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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 454-S.F.No. 1910 
           An act relating to transportation; providing for the 
          licensing, taxation, ownership, and operation of motor 
          vehicles; providing for the standards and construction 
          of certain highways and payment of street and highway 
          expenses; providing definitions; providing penalties; 
          appropriating money; amending Minnesota Statutes 1984, 
          sections 65B.67, subdivisions 3 and 4a; 162.06, 
          subdivision 5; 162.14, subdivision 2; 168.27, 
          subdivisions 1 and 22; 168.28; 169.07; 169.44, by 
          adding a subdivision; 169.99, by adding a subdivision; 
          171.02, subdivision 3; 171.05, by adding a 
          subdivision; 171.07, subdivision 5; 171.12, by adding 
          a subdivision; and 173.08, subdivision 1; Minnesota 
          Statutes 1985 Supplement, sections 168.011, 
          subdivision 4; 168.012, subdivision 1c; 168.013, 
          subdivisions 1c and 1e; 168.27, subdivision 24; 
          171.27; and 221.033, subdivision 3; Laws 1974, chapter 
          151, section 3; Laws 1977, chapter 402, section 2; 
          Laws 1985, chapter 299, section 40; Laws 1985, First 
          Special Session chapter 15, section 9, subdivision 5; 
          proposing coding for new law in Minnesota Statutes, 
          chapters 65B; 160; 161; and 163; repealing Minnesota 
          Statutes 1984, section 171.15, subdivision 2.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [65B.481] [DRIVER TO HAVE PROOF OF INSURANCE IN 
POSSESSION.] 
    Every driver shall have in his immediate possession at all 
times when operating a motor vehicle evidence that insurance 
covering the vehicle is in effect.  On demand of a peace 
officer, an authorized representative of the department of 
public safety, or an officer authorized by law to enforce the 
laws relating to the operation of motor vehicles on public 
streets and highways, the driver must produce proof of insurance 
in the form of a valid insurance policy or an identification 
card issued by an insurer.  No person shall be in violation of 
this section if the person provides the required proof of 
insurance to the officer within seven days or to the court on or 
before the date set for appearance.  The commissioner of public 
safety may suspend the license of any operator who violates this 
section.  Commercial vehicles required to file proof of 
insurance pursuant to chapter 221 and school buses as defined in 
section 171.01, subdivision 21 are exempt from this section. 
    Sec. 2.  Minnesota Statutes 1984, section 65B.67, 
subdivision 3, is amended to read: 
    Subd. 3.  [VIOLATION BY DRIVER.] Any other person who 
operates a motor vehicle or motorcycle upon a public highway, 
street or road in this state with knowledge who knows or has 
reason to know that the owner does not have security complying 
with the terms of section 65B.48 in full force and effect is 
guilty of a misdemeanor and shall be sentenced as provided in 
subdivision 4. 
    Sec. 3.  Minnesota Statutes 1984, section 65B.67, 
subdivision 4a, is amended to read: 
    Subd. 4a.  The commissioner of public safety may shall 
revoke the registration of any motor vehicle or motorcycle, and 
may suspend the driver's license of any operator, without 
preliminary hearing upon a showing by department records, 
including accident reports required to be submitted by section 
169.09, or other sufficient evidence that security required by 
section 65B.48 has not been provided and maintained.  Before 
reinstatement of the registration, there shall be filed with the 
commissioner of public safety the written certificate of an 
insurance carrier authorized to do business in the state stating 
that security has been provided as required by section 65B.48.  
The commissioner of public safety may require the certificate of 
insurance provided to satisfy this subdivision to be certified 
by the insurance carrier to be noncancelable for a period not to 
exceed one year.  The commissioner of public safety may also 
require a certificate of insurance to be filed with respect to 
all vehicles required to be insured under section 65B.48 and 
owned by any person whose driving privileges have been suspended 
or revoked as provided in this section before reinstating the 
person's driver's license. 
    Sec. 4.  [160.81] [HIGHWAYS IN RECREATION AREAS.] 
    Subdivision 1.  [JOINT STANDARDS.] The commissioner of 
transportation, in consultation with the commissioner of natural 
resources, shall establish standards for trunk highway segments 
located in areas of unusual scenic interest.  The rules shall:  
    (1) define "areas of unusual scenic interest," which must 
include major recreational areas, historic areas and major 
publicly and privately owned tourist attractions; 
    (2) prescribe standards for right-of-way, shoulders and 
parking areas for trunk highway segments in such areas; and 
    (3) prescribe standards for scenic overlooks, parking piers 
and other parking areas, tourist information facilities, public 
water access points and other facilities intended to expand the 
recreational use of trunk highway segments in such areas. 
    Subd. 2.  [PLAN.] The commissioner of transportation, in 
consultation with the commissioner of natural resources, shall 
prepare a plan for the recreational uses of trunk highway 
right-of-way and adjacent public land in areas of unusual scenic 
interest.  The plan must provide for the enhancement of such 
recreational uses by the construction of new recreational 
facilities or the improvement or rehabilitation of existing 
recreational facilities, as enumerated in subdivision 1, clause 
(3).  The plan must provide for joint development of these 
facilities by the departments of transportation and natural 
resources, where feasible, and must contain provisions 
permitting local units of government and regional development 
commissions to participate in the planning and development of 
recreational facilities. 
    Subd. 3.  [RECREATIONAL FACILITIES.] The commissioner of 
transportation may, in areas of unusual scenic interest: 
    (1) construct, improve, and maintain recreational 
facilities, including parking areas, scenic overlooks, and 
tourist information facilities, on trunk highway right-of-way 
and adjacent areas; and 
    (2) construct, improve, and maintain access ramps and 
turnoffs to connect trunk highways with recreational land owned 
by the department of natural resources. 
    Subd. 4.  [APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.] 
Promulgation of the recreational use plan under subdivision 2 is 
subject to chapter 14, the administrative procedure act.  The 
standards established under subdivision 1 are not subject to the 
administrative procedure act. 
    Sec. 5.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 294.  Beginning at the intersection of business 
route no. 71 (old trunk highway no. 71) and Civic Center Road 
(formerly 15th Avenue N.E.) in Willmar, at or near the South 
Line of Government Lot 1, Section 2, Township 119 North, Range 
35 West; thence extending in a general easterly, northerly, and 
northwesterly direction into and through the grounds of the 
Willmar state hospital to the intersection with old trunk 
highway no. 71 about 400 feet northerly of the South Line of 
Government Lot 1, Section 1, Township 119 North, Range 35 West. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route no. 294 as contained and 
described in Minnesota Statutes 1984, section 161.115.  Route 
no. 294 as contained and described in that section is 
discontinued and removed from the trunk highway system. 
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 6.  [161.52] [TOURIST INFORMATION CENTERS.] 
    For the fiscal year ending June 30, 1988, and subsequent 
years, the payment of the cost of staffing and operating tourist 
information centers located on trunk highways, including 
interstate highways, by the commissioner of transportation is 
subject to the following restrictions: 
    (a) For the fiscal year ending June 30, 1988, not more than 
two-thirds of the cost may be paid from the trunk highway fund. 
    (b) For the fiscal year ending June 30, 1989, not more than 
one-third of the cost may be paid from the trunk highway fund. 
    (c) For the fiscal year ending June 30, 1990, no part of 
the cost may be paid from the trunk highway fund. 
    That portion of the cost not paid from the trunk highway 
fund must be paid either by the commissioner from funds 
appropriated for that purpose from sources other than the trunk 
highway fund, or by local sources of funding. 
     Sec. 7.  Minnesota Statutes 1984, section 162.06, 
subdivision 5, is amended to read: 
    Subd. 5.  [STATE PARK ROAD ACCOUNT.] After deducting for 
administrative costs and for the disaster account and research 
account as heretofore provided from the remainder of the total 
sum provided for in subdivision 1, there shall be deducted a sum 
equal to the three quarters of one percent of the remainder but 
not to exceed the sum of $200,000 $600,000 annually.  The sum so 
deducted shall be set aside in a separate account and shall be 
used for the establishment, location, relocation, construction, 
reconstruction and improvement of those roads included in the 
county state-aid highway system under Minnesota Statutes 1961, 
Section 162.02, Subdivision 6 which border and provide 
substantial access to an outdoor recreation unit as defined in 
section 86A.04 or which provide access to the headquarters of or 
the principal parking lot located within a state park such a 
unit.  At the request of the commissioner of natural resources 
the counties wherein such roads are located shall do such work 
as requested in the same manner as on any other county state-aid 
highway and shall be reimbursed for such construction, 
reconstruction or improvements from the amount set aside by this 
subdivision. Before requesting a county to do work on a county 
state-aid highway as provided in this subdivision, the 
commissioner of natural resources must obtain approval for the 
project from the county state-aid screening board.  The 
screening board, before giving its approval, must obtain a 
written comment on the project from the county engineer of the 
county requested to undertake the project.  Any sums paid to 
counties in accordance with this subdivision shall reduce the 
money needs of said counties in the amounts necessary to 
equalize their status with those counties not receiving such 
payments.  Any balance of the amount so set aside, at the end of 
each year shall be transferred to the county state-aid highway 
fund. 
    Sec. 8.  Minnesota Statutes 1984, section 162.14, 
subdivision 2, is amended to read: 
    Subd. 2.  [PURPOSES FOR WHICH MONEY IS APPORTIONED.] Money 
so apportioned to each such city shall be used for aid in the 
establishment, location, construction, reconstruction, 
improvement, and maintenance of the municipal state-aid street 
system within each city including the expense of sidewalks, 
signals and safety devices, including systems that permit an 
emergency vehicle operator to activate a green traffic signal 
for the emergency vehicle, on such system approved by the 
commissioner, provided that in the event of hardship or in the 
event that the municipal state-aid street system of any 
municipality is improved to the standards set forth in the 
commissioner's rules and regulations, and subject to the consent 
of the commissioner and under rules and regulations of the 
commissioner, a portion of the money so apportioned may be used 
on other streets or roads within the city.  The governing body 
of any such city may, subject to the consent of the 
commissioner, and under the rules and regulations of the 
commissioner, use a portion of the money so apportioned on any 
state trunk highway or county state-aid highway within the 
city.  The amount of money to be appropriated by such cities 
from other funds for use in the establishment, location, 
construction, reconstruction, improvement, and maintenance of 
the municipal state-aid street system within the city is hereby 
left to the direction of the individual governing bodies of the 
cities.  
    Sec. 9.  [163.161] [IMPASSABLE CITY THROUGHFARES.] 
     When a written complaint signed by five or more freeholders 
of a statutory city of not more than 5,000 population is 
presented to the county board stating that a city throughfare 
located outside an urban area as defined in section 169.01, 
subdivision 59 has not been properly maintained and because of 
the improper maintenance is not reasonably passable the county 
board shall consider and act upon the complaint in the same 
manner provided for a complaint under section 163.16. 
    Sec. 10.  Minnesota Statutes 1985 Supplement, section 
168.011, subdivision 4, is amended to read: 
    Subd. 4.  [MOTOR VEHICLE.] "Motor vehicle" means any 
self-propelled vehicle not operated exclusively upon railroad 
tracks and any vehicle propelled or drawn by a self-propelled 
vehicle and includes vehicles known as trackless trolleys which 
are propelled by electric power obtained from overhead trolley 
wires but not operated upon rails, except snowmobiles and 
manufactured homes.  After July 31, 1985, motor vehicle does not 
include a three-wheel off-road vehicle as defined in section 
84.92, subdivision 8; except that if the three-wheel off-road 
vehicle was licensed as a motor vehicle before August 1, 1985, 
the owner may continue to license it as a motor vehicle until it 
is conveyed or otherwise transferred to another owner, is 
destroyed, or fails to comply with the registration and 
licensing requirements of this chapter. 
    Sec. 11.  Minnesota Statutes 1985 Supplement, section 
168.012, subdivision 1c, is amended to read: 
    Subd. 1c.  (a) The annual administrative fee for trailer 
license plates issued to a tax-exempt vehicle under this section 
is $5 for each plate. (b) The annual fee for license plates 
issued to all other tax-exempt vehicles is a $5 administrative 
handling fee and $10 for two plates per vehicle.  The license 
plate fee for a tax-exempt vehicle, except a trailer, is $10 for 
two plates per vehicle, payable only on the first tax-exempt 
registration of the vehicle. (c) On or after March 1, 1986, The 
registration period for a tax-exempt vehicle is biennial and new 
plates will be issued for the life of the vehicle.  Fees are The 
administrative fee is due on March 1 biennially and payable the 
preceding January 1, with validating stickers issued at time of 
payment.  If the tax-exempt vehicle is newly registered for less 
than the two-year period, the fee must be apportioned by 
six-month increments, but in no event may the fee be less than 
$5 per vehicle. 
    (b) The owner of a tax-exempt vehicle shall apply for 
tax-exempt license plates, and pay the administrative and plate 
fees, and the filing fee under section 168.33, subdivision 7, 
only to a deputy registrar in the county in which the vehicle is 
domiciled. 
    Sec. 12.  Minnesota Statutes 1985 Supplement, section 
168.013, subdivision 1c, is amended to read: 
    Subd. 1c.  [FARM TRUCKS.] (1) On farm trucks having a gross 
weight of not more than 57,000 pounds, the tax shall be based on 
total gross weight and shall be 45 percent of the Minnesota base 
rate prescribed by subdivision 1e during each of the first eight 
years of vehicle life, but in no event less than $35, and during 
the ninth and succeeding years of vehicle life the tax shall be 
27 percent of the Minnesota base rate prescribed by subdivision 
1e, but in no event less than $21, except as otherwise provided 
in this subdivision.  On farm trucks having a gross weight of 
not more than 57,000 pounds during each of the first eight years 
of vehicle life, the tax shall be 45 percent of the tax imposed 
in the Minnesota base rate schedule.  
    On farm trucks having a gross weight of not more than 
57,000 pounds during the ninth and succeeding years of vehicle 
life, the tax shall be 27 percent of the Minnesota base rate 
schedule. 
    (2) On farm trucks having a gross weight of more than 
57,000 pounds, the tax shall be 60 percent of the Minnesota base 
rate during each of the first eight years of vehicle life and 36 
percent of the Minnesota base rate during the ninth and 
succeeding years, except as otherwise provided in this 
subdivision.  On farm trucks having a gross weight of more than 
57,000 pounds during the first eight years of vehicle life, the 
tax shall be 60 percent of the tax imposed in the Minnesota base 
rate schedule. 
    On farm trucks having a gross weight of more than 57,000 
pounds, during the ninth and succeeding years of vehicle life, 
the tax shall be 36 percent of the tax imposed in the Minnesota 
base rate schedule. 
    In addition to the gross weight tax imposed on a 
truck-tractor or truck used as a truck-tractor, each semitrailer 
shall be taxed a fee of $10 for a one-year period or $50 for a 
five-year period whichever the applicant elects. 
    Sec. 13.  Minnesota Statutes 1985 Supplement, section 
168.013, subdivision 1e, is amended to read: 
    Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
trucks and tractors except those in this chapter defined as farm 
trucks, on truck-tractor and semitrailer combinations except 
those defined as farm combinations, and on commercial zone 
vehicles, the tax based on total gross weight shall be graduated 
according to the Minnesota base rate schedule prescribed in this 
subdivision, but in no event less than $120. 

                      Minnesota Base Rate Schedule 
          Scheduled taxes include five percent
          surtax provided for in subdivision 14
          TOTAL GROSS WEIGHT
              IN POUNDS                    TAX
          A       0 -  1,500             $  15
          B   1,501 -  3,000                20
          C   3,001 -  4,500                25
          D   4,501 -  6,000                35
          E   6,001 -  9,000                45
          F   9,001 - 12,000                70
          G  12,001 - 15,000               105
          H  15,001 - 18,000               145
          I  18,001 - 21,000               190
          J  21,001 - 26,000               270
          K  26,001 - 33,000               360
          L  33,001 - 39,000               475
          M  39,001 - 45,000               595
          N  45,001 - 51,000               715
          O  51,001 - 57,000               865
          P  57,001 - 63,000              1015
          Q  63,001 - 69,000              1185
          R  69,001 - 73,280              1325
          S  73,281 - 78,000              1525
          T  78,001 - 81,000              1625
     For each vehicle with a gross weight in excess of 81,000 
pounds an additional tax of $50 is imposed for each ton or 
fraction thereof in excess of 81,000 pounds, subject to 
subdivision 12. 
     Truck-tractors except those herein defined as farm and 
commercial zone vehicles shall be taxed in accord with the 
foregoing gross weight tax schedule on the basis of the combined 
gross weight of the truck-tractor and any semitrailer or 
semitrailers which the applicant proposes to combine with the 
truck-tractor.  
     Commercial zone trucks include only trucks, truck-tractors, 
and semitrailer combinations which are: 
     (1) used by an authorized local cartage carrier operating 
under a permit issued under section 221.296 and whose gross 
transportation revenue consists of at least 60 percent obtained 
solely from local cartage carriage, and are operated solely 
within an area composed of two contiguous cities of the first 
class and municipalities contiguous thereto as defined by 
section 221.011, subdivision 17; or, 
    (2) operated by an interstate carrier registered under 
section 221.60, or by an authorized local cartage carrier or 
other carrier receiving operating authority under chapter 221, 
and operated solely within a zone exempt from regulation by the 
interstate commerce commission pursuant to United States Code, 
title 49, section 10526(b). 
    The license plates issued for commercial zone vehicles 
shall be plainly marked.  A person operating a commercial zone 
vehicle outside the zone or area in which its operation is 
authorized is guilty of a misdemeanor and, in addition to the 
penalty therefor, shall have the registration of the vehicle as 
a commercial zone vehicle revoked by the registrar and shall be 
required to reregister the vehicle at 100 percent of the full 
annual tax prescribed in the Minnesota base rate schedule, and 
no part of this tax shall be refunded during the balance of the 
registration year. 
    On commercial zone trucks the tax shall be based on the 
total gross weight of the vehicle and during each of the first 
eight years of vehicle life shall be 75 percent of the Minnesota 
base rate schedule.  During the ninth and succeeding years of 
vehicle life the tax shall be 50 percent of the Minnesota base 
rate schedule, except as otherwise provided in this 
subdivision.  On commercial zone trucks, during the ninth and 
succeeding years of vehicle life, the tax shall be 50 percent of 
the tax imposed in the Minnesota base rate schedule. 
    On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those urban trucks and combinations and commercial 
zone vehicles specifically provided for in this subdivision, the 
tax for each of the first eight years of vehicle life shall be 
100 percent of the tax imposed in the Minnesota base rate 
schedule, and during the ninth and succeeding years of vehicle 
life, the tax shall be 75 percent of the Minnesota base rate 
prescribed by this subdivision, except as otherwise provided in 
this subdivision. 
    On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those commercial zone vehicles specifically provided 
for in this subdivision, during each of the first eight years of 
vehicle life the tax shall be 100 percent of the tax imposed in 
the Minnesota base rate schedule. 
     Sec. 14.  Minnesota Statutes 1984, section 168.27, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (1) "Leasing motor vehicles" means furnishing a motor 
vehicle for a fee under a bailor-bailee relationship where no 
incidences of ownership are intended to be transferred other 
than the right to use the vehicle for a stated period of time. 
    (2) "Brokering motor vehicles" means arranging sales 
between willing buyers and sellers of motor vehicles and 
receiving a fee for said service. 
    (3) "Wholesaling motor vehicles" means selling new or used 
motor vehicles to dealers for resale to the public. 
    (4) "Auctioning motor vehicles" means arranging for and 
handling the sale of motor vehicles, not the property of the 
auctioneer, to the highest bidder. 
    (5) "Dealer" includes new motor vehicle dealers, used motor 
vehicle dealers, brokers, wholesalers, auctioneers and lessors 
of new or used motor vehicles. 
    (6) "Commercial building" means a building adapted to 
commercial use and located in an area zoned for commercial or 
other less restrictive nonresidential use by the governmental 
unit in which it is located. 
    (7) "Horse trailer" is a trailer designed and used to carry 
horses and other livestock, which has not more than three axles 
and a maximum gross weight capacity of not more than 24,000 
pounds. 
     Sec. 15.  Minnesota Statutes 1984, section 168.27, 
subdivision 22, is amended to read: 
    Subd. 22.  [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE 
TRAILERS.] Any person, copartnership or corporation having a 
permanent enclosed commercial building or structure either owned 
in fee or leased and engaged in the business, either exclusively 
or in addition to any other occupation, of selling motorized 
bicycles, boat trailers, horse trailers or snowmobile trailers, 
may apply to the registrar for a dealer's license.  Upon payment 
of a $10 fee the registrar shall license the applicant as a 
dealer for the remainder of the calendar year in which the 
application was received. Thereafter the license may be renewed 
on or before the second day of January of each year by payment 
of a fee of $10.  The registrar shall issue to each dealer, upon 
his request, dealer plates as provided in subdivision 16 upon 
payment of $3 for each plate, and the plates may be used in the 
same manner and for the same purposes as is provided in 
subdivision 16.  Except for motorized bicycle dealers, the 
registrar shall also issue to the dealer, upon his request, "in 
transit" plates as provided in subdivision 17 upon payment of a 
fee of $2 for each plate.  This subdivision shall not be 
construed to abrogate any of the provisions of this section as 
the same relates to the duties, responsibilities and 
requirements of persons, copartnerships or corporations engaged 
in the business, either exclusively or in addition to other 
occupations, of selling motor vehicles or manufactured homes. 
    Sec. 16.  Minnesota Statutes 1985 Supplement, section 
168.27, subdivision 24, is amended to read: 
    Subd. 24.  [BONDS.] All persons licensed hereunder shall 
keep in full force and effect a bond with a corporate surety to 
be approved by the registrar of motor vehicles in amounts as 
herein provided; in the case of boat, snowmobile trailer, horse 
trailer or motorized bicycle dealers in the amount of $5,000; 
and as to all other persons in the amount of $25,000.  The bond 
shall be conditioned on the faithful performance by the licensee 
of the obligations imposed by the laws of this state, including 
the conduct required of a licensee by this section and other 
sections governing the sale or transfer of motor vehicles, and 
the payment of all taxes, license fees and penalties.  The bond 
shall be for the benefit of the state of Minnesota and any 
transferor, seller, or purchaser of a motor vehicle for any 
monetary loss caused by failure of the licensee to meet the 
obligations enumerated above.  Proceedings on the forfeiture of 
the bonds shall be commenced in the district court of the county 
wherein the business of the licensed person was carried on, or 
if in more than one county, the county in which the offense 
occurred. 
    Sec. 17.  Minnesota Statutes 1984, section 168.28, is 
amended to read: 
    168.28 [VEHICLES SUBJECT TO TAX; EXCEPTIONS.] 
    Every motor vehicle (except those exempted in section 
168.012, and except those exempted in section 168.012 which are 
being towed upon the streets and highways and which shall not be 
deemed to be using the streets and highways within the meaning 
of this section) shall be deemed to be one using the public 
streets and highways and hence as such subject to taxation under 
this act if such motor vehicle has since April 23, 1921, used 
such public streets or highways, or shall actually use them, or 
if it shall come into the possession of an owner other than as a 
manufacturer, dealer, warehouseman, mortgagee or pledgee.  New 
and unused motor vehicles in the possession of a dealer solely 
for the purpose of sale, and used or secondhand motor vehicles 
which have not theretofore used the public streets or highways 
of this state which are in the possession of a dealer solely for 
the purpose of sale and which are duly listed as herein 
provided, shall not be deemed to be vehicles using the public 
streets or highways.  The driving or operating of a motor 
vehicle upon the public streets or highways of this state by a 
motor vehicle dealer or any employee of such motor vehicle 
dealer for demonstration purposes or for any purpose incident to 
the usual and customary conduct and operation of his business in 
which he has been licensed under section 168.27 to engage, or 
solely for the purpose of moving it from points outside or 
within the state to the place of business or storage of a 
licensed dealer within the state or solely for the purpose of 
moving it from the place of business of a manufacturer, or 
licensed dealer within the state to the place of business or 
residence of a purchaser outside the state, shall not be deemed 
to be using the public streets or highways in the state within 
the meaning of this chapter or of the Constitution of the State 
of Minnesota, Article 14, and shall not be held to make the 
motor vehicle subject to taxation under this chapter as one 
using the public streets or highways, if during such driving or 
moving the dealer's plates herein provided for shall be duly 
displayed upon such vehicle.  Any dealer or distributor may 
register a motor vehicle prior to its assessment or taxation as 
personal property, and pay the license fee and tax thereon for 
the full calendar year as one using the public streets and 
highways, and thereafter such vehicle shall be deemed to be one 
using the public streets and highways and shall not be subject 
to assessment or taxation as personal property during the 
calendar year for which it is so registered, whether or not such 
vehicle shall actually have used the streets or highways. 
    Sec. 18.  Minnesota Statutes 1984, section 169.07, is 
amended to read: 
    169.07 [UNAUTHORIZED SIGNS.] 
    No person shall place, maintain, or display upon or in view 
of any highway any unauthorized sign, signal, marking, or device 
which purports to be or is an imitation of or resembles an 
official traffic-control device or railroad sign or signal, or 
which attempts to direct the movement of traffic, or which hides 
from view or interferes with the effectiveness of any official 
traffic-control device or any railroad sign or signal, and no 
person shall place or maintain, nor shall any public authority 
permit, upon any highway any traffic sign or signal bearing 
thereon any commercial advertising.  This shall not be deemed to 
prohibit (1) the erection upon private property adjacent to 
highways of signs giving useful directional information and of a 
type that cannot be mistaken for official signs, or (2) the 
temporary placement by auctioneers licensed or exempt from 
licensing under section 330.01, for a period of not more than 
eight consecutive hours, on or adjacent to the right-of-way of a 
highway not more than four signs directing motorists to the 
location of an auction.  The signs must conform to standards for 
size, content, placement, and location for such signs 
promulgated by the commissioner of transportation.  The rules 
may require a permit for each such sign but no fee may be 
charged for the permit.  
    Every such prohibited sign, signal, or marking is hereby 
declared to be a public nuisance, and the authority having 
jurisdiction over the highways is hereby empowered to remove the 
same, or cause it to be removed, without notice. 
    Sec. 19.  Minnesota Statutes 1984, section 169.44, is 
amended by adding a subdivision to read: 
    Subd. 18.  [MOTOR COACH USED FOR SCHOOL ACTIVITIES.] A 
school district or an area vocational technical institute shall 
not acquire a motor coach.  Motor coaches acquired by school 
districts or area vocational technical institutes before the 
effective date of this section may be used by school districts 
or area vocational technical institutes only to transport 
students participating in school activities, their instructors, 
and supporting personnel, to and from school activities.  The 
motor coaches shall not in any way be outwardly equipped and 
identified as school buses.  A motor coach operated under this 
subdivision is not a school bus for purposes of section 
124.225.  By August 1, 1986, the state board of education shall 
adopt rules governing the equipment, identification, operation, 
inspection, and certification of motor coaches operated under 
this subdivision.  After January 1, 1998, a school district or 
area vocational technical institute shall not own or operate a 
motor coach for any purpose. 
    Sec. 20.  Minnesota Statutes 1984, section 169.99, is 
amended by adding a subdivision to read: 
    Subd. 1b.  The uniform traffic ticket must provide a blank 
or space wherein an officer who issues a citation for a 
violation of section 169.141 must specify whether the speed was 
greater than ten miles per hours in excess of the speed 
designated under that section. 
    Sec. 21.  Minnesota Statutes 1984, section 171.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [MOTORIZED BICYCLES.] No motorized bicycle shall 
be operated on any public roadway by any person who does not 
possess a valid drivers license, unless the person has obtained 
a motorized bicycle operator's permit or motorized bicycle 
instruction permit from the commissioner of public safety.  
The operator's permit may be issued to any person who has 
attained the age of 15 years and who has passed the examination 
prescribed by the commissioner.  The instruction permit may be 
issued to any person who has attained the age of 15 years and 
who has passed the written portion of the examination prescribed 
by the commissioner.  The commissioner may promulgate rules and 
regulations prescribing the content of the examination and the 
information to be contained on the permit permits. 
    The fees for motorized bicycle operator's permit permits 
are as follows: 
      (a) Examination and operator's permit,
          valid for one year                      $4
      (b) Duplicate                               $2
      (c) Renewal permit before age 18 19
          and valid until age 18 19                  $6
      (d) Renewal permit after age 18 19
          and valid for four years               $10
      (e) Duplicate of any renewal permit         $3
      (f) Written examination and
          instruction permit, valid for
          30 days                                 $4
    Sec. 22.  Minnesota Statutes 1984, section 171.05, is 
amended by adding a subdivision to read:  
    Subd. 3.  Notwithstanding any provision in subdivision 1 to 
the contrary, the department, upon application and payment of 
the fee prescribed in section 1, may issue a motorized bicycle 
instruction permit to an applicant who is 15 years of age and 
who has successfully completed the written portion of the 
examination prescribed by the commissioner.  The holder of this 
instruction permit who has the permit in possession may operate 
a motorized bicycle within one mile of the holder's residence 
for the purpose of practicing to take the operator portion of 
the examination prescribed by the commissioner. 
    Sec. 23.  Minnesota Statutes 1984, section 171.07, 
subdivision 5, is amended to read: 
    Subd. 5.  The department may provide a donor document to 
each person making application for a driver's license or a 
Minnesota identification card whereby any such person, 18 years 
of age or more, may execute an anatomical gift, pursuant to the 
provisions of the uniform anatomical gift act, sections 525.921 
to 525.93.  The commissioner of public safety shall prescribe 
the form of the donor document.  If the donor is 18 years of age 
or older, the donor document must be signed by the donor in the 
presence of two witnesses who must sign the donor document in 
the donor's presence.  If the donor cannot sign, the donor 
document may be signed for the donor at the donor's direction, 
in the donor's presence, and in the presence of two witnesses 
who must sign the donor document in the donor's presence.  If 
the donor is a minor, the donor document must be signed by the 
minor donor, and both of the minor donor's parents, a legal 
guardian, or the parent or parents having legal custody.  If the 
minor cannot sign, the donor document may not be signed for the 
minor.  The department shall identify donors of anatomical gifts 
by the designation "donor" on the front side of the donor's 
driver's license or Minnesota identification card.  The 
designation "donor" shall constitute sufficient legal authority 
for the removal of all body organs or parts upon death of the 
donor for the purpose of transplantation and the designation 
shall be removed only upon written notice to the department.  No 
designation may be noted upon the driver's license or Minnesota 
identification card of any person under 18. Delivery of the 
license or Minnesota identification card during the donor's 
lifetime is not necessary to make the gift valid. 
    Sec. 24.  Minnesota Statutes 1984, section 171.12, is 
amended by adding a subdivision to read: 
    Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] The 
department shall not keep on the record of a driver any 
conviction for a violation of section 169.141 unless the 
violation consisted of a speed greater than ten miles per hour 
in excess of the lawful speed designated under that section. 
    Sec. 25.  Minnesota Statutes 1985 Supplement, section 
171.27, is amended to read: 
    171.27 [EXPIRATION OF LICENSES.] 
    The expiration date for each driver's license, other than 
provisional licenses, is the birthday of the driver in the 
fourth year following the date of issuance of the license.  The 
birthday of the driver shall be as indicated on the application 
for a driver's license.  A license may be renewed on or before 
expiration or within one year after expiration upon application, 
payment of the required fee, and passing the examination 
required of all drivers for renewal.  Driving privileges shall 
be extended or renewed on or preceding the expiration date of an 
existing driver's license unless the commissioner believes that 
the licensee is no longer qualified as a driver.  
    The expiration date for each provisional license shall be 
the 18th 19th birthday of the licensee.  Upon the provisional 
licensee attaining the age of 18 19 and upon the application, 
payment of the required fee, and passing the examination 
required of all drivers for renewal, a driver's license shall be 
issued if the commissioner deems the record of the provisional 
licensee to be satisfactory.  
    Any valid Minnesota driver's license issued to a person 
then or subsequently on active duty with the Armed Forces of the 
United States, or the person's spouse, shall continue in full 
force and effect without requirement for renewal until 90 days 
after the date of the person's discharge from such service, 
provided that a spouse's license must be renewed if the spouse 
is residing within the state at the time the license expires or 
within 90 days after the spouse returns to Minnesota and resides 
within the state. 
    Sec. 26.  Minnesota Statutes 1984, section 173.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADVERTISING DEVICES RESTRICTED.] No 
advertising device, excepting the advertising devices described 
and permitted under sections 173.01 to 173.27, shall be erected 
or maintained in an adjacent area, after June 8, 1971, except 
the following: 
    (a) Directional and other official signs, including, but 
not limited to, signs pertaining to natural wonders, scenic and 
historical attractions, which are required or authorized by law, 
and which comply with regulations which shall be promulgated by 
the commissioner relative to their lighting, size, spacing and 
other requirements as may be appropriate to implement sections 
173.01 to 173.27; 
    (b) Advertising devices advertising the sale or lease of 
property upon which they are located, provided that there shall 
not be more than one such sign, advertising the sale or lease of 
the same property, visible to traffic proceeding in any one 
direction on any one interstate or primary highway; 
    (c) Advertising devices advertising activities conducted on 
the property on which they are located, including, without 
limiting the generality of the foregoing, goods sold, stored, 
manufactured, processed or mined thereon, services rendered 
thereon, and entertainment provided thereon; 
    (d) Advertising devices stating the name and address of the 
owner, lessee or occupant of such property or information 
otherwise required or authorized by law to be posted or 
displayed thereon; 
    (e) Public utility signs; 
    (f) Service club and religious notices; 
    (g) Advertising devices of which the advertising copy or 
the name of the owner thereof is in no part visible from the 
traveled way of the aforesaid highways; 
    (h) Advertising devices which are located, or which are to 
be located, in business areas and which comply, or will comply 
when erected, with the provisions of sections 173.01 to 173.27; 
    (i) Signs placed temporarily by auctioneers under section 
169.07. 
    Sec. 27.  Minnesota Statutes 1985 Supplement, section 
221.033, subdivision 3, is amended to read: 
    Subd. 3.  [VARIANCE, RULES.] The commissioner shall adopt 
rules which provide a procedure for granting a variance from 
those regulations adopted under subdivision 1 which prescribe 
specifications for tank motor vehicles used to transport 
gasoline.  The variance may be granted only to persons who 
transport gasoline in for tank motor vehicles with a capacity of 
3,000 gallons or less that are used to transport gasoline and 
which were designed and manufactured between 1950 and 
1975 according to American society of mechanical engineers 
specifications in effect at the time of manufacture to transport 
petroleum products.  The commissioner shall prescribe 
alternative requirements to assure the safety of the tank motor 
vehicles operated under the variance, and shall register each 
tank motor vehicle operated under the variance.  
    Sec. 28.  Laws 1974, chapter 151, section 3, is amended to 
read: 
    Sec. 3.  This act shall take effect upon the construction 
of the trunk highway 12 Route No. 4 and Route No. 49 bypass of 
Willmar. 
    Section 29.  Laws 1977, chapter 402, section 2, is amended 
to read: 
    Sec. 2.  [LEXINGTON AVENUE SOUTH OF LARPENTEUR.] 
    The city of Saint Paul may not take or use existing park 
land for the redesign, reconstruction or widening of Lexington 
avenue south of Larpenteur avenue only if the redesign, 
reconstruction or widening: 
    (a) does not result in a traveled way on Lexington avenue 
between Horton avenue and Hoyt avenue greater than 32 feet, 
except for turning lanes, and 
    (b) is consistent with the Como Park master plan approved 
by the metropolitan council. 
    Sec. 30.  [VARIANCE NOT REQUIRED.] 
    Notwithstanding any other provision of law that section of 
Lexington avenue which is located within Como Park in the city 
of Saint Paul does not require a variance from municipal 
state-aid engineering standards in order to be redesigned, 
reconstructed or widened, and is eligible for inclusion in the 
money needs of the city on the same basis as other municipal 
state-aid streets in the city. 
    Sec. 31.  [HIGH OCCUPANCY VEHICLES.] 
    Subdivision 1.  [HIGH OCCUPANCY LANES.] The commissioner of 
transportation shall, in the design of any controlled access 
highway within the metropolitan area as defined in Minnesota 
Statutes, section 473.02, subdivision 5, consider the inclusion 
in the design of one or more lanes of traffic reserved 
exclusively for vehicles carrying two or more persons. 
    Subd. 2.  [EXCLUSIVE BUS LANES.] The commissioner of 
transportation shall, in the management of controlled access 
highways within the metropolitan area as defined in Minnesota 
Statutes, section 473.02, subdivision 5, which have entrance 
ramps reserved exclusively for buses, consider the use of such 
ramps by any vehicle carrying two or more persons. 
    Sec. 32.  [RECONVEYANCE.] 
    Notwithstanding any other law, the proceeds from the 
conveyance of excess real estate in the city of St. Cloud that 
was acquired for the improvement of marked trunk highway No. 15 
in the St. Cloud metropolitan area must be placed by the state 
treasurer in a separate account if the excess real estate is 
conveyed before the improvement is completed.  All money in this 
account is hereby appropriated to the commissioner for 
expenditure only to pay the costs of completing the improvement 
of marked trunk highway No. 15 in the St. Cloud metropolitan 
area.  The commissioner shall pay any money so appropriated 
which is in excess of the amount required to complete the 
improvement to the state treasurer for deposit in the trunk 
highway fund.  For purposes of this section "St. Cloud 
metropolitan area" means the cities of St. Cloud, St. Joseph, 
Sauk Rapids, Waite Park and Sartell and all towns contiguous to 
those cities.  For purposes of this section, "improvement" means 
the segment of trunk highway No. 15 between county road No. 137 
in St. Cloud and Benton Drive in Sauk Rapids. 
    Sec. 33.  Laws 1985, First Special Session chapter 15, 
section 9, subdivision 5, is amended to read: 
     Subd. 5.  Construct rest areas
near the cities listed in this 
subdivision                                           4,099,000
(a)  Baptism River, on trunk 
highway 61                                  156,000
This appropriation is added to the 
appropriation in Laws 1983, chapter 
344, section 6, subdivision 8, as 
amended by Laws 1984, chapter 597, 
section 54.  
(b)  Bigelow, on trunk highway 60, 
including a travel information center     1,191,000
One-half the cost of staffing and 
operating the travel information center 
must be paid from sources other than 
the trunk highway fund.  The 
commissioner may proceed with 
construction only after agreements to 
provide this funding are obtained. 
(c)  Orr, on trunk highway 53, 
including a travel information center      573,000
 $341,000 is for construction of parking 
spaces. 
 $232,000 is for a grant to the city of 
Orr for site acquisition and 
development and construction of a 
travel information center. 
 The costs of maintaining, staffing, and 
operating the rest area and travel 
information center must not be paid 
from the trunk highway fund. 
(d)  St. Cloud, on trunk highway 10,
including a travel information center    1,145,000
One-half the cost of staffing and 
operating the travel information center 
must be paid from sources other than 
the trunk highway fund.  The 
commissioner may proceed with 
construction only after agreements to 
provide this funding are obtained.  
(e)  St. Peter, on trunk highway 169     1,034,000
    Sec. 34.  Laws 1985, chapter 299, section 40, is amended to 
read: 
    Sec. 40.  [SPECIAL PERMIT.] 
    Subdivision 1. [PERMIT TO BE ISSUED.] Notwithstanding any 
law to the contrary the commissioner of transportation shall 
issue one special permit authorizing the operation for testing 
purposes of a three vehicle combination consisting of a motor 
vehicle, a "motorized hitch" and a trailer.  The permit is valid 
for one year from the date of issuance.  The annual fee for the 
permit is $30.  The permit is subject to all applicable 
provisions of Minnesota Statutes 1984, section 169.86, except as 
otherwise provided in this subdivision.  The holder of the 
permit is responsible for all liability for personal injury, 
property damage or time lost, which may occur as a result of the 
operation of the combination for which the permit is issued, and 
must, if a claim is made against the state or a department, 
division officer or employee thereof arising from such 
operation, defend, indemnify and hold them harmless. 
    Subd. 2. [REPEALER.] This section is repealed July 31, 1986 
1987. 
    Sec. 35.  [PREPAID FEES FOR TAX-EXEMPT VEHICLES CARRIED 
FORWARD.] 
    The owner of a tax-exempt vehicle registered for the 
two-year period beginning March 1, 1986, whose fees for 
administrative handling, license plates, and filing exceeded $20 
per vehicle, may apply the excess toward payment of 
administrative handling fees for tax-exempt vehicles in 
subsequent registration periods, as provided in this section.  
Only payments made before the effective date of section 5 may be 
applied to subsequent administrative handling fees.  The 
registrar shall notify each owner of a tax-exempt vehicle of the 
amount of the credit, if any, for which the owner is eligible 
under this section. 
     Sec. 36.  [EXCHANGE OF LAND.] 
    Until July 1, 1988, the commissioner of transportation may 
contract to dispose of and replace existing land, buildings, and 
associated property located in the southwest quadrant of the 
intersection of marked interstate highway no. 494 and France 
Avenue South in the city of Bloomington.  The property may be 
replaced with land, buildings and associated property at a new 
location if replacement would result in a clear public benefit.  
A clear public benefit results if the following conditions are 
satisfied:  
    (1) the present use of the property to be replaced is not 
the highest and best use of the property compared to other 
property located in the immediate, surrounding area; 
    (2) replacement will promote commercial and economic 
development and employment in the area; 
    (3) replacement will not result in diminished service 
provided by the department or result in significantly increased 
future costs for the department due solely to the relocation of 
its facilities; 
    (4) the replacement will result in a significant economic 
benefit or interest to the state; and 
    (5) the procedures to effectuate replacement include an 
open, competitive contracting process.  
The commissioner may enter into a contract for purposes of this 
paragraph only after presenting a report detailing the terms of 
the contract to the chairs of the house appropriations committee 
and the senate finance committee. 
    Sec. 37.  [REPEALER.] 
    Minnesota Statutes 1984, section 171.15, subdivision 2, is 
repealed. 
    Sec. 38.  [EFFECTIVE DATES.] 
    Sections 5, 19, 27, 28, 32 and 34 are effective the day 
following final enactment.  Sections 29 and 30 are effective on 
approval by the St. Paul city council and compliance with 
Minnesota Statutes 1984, section 645.021. 
    Approved March 25, 1986