42.2 After the tax upon any motor vehicle shall have been paid 42.3 for any year, refund shall be made for errors made in computing 42.4 the tax or fees and for the error on the part of an owner who 42.5 may in error have registered a motor vehicle that was not 42.6 before, nor at the time of registration, nor at any time 42.7 thereafter during the current past year, subject to tax in this 42.8 state as provided by section 168.012. Unless otherwise provided 42.9 in this chapter, a claim for a refund of an overpayment of 42.10 registration tax must be filed within 3-1/2 years from the date 42.11 of payment. The refundment shall be made from any fund in 42.12 possession of the registrar and shall be deducted from the 42.13 registrar's monthly report to the commissioner of finance. A 42.14 detailed report of the refundment shall accompany the report. 42.15 The former owner of a transferred vehicle by an assignment in 42.16 writing endorsed upon the registration certificate and delivered 42.17 to the registrar within the time provided herein may sell and 42.18 assign to the new owner thereof the right to have the tax paid 42.19 by the former owner accredited to the owner who duly registers 42.20 the vehicle. Any owner at the time of such occurrence, whose 42.21 vehicle shall beis permanently destroyed, or sold to the 42.22 federal government, the state, or political subdivision thereof, 42.23 and any owner who sells a rental motor vehicle and transfers the 42.24 license plates issued to that motor vehicle under section 42.25 168.15, subdivision 3, shall upon filing a verified claim be 42.26 entitled to a refund of the unused portion of the tax paid upon 42.27 the vehicle, computed as follows: 42.28 (1) if the vehicle is registered under the calendar year 42.29 system of registration, the refund is computed pro rata by the 42.30 month, 1/12 of the annual tax paid for each month of the year 42.31 remaining after the month in which the plates and certificate 42.32 were returned to the registrar; 42.33 (2) in the case of a vehicle registered under the monthly 42.34 series system of registration, the amount of the refund is equal 42.35 to the sum of the amounts of the license fee attributable to 42.36 those months remaining in the licensing period after the month 43.1 in which the plates and certificate were returned to the 43.2 registrar. 43.3 There is hereby appropriated to the persons entitled to a 43.4 refund, from the fund or account in the state treasury to which 43.5 the money was credited, an amount sufficient to make the refund 43.6 and payment. Refunds under this section to licensed motor 43.7 vehicle lessors must be made annually in a manner the registrar 43.8 determines. 43.9 Sec. 11. Minnesota Statutes 1994, section 168.33, is 43.10 amended by adding a subdivision to read: 43.11 Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The 43.12 registrar shall allow deputy registrars to implement and follow 43.13 procedures for processing applications and accepting and 43.14 remitting fee payments for 30-day temporary disability permits 43.15 issued under section 169.345, subdivision 3, paragraph (c), that 43.16 are identical or substantially similar to the procedures 43.17 required by rule for motor vehicle registration and titling 43.18 transactions. 43.19 Sec. 12. Minnesota Statutes 1994, section 169.121, 43.20 subdivision 3, is amended to read: 43.21 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this 43.22 subdivision: 43.23 (1) "prior impaired driving conviction" means a prior 43.24 conviction under this section; section 84.91, subdivision 1, 43.25 paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 43.26 360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 43.27 subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 43.28 clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 43.29 609.21, subdivision 4, clauses (2) to (4); or an ordinance from 43.30 this state, or a statute or ordinance from another state in 43.31 conformity with any of them. A prior impaired driving 43.32 conviction also includes a prior juvenile adjudication that 43.33 would have been a prior impaired driving conviction if committed 43.34 by an adult; and 43.35 (2) "prior license revocation" means a driver's license 43.36 suspension, revocation, or cancellation under this section; 44.1 section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 44.2 because of an alcohol-related incident; 609.21, subdivision 1, 44.3 clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 44.4 609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 44.5 3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 44.6 (4); or an ordinance from this state, or a statute or ordinance 44.7 from another state in conformity with any of them. 44.8 (b) A person who violates subdivision 1 or 1a, or an 44.9 ordinance in conformity with either of them, is guilty of a 44.10 misdemeanor. 44.11 (c) A person is guilty of a gross misdemeanor under any of 44.12 the following circumstances: 44.13 (1) the person violates subdivision 1 within five years of 44.14 a prior impaired driving conviction, or within ten years of the 44.15 first of two or more prior impaired driving convictions; 44.16 (2) the person violates subdivision 1a within five years of 44.17 a prior license revocation, or within ten years of the first of 44.18 two or more prior license revocations; 44.19 (3) the person violates section 169.26 while in violation 44.20 of subdivision 1; or 44.21 (4) the person violates subdivision 1 or 1a while a child 44.22 under the age of 16 is in the vehicle, if the child is more than 44.23 36 months younger than the violator. 44.24 (d) The attorney in the jurisdiction in which the violation 44.25 occurred who is responsible for prosecution of misdemeanor 44.26 violations of this section shall also be responsible for 44.27 prosecution of gross misdemeanor violations of this section. 44.28 (e) The court must impose consecutive sentences when it 44.29 sentences a person for a violation of this section or section 44.30 169.29 arising out of separate behavioral incidents. The court 44.31 also must impose a consecutive sentence when it sentences a 44.32 person for a violation of this section or section 169.129 and 44.33 the person, at the time of sentencing, is on probation for, or 44.34 serving, an executed sentence for a violation of this section or 44.35 section 169.29 and the prior sentence involved a separate 44.36 behavioral incident. The court also may order that the sentence 45.1 imposed for a violation of this section or section 169.29 shall 45.2 run consecutively to a previously imposed misdemeanor, gross 45.3 misdemeanor or felony sentence for a violation other than this 45.4 section or section 169.129. 45.5 (f) When an attorney responsible for prosecuting gross 45.6 misdemeanors under this section requests criminal history 45.7 information relating to prior impaired driving convictions from 45.8 a court, the court must furnish the information without charge. 45.9 (g) A violation of subdivision 1a may be prosecuted either 45.10 in the jurisdiction where the arresting officer observed the 45.11 defendant driving, operating, or in control of the motor vehicle 45.12 or in the jurisdiction where the refusal occurred. 45.13 Sec. 13. [APPROPRIATION TO PAY INITIAL COSTS OF OLYMPIC 45.14 PLATES.] 45.15 (a) The Minnesota amateur sports commission shall pay the 45.16 commissioner an amount determined by the commissioner to equal 45.17 the administrative, handling, and manufacturing costs of the 45.18 first production of Olympic license plates. Production of 45.19 license plates must begin after the commissioner receives 45.20 payment. 45.21 (b) The amount determined by the commissioner under 45.22 paragraph (a) is appropriated to the commissioner of public 45.23 safety to pay the costs of the first production of Olympic 45.24 license plates. The sum is available until spent. 45.25 (c) The amount paid by the Minnesota amateur sports 45.26 commission to the commissioner under paragraph (a) is 45.27 appropriated to the Minnesota amateur sports commission from the 45.28 highway user tax distribution fund. This appropriation is 45.29 available to the extent that Olympic license plates are sold and 45.30 receipts are credited to the highway user tax distribution fund. 45.31 Sec. 14. [REPORT.] 45.32 The commissioner of public safety shall report to the 45.33 legislature by January 15, 1999, on the fiscal impact of 45.34 sections 9 and 10. The report must include the total amount 45.35 paid in refunds and collected in fees under those sections. 45.36 Sec. 15. [EFFECTIVE DATE.] 46.1 Section 8 is effective the day following final enactment. 46.2 Sections 9 and 10 are effective January 1, 1997, and are 46.3 repealed June 30, 1999. 46.4 ARTICLE 5 46.5 REPLACEMENT TRANSIT SERVICE 46.6 Section 1. Minnesota Statutes 1995 Supplement, section 46.7 275.065, subdivision 3, is amended to read: 46.8 Subd. 3. [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 46.9 county auditor shall prepare and the county treasurer shall 46.10 deliver after November 10 and on or before November 24 each 46.11 year, by first class mail to each taxpayer at the address listed 46.12 on the county's current year's assessment roll, a notice of 46.13 proposed property taxes and, in the case of a town, final 46.14 property taxes. 46.15 (b) The commissioner of revenue shall prescribe the form of 46.16 the notice. 46.17 (c) The notice must inform taxpayers that it contains the 46.18 amount of property taxes each taxing authority other than a town 46.19 proposes to collect for taxes payable the following year and, 46.20 for a town, the amount of its final levy. It must clearly state 46.21 that each taxing authority, including regional library districts 46.22 established under section 134.201, and including the 46.23 metropolitan taxing districts as defined in paragraph (i), but 46.24 excluding all other special taxing districts and towns, will 46.25 hold a public meeting to receive public testimony on the 46.26 proposed budget and proposed or final property tax levy, or, in 46.27 case of a school district, on the current budget and proposed 46.28 property tax levy. It must clearly state the time and place of 46.29 each taxing authority's meeting and an address where comments 46.30 will be received by mail. 46.31 (d) The notice must state for each parcel: 46.32 (1) the market value of the property as determined under 46.33 section 273.11, and used for computing property taxes payable in 46.34 the following year and for taxes payable in the current year; 46.35 and, in the case of residential property, whether the property 46.36 is classified as homestead or nonhomestead. The notice must 47.1 clearly inform taxpayers of the years to which the market values 47.2 apply and that the values are final values; 47.3 (2) by county, city or town, school district excess 47.4 referenda levy, remaining school district levy, regional library 47.5 district, if in existence, the total of the metropolitan special 47.6 taxing districts as defined in paragraph (i) and the sum of the 47.7 remaining special taxing districts, and as a total of the taxing 47.8 authorities, including all special taxing districts, the 47.9 proposed or, for a town, final net tax on the property for taxes 47.10 payable the following year and the actual tax for taxes payable 47.11 the current year. For the purposes of this subdivision, "school 47.12 district excess referenda levy" means school district taxes for 47.13 operating purposes approved at referendums, including those 47.14 taxes based on net tax capacity as well as those based on market 47.15 value. "School district excess referenda levy" does not include 47.16 school district taxes for capital expenditures approved at 47.17 referendums or school district taxes to pay for the debt service 47.18 on bonds approved at referenda. In the case of the city of 47.19 Minneapolis, the levy for the Minneapolis library board and the 47.20 levy for Minneapolis park and recreation shall be listed 47.21 separately from the remaining amount of the city's levy. In the 47.22 case of a parcel where tax increment or the fiscal disparities 47.23 areawide tax applies, the proposed tax levy on the captured 47.24 value or the proposed tax levy on the tax capacity subject to 47.25 the areawide tax must each be stated separately and not included 47.26 in the sum of the special taxing districts; and 47.27 (3) the increase or decrease in the amounts in clause (2) 47.28 from taxes payable in the current year to proposed or, for a 47.29 town, final taxes payable the following year, expressed as a 47.30 dollar amount and as a percentage. 47.31 (e) The notice must clearly state that the proposed or 47.32 final taxes do not include the following: 47.33 (1) special assessments; 47.34 (2) levies approved by the voters after the date the 47.35 proposed taxes are certified, including bond referenda, school 47.36 district levy referenda, and levy limit increase referenda; 48.1 (3) amounts necessary to pay cleanup or other costs due to 48.2 a natural disaster occurring after the date the proposed taxes 48.3 are certified; 48.4 (4) amounts necessary to pay tort judgments against the 48.5 taxing authority that become final after the date the proposed 48.6 taxes are certified; and 48.7 (5) the contamination tax imposed on properties which 48.8 received market value reductions for contamination. 48.9 (f) Except as provided in subdivision 7, failure of the 48.10 county auditor to prepare or the county treasurer to deliver the 48.11 notice as required in this section does not invalidate the 48.12 proposed or final tax levy or the taxes payable pursuant to the 48.13 tax levy. 48.14 (g) If the notice the taxpayer receives under this section 48.15 lists the property as nonhomestead and the homeowner provides 48.16 satisfactory documentation to the county assessor that the 48.17 property is owned and has been used as the owner's homestead 48.18 prior to June 1 of that year, the assessor shall reclassify the 48.19 property to homestead for taxes payable in the following year. 48.20 (h) In the case of class 4 residential property used as a 48.21 residence for lease or rental periods of 30 days or more, the 48.22 taxpayer must either: 48.23 (1) mail or deliver a copy of the notice of proposed 48.24 property taxes to each tenant, renter, or lessee; or 48.25 (2) post a copy of the notice in a conspicuous place on the 48.26 premises of the property. 48.27 The notice must be mailed or posted by the taxpayer by 48.28 November 27 or within three days of receipt of the notice, 48.29 whichever is later. A taxpayer may notify the county treasurer 48.30 of the address of the taxpayer, agent, caretaker, or manager of 48.31 the premises to which the notice must be mailed in order to 48.32 fulfill the requirements of this paragraph. 48.33 (i) For purposes of this subdivision, subdivisions 5a and 48.34 6, "metropolitan special taxing districts" means the following 48.35 taxing districts in the seven-county metropolitan area that levy 48.36 a property tax for any of the specified purposes listed below: 49.1 (1) metropolitan council under section 473.132, 473.167, 49.2 473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 49.3 (2) metropolitan airports commission under section 473.667, 49.4 473.671, or 473.672; and 49.5 (3) metropolitan mosquito control commission under section 49.6 473.711. 49.7 (j) For taxes levied in 1996, payable in 1997 only, in the 49.8 case of a statutory or home rule charter city or town that 49.9 exercises the local levy option provided in section 473.388, 49.10 subdivision 7, the notice of its proposed taxes may include a 49.11 statement of the amount by which its proposed tax increase for 49.12 taxes payable in 1997 is attributable to its exercise of that 49.13 option, together with a statement that the levy of the 49.14 metropolitan council was decreased by a similar amount because 49.15 of the exercise of that option. 49.16 For purposes of this section, any levies made by the 49.17 regional rail authorities in the county of Anoka, Carver, 49.18 Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 49.19 398A shall be included with the appropriate county's levy and 49.20 shall be discussed at that county's public hearing. 49.21 Sec. 2. Minnesota Statutes 1995 Supplement, section 49.22 275.065, subdivision 6, is amended to read: 49.23 Subd. 6. [PUBLIC HEARING; ADOPTION OF BUDGET AND LEVY.] 49.24 Between November 29 and December 20, the governing bodies of the 49.25 city, county, metropolitan special taxing districts as defined 49.26 in subdivision 3, paragraph (i), and regional library districts 49.27 shall each hold a public hearing to discuss and seek public 49.28 comment on its final budget and property tax levy for taxes 49.29 payable in the following year, and the governing body of the 49.30 school district shall hold a public hearing to review its 49.31 current budget and proposed property tax levy for taxes payable 49.32 in the following year. The metropolitan special taxing 49.33 districts shall be required to hold only a single joint public 49.34 hearing, the location of which will be determined by the 49.35 affected metropolitan agencies. 49.36 At a subsequent hearing, each county, school district, 50.1 city, and metropolitan special taxing district may amend its 50.2 proposed property tax levy and must adopt a final property tax 50.3 levy. Each county, city, and metropolitan special taxing 50.4 district may also amend its proposed budget and must adopt a 50.5 final budget at the subsequent hearing. A school district is 50.6 not required to adopt its final budget at the subsequent 50.7 hearing. The subsequent hearing of a taxing authority must be 50.8 held on a date subsequent to the date of the taxing authority's 50.9 initial public hearing, or subsequent to the date of its 50.10 continuation hearing if a continuation hearing is held. The 50.11 subsequent hearing may be held at a regularly scheduled board or 50.12 council meeting or at a special meeting scheduled for the 50.13 purposes of the subsequent hearing. The subsequent hearing of a 50.14 taxing authority does not have to be coordinated by the county 50.15 auditor to prevent a conflict with an initial hearing, a 50.16 continuation hearing, or a subsequent hearing of any other 50.17 taxing authority. All subsequent hearings must be held prior to 50.18 five working days after December 20 of the levy year. 50.19 The time and place of the subsequent hearing must be 50.20 announced at the initial public hearing or at the continuation 50.21 hearing. 50.22 The property tax levy certified under section 275.07 by a 50.23 city, county, metropolitan special taxing district, regional 50.24 library district, or school district must not exceed the 50.25 proposed levy determined under subdivision 1, except by an 50.26 amount up to the sum of the following amounts: 50.27 (1) the amount of a school district levy whose voters 50.28 approved a referendum to increase taxes under section 124.82, 50.29 subdivision 3, 124A.03, subdivision 2, 124B.03, subdivision 2, 50.30 or 136C.411, after the proposed levy was certified; 50.31 (2) the amount of a city or county levy approved by the 50.32 voters after the proposed levy was certified; 50.33 (3) the amount of a levy to pay principal and interest on 50.34 bonds issued or approved by the voters under section 475.58 50.35 after the proposed levy was certified; 50.36 (4) the amount of a levy to pay costs due to a natural 51.1 disaster occurring after the proposed levy was certified, if 51.2 that amount is approved by the commissioner of revenue under 51.3 subdivision 6a; 51.4 (5) the amount of a levy to pay tort judgments against a 51.5 taxing authority that become final after the proposed levy was 51.6 certified, if the amount is approved by the commissioner of 51.7 revenue under subdivision 6a; 51.8 (6) the amount of an increase in levy limits certified to 51.9 the taxing authority by the commissioner of children, families, 51.10 and learning or the commissioner of revenue after the proposed 51.11 levy was certified; and 51.12 (7) the amount required under section 124.755. 51.13 At the hearing under this subdivision, the percentage 51.14 increase in property taxes proposed by the taxing authority, if 51.15 any, and the specific purposes for which property tax revenues 51.16 are being increased must be discussed. 51.17 During the discussion, the governing body shall hear 51.18 comments regarding a proposed increase and explain the reasons 51.19 for the proposed increase. The public shall be allowed to speak 51.20 and to ask questions. At the subsequent hearing held as 51.21 provided in this subdivision, the governing body, other than the 51.22 governing body of a school district, shall adopt its final 51.23 property tax levy prior to adopting its final budget. 51.24 If the hearing is not completed on its scheduled date, the 51.25 taxing authority must announce, prior to adjournment of the 51.26 hearing, the date, time, and place for the continuation of the 51.27 hearing. The continued hearing must be held at least five 51.28 business days but no more than 14 business days after the 51.29 original hearing. 51.30 The hearing must be held after 5:00 p.m. if scheduled on a 51.31 day other than Saturday. No hearing may be held on a Sunday. 51.32 The governing body of a county shall hold a hearing on the 51.33 second Tuesday in December each year, and may hold additional 51.34 hearings on other dates before December 20 if necessary for the 51.35 convenience of county residents. If the county needs a 51.36 continuation of its hearing, the continued hearing shall be held 52.1 on the third Tuesday in December. If the third Tuesday in 52.2 December falls on December 21, the county's continuation hearing 52.3 shall be held on Monday, December 20. The county auditor shall 52.4 provide for the coordination of hearing dates for all cities and 52.5 school districts within the county. 52.6 The metropolitan special taxing districts shall hold a 52.7 joint public hearing on the first Monday of December. A 52.8 continuation hearing, if necessary, shall be held on the second 52.9 Monday of December. 52.10 By August 10, each school board and the board of the 52.11 regional library district shall certify to the county auditors 52.12 of the counties in which the school district or regional library 52.13 district is located the dates on which it elects to hold its 52.14 hearings and any continuations. If a school board or regional 52.15 library district does not certify the dates by August 10, the 52.16 auditor will assign the hearing date. The dates elected or 52.17 assigned must not conflict with the hearing dates of the county 52.18 or the metropolitan special taxing districts. By August 20, the 52.19 county auditor shall notify the clerks of the cities within the 52.20 county of the dates on which school districts and regional 52.21 library districts have elected to hold their hearings. At the 52.22 time a city certifies its proposed levy under subdivision 1 it 52.23 shall certify the dates on which it elects to hold its hearings 52.24 and any continuations. The city must not select dates that 52.25 conflict with the county hearing dates, metropolitan special 52.26 taxing district dates, or with those elected by or assigned to 52.27 the school districts or regional library district in which the 52.28 city is located. 52.29 The county hearing dates and the city, metropolitan special 52.30 taxing district, regional library district, and school district 52.31 hearing dates must be designated on the notices required under 52.32 subdivision 3. The continuation dates need not be stated on the 52.33 notices. 52.34 This subdivision does not apply to towns and special taxing 52.35 districts other than regional library districts and metropolitan 52.36 special taxing districts. 53.1 Notwithstanding the requirements of this section, the 53.2 employer is required to meet and negotiate over employee 53.3 compensation as provided for in chapter 179A. 53.4 Sec. 3. Minnesota Statutes 1994, section 473.388, 53.5 subdivision 5, is amended to read: 53.6 Subd. 5. [OTHER ASSISTANCE.] A city or town receiving 53.7 assistance or levying a transit tax under this section may also 53.8 receive assistance from the council under section 473.384. In 53.9 applying for assistance under that section an applicant must 53.10 describe the portion of theits available local transit funds or 53.11 local transit taxes which are not obligated to subsidize its 53.12 replacement transit service and which the applicant proposes to 53.13 use to subsidize additional service. An applicant which has 53.14 exhausted its available local transit funds or local transit 53.15 taxes may use any other local subsidy funds to complete the 53.16 required local share. 53.17 Sec. 4. Minnesota Statutes 1994, section 473.388, is 53.18 amended by adding a subdivision to read: 53.19 Subd. 7. [LOCAL LEVY OPTION.] (a) A statutory or home rule 53.20 charter city or town that is eligible for assistance under this 53.21 section, in lieu of receiving the assistance, may levy a tax for 53.22 payment of the operating and capital expenditures for transit 53.23 and other related activities and to provide for payment of 53.24 obligations issued by the municipality for such purposes, 53.25 provided that the tax must be sufficient to maintain the level 53.26 of transit service provided in the municipality in the previous 53.27 year. 53.28 (b) The transit tax revenues derived by the municipality 53.29 may not exceed: 53.30 (1) for the first transit levy year and any subsequent 53.31 transit levy year immediately following a year in which the 53.32 municipality declines to make the levy, the maximum available 53.33 local transit funds for the municipality for taxes payable in 53.34 the current year under section 473.446, calculated as if the 53.35 percentage of transit tax revenues for the municipality were 88 53.36 percent instead of 90 percent, and multiplied by the 54.1 municipality's market value adjustment ratio; and 54.2 (2) for taxes levied in any year that immediately follows a 54.3 year in which the municipality elects to levy under this 54.4 subdivision, the maximum transit tax that the municipality may 54.5 have levied in the previous year under this subdivision, 54.6 multiplied by the municipality's market value adjustment ratio. 54.7 The commissioner of revenue shall certify the 54.8 municipality's levy limitation under this subdivision to the 54.9 municipality by June 1 of the levy year. The tax must be 54.10 accumulated and kept in a separate fund to be known as the 54.11 "replacement transit fund." 54.12 (c) To enable the municipality to receive revenues 54.13 described in clauses (2) and (3) of the definition of "tax 54.14 revenues" in subdivision 4, that would otherwise be lost if the 54.15 municipality's transit tax levy was not treated as a successor 54.16 levy to that made by the council under section 473.446: 54.17 (1) in the first transit levy year and any subsequent 54.18 transit levy year immediately following a year in which the 54.19 municipality declined to make the levy, 88 percent of the 54.20 council's nondebt spread levy for the current taxes payable year 54.21 shall be treated as levied by the municipality, and not the 54.22 council, for purposes of section 473F.08, subdivision 3, for the 54.23 purpose of determining its local tax rate for the preceding 54.24 year; and 54.25 (2) 88 percent of the revenues described in clause (3) of 54.26 the definition of "tax revenues" in subdivision 4, payable in 54.27 the first transit levy year, or payable in any subsequent 54.28 transit levy year following a year in which a municipality 54.29 declined to make the levy, shall be permanently transferred from 54.30 the council to the municipality. If a municipality levies a tax 54.31 under this subdivision in one year, but declines to levy in a 54.32 subsequent year, the aid transferred under this clause shall be 54.33 transferred back to the council. 54.34 (d) Any transit taxes levied under this subdivision are not 54.35 subject to, or counted towards, any limit hereafter imposed by 54.36 law on the levy of taxes upon taxable property within any 55.1 municipality unless the law specifically includes the transit 55.2 tax. 55.3 (e) This subdivision is consistent with the transit 55.4 redesign plan. Eligible municipalities opting to levy the 55.5 transit tax under this subdivision shall continue to meet the 55.6 regional performance standards established by the council. 55.7 (f) Within the designated Americans with Disabilities Act 55.8 area, metro mobility remains the obligation of the state. 55.9 (g) For purposes of this subdivision, "transit levy year" 55.10 is any year in which the municipality elects to levy under this 55.11 subdivision. 55.12 (h) A municipality may not levy taxes under this 55.13 subdivision in any year unless it notifies the council and the 55.14 commissioner of revenue of its intent to levy before July 1 of 55.15 the levy year. The notification must include the amount of the 55.16 municipality's proposed transit tax for the current levy year. 55.17 Sec. 5. Minnesota Statutes 1995 Supplement, section 55.18 473.446, subdivision 1, is amended to read: 55.19 Subdivision 1. [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 55.20 For the purposes of sections 473.405 to 473.449 and the 55.21 metropolitan transit system, except as otherwise provided in 55.22 this subdivision and subdivision 1b, the council shall levy each 55.23 year upon all taxable property within the metropolitan transit 55.24 taxing district, defined in subdivision 2, a transit tax 55.25 consisting of: 55.26 (a) an amount which shall be used for payment of the 55.27 expenses of operating transit and paratransit service and to 55.28 provide for payment of obligations issued by the council under 55.29 section 473.436, subdivision 6; 55.30 (b) an additional amount, if any, the council determines to 55.31 be necessary to provide for the full and timely payment of its 55.32 certificates of indebtedness and other obligations outstanding 55.33 on July 1, 1985, to which property taxes under this section have 55.34 been pledged; and 55.35 (c) an additional amount necessary to provide full and 55.36 timely payment of certificates of indebtedness, bonds, including 56.1 refunding bonds or other obligations issued or to be issued 56.2 under section 473.39 by the council for purposes of acquisition 56.3 and betterment of property and other improvements of a capital 56.4 nature and to which the council has specifically pledged tax 56.5 levies under this clause. 56.6 The property tax levied by the council for general purposes 56.7 under clauseparagraph (a) must not exceed the following amount 56.8 for the years specified: 56.9 (1) for taxes payable in 1995, the council's property tax 56.10 levy limitation for general transit purposes is equal to the 56.11 former regional transit board's property tax levy limitation for 56.12 general transit purposes under this subdivision, for taxes 56.13 payable in 1994, multiplied by an index for market valuation 56.14 changes equal to the total market valuation of all taxable 56.15 property located within the metropolitan transit taxing district 56.16 for the current taxes payable year divided by the total market 56.17 valuation of all taxable property located within the 56.18 metropolitan transit taxing district for the previous taxes 56.19 payable year; and 56.20 (2) for taxes payable in 1996 and subsequent years, the 56.21 product of (i) the council's property tax levy limitation for 56.22 general transit purposes for the previous year determined under 56.23 this subdivision before reduction by the amount levied by any 56.24 municipality in the previous year under section 473.388, 56.25 subdivision 7, multiplied by (ii) an index for market valuation 56.26 changes equal to the total market valuation of all taxable 56.27 property located within the metropolitan transit taxing district 56.28 for the current taxes payable year divided by the total market 56.29 valuation of all taxable property located within the 56.30 metropolitan transit taxing district for the previous taxes 56.31 payable year, minus the amount levied by any municipality in the 56.32 current levy year under section 473.388, subdivision 7. 56.33 The portion of the property tax levy for transit district 56.34 operating purposes attributable to a municipality that has 56.35 exercised a local levy option under section 473.388, subdivision 56.36 7, is the amount as determined under subdivision 1b. The 57.1 portion of the property tax levy for transit district operating 57.2 purposes attributable to the remaining municipalities within the 57.3 transit district is found by subtracting the portions 57.4 attributable to the municipalities that have exercised a local 57.5 levy option under section 473.388, subdivision 7. 57.6 For the taxes payable year 1995, the index for market 57.7 valuation changes shall be multiplied by an amount equal to the 57.8 sum of the regional transit board's property tax levy limitation 57.9 for the taxes payable year 1994 and $160,665. The $160,665 57.10 increase shall be a permanent adjustment to the levy limit base 57.11 used in determining the regional transit board's property tax 57.12 levy limitation for general purposes for subsequent taxes 57.13 payable years. 57.14 For the purpose of determining the council's property tax 57.15 levy limitation for general transit purposes under this 57.16 subdivision, "total market valuation" means the total market 57.17 valuation of all taxable property within the metropolitan 57.18 transit taxing district without valuation adjustments for fiscal 57.19 disparities (chapter 473F), tax increment financing (sections 57.20 469.174 to 469.179), and high voltage transmission lines 57.21 (section 273.425). 57.22 The county auditor shall reduce the tax levied pursuant to 57.23 this subdivisionsection and section 473.388 on all property 57.24 within statutory and home rule charter cities and towns that 57.25 receive full-peak service and limited off-peak service by an 57.26 amount equal to the tax levy that would be produced by applying 57.27 a rate of 0.510 percent of net tax capacity on the property. 57.28 The county auditor shall reduce the tax levied pursuant to 57.29 this subdivisionsection and section 473.388 on all property 57.30 within statutory and home rule charter cities and towns that 57.31 receive limited peak service by an amount equal to the tax levy 57.32 that would be produced by applying a rate of 0.765 percent of 57.33 net tax capacity on the property. The amounts so computed by 57.34 the county auditor shall be submitted to the commissioner of 57.35 revenue as part of the abstracts of tax lists required to be 57.36 filed with the commissioner under section 275.29. Any prior 58.1 year adjustments shall also be certified in the abstracts of tax 58.2 lists. The commissioner shall review the certifications to 58.3 determine their accuracy and may make changes in the 58.4 certification as necessary or return a certification to the 58.5 county auditor for corrections. The commissioner shall pay to 58.6 the council and to the municipalities levying under section 58.7 473.388, subdivision 7, the amounts certified by the county 58.8 auditors on the dates provided in section 273.1398, apportioned 58.9 between the council and the municipality in the same proportion 58.10 as the total transit levy is apportioned within the 58.11 municipality. There is annually appropriated from the general 58.12 fund in the state treasury to the department of revenue the 58.13 amounts necessary to make these payments. 58.14 For the purposes of this subdivision, "full-peak and 58.15 limited off-peak service" means peak period regular route 58.16 service, plus weekday midday regular route service at intervals 58.17 longer than 60 minutes on the route with the greatest frequency; 58.18 and "limited peak period service" means peak period regular 58.19 route service only. 58.20 For the purposes of property taxes payable in the following 58.21 year, the council shall annually determine which cities and 58.22 towns qualify for the 0.510 percent or 0.765 percent tax 58.23 capacity rate reduction and shall certify this list to the 58.24 county auditor of the county wherein such cities and towns are 58.25 located on or before September 15. No changes may be made to 58.26 the annual list after September 15. 58.27 Sec. 6. Minnesota Statutes 1994, section 473.446, is 58.28 amended by adding a subdivision to read: 58.29 Subd. 1b. [DEDUCTION OF LOCAL TRANSIT LEVY FOR ELIGIBLE 58.30 MUNICIPALITIES.] (a) The maximum the council may levy for 58.31 general purposes under subdivision 1, paragraph (a), upon 58.32 taxable property within a municipality levying taxes under 58.33 section 473.388, subdivision 7, is the combined transit tax 58.34 levied within the municipality in the previous year under 58.35 subdivision 1 and section 473.388, subdivision 7, multiplied by 58.36 the municipality's market value adjustment ratio, minus the 59.1 amount to be levied by the municipality under section 473.388, 59.2 subdivision 7, for the current levy year. 59.3 (b) For purposes of this subdivision: 59.4 (1) "municipality" means a municipality levying taxes under 59.5 section 473.388, subdivision 7, for replacement transit service; 59.6 (2) "market value adjustment ratio" means the index for 59.7 market valuation changes described in this section, as applied 59.8 to individual municipalities; and 59.9 (3) "tax revenues" has the meaning given the term in 59.10 section 473.388, subdivision 4. 59.11 Sec. 7. Minnesota Statutes 1995 Supplement, section 59.12 473.446, subdivision 8, is amended to read: 59.13 Subd. 8. [STATE REVIEW.] The commissioner of revenue shall 59.14 certify the council's levy limitation under this section to the 59.15 council by August 1 of the levy year. The council must certify 59.16 its proposed property tax levy under this section to the 59.17 commissioner of revenue by September 1 of the levy year. The 59.18 commissioner of revenue shall annually determine whether the 59.19 property tax for transit purposes certified by the council for 59.20 levy following the adoption of its proposed budget is within the 59.21 levy limitation imposed by subdivisionsubdivisions 1 and 1b. 59.22 The commissioner shall also annually determine whether the 59.23 transit tax imposed on all taxable property within the 59.24 metropolitan transit area but outside of the metropolitan 59.25 transit taxing district is within the levy limitation imposed by 59.26 subdivision 1a. The determination must be completed prior to 59.27 September 10 of each year. If current information regarding 59.28 market valuation in any county is not transmitted to the 59.29 commissioner in a timely manner, the commissioner may estimate 59.30 the current market valuation within that county for purposes of 59.31 making the calculations. 59.32 Sec. 8. [APPLICATION.] 59.33 This article applies in the counties of Anoka, Carver, 59.34 Dakota, Hennepin, Ramsey, Scott, and Washington. 59.35 Sec. 9. [EFFECTIVE DATE.] 59.36 Sections 1 to 7 are effective for taxes levied in 1996, 60.1 payable in 1997 and subsequent years. 60.2 ARTICLE 6 60.3 DESIGNATED PARENTS 60.4 Section 1. Minnesota Statutes 1995 Supplement, section 60.5 13.69, subdivision 1, is amended to read: 60.6 Subdivision 1. [CLASSIFICATIONS.] (a) The following 60.7 government data of the department of public safety are private 60.8 data: 60.9 (1) medical data on driving instructors, licensed drivers, 60.10 and applicants for parking certificates and special license 60.11 plates issued to physically handicapped persons; 60.12 (2) other data on holders of a disability certificate under 60.13 section 169.345, except that data that are not medical data may 60.14 be released to law enforcement agencies; and60.15 (3) social security numbers in driver's license and motor 60.16 vehicle registration records, except that social security 60.17 numbers must be provided to the department of revenue for 60.18 purposes of tax administration and the department of labor and 60.19 industry for purposes of workers' compensation administration 60.20 and enforcement .; and 60.21 (4) data on persons listed as designated parents under 60.22 section 171.07, subdivision 11, except that the data must be 60.23 released to: 60.24 (i) law enforcement agencies for the purpose of verifying 60.25 that an individual is a designated parent; or 60.26 (ii) law enforcement agencies who state that the license 60.27 holder is unable to communicate at that time and that the 60.28 information is necessary for notifying the designated parent of 60.29 the need to care for a child of the license holder. 60.30 (b) The following government data of the department of 60.31 public safety are confidential data: data concerning an 60.32 individual's driving ability when that data is received from a 60.33 member of the individual's family. 60.34 Sec. 2. Minnesota Statutes 1994, section 171.07, is 60.35 amended by adding a subdivision to read: 60.36 Subd. 11. [DESIGNATED PARENT.] (a) Upon the written 61.1 request of the applicant on a form developed by the department, 61.2 which contains the information specified in paragraph (b), and 61.3 upon payment of an additional fee of $3.50, the department shall 61.4 issue a driver's license or Minnesota identification card 61.5 bearing a symbol or other appropriate identifier indicating that 61.6 the license holder has appointed an individual to serve as a 61.7 designated parent under chapter 257A. 61.8 (b) The form shall provide as follows: 61.9 "...(Name of parent(s))... appoints ...(name of designated 61.10 parent)... to provide care for ...(name of child or children)... 61.11 when requested by the parent(s) or when the parent(s) is unable 61.12 to care for the child (children) and unable to request the 61.13 designated parent's assistance. 61.14 The designated parent will care for the child (children) 61.15 named in this form for (choose one of the following): 61.16 (indicate a specified period of time that is less than one 61.17 year); or 61.18 (indicate that care is to be provided for one year). 61.19 The designated parent has the powers and duties to make 61.20 decisions and meet the child's (children's) needs in the areas 61.21 checked or specified below: 61.22 education ..... 61.23 health care ..... 61.24 religion ..... 61.25 day care ..... 61.26 recreation ..... 61.27 other ..... 61.28 ........................................................... 61.29 ........................................................... 61.30 ........................................................... 61.31 The designated parent (choose one of the following): 61.32 is ... 61.33 is not ... 61.34 authorized to make decisions about financial issues and 61.35 control financial resources provided for the child (children) by 61.36 the parent. 62.1 This designated parent agreement is effective for four 62.2 years following the date it is signed by the parent(s), 62.3 designated parent, any child age 14 or older, and any alternate 62.4 designated parent. However, the agreement may be canceled by a 62.5 parent, a designated parent, or an alternate designated parent 62.6 at any time before that date, upon notice to the other parties 62.7 to the agreement. 62.8 (Parent(s) signature(s) and Minnesota driver's license(s) 62.9 or Minnesota identification card number(s)) 62.10 (Designated parent signature, Minnesota driver's license or 62.11 Minnesota identification card number, address, and telephone 62.12 number) 62.13 (Alternate designated parent signature, Minnesota driver's 62.14 license or Minnesota identification card number, address, and 62.15 telephone number) 62.16 (Child age 14 or older signature .....) 62.17 (Date .....) 62.18 (Notarization .....)" 62.19 (c) The department shall maintain a computerized records 62.20 system of all persons listed as designated parents by driver's 62.21 license and identification card applicants. This data shall be 62.22 released to appropriate law enforcement agencies under section 62.23 13.69. Upon a parent's request and payment of a fee of $3.50, 62.24 the department shall revise its list of designated parents and 62.25 alternates to reflect a change in the appointment of a 62.26 designated parent. 62.27 (d) At the request of the license or card holder, the 62.28 department shall cancel the designated parent indication without 62.29 additional charge. However, this paragraph does not prohibit a 62.30 fee that may be applicable for a duplicate or replacement 62.31 license or card, renewal of a license, or other service 62.32 applicable to a driver's license or identification card. 62.33 (e) Notwithstanding sections 13.08, subdivision 1, and 62.34 13.69, the department and department employees are conclusively 62.35 presumed to be acting in good faith when employees rely on 62.36 statements made, in person or by telephone, by persons 63.1 purporting to be law enforcement and subsequently release 63.2 information described in paragraph (b). When acting in good 63.3 faith, the department and department personnel are immune from 63.4 civil liability and not subject to suit for damages resulting 63.5 from the release of this information. 63.6 (f) The department and its employees: 63.7 (1) have no duty to inquire or otherwise determine whether 63.8 a form submitted under this subdivision contains the signatures 63.9 of all parents who have legal custody of a child; and 63.10 (2) are immune from all civil liability and not subject to 63.11 suit for damages resulting from a claim that any parent with 63.12 legal custody of a child has not signed the form. 63.13 (g) Of the fees received by the department under this 63.14 subdivision: 63.15 (1) Up to $111,000 received in fiscal year 1997 and up to 63.16 $61,000 received in subsequent fiscal years must be deposited in 63.17 the general fund. 63.18 (2) All other fees must be deposited in the trunk highway 63.19 fund. 63.20 Sec. 3. Minnesota Statutes 1994, section 171.26, is 63.21 amended to read: 63.22 171.26 [MONEY CREDITED TO FUNDS.] 63.23 All money received under this chapter must be paid into the 63.24 state treasury and credited to the trunk highway fund, except as 63.25 provided in sections 171.06, subdivision 2a; 171.07, subdivision 63.26 11, paragraph (g); 171.12, subdivision 8; and 171.29, 63.27 subdivision 2, paragraph (b). 63.28 Sec. 4. [257A.01] [DESIGNATED PARENT AGREEMENT.] 63.29 Subdivision 1. [DESIGNATION IN AGREEMENT.] A parent who 63.30 has legal custody of a child may execute a designated parent 63.31 agreement that names an adult to serve as a designated parent to 63.32 care for the parent's minor child for a period of time specified 63.33 in the designated parent agreement, but not to exceed one year. 63.34 Subd. 2. [CONSENTS AND NOTICE REQUIRED.] The agreement 63.35 must be executed by all parents with physical custody of the 63.36 child. The agreement becomes operative when none of the parents 64.1 with physical custody is able to care for the child. As soon as 64.2 practicable after executing an agreement, a copy of the 64.3 agreement must be given to any noncustodial parent of the child 64.4 and to every child age 14 or older to whom the agreement applies. 64.5 Sec. 5. [257A.02] [DESIGNATED PARENT; ALTERNATE.] 64.6 An individual acting as a designated parent is exempt in 64.7 that role from any statute or administrative rule requiring a 64.8 foster care license, unless the child was placed in the home of 64.9 the designated parent by a child-placing agency pursuant to a 64.10 voluntary placement agreement or court order, but must provide 64.11 the notice required by section 257A.09 if applicable. A parent 64.12 who has named a guardian by will for the parent's children may 64.13 name that guardian or another individual as a designated parent 64.14 for the child. A parent who has legal custody of more than one 64.15 child may appoint the same or a different designated parent for 64.16 each child. 64.17 A parent may appoint an alternate designated parent who 64.18 would serve if the designated parent is unwilling or unable to 64.19 serve. All the provisions of this chapter dealing with a 64.20 designated parent apply to an alternate designated parent. 64.21 Sec. 6. [257A.03] [POWERS AND DUTIES OF DESIGNATED 64.22 PARENT.] 64.23 Subdivision 1. [GENERAL.] A designated parent has all the 64.24 powers regarding the care, custody, and financial interests of a 64.25 minor child specified in the designated parent agreement, except 64.26 as otherwise provided in this section. A designated parent does 64.27 not have the power to consent to marriage or adoption of the 64.28 child. 64.29 Subd. 2. [NOTICE TO NONCUSTODIAL PARENT; VISITATION.] As 64.30 soon as practicable after assuming care of a child, the 64.31 designated parent shall notify any noncustodial parent that the 64.32 designated parent has assumed care of the child. Court-ordered 64.33 visitation rights of a noncustodial parent continue while the 64.34 child is in the care of the designated parent, unless otherwise 64.35 modified by the court. A designated parent agreement does not 64.36 affect the right of a parent without physical custody to bring a 65.1 custody motion under chapter 518. 65.2 Subd. 3. [CHILD SUPPORT.] A preexisting child support 65.3 order is not suspended or terminated during the time a child is 65.4 cared for by a designated parent, unless otherwise provided by 65.5 court order. A designated parent has a cause of action for 65.6 child support against an absent parent under section 256.87, 65.7 subdivision 5. 65.8 Sec. 7. [257A.04] [DURATION.] 65.9 Subdivision 1. [IN GENERAL.] Unless canceled earlier under 65.10 section 257A.07 by a parent or the designated parent, a 65.11 designated parent agreement is effective for four years, after 65.12 which date a new agreement may be entered. The new agreement 65.13 may name the same or a different designated parent. A 65.14 designated parent agreement automatically terminates as to any 65.15 child when that child reaches age 18 or is lawfully married. 65.16 Subd. 2. [DEATH OF A PARENT.] If a parent dies while a 65.17 designated parent agreement is in effect, and there is no living 65.18 parent able to care for the child, the designated parent shall 65.19 care for the child until a guardian appointed by will is able to 65.20 take custody of the child or until a court order otherwise 65.21 provides for the care of the child. However, the designated 65.22 parent may cancel the agreement at any time under section 65.23 257A.07. 65.24 Sec. 8. [257A.05] [FORM.] 65.25 Subdivision 1. [WRITING.] A designated parent agreement 65.26 must be made in writing and all signatures must be notarized. 65.27 Subd. 2. [DESIGNATED PARENT INDICATION ON DRIVER'S 65.28 LICENSE.] A parent who wishes to have a designated parent 65.29 indication placed on the parent's driver's license or 65.30 identification card under section 171.07, subdivision 11, must 65.31 submit a copy of the notarized designated parent agreement to 65.32 the department of public safety and pay any required fee. 65.33 Sec. 9. [257A.06] [MULTIPLE AGREEMENTS.] 65.34 If more than one otherwise valid designated parent 65.35 agreement exists regarding the same child, the priority among 65.36 agreements is determined as follows: 66.1 (1) an agreement that has been submitted to the department 66.2 of public safety has priority over any other agreement; 66.3 (2) if one or more agreements have been submitted to the 66.4 department of public safety under section 171.07, subdivision 66.5 11, the agreement with the most recent date that has been 66.6 submitted to the department controls; and 66.7 (3) if multiple agreements exist, none of which has been 66.8 submitted to the department of public safety, the agreement with 66.9 the most recent date controls. 66.10 Sec. 10. [257A.07] [CANCELLATION.] 66.11 Subdivision 1. [HOW AND BY WHOM.] A parent may cancel a 66.12 designated parent agreement at any time. The parent shall 66.13 notify the designated parent of the cancellation. If the 66.14 designated parent is caring for the child at the time of 66.15 cancellation, the child must be returned to the parent 66.16 immediately upon the parent's request. 66.17 A designated parent may decline to serve at any time, and 66.18 the parent must cancel the agreement immediately upon request by 66.19 the designated parent. If a designated parent is caring for a 66.20 child when the designated parent cancels the agreement, the 66.21 parent must take physical custody of the child immediately. If 66.22 the parent is unable to resume physical custody at that time: 66.23 (1) the parent may name a new designated parent to care for 66.24 the child who shall immediately take custody of the child; or 66.25 (2) if that is not possible, the designated parent shall 66.26 contact the local social service agency, which shall assess the 66.27 needs and circumstances of the child, including the likelihood 66.28 of the noncustodial parent taking custody, and the need for 66.29 placement and court action on behalf of the child, if necessary. 66.30 Subd. 2. [NOTICE TO DEPARTMENT OF PUBLIC SAFETY.] A parent 66.31 who has had a designated parent indication placed on the 66.32 parent's driver's license or identification card under section 66.33 171.07, subdivision 11, has the responsibility to notify the 66.34 department of public safety in writing whenever a designated 66.35 parent agreement is canceled or a new designated parent or 66.36 alternate is chosen. 67.1 Sec. 11. [257A.08] [EXTENDING PERIOD OF CARE.] 67.2 If a parent is unable to resume caring for a child upon 67.3 expiration of the period of care indicated in the designated 67.4 parent agreement, the period of care may be extended for a 67.5 length of time agreed by the parent and designated parent, but 67.6 not to exceed one year. If a parent cannot be contacted or is 67.7 unable to communicate a decision about the child's care when the 67.8 agreed period of care expires, the designated parent may: 67.9 (1) petition the juvenile court to authorize continued care 67.10 by the designated parent until the parent is able to resume the 67.11 child's care, or for one year, whichever is sooner; or 67.12 (2) contact the local social service agency, which shall 67.13 assess the needs and circumstances of the child, including the 67.14 likelihood of the noncustodial parent taking custody of the 67.15 child, and the need for placement and court action on behalf of 67.16 the child, if necessary. 67.17 Sec. 12. [257A.09] [NOTICE TO LOCAL SOCIAL SERVICE AGENCY; 67.18 INVESTIGATION.] 67.19 If a child has been in the home of a designated parent for 67.20 30 days, the designated parent shall promptly notify the local 67.21 social service agency, any adult siblings of the child, and any 67.22 living paternal or maternal grandparents, of the following: 67.23 (1) the child's name, home address, and the name and home 67.24 address of the child's parents; 67.25 (2) that the child is in the home under a designated parent 67.26 agreement; and 67.27 (3) the length of time the child is expected to remain in 67.28 the designated parent's home. 67.29 The local social service agency may visit the child and the 67.30 home and may continue to visit and supervise the home and the 67.31 child or take other appropriate action to assure that the 67.32 welfare of the child is fully protected. 67.33 Sec. 13. [257A.10] [LOCAL SOCIAL SERVICE AGENCY 67.34 EVALUATION.] 67.35 When a local social service agency assumes responsibility 67.36 for a child pursuant to a voluntary placement agreement or by 68.1 order of the court, and the parent requests that placement be 68.2 with a designated parent, the local social service agency must 68.3 evaluate the appropriateness of the child's placement with the 68.4 designated parent. If placement with the designated parent is 68.5 deemed to be in the child's best interest, the designated parent 68.6 must comply with licensure requirements under Minnesota 68.7 Statutes, chapter 245A, in order to provide foster care for the 68.8 child. 68.9 Sec. 14. Minnesota Statutes 1994, section 260.173, 68.10 subdivision 2, is amended to read: 68.11 Subd. 2. Notwithstanding the provisions of subdivision 1, 68.12 if the child had been taken into custody pursuant to section 68.13 260.165, subdivision 1, clause (a) or clause (c)(2), and is not 68.14 alleged to be delinquent, the child shall be detained in the 68.15 least restrictive setting consistent with the child's health and 68.16 welfare and in closest proximity to the child's family as 68.17 possible. Placement may be with a child's relative, a 68.18 designated parent under chapter 257A, or in a shelter care 68.19 facility. 68.20 Sec. 15. Minnesota Statutes 1994, section 524.5-505, is 68.21 amended to read: 68.22 524.5-505 [DELEGATION OF POWERS BY PARENT OR GUARDIAN.] 68.23 A parent or a guardian of a minor or incapacitated person, 68.24 by a properly executed power of attorney, may delegate to 68.25 another person, for a period not exceeding six months, any 68.26 powers regarding care, custody, or property of the minor or 68.27 ward, except the power to consent to marriage or adoption of a 68.28 minor ward. A parent of a minor child may delegate those powers 68.29 for a period not exceeding one year by a designated parent 68.30 agreement under chapter 257A. 68.31 Sec. 16. [EFFECTIVE DATE.] 68.32 Sections 1 to 15 are effective July 1, 1996. 68.33 ARTICLE 7 68.34 STATE-AID SYSTEM 68.35 Section 1. Minnesota Statutes 1994, section 162.02, 68.36 subdivision 7, is amended to read: 69.1 Subd. 7. [ESTABLISHMENT IN NEW LOCATION OR OVER 69.2 ESTABLISHED ROADS.] The county board of any county may establish 69.3 and locate any county state-aid highway on new location where 69.4 there is no existing road, or it may establish and locate the 69.5 highway upon or over any established road or street or a 69.6 specified portion thereof within its limits ; provided, that. 69.7 Except as provided in subdivision 8a, no county state-aid 69.8 highway shall be established or located within the corporate 69.9 limits of any city without the approval of the governing body of 69.10 the city, except that when a county state-aid highway is 69.11 relocated the approval of the plans by the governing body shall 69.12 be deemed to be a transfer of the previous location of the 69.13 highway to the jurisdiction of the city. The approval shall be 69.14 in the manner and form required by the commissioner. 69.15 Sec. 2. Minnesota Statutes 1994, section 162.02, 69.16 subdivision 8, is amended to read: 69.17 Subd. 8. [APPROVAL BY CITY.] Except as provided in 69.18 subdivision 8a, no portion of the county state-aid highway 69.19 system lying within the corporate limits of any city shall be 69.20 constructed, reconstructed, or improved nor the grade thereof 69.21 changed without the prior approval of the plans by the governing 69.22 body of such city and the approval shall be in the manner and 69.23 form required by the commissioner. 69.24 Sec. 3. Minnesota Statutes 1994, section 162.02, is 69.25 amended by adding a subdivision to read: 69.26 Subd. 8a. [DISPUTE RESOLUTION BOARD.] If a city has failed 69.27 to approve establishment, construction, reconstruction, or 69.28 improvement of a county state-aid highway within its corporate 69.29 limits under subdivision 7 or 8, the county board may, by 69.30 resolution, request the commissioner to appoint a dispute 69.31 resolution board consisting of one county commissioner, one 69.32 county engineer, one city council member or city mayor, one city 69.33 engineer, and one representative of the department of 69.34 transportation. The board shall review the proposed change and 69.35 make a recommendation to the commissioner. Notwithstanding any 69.36 other law, the commissioner may approve the establishment, 70.1 construction, reconstruction, or improvement of a county 70.2 state-aid highway recommended by the board. 70.3 Sec. 4. Minnesota Statutes 1994, section 162.07, 70.4 subdivision 1, is amended to read: 70.5 Subdivision 1. [FORMULA.] After deducting for 70.6 administrative costs and for the disaster account and research 70.7 account and state park roads as heretofore provided, the 70.8 remainder of the total sum provided for in section 162.06, 70.9 subdivision 1, shall be identified as the apportionment sum and 70.10 shall be apportioned by the commissioner to the several counties 70.11 on the basis of the needs of the counties as determined in 70.12 accordance with the following formula: 70.13 (1) An amount equal to ten percent of the apportionment sum 70.14 shall be apportioned equally among the 87 counties. 70.15 (2) An amount equal to ten percent of the apportionment sum 70.16 shall be apportioned among the several counties so that each 70.17 county shall receive of such amount the percentage that its 70.18 motor vehicle registration for the calendar year preceding the 70.19 one last past, determined by residence of registrants, bears to 70.20 the total statewide motor vehicle registration. 70.21 (3) An amount equal to 30 percent of the apportionment sum 70.22 shall be apportioned among the several counties so that each 70.23 county shall receive of such amount the percentage that its 70.24 total mileslane-miles of approved county state-aid highways 70.25 bears to the total mileslane-miles of approved statewide county 70.26 state-aid highways. In 1997 and subsequent years no county may 70.27 receive, as a result of an apportionment under this clause based 70.28 on lane-miles rather than miles of approved county state-aid 70.29 highways, an apportionment that is less than its apportionment 70.30 in 1996. 70.31 (4) An amount equal to 50 percent of the apportionment sum 70.32 shall be apportioned among the several counties so that each 70.33 county shall receive of such amount the percentage that its 70.34 money needs bears to the sum of the money needs of all of the 70.35 individual counties; provided, that the percentage of such 70.36 amount that each county is to receive shall be adjusted so that 71.1 each county shall receive in 1958 a total apportionment at least 71.2 ten percent greater than its total 1956 apportionments from the 71.3 state road and bridge fund; and provided further that those 71.4 counties whose money needs are thus adjusted shall never receive 71.5 a percentage of the apportionment sum less than the percentage 71.6 that such county received in 1958. 71.7 Sec. 5. Minnesota Statutes 1994, section 162.07, 71.8 subdivision 5, is amended to read: 71.9 Subd. 5. [SCREENING BOARD.] On or before September 1 of 71.10 each year the county engineer of each county shall forward to 71.11 the commissioner, on forms prepared by the commissioner, all 71.12 information relating to the mileage, in lane-miles, of the 71.13 county state-aid highway system in the county, and the money 71.14 needs of the county that the commissioner deems necessary in 71.15 order to apportion the county state-aid highway fund in 71.16 accordance with the formula heretofore set forth. Upon receipt 71.17 of the information the commissioner shall appoint a board 71.18 consisting of ninethe following county engineers . The board71.19 shall be so selected that each county engineer appointed shall71.20 be from a different state highway construction district: 71.21 (1) two county engineers from the metropolitan highway 71.22 construction district; 71.23 (2) one county engineer from each nonmetropolitan highway 71.24 district; and 71.25 (3) one additional county engineer from each county with a 71.26 population of 175,000 or more. 71.27 No county engineer shall be appointed under clause (1) or 71.28 (2) so as to serve consecutively for more than twofour years. 71.29 The board shall investigate and review the information submitted 71.30 by each county and shall on or before the first day of November 71.31 of each year submit its findings and recommendations in writing 71.32 as to each county's mileagelane-mileage and money needs to the 71.33 commissioner on a form prepared by the commissioner. Final 71.34 determination of the mileagelane-mileage of each system and the 71.35 money needs of each county shall be made by the commissioner. 71.36 Sec. 6. Minnesota Statutes 1994, section 162.07, 72.1 subdivision 6, is amended to read: 72.2 Subd. 6. [ESTIMATES TO BE MADE IF INFORMATION NOT 72.3 PROVIDED.] In the event that any county shall fail to submit the 72.4 information provided for herein, the commissioner shall estimate 72.5 the mileagelane-mileage and the money needs of the county. The 72.6 estimate shall be used in determining the apportionment 72.7 formula. The commissioner may withhold payment of the amount 72.8 apportioned to the county until the information is submitted.