3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor vehicles; modifying vehicle 1.3 registration and titling provisions; modifying 1.4 interstate commercial vehicle registration provisions 1.5 to conform to interstate registration plan; conforming 1.6 state open bottle law to federal law; allowing 1.7 exception to requirement of school bus drivers to 1.8 activate school bus stop signals; adopting federal 1.9 odometer regulations; modifying provisions to conform 1.10 to federal standards for emergency vehicle siren; 1.11 modifying fee provisions; making technical and 1.12 clarifying changes; amending Minnesota Statutes 1998, 1.13 sections 168.012, subdivision 7; 168.017, subdivision 1.14 3; 168.09, subdivision 6; 168.1235, subdivisions 1 and 1.15 4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, 1.16 subdivision 4; 168.33, subdivision 7; 168.54, 1.17 subdivisions 5 and 6; 168A.03; 168A.04, subdivision 5, 1.18 and by adding a subdivision; 168A.06; 168A.13; 1.19 168A.14; 168A.31, subdivision 1; 169.122, subdivisions 1.20 1, 2, and 3; 169.443, subdivision 3; 169.68; 169.781, 1.21 subdivision 3; 171.20, subdivision 4; and 325E.15; 1.22 Minnesota Statutes 1999 Supplement, sections 168.15, 1.23 subdivision 1; 168.16; and 171.29, subdivision 2; Laws 1.24 1995, chapter 264, article 2, section 44, as amended; 1.25 repealing Minnesota Statutes 1998, section 168.1292. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 Section 1. Minnesota Statutes 1998, section 168.012, 1.28 subdivision 7, is amended to read: 1.29 Subd. 7. [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.] 1.30 The owner of a motor
vehicles whichvehicle that during any 1.31 calendar year, or in the case of a vehicle registered pursuant1.32 tounder section 168.017 ,during the registration period there1.33 provided for in that section, areis not operated on a public 1.34 highway shall beis exempt from the provisions of this chapter 1.35 requiring registration, payment of tax, and penalties for tax 2.1 nonpayment thereof, provided thatbut only if the owner of any2.2 suchthe vehicle shallfirst filefiles a verified written 2.3 application with the commissioner of public safetyregistrar, 2.4 correctly describing the vehicle and certifying that it has not 2.5 been and will not beoperated upon a public highway. 2.6 Motor vehicles whose domicile isA motor vehicle domiciled 2.7 in a foreign state and are, legally licensed in that state, and 2.8 owned by a Minnesota resident shall beis exempt from the2.9 provisions ofthis chapter and; except that it is subject to the2.10 provisions ofsection 168.181, subdivision 3 ., provided, that 2.11 this exemption does not conflict with any existing reciprocal 2.12 agreement with the state in which the vehicle is domiciled. 2.13 Sec. 2. Minnesota Statutes 1998, section 168.017, 2.14 subdivision 3, is amended to read: 2.15 Subd. 3. [EXCEPTIONS.] (a) The registrar shall register 2.16 all vehicles subject to registration under the monthly series 2.17 system shall be registered by the registrarfor a period of 12 2.18 consecutive calendar months, except as followsunless: 2.19 (a) if(1) the application is an original rather than 2.20 renewal application; or 2.21 (b) if(2) the applicant is a licensed motor vehicle lessor 2.22 under section 168.27, in which case the applicant may apply for 2.23 original or renewed registration of a vehicle for a period of 2.24 four or more months, the month of expiration to be designated by 2.25 the applicant at the time of registration. However, to qualify 2.26 for this exemption, the applicant must present the application 2.27 to the registrar at St. Paul, or at deputy registrar offices as 2.28 the registrar may designate. 2.29 (b) In any instance except that of a licensed motor vehicle 2.30 lessor, the registrar may registershall not approve registering 2.31 the vehicle which is thesubject ofto the application for a 2.32 period of notless than three nor more than 15 calendarmonths, 2.33 except when the registrar determines that to do sootherwise 2.34 will help to equalize the registration and renewal work load of 2.35 the department. 2.36 Sec. 3. Minnesota Statutes 1998, section 168.09, 3.1 subdivision 6, is amended to read: 3.2 Subd. 6. [SEMITRAILER.] On semitrailersFor a semitrailer, 3.3 as defined in section 168.011, subdivision 14, a number plate 3.4 must be assigned to the registered owner as identification for 3.5 the vehicle and correlate with the certificate of title3.6 documentation on file with the department. This number 3.7 plate shallmust not display a year designator. The 3.8 registration card must indicate the number plate for the number 3.9 plate to be valid. 3.10 Sec. 4. Minnesota Statutes 1998, section 168.1235, 3.11 subdivision 1, is amended to read: 3.12 Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On 3.13 payment of a fee of $10 for each set of two license plates, or3.14 for a single plate in the case of a motorcycle plate,payment of 3.15 the registration tax required by law, and compliance with other 3.16 laws relating to the registration and licensing of a passenger 3.17 automobile, pickup truck, van, or self-propelled recreational 3.18 equipment, or motorcyclevehicle, as applicable, the registrar 3.19 shall issue a special license plate sticker for each plate to an 3.20 applicant who is a member of a congressionally chartered 3.21 veterans service organization and is an owner or joint owner of 3.22 a passenger automobile, pickup truck, van, or self-propelled 3.23 recreational equipment, or motorcyclevehicle. 3.24 (b) The additional fee of $10 is payable at the time of 3.25 initial application for the special license plate stickers and 3.26 when the license plates must be replaced or renewed. An 3.27 applicant must not be issued more than two sets of special 3.28 license plate stickers for vehicles listed in paragraph (a) and 3.29 owned or jointly owned by the applicant. 3.30 (c) The commissioner of veterans affairs shall determine 3.31 what documentation is required by each applicant to show that 3.32 the applicant is a member of a congressionally chartered 3.33 veterans service organization and is entitled to the special 3.34 license plate stickers. 3.35 Sec. 5. Minnesota Statutes 1998, section 168.1235, 3.36 subdivision 4, is amended to read: 4.1 Subd. 4. [PLATES TRANSFER.] Notwithstanding section 168.12 4.2 or other law to the contrary, on payment of a fee of $5, the 4.3 special plate stickers issued under subdivision 1, may be 4.4 transferred to other license plates on a passenger automobile, 4.5 pickup truck, van, motorcycle,or self-propelled recreational 4.6 equipmentvehicle owned or jointly owned by the person to whom 4.7 the stickers were issued. 4.8 Sec. 6. Minnesota Statutes 1998, section 168.1291, is 4.9 amended to read: 4.10 168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 4.11 Subdivision 1. [DEFINITION.] For purposes of this section 4.12 "special license plates" means license plates issued under 4.13 sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; and 4.14 168.129 ; and 168.1292. 4.15 Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The 4.16 commissioner shall design a single special license plate that 4.17 will contain a unique number and a space for a unique symbol. 4.18 The commissioner shall design a unique symbol related to the 4.19 purpose of each special license plate. Any provision of 4.20 sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129 ;4.21 and 168.1292that requires the placement of a specified letter 4.22 or letters on a special license plate applies to those license 4.23 plates only to the extent that the commissioner includes the 4.24 letter or letters in the design. Where a law authorizing a 4.25 special license plate contains a specific requirement for 4.26 graphic design of that license plate, that requirement applies 4.27 to the appropriate unique symbol the commissioner designs. 4.28 Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 4.29 SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 4.30 168.123; or 168.129 ; or 168.1292, beginning with special license 4.31 plates issued in calendar year 1996 the commissioner shall issue 4.32 each class of special license plates permanently marked with 4.33 specific designs under those laws only until the commissioner's 4.34 supply of those license plates is exhausted. Thereafter the 4.35 commissioner shall issue under those laws only the license plate 4.36 authorized under subdivision 2, with the appropriate unique 5.1 symbol attached. 5.2 Subd. 4. [FEES.] Notwithstanding section 168.12, 5.3 subdivisions 2b to 2e; 168.123; or 168.129 ; or 168.1292, the 5.4 commissioner shall charge a fee of $10 for each set of license 5.5 plates issued under this section. 5.6 Subd. 5. [APPLICATION.] This section does not apply to a 5.7 special motorcycle license plate designed by the registrar under 5.8 section 168.123, subdivision 1, clause (2). 5.9 Sec. 7. Minnesota Statutes 1998, section 168.13, is 5.10 amended to read: 5.11 168.13 [PROOF OF OWNERSHIP.] 5.12 (a) The registrar shall not approve noan application and 5.13 shall not issue nonumber plates for any motor vehicle, unless 5.14 and until the title certificate theretoforeissued under chapter 5.15 168A, or registration certificate if not titled, is delivered to 5.16 the registrar , who shall. The registrar must be satisfied from 5.17 the records that all taxes and fees due hereunder shallhave 5.18 been paid ,and that endorsements upon the certificate are in 5.19 writing and have been signed by the seller and purchaser. 5.20 (b) The registrar shall not register and shall not issue 5.21 number plates for a motor vehiclesvehicle brought into 5.22 Minnesota from other states shall not be registered or have5.23 number plates issued thereforanother state until such: 5.24 (1) a registration certificate or other evidence of title 5.25 as may reasonably be required from the registrant within that 5.26 state beis surrendered to the registrar in the same manner as 5.27 certificates of this state ,; or in lieu thereof , such view and5.28 (2) the registrar receives evidence of the chain of 5.29 ownership be hadas will assure the payment of the proper tax so 5.30 long as the motor vehicle shall beis in the state. 5.31 Sec. 8. Minnesota Statutes 1999 Supplement, section 5.32 168.15, subdivision 1, is amended to read: 5.33 Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the 5.34 transfer of ownership, destruction, theft, dismantling as such, 5.35 or thepermanent removal by the owner thereoffrom this state of 5.36 any motor vehicle registered in accordance with the provisions6.1 ofthis chapter, the right of the owner of suchthe vehicle to 6.2 use the registration certificate and number plates assigned such6.3 to the vehicle shall expire, and such certificate and any6.4 existing plates shall be, by such owner, forthwith returned,6.5 with transportation prepaid, to the registrar with a signed6.6 notice of the date and manner of termination of ownership,6.7 giving the name and post office address, with street and number,6.8 if in a city, of the person to whom transferred. No fee may be6.9 charged for a return of plates under this sectionexpires. 6.10 (b) When the ownership of a motor vehicle shall beis 6.11 transferred to another who shall forthwith register the same in6.12 the other's name, the registrar may permit the manual delivery6.13 of such plates to the new owner of such vehicleresident of this 6.14 state, the transferor shall surrender the registration plates, 6.15 unless otherwise provided for in this chapter, and assign the 6.16 registration tax paid to the credit of the transferee. 6.17 (c) When seeking to become the owner by gift, trade, or 6.18 purchase of any vehicle for which a registration certificate has 6.19 been theretoforeissued under the provisions ofthis chapter, a 6.20 person shall join with the registered owner in transmitting with 6.21 the application the registration certificate, with the 6.22 assignment and notice of sale duly executed upon the reverse 6.23 side thereof, or, in case of loss of suchthe certificate, 6.24 with suchproof of loss by sworn statement, in writing, as shall6.25 beand satisfactory to the registrar. Upon the transfer of any 6.26 motor vehicle by a manufacturer or dealer, for use within the 6.27 state, whether by sale, lease, or otherwise, suchthe 6.28 manufacturer or dealer shall, within ten days after suchthe 6.29 transfer, file with the registrar a notice or report containing 6.30 the date of suchtransfer, a description of suchthe motor 6.31 vehiclesvehicle, and the transferee's name, street and number 6.32 of residence, if in a city, and thepost office address of the6.33 transferee, and shall also transmit therewithwith it the 6.34 transferee's application for registration thereof. 6.35 Sec. 9. Minnesota Statutes 1999 Supplement, section 6.36 168.16, is amended to read: 7.1 168.16 [REFUND; APPROPRIATION.] 7.2 After the tax upon any motor vehicle shall havehas been 7.3 paid for any year, refund shallmust be made for errors made in 7.4 computing the tax or fees and for the error on the part of an 7.5 owner who may in error have registered a motor vehicle that was 7.6 not before, nor at the time of registration, nor at any time 7.7 thereafter during the current past year, subject to tax in this 7.8 state as provided by section 168.012. Unless otherwise provided 7.9 in this chapter, a claim for a refund of an overpayment of 7.10 registration tax must be filed within 3-1/2 years from the date 7.11 of payment. The refundment shallrefund must be made from any 7.12 fund in possession of the registrar and shall bededucted from 7.13 the registrar's monthly report to the commissioner of finance. 7.14 A detailed report of the refundment shallrefund must accompany 7.15 the report. The former owner of a transferred vehicle, by an 7.16 assignment in writing endorsed upon the registration certificate 7.17 and delivered to the registrar within the time provided herein7.18 may sell andin this subdivision, shall assign, except for 7.19 vehicles registered under section 168.187, to the new owner 7.20 thereofthe right to have the tax paid by the former owner 7.21 accredited to the owner who duly registers the vehicle. Any 7.22 owner at the time of such occurrence, whose vehicle shall beis 7.23 declared by an insurance company to be a total loss due to flood 7.24 or tornado damage, permanently destroyed, or sold to the federal 7.25 government, the state, or a political subdivision thereofof the 7.26 state, shall upon filing a verified claim be entitled to a 7.27 refund of the unused portion of the tax paid upon the vehicle, 7.28 computed as follows: 7.29 (1) if the vehicle is registered under the calendar year 7.30 system of registration, the refund is computed pro rata by the 7.31 month, 1/12 of the annual tax paid for each month of the year 7.32 remaining after the month in which the plates and certificate 7.33 were returned to the registrar; 7.34 (2) in the case of aif the vehicle is registered under the 7.35 monthly series system of registration, the amount of the refund 7.36 is equal to the sum of the amounts of the license fee 8.1 attributable to those months remaining in the licensing period 8.2 after the month in which the plates and certificate were 8.3 returned to the registrar. 8.4 There is hereby appropriated to the persons entitled to a 8.5 refund, from the fund or account in the state treasury to which 8.6 the money was credited, an amount sufficient to make the refund 8.7 and payment. 8.8 Sec. 10. Minnesota Statutes 1998, section 168.187, 8.9 subdivision 8, is amended to read: 8.10 Subd. 8. [BASE STATE RECIPROCITY.] (1) Any agreement, 8.11 arrangement, or declaration made under the authority of this 8.12 section may contain provisions authorizing the registration or 8.13 licensing in another state of vehicles based in suchthe other 8.14 state, which vehicles otherwise would be required to be 8.15 registered or licensed in this state, except that suchthose 8.16 provisions shall not apply to passenger cars. 8.17 (2) For the purpose of this section, a vehicle shall be8.18 deemed to be based in the state where it is most frequently8.19 dispatched, garaged, serviced, maintained, operated or otherwise8.20 controlled.8.21 (3)For the purpose of this section, the owner of a vehicle 8.22 shall declare the state in which it is based, but the 8.23 commissioner of public safety shall make the final determination 8.24 of the state in which athe vehicle is based shall be made by8.25 the commissioner of public safety of this statefor the purpose 8.26 of determining liability for registration and other fees and 8.27 penalties due this state. To the extent possible,The 8.28 commissioner of public safety shall beis governed, to the 8.29 extent possible, by the criteria specified in this section, and 8.30 agreement with the administrator of any other interested state. 8.31 (4)(3) Any agreement, arrangement, or declaration made 8.32 under this section may grant exemptions, benefits, and 8.33 privileges for vehicles in accordance with theits terms thereof. 8.34 Sec. 11. Minnesota Statutes 1998, section 168.31, 8.35 subdivision 4, is amended to read: 8.36 Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed 9.1 under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 9.2 more than $400, the owner may pay suchthe tax by installments. 9.3 The owner shall tender with the application for registration 9.4 one-third of the annual tax due or $400, whichever is greater, 9.5 plus any penalties or arrears, plus a fee of $10. Instead of 9.6 this fee, the applicant may furnish a bond, bank letter of 9.7 credit, or certificate of deposit approved by the registrar of 9.8 motor vehicles, for the total of the tax still due. The amount 9.9 of the bond, letter of credit, or certificate of deposit may 9.10 include any penalties which areassessed. The bond, letter of 9.11 credit, or certificate of deposit shallmust be for the benefit 9.12 of the state for monetary loss caused by failure of the vehicle 9.13 owner to pay delinquent license fees and penalties. The 9.14 remainder of the tax due shallmust be paid in two equal 9.15 installments; the due date of the first installment shall beis 9.16 the first day of the fifth month of the registration period for 9.17 which the tax is assessed and the second installment shall beis 9.18 due on the first day of the ninth month of the registration 9.19 period for which the tax is assessed. When the applicant elects 9.20 to pay the administrative fee, the registrar shall issue to the 9.21 applicant distinctive validation stickers for the installment9.22 paid. When the applicant elects to furnish a bond, bank letter, 9.23 or letter of deposit, the registrar shall issue regular 9.24 validation stickers for the registration year. If an owner of a 9.25 vehicle fails to pay an installment on or before theits due 9.26 date thereof, the vehicle shallmust not usebe used on the 9.27 public streets or highways in this state until the installment 9.28 or installments of the tax remaining due on suchthe vehicle 9.29 shallhave been paid in full for the licensed year together with 9.30 a penalty at the rate of $1 per day for the remainder of the 9.31 month in which the balance of the tax becomes due and $4 a month 9.32 for each succeeding month or fraction thereofof a month during 9.33 which the balance of the tax remains unpaid. Upon the payment 9.34 of the balance of the tax and the penalties, the registrar shall 9.35 issue a registration certificate to the owner of the vehicle in 9.36 the manner provided by law. The registrar shall deny 10.1 installment payment privileges provided in this subdivision in 10.2 the subsequent year to any owner on any or all vehicles of such10.3 the owner who during the current year fails to pay any 10.4 installment due within one month after the due date. 10.5 Sec. 12. Minnesota Statutes 1998, section 168.33, 10.6 subdivision 7, is amended to read: 10.7 Subd. 7. [FILING FEE.] In addition to all other statutory 10.8 fees and taxes, a filing fee of $3.50 is imposed on every 10.9 application; except that a filing fee may not be charged for a 10.10 document returned for a refund or for a correction of an error 10.11 made by the department or a deputy registrar. The filing fee 10.12 shall be shown as a separate item on all registration renewal 10.13 notices sent out by the department of public safety. No filing 10.14 fee or other fee may be charged for the permanent surrender of a 10.15 certificate of title and license plates for a motor vehicle. 10.16 Filing fees collected under this subdivision by the registrar 10.17 must be paid into the state treasury and credited to the highway 10.18 user tax distribution fund, except fees for registrations of new10.19 motor vehicles. Filing fees collected for registrations of new10.20 motor vehicles in conjunction with a title transfer or first 10.21 application in this state must be paid into the state treasury 10.22 with 50 percent of the money credited to the general fund and 50 10.23 percent credited to the highway user tax distribution fund. 10.24 Sec. 13. Minnesota Statutes 1998, section 168.54, 10.25 subdivision 5, is amended to read: 10.26 Subd. 5. [PROCEEDS TO GENERAL FUND.] The registrar shall 10.27 collect the proceeds of the fee imposed under the provisions of10.28 this section shall be collected by the commissioner of public10.29 safetyand paid intodeposit them in the general fund pursuant 10.30 to section 168A.31. 10.31 Sec. 14. Minnesota Statutes 1998, section 168.54, 10.32 subdivision 6, is amended to read: 10.33 Subd. 6. [BALANCE TO GENERAL FUND.] The unobligated 10.34 balances in excess of $4,000 in saidthe transfer of ownership 10.35 revolving fund as of June 30 of each fiscal year shall be10.36 canceled intocancel to the general fund. 11.1 Sec. 15. Minnesota Statutes 1998, section 168A.03, is 11.2 amended to read: 11.3 168A.03 [EXEMPT VEHICLES.] 11.4 NoThe registrar shall not issue a certificate of 11.5 title need be obtainedfor: 11.6 (1) a vehicle owned by the United States , unless it is11.7 registered in this state; 11.8 (2) a vehicle owned by a manufacturer or dealer and held 11.9 for sale, even though incidentally moved on the highway or used 11.10 pursuant to section 168.27 or 168.28, or a vehicle used by a 11.11 manufacturer solely for testing; 11.12 (3) a vehicle owned by a nonresident and not required by 11.13 law to be registered in this state; 11.14 (4) a vehicle owned by a nonresident and regularly engaged 11.15 in the interstate transportation of persons or property for 11.16 which a currently effective certificate of title has been issued 11.17 in another state; 11.18 (5) a vehicle moved solely by animal power; 11.19 (6) an implement of husbandry; 11.20 (7) special mobile equipment; 11.21 (8) a self-propelled wheelchair or invalid tricycle; 11.22 (9) a trailer (i) having a gross weight of 4,000 pounds or 11.23 less unless a secured party holds an interest in the trailer or 11.24 a certificate of title was previously issued by this state or 11.25 any other state or a trailer(ii) designed primarily for 11.26 agricultural purposes except recreational equipment or a 11.27 manufactured home, both as defined in section 168.011, 11.28 subdivisions 8 and 25; 11.29 (10) a snowmobile. 11.30 Sec. 16. Minnesota Statutes 1998, section 168A.04, 11.31 subdivision 5, is amended to read: 11.32 Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 11.33 Except as provided in subdivision 6, if the application refers 11.34 to a specially constructed vehicle or a reconstructed vehicle, 11.35 the application shall so state and shall contain or be 11.36 accompanied by: 12.1 (1) Any information and documents the department reasonably 12.2 requires to establish the ownership of the vehicle and the 12.3 existence or nonexistence and priority of security interests in 12.4 it; 12.5 (2) The certificate of a person authorized by the 12.6 department that the identifying number of the vehicle has been 12.7 inspected and found to conform to the description given in the 12.8 application, or any other proof of the identity of the vehicle 12.9 the department reasonably requires. 12.10 Sec. 17. Minnesota Statutes 1998, section 168A.04, is 12.11 amended by adding a subdivision to read: 12.12 Subd. 6. [ASSEMBLED MOTORCYCLES.] (a) If the application 12.13 refers to an assembled motorcycle, the application must so state 12.14 and be accompanied by: 12.15 (1) a manufacturer's statement or certificate of origin 12.16 from a recognized motorcycle manufacturer for the frame, 12.17 complete engine or engine cases, provided that if a statement or 12.18 certificate of origin is submitted for engine cases it must also 12.19 be accompanied by copies of original documentation for cylinder 12.20 heads, cylinders, flywheels, and piston and rod assemblies; and 12.21 (2) vendor receipts or copies of the receipts from 12.22 suppliers on the transmission assembly, engine assembly, fork 12.23 assembly, and front and rear wheel assemblies. If the applicant 12.24 is a motorcycle assembler, the applicant must also provide 12.25 copies of original vendor receipts for the assemblies listed in 12.26 this clause. 12.27 (b) An assembled motorcycle for which the documentation 12.28 required under paragraph (a), clauses (1) and (2), has been 12.29 submitted is not subject to the filing requirement of section 12.30 168A.07, subdivision 1, clause (2). 12.31 Sec. 18. Minnesota Statutes 1998, section 168A.06, is 12.32 amended to read: 12.33 168A.06 [DELIVERY OF CERTIFICATE.] 12.34 The certificate of title shallmust be maileddelivered to 12.35 the owner named in it. Secured parties, if any, shallmust be 12.36 mailed notification of their security interest filed. 13.1 Sec. 19. Minnesota Statutes 1998, section 168A.13, is 13.2 amended to read: 13.3 168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF 13.4 REGISTRATION CARD AND PLATES.] 13.5 Subdivision 1. [FEE ACCOMPANIES APPLICATION FOR 13.6 CERTIFICATE.] An application for a certificate of title shall13.7 must be accompanied by the required feefees when mailed or 13.8 delivered to the department. 13.9 Subd. 2. [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED 13.10 PARTY.] An application for the naming of a secured party or the 13.11 party's assignee on a certificate of title shallmust be 13.12 accompanied by the required feefees when mailed or delivered to 13.13 the department. 13.14 Subd. 3. [DELIVERY OF REGISTRATION CARD AND PLATES.] A 13.15 transferor of a vehicle, other than a dealer transferring a new 13.16 vehicle, shall deliver to the transferee at the time of the 13.17 delivery of possession of the vehicle the registration card and 13.18 license plates for the vehicle. 13.19 Sec. 20. Minnesota Statutes 1998, section 168A.14, is 13.20 amended to read: 13.21 168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES 13.22 SURRENDERED.] 13.23 Subdivision 1. [NEW CERTIFICATE AFTER ASSIGNMENT.] The 13.24 department, upon receipt of a properly assigned certificate of 13.25 title, with an application for a new certificate of title, the 13.26 required fees and taxes, and any other documents required by 13.27 law, shall issue a new certificate of title in the name of the 13.28 transferee as owner and list any secured party named on it and 13.29 shallmust be issued a notification that the security interest 13.31 has been filed. 13.32 Subd. 1a. [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.] 13.33 The department, upon receipt of an affidavit as provided in 13.34 section 524.3-1201(a), an application for a new certificate of 13.35 title, and any required fee, shall issue a new certificate of 13.36 title in the name of the successor as owner, listing any secured 14.1 party on it. The department shall If the outstanding certificate of title is not delivered14.11 to it, the department shall make demand therefor from the holder14.12 thereof.14.13 Subd. 3. [SURRENDERED CERTIFICATE.] The department shall 14.14 file and retain for seven years every surrendered certificate of 14.15 title, the file to be maintained so as to permit the tracing of 14.16 title of the vehicle designated therein. 14.17 Sec. 21. Minnesota Statutes 1998, section 168A.31, 14.18 subdivision 1, is amended to read: 14.19 Subdivision 1. [PAID TO GENERAL FUND.] All fees prescribed 14.20 by sections 168A.01 to 168A.31 and 168.54 collected by the 14.21 department shallmust be paid into the general fund. 14.22 Sec. 22. Minnesota Statutes 1998, section 169.122, 14.23 subdivision 1, is amended to read: 14.24 Subdivision 1. [ACT PROHIBITED.] No person shall drink or 14.25 consume intoxicating liquorsan alcoholic beverage, distilled 14.26 spirit, or 3.2 percent malt liquorsliquor in any motor vehicle 14.27 when suchthe vehicle is upon a public highway. 14.28 Sec. 23. Minnesota Statutes 1998, section 169.122, 14.29 subdivision 2, is amended to read: 14.30 Subd. 2. [POSSESSION PROHIBITED.] (a) No person shall have 14.31 in possession while in a private motor vehicle upon a public 14.32 highway, any bottle or receptacle containing intoxicating liquor14.33 an alcoholic beverage, distilled spirit, or 3.2 percent malt 14.34 liquor whichthat has been opened, or the seal broken, or the 14.35 contents of which have been partially removed. 14.36 (b) For purposes of this section, "possession" means either 15.1 that the person had actual possession of the bottle or 15.2 receptacle or that the person consciously exercised dominion and 15.3 control over the bottle or receptacle. This subdivision does 15.4 not apply to a bottle or receptacle that is in the trunk of the 15.5 vehicle if it is equipped with a trunk, or that is in another 15.6 area of the vehicle not normally occupied by the driver and 15.7 passengers if the vehicle is not equipped with a trunk. 15.8 Sec. 24. Minnesota Statutes 1998, section 169.122, 15.9 subdivision 3, is amended to read: 15.10 Subd. 3. [LIABILITY OF NONPRESENT OWNER.] (a) It shall be15.11 is unlawful for the owner of any private motor vehicle or the 15.12 driver, if the owner beis not then present in the motor 15.13 vehicle, to keep or allow to be kept in a motor vehicle 15.14 when suchthe vehicle is upon the public highway any bottle or 15.15 receptacle containing intoxicating liquorsan alcoholic 15.16 beverage, distilled spirit, or 3.2 percent malt liquors which15.17 liquor that has been opened, or the seal broken, or the contents 15.18 of which have been partially removed except when such. 15.19 (b) This subdivision does not apply to a bottle or 15.20 receptacle shall be keptthat is in the trunk of the motor 15.21 vehicle when suchthe vehicle is equipped with a trunk, or kept15.22 that is in some other area of the vehicle not normally occupied 15.23 by the driver or passengers ,if the motor vehicle is not 15.24 equipped with a trunk. 15.25 (c) A utility compartment or glove compartment shall beis 15.26 deemed to be within the area occupied by the driver and 15.27 passengers. 15.28 Sec. 25. Minnesota Statutes 1998, section 169.443, 15.29 subdivision 3, is amended to read: 15.30 Subd. 3. [WHEN SIGNALS NOT USED.] School bus drivers shall 15.31 not activate the prewarning flashing amber signals or flashing 15.32 red signals and shall not use the stop arm signal: 15.33 (1) in special school bus loading areas where the bus is 15.34 entirely off the traveled portion of the roadway and where no 15.35 other motor vehicle traffic is moving or is likely to be moving 15.36 within 20 feet of the bus; 16.1 (2) when directed not to do so, in writing, by the local 16.2 school board; 16.3 (3) when a school bus is being used on a street or highway 16.4 for purposes other than the actual transportation of school 16.5 children to or from school or a school-approved activity, except 16.6 as provided in subdivision 8; 16.7 (4) at railroad grade crossings; and 16.8 (5) when loading and unloading people at designated school 16.9 bus stops where people are not required to cross the street or 16.10 highway, while the bus is completely off the traveled portion of 16.11 a separated, one-wayroadway that has adequate shoulders. The 16.12 driver shall drive the bus completely off the traveled portion 16.13 of this roadway before loading or unloading people. A school 16.14 bus stop is designated under this clause if the transportation 16.15 director of the school district in which the bus stop is 16.16 located, in consultation with the road authority, certifies the 16.17 integrity of the shoulder and the safety of the location for 16.18 loading and unloading people. Each designated school bus stop 16.19 must be documented and approved by the school board. 16.20 Sec. 26. Minnesota Statutes 1998, section 169.68, is 16.21 amended to read: 16.22 169.68 [HORN, SIREN.] 16.23 (a) Every motor vehicle when operated upon a highway shall16.24 must be equipped with a horn in good working order and capable 16.25 of emitting sound audible under normal conditions from a 16.26 distance of not less than 200 feet , but no. However, the horn 16.27 or other warning device shallmust not emit an unreasonably loud 16.28 or harsh sound or a whistle. The driver of a motor vehicle 16.29 shall, when reasonably necessary to insure safe operation, give 16.30 audible warning with the horn, but shall not otherwise use such16.31 the horn when upon a highway. 16.32 No(b) A vehicle shallmust not be equipped with, nor16.33 shall anyand a person shall not use upon a vehicle, any siren, 16.34 whistle, or bell, except as otherwise permitted in this section. 16.35 (c) It is permissible, but not required, thatfor any 16.36 commercial vehicle to be equipped with a theft alarm signal 17.1 device which is, so arranged that it cannot be used by the 17.2 driver as an ordinary warning signal. 17.3 (d) All authorized emergency vehicles shallmust be 17.4 equipped with a siren capable of emitting sound audible under 17.5 normal conditions from a distance of not less than 500 feet and 17.6 of a type approved by the department of public safety, but17.7 suchconforming to the federal certification standards for 17.8 sirens, as determined by the General Services Administration. 17.9 However, the siren shallmust not be used except when suchthe 17.10 vehicle is operated in response to an emergency call or in the 17.11 immediate pursuit of an actual or suspected violator of the law, 17.12 in which latter events the driver of suchthe vehicle shall 17.13 sound the siren when necessary to warn pedestrians and other 17.14 drivers of the vehicle's approach thereof. 17.15 Sec. 27. Minnesota Statutes 1998, section 169.781, 17.16 subdivision 3, is amended to read: 17.17 Subd. 3. [INSPECTOR CERTIFICATION; SUSPENSION AND 17.18 REVOCATION; HEARING.] (a) An inspection required by this section 17.19 may be performed only by: 17.20 (1) an employee of the department of public safety or 17.21 transportation who has been certified by the commissioner after 17.22 having received training provided by the state patrol; or 17.23 (2) another person who has been certified by the 17.24 commissioner after having received training provided by the 17.25 state patrol or other training approved by the commissioner. 17.26 (b) A person who is not an employee of the department of 17.27 public safety or transportation may be certified by the 17.28 commissioner if the person is: (1) an owner, or employee of the 17.29 owner, of one or more commercial motor vehicles that are power 17.30 units; (2) a dealer licensed under section 168.27 and engaged in 17.31 the business of buying and selling commercial motor vehicles, or 17.32 an employee of the dealer; or (3) engaged in the business of 17.33 repairing and servicing commercial motor vehicles. 17.34 Certification of persons described in clauses (1) to (3) is 17.35 effective for two years from the date of certification. The 17.36 commissioner may require biennial retraining of persons holding 18.1 a certificate under this paragraph as a condition of renewal of 18.2 the certificate. The commissioner may charge a fee of not more 18.3 than $10 for each certificate issued and renewed. A certified 18.4 person described in clauses (1) to (3) may charge a reasonable 18.5 fee of not more than $50for each inspection of a vehicle not 18.6 owned by the person or the person's employer. 18.7 (c) Except as otherwise provided in subdivision 5, the 18.8 standards adopted by the commissioner for commercial motor 18.9 vehicle inspections under sections 169.781 to 169.783 shall be 18.10 the standards prescribed in Code of Federal Regulations, title 18.11 49, section 396.17, and in chapter III, subchapter B, appendix G. 18.12 The commissioner may classify types of vehicles for inspection 18.13 purposes and may issue separate classes of inspector 18.14 certificates for each class. 18.15 The commissioner shall issue separate categories of 18.16 inspector certificates based on the following classifications: 18.17 (1) a class of certificate that authorizes the certificate 18.18 holder to inspect commercial motor vehicles without regard to 18.19 ownership or lease; and 18.20 (2) a class of certificate that authorizes the certificate 18.21 holder to inspect only commercial motor vehicles the certificate 18.22 holder owns or leases. 18.23 The commissioner shall issue a certificate described in 18.24 clause (1) only to a person described in paragraph (b), clause 18.25 (2) or (3). 18.26 (d) The commissioner, after notice and an opportunity for a 18.27 hearing, may suspend a certificate issued under paragraph (b) 18.28 for failure to meet annual certification requirements prescribed 18.29 by the commissioner or failure to inspect commercial motor 18.30 vehicles in accordance with inspection procedures established by 18.31 the state patrol. The commissioner shall revoke a certificate 18.32 issued under paragraph (b) if the commissioner determines after 18.33 notice and an opportunity for a hearing that the certified 18.34 person issued an inspection decal for a commercial motor vehicle 18.35 when the person knew or reasonably should have known that the 18.36 vehicle was in such a state of repair that it would have been 19.1 declared out of service if inspected by an employee of the state 19.2 patrol. Suspension and revocation of certificates under this 19.3 subdivision are not subject to sections 14.57 to 14.69. 19.4 Sec. 28. Minnesota Statutes 1998, section 171.20, 19.5 subdivision 4, is amended to read: 19.6 Subd. 4. [REINSTATEMENT FEE.] Before the license is 19.7 reinstated, a person whose driver's license has been suspended 19.8 under section 171.16, subdivision 2; 171.18, except subdivision 19.9 1, clause (10); or 171.182, or who has been disqualified from 19.10 holding a commercial driver's license under section 171.165, 19.11 must pay a fee of $25 until June 30, 1999, and$20 thereafter. 19.12 When fees are collected by a county-operated office of deputy19.13 registrarlicensing agent appointed under section 171.061, a 19.14 handling charge is imposed in the amount specified under section 19.15 168.33171.061, subdivision 74. The handling charge must be19.16 deposited in the treasury of the place for which the deputy19.17 registrar was appointed and thereinstatement fee and surcharge 19.18 must be deposited in an approved state depository as directed 19.19 under section 168.33171.061, subdivision 24. A suspension may 19.20 be rescinded without fee for good cause. 19.21 Sec. 29. Minnesota Statutes 1999 Supplement, section 19.22 171.29, subdivision 2, is amended to read: 19.23 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 19.24 license has been revoked as provided in subdivision 1, except 19.25 under section 169.121 or 169.123, shall pay a $30 fee before the 19.26 driver's license is reinstated. 19.27 (b) A person whose driver's license has been revoked as 19.28 provided in subdivision 1 under section 169.121 or 169.123 shall 19.29 pay a $250 fee plus a $40 surcharge before the driver's license 19.30 is reinstated. The $250 fee is to be credited as follows: 19.31 (1) Twenty percent shallmust be credited to the trunk 19.32 highway fund. 19.33 (2) Fifty-five percent shallmust be credited to the 19.34 general fund. 19.35 (3) Eight percent shallmust be credited to a separate 19.36 account to be known as the bureau of criminal apprehension 20.1 account. Money in this account may be appropriated to the 20.2 commissioner of public safety and the appropriated amount shall20.3 must be apportioned 80 percent for laboratory costs and 20 20.4 percent for carrying out the provisions of section 299C.065. 20.5 (4) Twelve percent shallmust be credited to a separate 20.6 account to be known as the alcohol-impaired driver education 20.7 account. Money in the account is appropriated as follows: 20.8 (i) the first $200,000 in a fiscal year isto the 20.9 commissioner of children, families, and learning for programs 20.10 for elementary and secondary school students .; and 20.11 (ii) the remainder credited in a fiscal year is20.12 appropriatedto the commissioner of transportation to be spent 20.13 as grants to the Minnesota highway safety center at St. Cloud 20.14 State University for programs relating to alcohol and highway 20.15 safety education in elementary and secondary schools. 20.16 (5) Five percent shallmust be credited to a separate 20.17 account to be known as the traumatic brain injury and spinal 20.18 cord injury account. The money in the account is annually 20.19 appropriated to the commissioner of health to be used as 20.20 follows: 35 percent for a contract with a qualified 20.21 community-based organization to provide information, resources, 20.22 and support to assist persons with traumatic brain injury and 20.23 their families to access services, and 65 percent to maintain 20.24 the traumatic brain injury and spinal cord injury registry 20.25 created in section 144.662. For the purposes of this clause, a 20.26 "qualified community-based organization" is a private, 20.27 not-for-profit organization of consumers of traumatic brain 20.28 injury services and their family members. The organization must 20.29 be registered with the United States Internal Revenue Service 20.30 under the provisions ofsection 501(c)(3) as a tax-exempt 20.31 organization and must have as its purposes: 20.32 (i) the promotion of public, family, survivor, and 20.33 professional awareness of the incidence and consequences of 20.34 traumatic brain injury; 20.35 (ii) the provision of a network of support for persons with 20.36 traumatic brain injury, their families, and friends; 21.1 (iii) the development and support of programs and services 21.2 to prevent traumatic brain injury; 21.3 (iv) the establishment of education programs for persons 21.4 with traumatic brain injury; and 21.5 (v) the empowerment of persons with traumatic brain injury 21.6 through participation in its governance. 21.7 No patient's name, identifying information or identifiable 21.8 medical data will be disclosed to the organization without the 21.9 informed voluntary written consent of the patient or patient's 21.10 guardian, or if the patient is a minor, of the parent or 21.11 guardian of the patient. 21.12 (c) The $40 surcharge shallmust be credited to a separate 21.13 account to be known as the remote electronic alcohol monitoring 21.14 program account. The commissioner shall transfer the balance of 21.15 this account to the commissioner of finance on a monthly basis 21.16 for deposit in the general fund. 21.17 (d) When these fees are collected by a county-operated21.18 office of deputy registrarlicensing agent, appointed under 21.19 section 171.061, a handling charge is imposed in the amount 21.20 specified under section 168.33171.061, subdivision 74. The 21.21 handling charge must be deposited in the treasury of the place21.22 for which the deputy registrar was appointed and the21.23 reinstatement fees and surcharge must be deposited in an 21.24 approved state depository as directed under section 168.3321.25 171.061, subdivision 24. 21.26 Sec. 30. Minnesota Statutes 1998, section 325E.15, is 21.27 amended to read: 21.28 325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.] 21.29 No person shall transfer a motor vehicle without disclosing 21.30 in writing to the transferee the true mileage registered on the 21.31 odometer reading or that the actual mileage is unknown if the 21.32 odometer reading is known by the transferor to be different from 21.33 the true mileage. The registrar of motor vehicles shall adopt,21.34 pursuant to the Administrative Procedure Act, rules not21.35 inconsistent with sections 325E.13 to 325E.16 orregulations 21.36 contained in Code of Federal Regulations, title 49, sections 22.1 580.1 to 580.17, as amended through October 1, 1998, 22.2 implementing Title IV of the Federal Motor Vehicle Information 22.3 and Cost Savings Act or any rules promulgated thereunder22.4 prescribingprescribe the manner in which suchwritten 22.5 disclosure shallmust be made in this state and are adopted by 22.6 reference. No transferor shall violate any rulesregulations 22.7 adopted under this section or knowingly give a false statement 22.8 to a transferee in making any disclosure required by such rules22.9 the regulations. 22.10 Sec. 31. Laws 1995, chapter 264, article 2, section 44, as 22.11 amended by Laws 1996, chapter 471, article 2, section 27, and 22.12 Laws 1998, chapter 389, article 8, section 33, is amended to 22.13 read: 22.14 Sec. 44. [EFFECTIVE DATE.] 22.15 Section 1 is effective the day following final enactment. 22.16 Sections 3 and 4 are effective June 1, 1995. Section 4 is22.17 repealed June 1, 2000.22.18 Sections 5 to 21 and 43, paragraph (a), are effective July 22.19 1, 1995. 22.20 Sections 23, 28, 33, 40, 42, and the part of section 22 22.21 amending language in paragraph (i), clause (vii), are effective 22.22 the day following final enactment. 22.23 Sections 24 and 34 are effective for sales made after 22.24 December 31, 1996. 22.25 Section 25 is effective beginning with leases or rentals 22.26 made after June 30, 1995. 22.27 Section 26 is effective retroactively for sales after May 22.28 31, 1992. 22.29 Section 27 is effective for sales made after June 30, 1995. 22.30 Section 29 and the part of section 22 striking the language 22.31 after paragraph (h) are effective for sales after June 30, 1995. 22.32 Section 32 is effective for sales made after June 30, 1995, 22.33 and before July 1, 1999. 22.34 Sections 35 and 36 are effective for sales or transfers 22.35 made after June 30, 1995. 22.36 Section 38 is effective the day after the governing body of 23.1 the city of Winona complies with Minnesota Statutes, section 23.2 645.021, subdivision 3. 23.3 Section 39 is effective upon compliance by the Minneapolis 23.4 city council with Minnesota Statutes, section 645.021, 23.5 subdivision 3. 23.6 Section 43, paragraph (b), is effective for sales of 900 23.7 information services made after June 30, 1995. 23.8 Sec. 32. [REPEALER.] 23.9 Minnesota Statutes 1998, section 168.1292, is repealed. 23.10 Sec. 33. [EFFECTIVE DATE.] 23.11 Sections 22 to 24 are effective the day following final 23.12 enactment, for offenses committed after final enactment. 23.13 Sections 16, 17, 27, and 31 are effective the day following 23.14 final enactment.