Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 354-H.F.No. 2205 
                  An act relating to agriculture; recreation; providing 
                  for the sale of nonoxygenated special recreational 
                  fuel; prescribing penalties; amending Minnesota 
                  Statutes 1994, sections 239.05, by adding 
                  subdivisions; 239.791, subdivision 1, and by adding 
                  subdivisions; and 239.80, subdivision 2, and by adding 
                  a subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [AIRPORT.] "Airport" has the meaning given it in 
        section 360.013, subdivision 5. 
           Sec. 2.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 6d.  [COLLECTOR VEHICLE.] "Collector vehicle" means a 
        motor vehicle for which the commissioner of public safety has 
        issued a pioneer license, classic car license, collector 
        license, or street rod license under section 168.10, or a motor 
        vehicle registered as a collector vehicle in another state. 
           Sec. 3.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 8f.  [MARINA.] "Marina" has the meaning given it in 
        section 86A.20, subdivision 5. 
           Sec. 4.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 8g.  [MOORING FACILITY.] "Mooring facility" has the 
        meaning given it in section 86A.20, subdivision 3. 
           Sec. 5.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 9a.  [MOTORCYCLE.] "Motorcycle" has the meaning given 
        it in section 168.011, subdivision 26. 
           Sec. 6.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 13b.  [RESORT.] "Resort" has the meaning given it in 
        section 157.15, subdivision 11. 
           Sec. 7.  Minnesota Statutes 1994, section 239.05, is 
        amended by adding a subdivision to read: 
           Subd. 15a.  [SNOWMOBILE.] "Snowmobile" has the meaning 
        given it in section 84.81, subdivision 3. 
           Sec. 8.  Minnesota Statutes 1994, section 239.791, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MINIMUM OXYGEN CONTENT REQUIRED.] Except 
        as provided in subdivisions 10 to 12, a person responsible for 
        the product shall comply with the following requirements: 
           (a) After October 1, 1993, gasoline sold or offered for 
        sale in a carbon monoxide control area, and during a carbon 
        monoxide control period, must contain at least 2.7 percent 
        oxygen by weight. 
           (b)  After October 1, 1995, gasoline sold or offered for 
        sale at any time in a carbon monoxide control area must contain 
        at least 2.7 percent oxygen by weight. 
           (c) (b) After October 1, 1997, all gasoline sold or offered 
        for sale in Minnesota must contain at least 2.7 percent oxygen 
        by weight. 
           Sec. 9.  Minnesota Statutes 1994, section 239.791, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [EXEMPTION FOR AIRPORTS, MARINAS, MOORING 
        FACILITIES, AND RESORTS.] A person responsible for the product 
        may offer for sale, sell, or dispense at an airport, marina, 
        mooring facility, or resort, for use in airplanes or for 
        purposes listed under subdivision 12, paragraph (a), gasoline 
        that is not oxygenated in accordance with subdivision 1 if the 
        gasoline is unleaded premium grade as defined in section 
        239.751, subdivision 4. 
           Sec. 10.  Minnesota Statutes 1994, section 239.791, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [EXEMPTION FOR MOTOR SPORTS RACING.] A person 
        responsible for the product may offer for sale, sell, or 
        dispense at a public or private racecourse, gasoline that is not 
        oxygenated in accordance with subdivision 1 if the gasoline is 
        intended to be used exclusively as a fuel for off-highway motor 
        sports racing events. 
           Sec. 11.  Minnesota Statutes 1994, section 239.791, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [EXEMPTION FOR COLLECTOR VEHICLES AND OFF-ROAD 
        USE.] (a) Except during a carbon monoxide control period in a 
        carbon monoxide control area, a person responsible for the 
        product may offer for sale, sell, or dispense at a retail 
        gasoline station for use in collector vehicles or vehicles 
        eligible to be licensed as collector vehicles, off-road 
        vehicles, motorcycles, boats, snowmobiles, or small engines, 
        gasoline that is not oxygenated in accordance with subdivision 1 
        if the person meets the conditions in paragraphs (b) to (d).  If 
        the nonoxygenated gasoline is for use in a small engine, it must 
        be dispensed into a can with a capacity of six or fewer gallons. 
           (b) The nonoxygenated gasoline must be unleaded premium 
        grade as defined in section 239.751, subdivision 4. 
           (c) No more than one storage tank on the premises of the 
        retail gasoline station may be used for storage of the 
        nonoxygenated gasoline offered for sale, sold, or dispensed by 
        the station. 
           (d) The pump stands must be posted with a permanent notice 
        stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR VEHICLES 
        OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR VEHICLES, 
        OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR SMALL 
        ENGINES ONLY." 
           Sec. 12.  Minnesota Statutes 1994, section 239.80, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] A person who fails to comply with any 
        provision of section 239.10; 239.101, subdivision 3; 239.761; 
        239.79; 239.791, subdivisions 1 to 11; or 239.792, is guilty of 
        a misdemeanor. 
           Sec. 13.  Minnesota Statutes 1994, section 239.80, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [NONOXYGENATED GASOLINE PENALTY.] A person who 
        fails to comply with section 239.791, subdivision 12, paragraph 
        (b), (c), or (d), is guilty of a misdemeanor. 
           Sec. 14.  [EFFECTIVE DATE.] 
           Sections 1 to 13 are effective the day following final 
        enactment. 
           Presented to the governor March 19, 1996 
           Signed by the governor March 21, 1996, 2:10 p.m.