SF 3023

2nd 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            extending allowable length of recreational vehicle 
  1.12            combinations; modifying fee provisions; making 
  1.13            technical and clarifying changes; amending Minnesota 
  1.14            Statutes 1998, sections 168.012, subdivision 7; 
  1.15            168.017, subdivision 3; 168.09, subdivision 6; 
  1.16            168.1235, subdivisions 1 and 4; 168.1291; 168.13; 
  1.17            168.187, subdivision 8; 168.31, subdivision 4; 168.33, 
  1.18            subdivision 7; 168.54, subdivisions 5 and 6; 168A.03; 
  1.19            168A.06; 168A.13; 168A.14; 168A.31, subdivision 1; 
  1.20            169.122, subdivisions 1, 2, and 3; 169.443, 
  1.21            subdivision 3; 169.68; 169.781, subdivision 3; 169.81, 
  1.22            subdivision 3c; 171.20, subdivision 4; and 325E.15; 
  1.23            Minnesota Statutes 1999 Supplement, sections 168.15, 
  1.24            subdivision 1; 168.16; and 171.29, subdivision 2; Laws 
  1.25            1995, chapter 264, article 2, section 44, as amended; 
  1.26            repealing Minnesota Statutes 1998, section 168.1292. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  Minnesota Statutes 1998, section 168.012, 
  1.29  subdivision 7, is amended to read: 
  1.30     Subd. 7.  [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.] 
  1.31  The owner of a motor vehicles which vehicle that during any 
  1.32  calendar year, or in the case of a vehicle registered pursuant 
  1.33  to under section 168.017, during the registration period there 
  1.34  provided for in that section, are is not operated on a public 
  1.35  highway shall be is exempt from the provisions of this chapter 
  1.36  requiring registration, payment of tax, and penalties for tax 
  2.1   nonpayment thereof, provided that but only if the owner of any 
  2.2   such the vehicle shall first file files a verified written 
  2.3   application with the commissioner of public safety registrar, 
  2.4   correctly describing the vehicle and certifying that it has not 
  2.5   been and will not be operated upon a public highway. 
  2.6      Motor vehicles whose domicile is A 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 be is exempt from the 
  2.9   provisions of this chapter and; except that it is subject to the 
  2.10  provisions of section 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 registrar for a period of 12 
  2.18  consecutive calendar months, except as follows unless: 
  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 register shall not approve registering 
  2.31  the vehicle which is the subject of to the application for a 
  2.32  period of not less than three nor more than 15 calendar months, 
  2.33  except when the registrar determines that to do so otherwise 
  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 semitrailers For 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 title 
  3.6   documentation on file with the department.  This number 
  3.7   plate shall must 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, or 
  3.14  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 motorcycle vehicle, 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 motorcycle vehicle. 
  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   equipment vehicle 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 168.1292 that 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 no an application and 
  5.13  shall not issue no number plates for any motor vehicle, unless 
  5.14  and until the title certificate theretofore issued 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 shall have 
  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 vehicles vehicle brought into 
  5.22  Minnesota from other states shall not be registered or have 
  5.23  number plates issued therefor another 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 be is surrendered to the registrar in the same manner as 
  5.27  certificates of this state,; or in lieu thereof, such view and 
  5.28     (2) the registrar receives evidence of the chain of 
  5.29  ownership be had as will assure the payment of the proper tax so 
  5.30  long as the motor vehicle shall be is 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 the permanent removal by the owner thereof from this state of 
  5.36  any motor vehicle registered in accordance with the provisions 
  6.1   of this chapter, the right of the owner of such the vehicle to 
  6.2   use the registration certificate and number plates assigned such 
  6.3   to the vehicle shall expire, and such certificate and any 
  6.4   existing plates shall be, by such owner, forthwith returned, 
  6.5   with transportation prepaid, to the registrar with a signed 
  6.6   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 be 
  6.9   charged for a return of plates under this section expires.  
  6.10     (b) When the ownership of a motor vehicle shall be is 
  6.11  transferred to another who shall forthwith register the same in 
  6.12  the other's name, the registrar may permit the manual delivery 
  6.13  of such plates to the new owner of such vehicle resident 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 theretofore issued under the provisions of this 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 such the certificate, 
  6.24  with such proof of loss by sworn statement, in writing, as shall 
  6.25  be and 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, such the 
  6.28  manufacturer or dealer shall, within ten days after such the 
  6.29  transfer, file with the registrar a notice or report containing 
  6.30  the date of such transfer, a description of such the motor 
  6.31  vehicles vehicle, and the transferee's name, street and number 
  6.32  of residence, if in a city, and the post office address of the 
  6.33  transferee, and shall also transmit therewith with 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 have has been 
  7.3   paid for any year, refund shall must 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 shall refund must be made from any 
  7.12  fund in possession of the registrar and shall be deducted from 
  7.13  the registrar's monthly report to the commissioner of finance.  
  7.14  A detailed report of the refundment shall refund 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 herein 
  7.18  may sell and in this subdivision, shall assign, except for 
  7.19  vehicles registered under section 168.187, to the new owner 
  7.20  thereof the 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 be is 
  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 thereof of 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 a if 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 such the other 
  8.14  state, which vehicles otherwise would be required to be 
  8.15  registered or licensed in this state, except that such those 
  8.16  provisions shall not apply to passenger cars. 
  8.17     (2) For the purpose of this section, a vehicle shall be 
  8.18  deemed to be based in the state where it is most frequently 
  8.19  dispatched, garaged, serviced, maintained, operated or otherwise 
  8.20  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 a the vehicle is based shall be made by 
  8.25  the commissioner of public safety of this state for 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 be is 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 the its 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 such the 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 are assessed.  The bond, letter of 
  9.11  credit, or certificate of deposit shall must 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 shall must be paid in two equal 
  9.15  installments; the due date of the first installment shall be is 
  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 be is 
  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 installment 
  9.22  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 the its due 
  9.26  date thereof, the vehicle shall must not use be 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 such the vehicle 
  9.29  shall have 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 thereof of 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 such 
 10.3   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 new 
 10.19  motor vehicles.  Filing fees collected for registrations of new 
 10.20  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 of 
 10.28  this section shall be collected by the commissioner of public 
 10.29  safety and paid into deposit 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 said the transfer of ownership 
 10.35  revolving fund as of June 30 of each fiscal year shall be 
 10.36  canceled into cancel 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      No The registrar shall not issue a certificate of 
 11.5   title need be obtained for: 
 11.6      (1) a vehicle owned by the United States, unless it is 
 11.7   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.06, is 
 11.31  amended to read: 
 11.32     168A.06 [DELIVERY OF CERTIFICATE.] 
 11.33     The certificate of title shall must be mailed delivered to 
 11.34  the owner named in it.  Secured parties, if any, shall must be 
 11.35  mailed notification of their security interest filed. 
 11.36     Sec. 17.  Minnesota Statutes 1998, section 168A.13, is 
 12.1   amended to read: 
 12.2      168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF 
 12.3   REGISTRATION CARD AND PLATES.] 
 12.4      Subdivision 1.  [FEE ACCOMPANIES APPLICATION FOR 
 12.5   CERTIFICATE.] An application for a certificate of title shall 
 12.6   must be accompanied by the required fee fees when mailed or 
 12.7   delivered to the department.  
 12.8      Subd. 2.  [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED 
 12.9   PARTY.] An application for the naming of a secured party or the 
 12.10  party's assignee on a certificate of title shall must be 
 12.11  accompanied by the required fee fees when mailed or delivered to 
 12.12  the department.  
 12.13     Subd. 3.  [DELIVERY OF REGISTRATION CARD AND PLATES.] A 
 12.14  transferor of a vehicle, other than a dealer transferring a new 
 12.15  vehicle, shall deliver to the transferee at the time of the 
 12.16  delivery of possession of the vehicle the registration card and 
 12.17  license plates for the vehicle.  
 12.18     Sec. 18.  Minnesota Statutes 1998, section 168A.14, is 
 12.19  amended to read: 
 12.20     168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES 
 12.21  SURRENDERED.] 
 12.22     Subdivision 1.  [NEW CERTIFICATE AFTER ASSIGNMENT.] The 
 12.23  department, upon receipt of a properly assigned certificate of 
 12.24  title, with an application for a new certificate of title, the 
 12.25  required fees and taxes, and any other documents required by 
 12.26  law, shall issue a new certificate of title in the name of the 
 12.27  transferee as owner and list any secured party named on it and 
 12.28  mail deliver it to the owner.  The secured party or parties 
 12.29  shall must be issued a notification that the security interest 
 12.30  has been filed. 
 12.31     Subd. 1a.  [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.] 
 12.32  The department, upon receipt of an affidavit as provided in 
 12.33  section 524.3-1201(a), an application for a new certificate of 
 12.34  title, and any required fee, shall issue a new certificate of 
 12.35  title in the name of the successor as owner, listing any secured 
 12.36  party on it.  The department shall mail deliver the certificate 
 13.1   to the successor and shall issue any secured party a 
 13.2   notification that the security interest has been filed. 
 13.3      Subd. 2.  [NEW CERTIFICATE AFTER NONVOLUNTARY TRANSFER.] 
 13.4   The department, upon receipt of an application for a new 
 13.5   certificate of title by a transferee other than by voluntary 
 13.6   transfer, with proof of the transfer, the required fees and 
 13.7   taxes, and any other documents required by law, shall issue a 
 13.8   new certificate of title in the name of the transferee as 
 13.9   owner.  If the outstanding certificate of title is not delivered 
 13.10  to it, the department shall make demand therefor from the holder 
 13.11  thereof.  
 13.12     Subd. 3.  [SURRENDERED CERTIFICATE.] The department shall 
 13.13  file and retain for seven years every surrendered certificate of 
 13.14  title, the file to be maintained so as to permit the tracing of 
 13.15  title of the vehicle designated therein.  
 13.16     Sec. 19.  Minnesota Statutes 1998, section 168A.31, 
 13.17  subdivision 1, is amended to read: 
 13.18     Subdivision 1.  [PAID TO GENERAL FUND.] All fees prescribed 
 13.19  by sections 168A.01 to 168A.31 and 168.54 collected by the 
 13.20  department shall must be paid into the general fund.  
 13.21     Sec. 20.  Minnesota Statutes 1998, section 169.122, 
 13.22  subdivision 1, is amended to read: 
 13.23     Subdivision 1.  [ACT PROHIBITED.] No person shall drink or 
 13.24  consume intoxicating liquors an alcoholic beverage, distilled 
 13.25  spirit, or 3.2 percent malt liquors liquor in any motor vehicle 
 13.26  when such the vehicle is upon a public highway.  
 13.27     Sec. 21.  Minnesota Statutes 1998, section 169.122, 
 13.28  subdivision 2, is amended to read: 
 13.29     Subd. 2.  [POSSESSION PROHIBITED.] (a) No person shall have 
 13.30  in possession while in a private motor vehicle upon a public 
 13.31  highway, any bottle or receptacle containing intoxicating liquor 
 13.32  an alcoholic beverage, distilled spirit, or 3.2 percent malt 
 13.33  liquor which that has been opened, or the seal broken, or the 
 13.34  contents of which have been partially removed.  
 13.35     (b) For purposes of this section, "possession" means either 
 13.36  that the person had actual possession of the bottle or 
 14.1   receptacle or that the person consciously exercised dominion and 
 14.2   control over the bottle or receptacle.  This subdivision does 
 14.3   not apply to a bottle or receptacle that is in the trunk of the 
 14.4   vehicle if it is equipped with a trunk, or that is in another 
 14.5   area of the vehicle not normally occupied by the driver and 
 14.6   passengers if the vehicle is not equipped with a trunk. 
 14.7      Sec. 22.  Minnesota Statutes 1998, section 169.122, 
 14.8   subdivision 3, is amended to read: 
 14.9      Subd. 3.  [LIABILITY OF NONPRESENT OWNER.] (a) It shall be 
 14.10  is unlawful for the owner of any private motor vehicle or the 
 14.11  driver, if the owner be is not then present in the motor 
 14.12  vehicle, to keep or allow to be kept in a motor vehicle 
 14.13  when such the vehicle is upon the public highway any bottle or 
 14.14  receptacle containing intoxicating liquors an alcoholic 
 14.15  beverage, distilled spirit, or 3.2 percent malt liquors which 
 14.16  liquor that has been opened, or the seal broken, or the contents 
 14.17  of which have been partially removed except when such.  
 14.18     (b) This subdivision does not apply to a bottle or 
 14.19  receptacle shall be kept that is in the trunk of the motor 
 14.20  vehicle when such the vehicle is equipped with a trunk, or kept 
 14.21  that is in some other area of the vehicle not normally occupied 
 14.22  by the driver or passengers, if the motor vehicle is not 
 14.23  equipped with a trunk.  
 14.24     (c) A utility compartment or glove compartment shall be is 
 14.25  deemed to be within the area occupied by the driver and 
 14.26  passengers. 
 14.27     Sec. 23.  Minnesota Statutes 1998, section 169.443, 
 14.28  subdivision 3, is amended to read: 
 14.29     Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
 14.30  not activate the prewarning flashing amber signals or flashing 
 14.31  red signals and shall not use the stop arm signal: 
 14.32     (1) in special school bus loading areas where the bus is 
 14.33  entirely off the traveled portion of the roadway and where no 
 14.34  other motor vehicle traffic is moving or is likely to be moving 
 14.35  within 20 feet of the bus; 
 14.36     (2) when directed not to do so, in writing, by the local 
 15.1   school board; 
 15.2      (3) when a school bus is being used on a street or highway 
 15.3   for purposes other than the actual transportation of school 
 15.4   children to or from school or a school-approved activity, except 
 15.5   as provided in subdivision 8; 
 15.6      (4) at railroad grade crossings; and 
 15.7      (5) when loading and unloading people school children at 
 15.8   designated school bus stops where school children are not 
 15.9   required to cross the street or highway, while the bus is 
 15.10  completely off the traveled portion of a separated, one-way 
 15.11  roadway that has adequate shoulders.  The driver shall drive the 
 15.12  bus completely off the traveled portion of this roadway before 
 15.13  loading or unloading people school children.  A school bus stop 
 15.14  is designated under this clause if the transportation director 
 15.15  of the school district in which the bus stop is located, in 
 15.16  consultation with the road authority, certifies the integrity of 
 15.17  the shoulder and the safety of the location for loading and 
 15.18  unloading school children.  Each designated school bus stop must 
 15.19  be documented and approved by the school board. 
 15.20     Sec. 24.  Minnesota Statutes 1998, section 169.68, is 
 15.21  amended to read: 
 15.22     169.68 [HORN, SIREN.] 
 15.23     (a) Every motor vehicle when operated upon a highway shall 
 15.24  must be equipped with a horn in good working order and capable 
 15.25  of emitting sound audible under normal conditions from a 
 15.26  distance of not less than 200 feet, but no.  However, the horn 
 15.27  or other warning device shall must not emit an unreasonably loud 
 15.28  or harsh sound or a whistle.  The driver of a motor vehicle 
 15.29  shall, when reasonably necessary to insure safe operation, give 
 15.30  audible warning with the horn, but shall not otherwise use such 
 15.31  the horn when upon a highway. 
 15.32     No (b) A vehicle shall must not be equipped with, nor 
 15.33  shall any and a person shall not use upon a vehicle, any siren, 
 15.34  whistle, or bell, except as otherwise permitted in this section. 
 15.35     (c) It is permissible, but not required, that for any 
 15.36  commercial vehicle to be equipped with a theft alarm signal 
 16.1   device which is, so arranged that it cannot be used by the 
 16.2   driver as an ordinary warning signal.  
 16.3      (d) All authorized emergency vehicles shall must be 
 16.4   equipped with a siren capable of emitting sound audible under 
 16.5   normal conditions from a distance of not less than 500 feet and 
 16.6   of a type approved by the department of public safety, but 
 16.7   such conforming to the federal certification standards for 
 16.8   sirens, as determined by the General Services Administration.  
 16.9   However, the siren shall must not be used except when such the 
 16.10  vehicle is operated in response to an emergency call or in the 
 16.11  immediate pursuit of an actual or suspected violator of the law, 
 16.12  in which latter events the driver of such the vehicle shall 
 16.13  sound the siren when necessary to warn pedestrians and other 
 16.14  drivers of the vehicle's approach thereof. 
 16.15     Sec. 25.  Minnesota Statutes 1998, section 169.781, 
 16.16  subdivision 3, is amended to read: 
 16.17     Subd. 3.  [INSPECTOR CERTIFICATION; SUSPENSION AND 
 16.18  REVOCATION; HEARING.] (a) An inspection required by this section 
 16.19  may be performed only by: 
 16.20     (1) an employee of the department of public safety or 
 16.21  transportation who has been certified by the commissioner after 
 16.22  having received training provided by the state patrol; or 
 16.23     (2) another person who has been certified by the 
 16.24  commissioner after having received training provided by the 
 16.25  state patrol or other training approved by the commissioner. 
 16.26     (b) A person who is not an employee of the department of 
 16.27  public safety or transportation may be certified by the 
 16.28  commissioner if the person is:  (1) an owner, or employee of the 
 16.29  owner, of one or more commercial motor vehicles that are power 
 16.30  units; (2) a dealer licensed under section 168.27 and engaged in 
 16.31  the business of buying and selling commercial motor vehicles, or 
 16.32  an employee of the dealer; or (3) engaged in the business of 
 16.33  repairing and servicing commercial motor vehicles.  
 16.34  Certification of persons described in clauses (1) to (3) is 
 16.35  effective for two years from the date of certification.  The 
 16.36  commissioner may require biennial retraining of persons holding 
 17.1   a certificate under this paragraph as a condition of renewal of 
 17.2   the certificate.  The commissioner may charge a fee of not more 
 17.3   than $10 for each certificate issued and renewed.  A certified 
 17.4   person described in clauses (1) to (3) may charge a fee of not 
 17.5   more than $50 for each inspection of a vehicle not owned by the 
 17.6   person or the person's employer. 
 17.7      (c) Except as otherwise provided in subdivision 5, the 
 17.8   standards adopted by the commissioner for commercial motor 
 17.9   vehicle inspections under sections 169.781 to 169.783 shall be 
 17.10  the standards prescribed in Code of Federal Regulations, title 
 17.11  49, section 396.17, and in chapter III, subchapter B, appendix G.
 17.12  The commissioner may classify types of vehicles for inspection 
 17.13  purposes and may issue separate classes of inspector 
 17.14  certificates for each class. 
 17.15     The commissioner shall issue separate categories of 
 17.16  inspector certificates based on the following classifications: 
 17.17     (1) a class of certificate that authorizes the certificate 
 17.18  holder to inspect commercial motor vehicles without regard to 
 17.19  ownership or lease; and 
 17.20     (2) a class of certificate that authorizes the certificate 
 17.21  holder to inspect only commercial motor vehicles the certificate 
 17.22  holder owns or leases. 
 17.23     The commissioner shall issue a certificate described in 
 17.24  clause (1) only to a person described in paragraph (b), clause 
 17.25  (2) or (3). 
 17.26     (d) The commissioner, after notice and an opportunity for a 
 17.27  hearing, may suspend a certificate issued under paragraph (b) 
 17.28  for failure to meet annual certification requirements prescribed 
 17.29  by the commissioner or failure to inspect commercial motor 
 17.30  vehicles in accordance with inspection procedures established by 
 17.31  the state patrol.  The commissioner shall revoke a certificate 
 17.32  issued under paragraph (b) if the commissioner determines after 
 17.33  notice and an opportunity for a hearing that the certified 
 17.34  person issued an inspection decal for a commercial motor vehicle 
 17.35  when the person knew or reasonably should have known that the 
 17.36  vehicle was in such a state of repair that it would have been 
 18.1   declared out of service if inspected by an employee of the state 
 18.2   patrol.  Suspension and revocation of certificates under this 
 18.3   subdivision are not subject to sections 14.57 to 14.69. 
 18.4      Sec. 26.  Minnesota Statutes 1998, section 169.81, 
 18.5   subdivision 3c, is amended to read: 
 18.6      Subd. 3c.  [RECREATIONAL VEHICLE COMBINATION.] 
 18.7   Notwithstanding subdivision 3, a recreational vehicle 
 18.8   combination may be operated without a permit if: 
 18.9      (1) the combination does not consist of more than three 
 18.10  vehicles, and the towing rating of the pickup truck is equal to 
 18.11  or greater than the total weight of all vehicles being towed; 
 18.12     (2) the combination does not exceed 60 65 feet in length; 
 18.13     (3) the camper-semitrailer in the combination does not 
 18.14  exceed 28 feet in length; 
 18.15     (4) the operator of the combination is at least 18 years of 
 18.16  age; 
 18.17     (5) the trailer carrying a watercraft, motorcycle, 
 18.18  motorized bicycle, off-highway motorcycle, snowmobile, or 
 18.19  all-terrain vehicle meets all requirements of law; 
 18.20     (6) the trailers in the combination are connected to the 
 18.21  pickup truck and each other in conformity with section 169.82; 
 18.22  and 
 18.23     (7) the combination is not operated within the seven-county 
 18.24  metropolitan area, as defined in section 473.121, subdivision 2, 
 18.25  during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 
 18.26  p.m. on Mondays through Fridays. 
 18.27     Sec. 27.  Minnesota Statutes 1998, section 171.20, 
 18.28  subdivision 4, is amended to read: 
 18.29     Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
 18.30  reinstated, a person whose driver's license has been suspended 
 18.31  under section 171.16, subdivision 2; 171.18, except subdivision 
 18.32  1, clause (10); or 171.182, or who has been disqualified from 
 18.33  holding a commercial driver's license under section 171.165, 
 18.34  must pay a fee of $25 until June 30, 1999, and $20 thereafter.  
 18.35  When fees are collected by a county-operated office of deputy 
 18.36  registrar licensing agent appointed under section 171.061, a 
 19.1   handling charge is imposed in the amount specified under section 
 19.2   168.33 171.061, subdivision 7 4.  The handling charge must be 
 19.3   deposited in the treasury of the place for which the deputy 
 19.4   registrar was appointed and the reinstatement fee and surcharge 
 19.5   must be deposited in an approved state depository as directed 
 19.6   under section 168.33 171.061, subdivision 2 4.  A suspension may 
 19.7   be rescinded without fee for good cause. 
 19.8      Sec. 28.  Minnesota Statutes 1999 Supplement, section 
 19.9   171.29, subdivision 2, is amended to read: 
 19.10     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 19.11  license has been revoked as provided in subdivision 1, except 
 19.12  under section 169.121 or 169.123, shall pay a $30 fee before the 
 19.13  driver's license is reinstated. 
 19.14     (b) A person whose driver's license has been revoked as 
 19.15  provided in subdivision 1 under section 169.121 or 169.123 shall 
 19.16  pay a $250 fee plus a $40 surcharge before the driver's license 
 19.17  is reinstated.  The $250 fee is to be credited as follows: 
 19.18     (1) Twenty percent shall must be credited to the trunk 
 19.19  highway fund. 
 19.20     (2) Fifty-five percent shall must be credited to the 
 19.21  general fund. 
 19.22     (3) Eight percent shall must be credited to a separate 
 19.23  account to be known as the bureau of criminal apprehension 
 19.24  account.  Money in this account may be appropriated to the 
 19.25  commissioner of public safety and the appropriated amount shall 
 19.26  must be apportioned 80 percent for laboratory costs and 20 
 19.27  percent for carrying out the provisions of section 299C.065. 
 19.28     (4) Twelve percent shall must be credited to a separate 
 19.29  account to be known as the alcohol-impaired driver education 
 19.30  account.  Money in the account is appropriated as follows: 
 19.31     (i) the first $200,000 in a fiscal year is to the 
 19.32  commissioner of children, families, and learning for programs 
 19.33  for elementary and secondary school students.; and 
 19.34     (ii) the remainder credited in a fiscal year is 
 19.35  appropriated to the commissioner of transportation to be spent 
 19.36  as grants to the Minnesota highway safety center at St. Cloud 
 20.1   State University for programs relating to alcohol and highway 
 20.2   safety education in elementary and secondary schools. 
 20.3      (5) Five percent shall must be credited to a separate 
 20.4   account to be known as the traumatic brain injury and spinal 
 20.5   cord injury account.  The money in the account is annually 
 20.6   appropriated to the commissioner of health to be used as 
 20.7   follows:  35 percent for a contract with a qualified 
 20.8   community-based organization to provide information, resources, 
 20.9   and support to assist persons with traumatic brain injury and 
 20.10  their families to access services, and 65 percent to maintain 
 20.11  the traumatic brain injury and spinal cord injury registry 
 20.12  created in section 144.662.  For the purposes of this clause, a 
 20.13  "qualified community-based organization" is a private, 
 20.14  not-for-profit organization of consumers of traumatic brain 
 20.15  injury services and their family members.  The organization must 
 20.16  be registered with the United States Internal Revenue Service 
 20.17  under the provisions of section 501(c)(3) as a tax-exempt 
 20.18  organization and must have as its purposes:  
 20.19     (i) the promotion of public, family, survivor, and 
 20.20  professional awareness of the incidence and consequences of 
 20.21  traumatic brain injury; 
 20.22     (ii) the provision of a network of support for persons with 
 20.23  traumatic brain injury, their families, and friends; 
 20.24     (iii) the development and support of programs and services 
 20.25  to prevent traumatic brain injury; 
 20.26     (iv) the establishment of education programs for persons 
 20.27  with traumatic brain injury; and 
 20.28     (v) the empowerment of persons with traumatic brain injury 
 20.29  through participation in its governance. 
 20.30     No patient's name, identifying information or identifiable 
 20.31  medical data will be disclosed to the organization without the 
 20.32  informed voluntary written consent of the patient or patient's 
 20.33  guardian, or if the patient is a minor, of the parent or 
 20.34  guardian of the patient. 
 20.35     (c) The $40 surcharge shall must be credited to a separate 
 20.36  account to be known as the remote electronic alcohol monitoring 
 21.1   program account.  The commissioner shall transfer the balance of 
 21.2   this account to the commissioner of finance on a monthly basis 
 21.3   for deposit in the general fund. 
 21.4      (d) When these fees are collected by a county-operated 
 21.5   office of deputy registrar licensing agent, appointed under 
 21.6   section 171.061, a handling charge is imposed in the amount 
 21.7   specified under section 168.33 171.061, subdivision 7 4.  The 
 21.8   handling charge must be deposited in the treasury of the place 
 21.9   for which the deputy registrar was appointed and the 
 21.10  reinstatement fees and surcharge must be deposited in an 
 21.11  approved state depository as directed under section 168.33 
 21.12  171.061, subdivision 2 4. 
 21.13     Sec. 29.  Minnesota Statutes 1998, section 325E.15, is 
 21.14  amended to read: 
 21.15     325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.] 
 21.16     No person shall transfer a motor vehicle without disclosing 
 21.17  in writing to the transferee the true mileage registered on the 
 21.18  odometer reading or that the actual mileage is unknown if the 
 21.19  odometer reading is known by the transferor to be different from 
 21.20  the true mileage.  The registrar of motor vehicles shall adopt, 
 21.21  pursuant to the Administrative Procedure Act, rules not 
 21.22  inconsistent with sections 325E.13 to 325E.16 or regulations 
 21.23  contained in Code of Federal Regulations, title 49, sections 
 21.24  580.1 to 580.17, as amended through October 1, 1998, 
 21.25  implementing Title IV of the Federal Motor Vehicle Information 
 21.26  and Cost Savings Act or any rules promulgated thereunder 
 21.27  prescribing prescribe the manner in which such written 
 21.28  disclosure shall must be made in this state and are adopted by 
 21.29  reference.  No transferor shall violate any rules regulations 
 21.30  adopted under this section or knowingly give a false statement 
 21.31  to a transferee in making any disclosure required by such rules 
 21.32  the regulations. 
 21.33     Sec. 30.  Laws 1995, chapter 264, article 2, section 44, as 
 21.34  amended by Laws 1996, chapter 471, article 2, section 27, and 
 21.35  Laws 1998, chapter 389, article 8, section 33, is amended to 
 21.36  read: 
 22.1      Sec. 44.  [EFFECTIVE DATE.] 
 22.2      Section 1 is effective the day following final enactment. 
 22.3      Sections 3 and 4 are effective June 1, 1995.  Section 4 is 
 22.4   repealed June 1, 2000. 
 22.5      Sections 5 to 21 and 43, paragraph (a), are effective July 
 22.6   1, 1995. 
 22.7      Sections 23, 28, 33, 40, 42, and the part of section 22 
 22.8   amending language in paragraph (i), clause (vii), are effective 
 22.9   the day following final enactment. 
 22.10     Sections 24 and 34 are effective for sales made after 
 22.11  December 31, 1996. 
 22.12     Section 25 is effective beginning with leases or rentals 
 22.13  made after June 30, 1995. 
 22.14     Section 26 is effective retroactively for sales after May 
 22.15  31, 1992. 
 22.16     Section 27 is effective for sales made after June 30, 1995. 
 22.17     Section 29 and the part of section 22 striking the language 
 22.18  after paragraph (h) are effective for sales after June 30, 1995. 
 22.19     Section 32 is effective for sales made after June 30, 1995, 
 22.20  and before July 1, 1999. 
 22.21     Sections 35 and 36 are effective for sales or transfers 
 22.22  made after June 30, 1995. 
 22.23     Section 38 is effective the day after the governing body of 
 22.24  the city of Winona complies with Minnesota Statutes, section 
 22.25  645.021, subdivision 3. 
 22.26     Section 39 is effective upon compliance by the Minneapolis 
 22.27  city council with Minnesota Statutes, section 645.021, 
 22.28  subdivision 3. 
 22.29     Section 43, paragraph (b), is effective for sales of 900 
 22.30  information services made after June 30, 1995. 
 22.31     Sec. 31.  [REPEALER.] 
 22.32     Minnesota Statutes 1998, section 168.1292, is repealed. 
 22.33     Sec. 32.  [EFFECTIVE DATE.] 
 22.34     Sections 20 to 22 are effective the day after final 
 22.35  enactment, for offenses committed after final enactment.