Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 581-H.F.No. 1701 
           An act relating to transportation; exempting certain 
          vehicles of county social services agencies from the 
          requirement to display identification; authorizing 
          issuance of restricted commercial drivers' licenses; 
          crediting license plate fees to highway uses tax 
          distribution; updating collector vehicle list for 
          vehicle registration purposes; exempting certain farm 
          trucks from requirement for separate braking systems; 
          authorizing expenditure of rail service improvement 
          account money for maintenance of rail lines and 
          rights-of-way in the rail bank; authorizing the 
          commissioner of transportation to acquire abandoned 
          rail lines and rights-of-way by eminent domain; 
          eliminating requirement to offer state rail bank 
          property to adjacent land owners; authorizing fuel tax 
          compacts; providing for fees; amending Minnesota 
          Statutes 1990, sections 168.012, subdivision 1, and by 
          adding a subdivision; 168.042, by adding a 
          subdivision; 168.12, subdivisions 2 and 5; 168.128, by 
          adding a subdivision; 168.187, subdivisions 17 and 26; 
          168.29; 169.67, subdivision 1; 171.02, by adding a 
          subdivision; 222.50, subdivision 7; 222.63, 
          subdivisions 2, 2a, and 4; Minnesota Statutes 1991 
          Supplement, sections 168.041, by adding a subdivision; 
          168.10, subdivision 1b; 169.781, subdivision 5; 
          171.07, subdivision 3; proposing coding for new law in 
          Minnesota Statutes, chapter 296; repealing Minnesota 
          Statutes 1990, sections 222.63, subdivision 5; and 
          296.17, subdivision 9a. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 168.012, 
subdivision 1, is amended to read: 
    Subdivision 1.  (a) The following vehicles are exempt from 
the provisions of this chapter requiring payment of tax and 
registration fees, except as provided in subdivision 1c:  
    (1) vehicles owned and used solely in the transaction of 
official business by representatives of foreign powers, by the 
federal government, the state, or any political subdivision; 
    (2) vehicles owned and used exclusively by educational 
institutions and used solely in the transportation of pupils to 
and from such institutions; 
    (3) vehicles used solely in driver education programs at 
nonpublic high schools; 
    (4) vehicles owned by nonprofit charities and used 
exclusively to transport disabled persons for educational 
purposes; 
    (5) vehicles owned and used by honorary consul or consul 
general of foreign governments; and 
    (6) ambulances owned by ambulance services licensed under 
section 144.802, the general appearance of which is unmistakable.
    (b) Vehicles owned by the federal government, municipal 
fire apparatus, police patrols and ambulances, the general 
appearance of which is unmistakable, shall not be required to 
register or display number plates.  
     (c) Unmarked vehicles used in general police work and arson 
investigations, and passenger automobiles, pickup trucks, and 
buses owned or operated by the department of corrections shall 
be registered and shall display appropriate license number 
plates which shall be furnished by the registrar at cost.  
Original and renewal applications for these license plates 
authorized for use in general police work and for use by the 
department of corrections must be accompanied by a certification 
signed by the appropriate chief of police if issued to a police 
vehicle, the appropriate sheriff if issued to a sheriff's 
vehicle, the commissioner of corrections if issued to a 
department of corrections vehicle, or the appropriate officer in 
charge if issued to a vehicle of any other law enforcement 
agency.  The certification must be on a form prescribed by the 
commissioner and state that the vehicle will be used exclusively 
for a purpose authorized by this section.  
      (d) Unmarked vehicles used by the department of revenue in 
conducting seizures or criminal investigations must be 
registered and must display passenger vehicle classification 
license number plates which shall be furnished at cost by the 
registrar.  Original and renewal applications for these 
passenger vehicle license plates must be accompanied by a 
certification signed by the commissioner of revenue.  The 
certification must be on a form prescribed by the commissioner 
and state that the vehicles will be used exclusively for the 
purposes authorized by this section. 
    (e) All other motor vehicles shall be registered and 
display tax-exempt number plates which shall be furnished by the 
registrar at cost, except as provided in subdivision 1c.  All 
vehicles required to display tax-exempt number plates shall have 
the name of the state department or political subdivision, or 
the nonpublic high school operating a driver education program, 
on the vehicle plainly displayed on both sides thereof in 
letters not less than 2-1/2 inches high and one-half inch wide; 
except that each state hospital and institution for the mentally 
ill and mentally retarded may have one vehicle without the 
required identification on the sides of the vehicle, and county 
social service agencies may have vehicles used for child and 
vulnerable adult protective services without the required 
identification on the sides of the vehicle.  Such identification 
shall be in a color giving contrast with that of the part of the 
vehicle on which it is placed and shall endure throughout the 
term of the registration.  The identification must not be on a 
removable plate or placard and shall be kept clean and visible 
at all times; except that a removable plate or placard may be 
utilized on vehicles leased or loaned to a political subdivision 
or to a nonpublic high school driver education program. 
    Sec. 2.  Minnesota Statutes 1990, section 168.012, is 
amended by adding a subdivision to read: 
    Subd. 12.  [FEES CREDITED TO HIGHWAY USER 
FUND.] Administrative fees and fees collected from the sale of 
license plates under this section must be paid into the state 
treasury and credited to the highway user tax distribution fund. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
168.041, is amended by adding a subdivision to read: 
    Subd. 11.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
collected from the sale of license plates under this section 
must be paid into the state treasury and credited to the highway 
user tax distribution fund. 
    Sec. 4.  Minnesota Statutes 1990, section 168.042, is 
amended by adding a subdivision to read: 
    Subd. 15.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
collected from the sale of license plates under this section 
must be paid into the state treasury and credited to the highway 
user tax distribution fund. 
    Sec. 5.  Minnesota Statutes 1991 Supplement, section 
168.10, subdivision 1b, is amended to read: 
    Subd. 1b.  [COLLECTOR'S VEHICLE, CLASSIC CAR LICENSE.] Any 
motor vehicle manufactured between and including the years 1925 
and 1948, and designated by the registrar of motor vehicles as a 
classic car because of its fine design, high engineering 
standards, and superior workmanship, and owned and operated 
solely as a collector's item shall be listed for taxation and 
registration as follows:  An affidavit shall be executed stating 
the name and address of the owner, the name and address of the 
person from whom purchased, the make of the motor vehicle, year 
and number of the model, the manufacturer's identification 
number and that the vehicle is owned and operated solely as a 
collector's item and not for general transportation purposes.  
If the registrar is satisfied that the affidavit is true and 
correct and that the motor vehicle qualifies to be classified as 
a classic car, and the owner pays a $25 tax, the registrar shall 
list such vehicle for taxation and registration and shall issue 
number plates. 
    The number plates so issued shall bear the inscription 
"Classic Car," "Minnesota," and the registration number or other 
combination of characters authorized under section 168.12, 
subdivision 2a, but no date.  The number plates are valid 
without renewal as long as the vehicle is in existence and shall 
be issued for the applicant's use only for such vehicle.  The 
registrar has the power to revoke said plates for failure to 
comply with this subdivision. 
     The following cars built between and including 1925 and 
1948 are classic: 
  A.C.
  Adler
  Alfa Romeo
  Alvis               Speed 20, 25, and 4.3 litre.
  Amilcar
  Aston Martin
  Auburn              All 8-cylinder and 12-cylinder
                      models.
  Audi
  Austro-Daimler
  Avions Voisin 12
  Bentley
  Blackhawk
  B.M.W.              Models 327, 328, and 335 only.
  Brewster
   (Heart-front Ford)
  Bugatti
  Buick               1931 through 1942:  series 90 only.
  Cadillac            All 1925 through 1935.
                      All 12's and 16's.
                      1936-1948:  Series 63, 65, 67, 
                      70, 72, 75, 80, 85 and 90 only.
                      1938-1941 1938-1947:  60 special only.
                      1940-1947:  All 62 Series.
  Chrysler            1926 through 1930:  Imperial 80.
                      1929:  Imperial L.
                      1931:  Imperial 8 Series CG.
                      1932:  Series CG, CH and CL.
                      1933:  Series CL.
                      1934:  Series CW.
                      1935:  Series CW.
                      1931 through 1937:  Imperial Series CG,
                      CH, CL, and CW.
                      All Newports and Thunderbolts.
                      1934 CX.
                      1935 C-3.
                      1936 C-11.
                      1937 through 1948:  Custom
                      Imperial, Crown Imperial
                      Series C-15, C-20, C-24, C-27,
                      C-33, C-37, and C-40.
  Cord
  Cunningham
  Dagmar              Model 25-70 only.
  Daimler
  Delage
  Delahaye
  Doble
  Dorris
  Duesenberg
  du Pont
  Franklin            All models except 1933-34 Olympic
                      Sixes.
  Frazer Nash
  Graham              1930-1931:  Series 137.
  Graham-Paige        1929-1930:  Series 837.
  Hispano Suiza
  Horch
  Hotchkiss
  Invicta
  Isotta Fraschini
  Jaguar
  Jordan              Speedway Series 'Z' only.
  Kissel              1925, 1926 and 1927:  Model 8-75.
                      1928:  Model 8-90, and 8-90 White
                      Eagle.
                      1929:  Model 8-126, and 8-90 White
                      Eagle.
                      1930:  Model 8-126.
                      1931:  Model 8-126.
  Lagonda
  Lancia
  La Salle            1927 through 1933 only.
  Lincoln             All models K, L, KA, and KB.
                      1941:  Model 168H.
                      1942:  Model 268H.
  Lincoln
   Continental        1939 through 1948.
  Locomobile          All models 48 and 90.
                      1927:  Model 8-80.
                      1928:  Model 8-80.
                      1929:  Models 8-80 and 8-88.
  Marmon              All 16-cylinder models.
                      1925:  Model 74.
                      1926:  Model 74.
                      1927:  Model 75.
                      1928:  Model E75.
                      1930:  Big 8 model.
                      1931:  Model 88, and Big 8.
  Maybach
  McFarlan
  Mercedes Benz       All models 2.2 litres and up.
  Mercer
  M.G.                6-cylinder models only.
  Minerva
  Nash                1931:  Series 8-90.
                      1932:  Series 9-90,
                      Advanced 8, and Ambassador 8.
                      1933-1934:  Ambassador 8.
  Packard             1925 through 1934:  All models.
                      1935 through 1942:  Models 1200,
                      1201, 1202, 1203, 1204, 1205, 1207,
                      1208, 1400, 1401, 1402, 1403, 1404,
                      1405, 1407, 1408, 1500, 1501, 1502,
                      1506, 1507, 1508, 1603, 1604, 1605,
                      1607, 1608, 1705, 1707, 1708, 1806,
                      1807, 1808, 1906, 1907, 1908, 2006,
                      2007, and 2008 only.
                      1946 and 1947:  Models 2106 and
                      2126 only.
  Peerless            1926 through 1928:  Series 69.
                      1930-1931:  Custom 8.
                      1932:  Deluxe Custom 8.
  Pierce Arrow
  Railton
  Renault             Grand Sport model only.
  Reo                 1930-1931:  Royale Custom 8, and
                      Series 8-35 and 8-52 Elite 8.
                      1933:  Royale Custom 8.
  Revere
  Roamer              1925:  Series 8-88, 6-54e, and 4-75.
                      1926:  Series 4-75e, and 8-88.
                      1927-1928:  Series 8-88.
                      1929:  Series 8-88, and 8-125.
                      1930:  Series 8-125.
  Rohr
  Rolls Royce
  Ruxton
  Salmson
  Squire
  Stearns Knight
  Stevens Duryea
  Steyr
  Studebaker          1929-1933:  President,
                      except model 82.
  Stutz
  Sunbeam
  Talbot
  Triumph             Dolomite 8 and Gloria 6.
  Vauxhall            Series 25-70 and 30-98 only.
  Voisin
  Wills Saint Claire
    No commercial vehicles such as hearses, ambulances, or 
trucks are considered to be classic cars. 
    Sec. 6.  Minnesota Statutes 1990, section 168.12, 
subdivision 2, is amended to read: 
    Subd. 2.  [AMATEUR RADIO STATION LICENSEE; SPECIAL LICENSE 
PLATES.] Any applicant who is an owner or joint owner of a 
passenger automobile, van or pickup truck, or a self-propelled 
recreational vehicle, and a resident of this state, and who 
holds an official amateur radio station license, or a citizens 
radio service class D license, in good standing, issued by the 
Federal Communications Commission shall upon compliance with all 
laws of this state relating to registration and the licensing of 
motor vehicles and drivers, be furnished with license plates for 
the motor vehicle, as prescribed by law, upon which, in lieu of 
the numbers required for identification under subdivision 1, 
shall be inscribed the official amateur call letters of the 
applicant, as assigned by the Federal Communications 
Commission.  The applicant shall pay in addition to the 
registration tax required by law, the sum of $10 for the special 
license plates, and at the time of delivery of the special 
license plates the applicant shall surrender to the registrar 
the current license plates issued for the motor vehicle.  This 
provision for the issue of special license plates shall apply 
only if the applicant's vehicle is already registered in 
Minnesota so that the applicant has valid regular Minnesota 
plates issued for that vehicle under which to operate it during 
the time that it will take to have the necessary special license 
plates made.  If owning or jointly owning more than one motor 
vehicle of the type specified in this subdivision, the applicant 
may apply for special plates for each of not more than two 
vehicles, and, if each application complies with this 
subdivision, the registrar shall furnish the applicant with the 
special plates, inscribed with the official amateur call letters 
and other distinguishing information as the registrar considers 
necessary, for each of the two vehicles.  And the registrar may 
make reasonable rules governing the use of the special license 
plates as will assure the full compliance by the owner and 
holder of the special plates, with all existing laws governing 
the registration of motor vehicles, the transfer and the use 
thereof. 
    Despite any contrary provision of subdivision 1, the 
special license plates issued under this subdivision may be 
transferred to another motor vehicle upon the payment of a fee 
of $5.  The fee must be paid into the state treasury and 
credited to the highway user tax distribution fund.  The 
registrar must be notified of the transfer and may prescribe a 
form for the notification.  
    Fees collected under this subdivision must be paid into the 
state treasury and credited to the highway user tax distribution 
fund. 
    Sec. 7.  Minnesota Statutes 1990, section 168.12, 
subdivision 5, is amended to read: 
    Subd. 5.  [ADDITIONAL FEE.] In addition to any fee 
otherwise authorized or any tax otherwise imposed upon any motor 
vehicle, the payment of which is required as a condition to the 
issuance of any number license plate or plates, the commissioner 
of public safety may impose a fee of $2 for a that is calculated 
to cover the cost of manufacturing and issuing the license plate 
for a motorcycle, motorized bicycle, or motorized sidecar, and 
$2 for license or plates, other than except for license plates 
issued to disabled veterans as defined in section 168.031 and 
license plates issued pursuant to section 168.124 or 168.27, 
subdivisions 16 and 17, for passenger automobiles.  Graphic 
design license plates shall only be issued for vehicles 
registered pursuant to section 168.017 and recreational vehicles 
registered pursuant to section 168.013, subdivision 1g. 
    Fees collected under this subdivision must be paid into the 
state treasury and credited to the highway user tax distribution 
fund. 
    Sec. 8.  Minnesota Statutes 1990, section 168.128, is 
amended by adding a subdivision to read: 
    Subd. 4.  [FEES CREDITED TO HIGHWAY USER FUND.] Fees 
collected from the sale of license plates under this section 
must be paid into the state treasury and credited to the highway 
user tax distribution fund. 
    Sec. 9.  Minnesota Statutes 1990, section 168.187, 
subdivision 17, is amended to read: 
    Subd. 17.  [TRIP PERMITS.] The commission may, Subject to 
agreements or arrangements made or entered into pursuant to 
subdivision 7, the commissioner may issue trip permits for use 
of Minnesota highways by individual vehicles, on an occasional 
basis, for periods not to exceed 120 hours in compliance with 
rules promulgated pursuant to subdivision 23 and upon payment of 
a fee of $15. 
    Sec. 10.  Minnesota Statutes 1990, section 168.187, 
subdivision 26, is amended to read: 
    Subd. 26.  [DELINQUENT FILING OR PAYMENT.] If a fleet owner 
licensed under this section and section 296.17, subdivision 
9a, 3 is delinquent in either the filing or payment of paying 
the international fuel tax agreement reports for more than 30 
days, or the payment of paying the international registration 
plan billing for more than 30 days, the fleet owner, after ten 
days' written notice, is subject to suspension of the 
apportioned license plates and the international fuel tax 
agreement license. 
    Sec. 11.  Minnesota Statutes 1990, section 168.29, is 
amended to read: 
    168.29 [DUPLICATE REPLACEMENT PLATES.] 
    In the event of the defacement, loss or destruction of any 
number plates or validation stickers, the registrar, upon 
receiving and filing a sworn statement of the vehicle owner, 
setting forth the circumstances of the defacement, loss, 
destruction or theft of the number plates or validation 
stickers, together with any defaced plates or stickers and the 
payment of the a fee of $5 calculated to cover the cost of 
replacement, shall issue a new set of plates, except for 
duplicate personalized license plates provided for in section 
168.12, subdivision 2a.  The registrar shall impose a fee to 
replace personalized plates not to exceed the actual cost of 
producing the plates or stickers.  
    The registrar shall then note on the registrar's records 
the issue of such new number plates and shall proceed in such 
manner as the registrar may deem advisable to cancel and call in 
the original plates so as to insure against their use on another 
motor vehicle.  
    Duplicate registration certificates plainly marked as 
duplicates may be issued in like cases upon the payment of a $1 
fee. 
    Fees collected under this section must be paid into the 
state treasury and credited to the highway user tax distribution 
fund. 
    Sec. 12.  Minnesota Statutes 1990, section 169.67, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MOTOR VEHICLES.] Every motor vehicle, 
other than a motorcycle, when operated upon a highway, shall be 
equipped with brakes adequate to control the movement of and to 
stop and hold such vehicle, including two separate means of 
applying the brakes, each of which means shall be effective to 
apply the brakes to at least two wheels.  If these two separate 
means of applying the brakes are connected in any way, they 
shall be so constructed that failure of any one part of the 
operating mechanism shall not leave the motor vehicle without 
brakes on at least two wheels.  The requirement in this 
subdivision for separate braking systems does not apply to a 
commercial motor vehicle described in section 169.781, 
subdivision 5, paragraph (d). 
    Sec. 13.  Minnesota Statutes 1991 Supplement, section 
169.781, subdivision 5, is amended to read: 
    Subd. 5.  [INSPECTION DECALS.] (a) A person inspecting a 
commercial motor vehicle shall issue an inspection decal for the 
vehicle if each inspected component of the vehicle complies with 
federal motor carrier safety regulations.  The decal must state 
that in the month specified on the decal the vehicle was 
inspected and each inspected component complied with federal 
motor carrier safety regulations.  The decal is valid for 12 
months after the month specified on the decal.  The 
commissioners of public safety and transportation shall make 
decals available, at a fee of not more than $2 for each decal, 
to persons certified to perform inspections under subdivision 3, 
paragraph (b). 
    (b) Minnesota inspection decals may be affixed only to 
commercial motor vehicles bearing Minnesota-based license plates.
    (c) Notwithstanding paragraph (a), a person inspecting (1) 
a vehicle of less than 57,000 pounds gross vehicle weight and 
registered as a farm truck, or (2) a storage semitrailer, or (3) 
a building mover vehicle must issue an inspection decal to the 
vehicle unless the vehicle has one or more defects that would 
result in the vehicle being declared out of service under the 
North American Uniform Driver, Vehicle, and Hazardous Materials 
Out-of-Service Criteria issued by the federal highway 
administration and the commercial motor vehicle safety 
alliance.  A decal issued to a vehicle described in clause 
(1) or, (2), or (3) is valid for two years from the date of 
issuance.  A decal issued to such a vehicle must clearly 
indicate that it is valid for two years from the date of 
issuance. 
    (d) Notwithstanding paragraph (a), a commercial motor 
vehicle that (1) is registered as a farm truck, (2) is not 
operated more than 75 miles from the owner's home post office, 
and (3) was manufactured before 1979 that has a dual 
transmission system, is not required to comply with a 
requirement in an inspection standard that requires that the 
service brake system and parking brake system be separate 
systems in the motor vehicle. 
    Sec. 14.  Minnesota Statutes 1990, section 171.02, is 
amended by adding a subdivision to read: 
    Subd. 4.  [RESTRICTED COMMERCIAL DRIVERS' LICENSES.] (a) 
The commissioner may issue restricted commercial drivers' 
licenses and take the following actions to the extent that the 
actions are authorized by regulation of the United States 
Department of Transportation entitled "waiver for farm-related 
service industries" as published in the Federal Register, April 
17, 1992: 
    (1) prescribe examination requirements and other 
qualifications for the license; 
    (2) prescribe classes of vehicles that may be operated by 
holders of the license; 
    (3) specify commercial motor vehicle operation that is 
authorized by the license, and prohibit other commercial vehicle 
operation by holders of the license; and 
    (4) prescribe the period of time during which the license 
is valid. 
    (b) Restricted commercial drivers' licenses are subject to 
sections 171.165 and 171.166 in the same manner as other 
commercial drivers' licenses. 
    (c) Actions of the commissioner under this subdivision are 
not subject to sections 14.05 to 14.47 of the administrative 
procedure act. 
    Sec. 15.  Minnesota Statutes 1991 Supplement, section 
171.07, subdivision 3, is amended to read: 
    Subd. 3.  [IDENTIFICATION CARD; FEE.] Upon payment of the 
required fee, the department shall issue to every applicant 
therefor a Minnesota identification card.  The department may 
not issue a Minnesota identification card to a person who has a 
driver's license, other than an instruction permit or a limited 
license.  The card must bear a distinguishing number assigned to 
the applicant, a colored photograph or an electronically 
produced image, the full name, date of birth, residence address, 
a description of the applicant in the manner as the commissioner 
deems necessary, and a space upon which the applicant shall 
write the usual signature and the date of birth of the applicant 
with pen and ink. 
    Each Minnesota identification card must be plainly marked 
"Minnesota identification card - not a driver's license."  
    The fee for a Minnesota identification card issued to a 
person who is mentally retarded, as defined in section 252A.02, 
subdivision 2, or to a physically disabled person, as defined in 
section 169.345, subdivision 2, is 50 cents. 
    Sec. 16.  Minnesota Statutes 1990, section 222.50, 
subdivision 7, is amended to read: 
    Subd. 7.  The commissioner may expend money from the rail 
service improvement account for the following purposes: 
    (a) To pay interest adjustments on loans guaranteed under 
the state rail user loan guarantee program; 
    (b) To pay a portion of the costs of capital improvement 
projects designed to improve rail service including construction 
or improvement of short segments of rail line such as side 
track, team track and connections between existing lines, and 
construction and improvement of loading, unloading, storage and 
transfer facilities of a rail user; 
    (c) To acquire, maintain, manage and dispose of railroad 
right-of-way pursuant to the state rail bank program; 
    (d) To provide for aerial photography survey of proposed 
and abandoned railroad tracks for the purpose of recording and 
reestablishing by analytical triangulation the existing 
alignment of the inplace track; or 
    (e) To pay a portion of the costs of acquiring a rail line 
by a regional railroad authority established pursuant to chapter 
398A; 
    (f) To pay for the maintenance of rail lines and 
rights-of-way acquired for the state rail bank under section 
222.63, subdivision 2c; and 
    (g) To pay the state matching portion of federal grants for 
rail-highway grade crossing improvement projects. 
    All money derived by the commissioner from the disposition 
of railroad right-of-way or of any other property acquired 
pursuant to sections 222.46 to 222.62 shall be deposited in the 
rail service improvement account. 
    Sec. 17.  Minnesota Statutes 1990, section 222.63, 
subdivision 2, is amended to read: 
    Subd. 2.  [PURPOSE.] A state rail bank shall be established 
for the acquisition and preservation of abandoned rail lines and 
right-of-way rights-of-way, and of rail lines and rights-of-way 
proposed for abandonment in a railroad company's system diagram 
map, for future public use including trail use, or for 
disposition for commercial use in serving the public, by 
providing transportation of persons or freight or transmission 
of energy, fuel, or other commodities.  Abandoned rail lines and 
rights-of-way may be acquired for trail use by another state 
agency or department or by a political subdivision only if (1) 
no future commercial transportation use is identified by the 
commissioner, and (2) the commissioner and the owner of the 
abandoned rail line have not entered into or are not conducting 
good-faith negotiations for acquisition of the property.  
    Sec. 18.  Minnesota Statutes 1990, section 222.63, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [ACQUISITION.] The commissioner of 
transportation may acquire by purchase all or part of any 
abandoned rail line or right-of-way or rail line or right-of-way 
proposed for abandonment in a railroad company's system diagram 
map which is necessary for preservation in the state rail bank 
to meet the future public and commercial transportation and 
transmission needs of the state.  The commissioner shall not may 
acquire any by eminent domain under chapter 117 an interest in 
an abandoned rail line lines or right-of-way for inclusion in 
the state rail bank rights-of-way except that the commissioner 
may not acquire by eminent domain except to quiet title or when 
all owners as defined in section 117.025 that are known to the 
court have no objection to the taking rail lines or 
rights-of-way that are not abandoned or are owned by a political 
subdivision of the state or by another state.  All property 
taken by exercise of the power of eminent domain under this 
subdivision is declared to be taken for a public governmental 
purpose and as a matter of public necessity. 
    Sec. 19.  Minnesota Statutes 1990, section 222.63, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISPOSITION PERMITTED.] The commissioner may 
lease any rail line or right-of-way held in the state rail bank 
or enter into an agreement with any person for the operation of 
any rail line or right-of-way for any of the purposes set forth 
in subdivision 2 in accordance with a fee schedule to be 
developed by the commissioner in consultation with the advisory 
task force established in section 222.65.  The commissioner may 
after consultation convey any rail line or right-of-way, for 
consideration or for no consideration and upon other terms as 
the commissioner may determine to be in the public interest, to 
any other state agency or to a governmental subdivision of the 
state having power by law to utilize it for any of the purposes 
set forth in subdivision 2.  
    Sec. 20.  [296.171] [FUEL TAX COMPACTS.] 
    Subdivision 1.  [AUTHORITY.] The commissioner of public 
safety has the powers granted to the commissioner of revenue 
under section 296.17.  The commissioner of public safety may 
enter into an agreement or arrangement with the duly authorized 
representative of another state or make an independent 
declaration, granting to owners of vehicles properly registered 
or licensed in another state, benefits, privileges, and 
exemptions from paying, wholly or partially, fuel taxes, fees, 
or other charges imposed for operating the vehicles under the 
laws of Minnesota.  The agreement, arrangement, or declaration 
may impose terms and conditions not inconsistent with Minnesota 
laws. 
    Subd. 2.  [RECIPROCAL PRIVILEGES AND TREATMENT.] An 
agreement or arrangement must be in writing and provide that 
when a vehicle properly licensed for fuel in Minnesota is 
operated on highways of the other state, it must receive 
exemptions, benefits, and privileges of a similar kind or to a 
similar degree as are extended to a vehicle properly licensed 
for fuel in that state, when operated in Minnesota.  A 
declaration must be in writing and must contemplate and provide 
for mutual benefits, reciprocal privileges, or equitable 
treatment of the owner of a vehicle registered for fuel in 
Minnesota and the other state.  In the judgment of the 
commissioner of public safety, an agreement, arrangement, or 
declaration must be in the best interest of Minnesota and its 
citizens and must be fair and equitable regarding the benefits 
that the agreement brings to the economy of Minnesota. 
    Subd. 3.  [COMPLIANCE WITH MINNESOTA LAWS.] Agreements, 
arrangements, and declarations made under authority of this 
section must contain a provision specifying that no fuel 
license, or exemption issued or accruing under the license, 
excuses the operator or owner of a vehicle from compliance with 
Minnesota laws. 
    Subd. 4.  [EXCHANGES OF INFORMATION.] The commissioner of 
public safety may make arrangements or agreements with other 
states to exchange information for audit and enforcement 
activities in connection with fuel tax licensing.  The filing of 
fuel tax returns under this section is subject to the rights, 
terms, and conditions granted or contained in the applicable 
agreement or arrangement made by the commissioner under the 
authority of this section. 
    Subd. 5.  [BASE STATE FUEL COMPACT.] The commissioner of 
public safety may ratify and effectuate the international fuel 
tax agreement or other fuel tax agreement.  The commissioner's 
authority includes, but is not limited to, collecting fuel taxes 
due, issuing fuel licenses, issuing refunds, conducting audits, 
assessing penalties and interest, issuing fuel trip permits, 
issuing decals, and suspending or denying licensing. 
    Subd. 6.  [MINNESOTA-BASED INTERSTATE CARRIERS.] 
Notwithstanding the exemption contained in section 296.17, 
subdivision 9, as the commissioner of public safety enters into 
interstate fuel tax compacts requiring base state licensing and 
filing and eliminating filing in the nonresident compact states, 
the Minnesota-based motor vehicles registered under section 
168.187 will be required to license under the fuel tax compact 
in Minnesota. 
    Subd. 7.  [DELINQUENT FILING OR PAYMENT.] If a fleet owner 
licensed under this section is delinquent in either filing or 
paying the international fuel tax agreement reports for more 
than 30 days, or paying the international registration plan 
billing under section 168.187 for more than 30 days, the fleet 
owner, after ten days' written notice, is subject to suspension 
of the apportioned license plates and the international fuel tax 
agreement license. 
    Subd. 8.  [TRANSFERRING FUNDS TO PAY DELINQUENT FEES.] If a 
fleet owner licensed under this section is delinquent in either 
filing or paying the international fuel tax agreement reports 
for more than 30 days, or paying the international registration 
plan billing under section 168.187 for more than 30 days, the 
commissioner may authorize any credit in either the 
international fuel tax agreement account or the international 
registration plan account to be used to offset the liability in 
either the international registration plan account or the 
international fuel tax agreement account. 
    Subd. 9.  [FUEL COMPACT FEES.] License fees paid to the 
commissioner of public safety under the international fuel tax 
agreement must be deposited in the highway user tax distribution 
fund.  The commissioner shall charge the fuel license fee of $30 
established under section 296.17, subdivision 10, in annual 
installments of $15 and an annual application filing fee of $13 
for quarterly reporting of fuel tax.  
    Subd. 10.  [FUEL DECAL FEES.] The commissioner of public 
safety may issue and require the display of a decal or other 
identification to show compliance with subdivision 5.  The 
commissioner may charge a fee to cover the cost of issuing the 
decal or other identification.  Decal fees paid to the 
commissioner under this subdivision must be deposited in the 
highway user tax distribution fund. 
    Sec. 21.  [REPEALER.] 
    Minnesota Statutes 1990, sections 222.63, subdivision 5; 
and 296.17, subdivision 9a, are repealed. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:25 a.m.