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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 426-S.F.No. 3023 
                  An act relating to motor vehicles; modifying vehicle 
                  registration and titling provisions; modifying 
                  interstate commercial vehicle registration provisions 
                  to conform to interstate registration plan; conforming 
                  state open bottle law to federal law; allowing 
                  exception to requirement of school bus drivers to 
                  activate school bus stop signals; adopting federal 
                  odometer regulations; modifying provisions to conform 
                  to federal standards for emergency vehicle siren; 
                  modifying fee provisions; making technical and 
                  clarifying changes; amending Minnesota Statutes 1998, 
                  sections 168.012, subdivision 7; 168.017, subdivision 
                  3; 168.09, subdivision 6; 168.1235, subdivisions 1 and 
                  4; 168.1291; 168.13; 168.187, subdivision 8; 168.31, 
                  subdivision 4; 168.33, subdivision 7; 168.54, 
                  subdivisions 5 and 6; 168A.03; 168A.04, subdivision 5, 
                  and by adding a subdivision; 168A.06; 168A.13; 
                  168A.14; 168A.31, subdivision 1; 169.122, subdivisions 
                  1, 2, and 3; 169.443, subdivision 3; 169.68; 169.781, 
                  subdivision 3; 171.20, subdivision 4; and 325E.15; 
                  Minnesota Statutes 1999 Supplement, sections 168.15, 
                  subdivision 1; 168.16; and 171.29, subdivision 2; Laws 
                  1995, chapter 264, article 2, section 44, as amended; 
                  repealing Minnesota Statutes 1998, section 168.1292. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 168.012, 
        subdivision 7, is amended to read: 
           Subd. 7.  [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.] 
        The owner of a motor vehicles which vehicle that during any 
        calendar year, or in the case of a vehicle registered pursuant 
        to under section 168.017, during the registration period there 
        provided for in that section, are is not operated on a public 
        highway shall be is exempt from the provisions of this chapter 
        requiring registration, payment of tax, and penalties for tax 
        nonpayment thereof, provided that but only if the owner of any 
        such the vehicle shall first file files a verified written 
        application with the commissioner of public safety registrar, 
        correctly describing the vehicle and certifying that it has not 
        been and will not be operated upon a public highway. 
           Motor vehicles whose domicile is A motor vehicle domiciled 
        in a foreign state and are, legally licensed in that state, and 
        owned by a Minnesota resident shall be is exempt from the 
        provisions of this chapter and; except that it is subject to the 
        provisions of section 168.181, subdivision 3., provided, that 
        this exemption does not conflict with any existing reciprocal 
        agreement with the state in which the vehicle is domiciled. 
           Sec. 2.  Minnesota Statutes 1998, section 168.017, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXCEPTIONS.] (a) The registrar shall register 
        all vehicles subject to registration under the monthly series 
        system shall be registered by the registrar for a period of 12 
        consecutive calendar months, except as follows unless: 
           (a) if (1) the application is an original rather than 
        renewal application; or 
           (b) if (2) the applicant is a licensed motor vehicle lessor 
        under section 168.27, in which case the applicant may apply for 
        original or renewed registration of a vehicle for a period of 
        four or more months, the month of expiration to be designated by 
        the applicant at the time of registration.  However, to qualify 
        for this exemption, the applicant must present the application 
        to the registrar at St. Paul, or at deputy registrar offices as 
        the registrar may designate. 
           (b) In any instance except that of a licensed motor vehicle 
        lessor, the registrar may register shall not approve registering 
        the vehicle which is the subject of to the application for a 
        period of not less than three nor more than 15 calendar months, 
        except when the registrar determines that to do so otherwise 
        will help to equalize the registration and renewal work load of 
        the department. 
           Sec. 3.  Minnesota Statutes 1998, section 168.09, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SEMITRAILER.] On semitrailers For a semitrailer, 
        as defined in section 168.011, subdivision 14, a number plate 
        must be assigned to the registered owner as identification for 
        the vehicle and correlate with the certificate of title 
        documentation on file with the department.  This number 
        plate shall must not display a year designator.  The 
        registration card must indicate the number plate for the number 
        plate to be valid. 
           Sec. 4.  Minnesota Statutes 1998, section 168.1235, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REQUIREMENTS; FEES.] (a) On 
        payment of a fee of $10 for each set of two license plates, or 
        for a single plate in the case of a motorcycle plate, payment of 
        the registration tax required by law, and compliance with other 
        laws relating to the registration and licensing of a passenger 
        automobile, pickup truck, van, or self-propelled recreational 
        equipment, or motorcycle vehicle, as applicable, the registrar 
        shall issue a special license plate sticker for each plate to an 
        applicant who is a member of a congressionally chartered 
        veterans service organization and is an owner or joint owner of 
        a passenger automobile, pickup truck, van, or self-propelled 
        recreational equipment, or motorcycle vehicle. 
           (b) The additional fee of $10 is payable at the time of 
        initial application for the special license plate stickers and 
        when the license plates must be replaced or renewed.  An 
        applicant must not be issued more than two sets of special 
        license plate stickers for vehicles listed in paragraph (a) and 
        owned or jointly owned by the applicant. 
           (c) The commissioner of veterans affairs shall determine 
        what documentation is required by each applicant to show that 
        the applicant is a member of a congressionally chartered 
        veterans service organization and is entitled to the special 
        license plate stickers. 
           Sec. 5.  Minnesota Statutes 1998, section 168.1235, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PLATES TRANSFER.] Notwithstanding section 168.12 
        or other law to the contrary, on payment of a fee of $5, the 
        special plate stickers issued under subdivision 1, may be 
        transferred to other license plates on a passenger automobile, 
        pickup truck, van, motorcycle, or self-propelled recreational 
        equipment vehicle owned or jointly owned by the person to whom 
        the stickers were issued.  
           Sec. 6.  Minnesota Statutes 1998, section 168.1291, is 
        amended to read: 
           168.1291 [SPECIAL LICENSE PLATES; DESIGN.] 
           Subdivision 1.  [DEFINITION.] For purposes of this section 
        "special license plates" means license plates issued under 
        sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; and 
        168.129; and 168.1292. 
           Subd. 2.  [DESIGN OF SPECIAL LICENSE PLATES.] The 
        commissioner shall design a single special license plate that 
        will contain a unique number and a space for a unique symbol.  
        The commissioner shall design a unique symbol related to the 
        purpose of each special license plate.  Any provision of 
        sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129; 
        and 168.1292 that requires the placement of a specified letter 
        or letters on a special license plate applies to those license 
        plates only to the extent that the commissioner includes the 
        letter or letters in the design.  Where a law authorizing a 
        special license plate contains a specific requirement for 
        graphic design of that license plate, that requirement applies 
        to the appropriate unique symbol the commissioner designs. 
           Subd. 3.  [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE 
        SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e; 
        168.123; or 168.129; or 168.1292, beginning with special license 
        plates issued in calendar year 1996 the commissioner shall issue 
        each class of special license plates permanently marked with 
        specific designs under those laws only until the commissioner's 
        supply of those license plates is exhausted.  Thereafter the 
        commissioner shall issue under those laws only the license plate 
        authorized under subdivision 2, with the appropriate unique 
        symbol attached. 
           Subd. 4.  [FEES.] Notwithstanding section 168.12, 
        subdivisions 2b to 2e; 168.123; or 168.129; or 168.1292, the 
        commissioner shall charge a fee of $10 for each set of license 
        plates issued under this section. 
           Subd. 5.  [APPLICATION.] This section does not apply to a 
        special motorcycle license plate designed by the registrar under 
        section 168.123, subdivision 1, clause (2). 
           Sec. 7.  Minnesota Statutes 1998, section 168.13, is 
        amended to read: 
           168.13 [PROOF OF OWNERSHIP.] 
           (a) The registrar shall not approve no an application and 
        shall not issue no number plates for any motor vehicle, unless 
        and until the title certificate theretofore issued under chapter 
        168A, or registration certificate if not titled, is delivered to 
        the registrar, who shall.  The registrar must be satisfied from 
        the records that all taxes and fees due hereunder shall have 
        been paid, and that endorsements upon the certificate are in 
        writing and have been signed by the seller and purchaser.  
           (b) The registrar shall not register and shall not issue 
        number plates for a motor vehicles vehicle brought into 
        Minnesota from other states shall not be registered or have 
        number plates issued therefor another state until such: 
           (1) a registration certificate or other evidence of title 
        as may reasonably be required from the registrant within that 
        state be is surrendered to the registrar in the same manner as 
        certificates of this state,; or in lieu thereof, such view and 
           (2) the registrar receives evidence of the chain of 
        ownership be had as will assure the payment of the proper tax so 
        long as the motor vehicle shall be is in the state.  
           Sec. 8.  Minnesota Statutes 1999 Supplement, section 
        168.15, subdivision 1, is amended to read: 
           Subdivision 1.  [TRANSFER OF OWNERSHIP.] (a) Upon the 
        transfer of ownership, destruction, theft, dismantling as such, 
        or the permanent removal by the owner thereof from this state of 
        any motor vehicle registered in accordance with the provisions 
        of this chapter, the right of the owner of such the vehicle to 
        use the registration certificate and number plates assigned such 
        to the vehicle shall expire, and such certificate and any 
        existing plates shall be, by such owner, forthwith returned, 
        with transportation prepaid, to the registrar with a signed 
        notice of the date and manner of termination of ownership, 
        giving the name and post office address, with street and number, 
        if in a city, of the person to whom transferred.  No fee may be 
        charged for a return of plates under this section expires.  
           (b) When the ownership of a motor vehicle shall be is 
        transferred to another who shall forthwith register the same in 
        the other's name, the registrar may permit the manual delivery 
        of such plates to the new owner of such vehicle resident of this 
        state, the transferor shall surrender the registration plates, 
        unless otherwise provided for in this chapter, and assign the 
        registration tax paid to the credit of the transferee.  
           (c) When seeking to become the owner by gift, trade, or 
        purchase of any vehicle for which a registration certificate has 
        been theretofore issued under the provisions of this chapter, a 
        person shall join with the registered owner in transmitting with 
        the application the registration certificate, with the 
        assignment and notice of sale duly executed upon the reverse 
        side thereof, or, in case of loss of such the certificate, 
        with such proof of loss by sworn statement, in writing, as shall 
        be and satisfactory to the registrar.  Upon the transfer of any 
        motor vehicle by a manufacturer or dealer, for use within the 
        state, whether by sale, lease, or otherwise, such the 
        manufacturer or dealer shall, within ten days after such the 
        transfer, file with the registrar a notice or report containing 
        the date of such transfer, a description of such the motor 
        vehicles vehicle, and the transferee's name, street and number 
        of residence, if in a city, and the post office address of the 
        transferee, and shall also transmit therewith with it the 
        transferee's application for registration thereof. 
           Sec. 9.  Minnesota Statutes 1999 Supplement, section 
        168.16, is amended to read: 
           168.16 [REFUND; APPROPRIATION.] 
           After the tax upon any motor vehicle shall have has been 
        paid for any year, refund shall must be made for errors made in 
        computing the tax or fees and for the error on the part of an 
        owner who may in error have registered a motor vehicle that was 
        not before, nor at the time of registration, nor at any time 
        thereafter during the current past year, subject to tax in this 
        state as provided by section 168.012.  Unless otherwise provided 
        in this chapter, a claim for a refund of an overpayment of 
        registration tax must be filed within 3-1/2 years from the date 
        of payment.  The refundment shall refund must be made from any 
        fund in possession of the registrar and shall be deducted from 
        the registrar's monthly report to the commissioner of finance.  
        A detailed report of the refundment shall refund must accompany 
        the report.  The former owner of a transferred vehicle, by an 
        assignment in writing endorsed upon the registration certificate 
        and delivered to the registrar within the time provided herein 
        may sell and in this subdivision, shall assign, except for 
        vehicles registered under section 168.187, to the new owner 
        thereof the right to have the tax paid by the former owner 
        accredited to the owner who duly registers the vehicle.  Any 
        owner at the time of such occurrence, whose vehicle shall be is 
        declared by an insurance company to be a total loss due to flood 
        or tornado damage, permanently destroyed, or sold to the federal 
        government, the state, or a political subdivision thereof of the 
        state, shall upon filing a verified claim be entitled to a 
        refund of the unused portion of the tax paid upon the vehicle, 
        computed as follows: 
           (1) if the vehicle is registered under the calendar year 
        system of registration, the refund is computed pro rata by the 
        month, 1/12 of the annual tax paid for each month of the year 
        remaining after the month in which the plates and certificate 
        were returned to the registrar; 
           (2) in the case of a if the vehicle is registered under the 
        monthly series system of registration, the amount of the refund 
        is equal to the sum of the amounts of the license fee 
        attributable to those months remaining in the licensing period 
        after the month in which the plates and certificate were 
        returned to the registrar. 
           There is hereby appropriated to the persons entitled to a 
        refund, from the fund or account in the state treasury to which 
        the money was credited, an amount sufficient to make the refund 
        and payment.  
           Sec. 10.  Minnesota Statutes 1998, section 168.187, 
        subdivision 8, is amended to read: 
           Subd. 8.  [BASE STATE RECIPROCITY.] (1) Any agreement, 
        arrangement, or declaration made under the authority of this 
        section may contain provisions authorizing the registration or 
        licensing in another state of vehicles based in such the other 
        state, which vehicles otherwise would be required to be 
        registered or licensed in this state, except that such those 
        provisions shall not apply to passenger cars. 
           (2) For the purpose of this section, a vehicle shall be 
        deemed to be based in the state where it is most frequently 
        dispatched, garaged, serviced, maintained, operated or otherwise 
        controlled. 
           (3) For the purpose of this section, the owner of a vehicle 
        shall declare the state in which it is based, but the 
        commissioner of public safety shall make the final determination 
        of the state in which a the vehicle is based shall be made by 
        the commissioner of public safety of this state for the purpose 
        of determining liability for registration and other fees and 
        penalties due this state.  To the extent possible, The 
        commissioner of public safety shall be is governed, to the 
        extent possible, by the criteria specified in this section, and 
        agreement with the administrator of any other interested state. 
           (4) (3) Any agreement, arrangement, or declaration made 
        under this section may grant exemptions, benefits, and 
        privileges for vehicles in accordance with the its terms thereof.
           Sec. 11.  Minnesota Statutes 1998, section 168.31, 
        subdivision 4, is amended to read: 
           Subd. 4.  [INSTALLMENTS.] If the tax for a vehicle assessed 
        under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to 
        more than $400, the owner may pay such the tax by installments.  
        The owner shall tender with the application for registration 
        one-third of the annual tax due or $400, whichever is greater, 
        plus any penalties or arrears, plus a fee of $10.  Instead of 
        this fee, the applicant may furnish a bond, bank letter of 
        credit, or certificate of deposit approved by the registrar of 
        motor vehicles, for the total of the tax still due.  The amount 
        of the bond, letter of credit, or certificate of deposit may 
        include any penalties which are assessed.  The bond, letter of 
        credit, or certificate of deposit shall must be for the benefit 
        of the state for monetary loss caused by failure of the vehicle 
        owner to pay delinquent license fees and penalties.  The 
        remainder of the tax due shall must be paid in two equal 
        installments; the due date of the first installment shall be is 
        the first day of the fifth month of the registration period for 
        which the tax is assessed and the second installment shall be is 
        due on the first day of the ninth month of the registration 
        period for which the tax is assessed.  When the applicant elects 
        to pay the administrative fee, the registrar shall issue to the 
        applicant distinctive validation stickers for the installment 
        paid.  When the applicant elects to furnish a bond, bank letter, 
        or letter of deposit, the registrar shall issue regular 
        validation stickers for the registration year.  If an owner of a 
        vehicle fails to pay an installment on or before the its due 
        date thereof, the vehicle shall must not use be used on the 
        public streets or highways in this state until the installment 
        or installments of the tax remaining due on such the vehicle 
        shall have been paid in full for the licensed year together with 
        a penalty at the rate of $1 per day for the remainder of the 
        month in which the balance of the tax becomes due and $4 a month 
        for each succeeding month or fraction thereof of a month during 
        which the balance of the tax remains unpaid.  Upon the payment 
        of the balance of the tax and the penalties, the registrar shall 
        issue a registration certificate to the owner of the vehicle in 
        the manner provided by law.  The registrar shall deny 
        installment payment privileges provided in this subdivision in 
        the subsequent year to any owner on any or all vehicles of such 
        the owner who during the current year fails to pay any 
        installment due within one month after the due date. 
           Sec. 12.  Minnesota Statutes 1998, section 168.33, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FILING FEE.] In addition to all other statutory 
        fees and taxes, a filing fee of $3.50 is imposed on every 
        application; except that a filing fee may not be charged for a 
        document returned for a refund or for a correction of an error 
        made by the department or a deputy registrar.  The filing fee 
        shall be shown as a separate item on all registration renewal 
        notices sent out by the department of public safety.  No filing 
        fee or other fee may be charged for the permanent surrender of a 
        certificate of title and license plates for a motor vehicle.  
        Filing fees collected under this subdivision by the registrar 
        must be paid into the state treasury and credited to the highway 
        user tax distribution fund, except fees for registrations of new 
        motor vehicles.  Filing fees collected for registrations of new 
        motor vehicles in conjunction with a title transfer or first 
        application in this state must be paid into the state treasury 
        with 50 percent of the money credited to the general fund and 50 
        percent credited to the highway user tax distribution fund. 
           Sec. 13.  Minnesota Statutes 1998, section 168.54, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROCEEDS TO GENERAL FUND.] The registrar shall 
        collect the proceeds of the fee imposed under the provisions of 
        this section shall be collected by the commissioner of public 
        safety and paid into deposit them in the general fund pursuant 
        to section 168A.31. 
           Sec. 14.  Minnesota Statutes 1998, section 168.54, 
        subdivision 6, is amended to read: 
           Subd. 6.  [BALANCE TO GENERAL FUND.] The unobligated 
        balances in excess of $4,000 in said the transfer of ownership 
        revolving fund as of June 30 of each fiscal year shall be 
        canceled into cancel to the general fund.  
           Sec. 15.  Minnesota Statutes 1998, section 168A.03, is 
        amended to read: 
           168A.03 [EXEMPT VEHICLES.] 
           No The registrar shall not issue a certificate of 
        title need be obtained for: 
           (1) a vehicle owned by the United States, unless it is 
        registered in this state; 
           (2) a vehicle owned by a manufacturer or dealer and held 
        for sale, even though incidentally moved on the highway or used 
        pursuant to section 168.27 or 168.28, or a vehicle used by a 
        manufacturer solely for testing; 
           (3) a vehicle owned by a nonresident and not required by 
        law to be registered in this state; 
           (4) a vehicle owned by a nonresident and regularly engaged 
        in the interstate transportation of persons or property for 
        which a currently effective certificate of title has been issued 
        in another state; 
           (5) a vehicle moved solely by animal power; 
           (6) an implement of husbandry; 
           (7) special mobile equipment; 
           (8) a self-propelled wheelchair or invalid tricycle; 
           (9) a trailer (i) having a gross weight of 4,000 pounds or 
        less unless a secured party holds an interest in the trailer or 
        a certificate of title was previously issued by this state or 
        any other state or a trailer (ii) designed primarily for 
        agricultural purposes except recreational equipment or a 
        manufactured home, both as defined in section 168.011, 
        subdivisions 8 and 25; 
           (10) a snowmobile.  
           Sec. 16.  Minnesota Statutes 1998, section 168A.04, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.] 
        Except as provided in subdivision 6, if the application refers 
        to a specially constructed vehicle or a reconstructed vehicle, 
        the application shall so state and shall contain or be 
        accompanied by: 
           (1) Any information and documents the department reasonably 
        requires to establish the ownership of the vehicle and the 
        existence or nonexistence and priority of security interests in 
        it; 
           (2) The certificate of a person authorized by the 
        department that the identifying number of the vehicle has been 
        inspected and found to conform to the description given in the 
        application, or any other proof of the identity of the vehicle 
        the department reasonably requires. 
           Sec. 17.  Minnesota Statutes 1998, section 168A.04, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [ASSEMBLED MOTORCYCLES.] (a) If the application 
        refers to an assembled motorcycle, the application must so state 
        and be accompanied by: 
           (1) a manufacturer's statement or certificate of origin 
        from a recognized motorcycle manufacturer for the frame, 
        complete engine or engine cases, provided that if a statement or 
        certificate of origin is submitted for engine cases it must also 
        be accompanied by copies of original documentation for cylinder 
        heads, cylinders, flywheels, and piston and rod assemblies; and 
           (2) vendor receipts or copies of the receipts from 
        suppliers on the transmission assembly, engine assembly, fork 
        assembly, and front and rear wheel assemblies.  If the applicant 
        is a motorcycle assembler, the applicant must also provide 
        copies of original vendor receipts for the assemblies listed in 
        this clause.  
           (b) An assembled motorcycle for which the documentation 
        required under paragraph (a), clauses (1) and (2), has been 
        submitted is not subject to the filing requirement of section 
        168A.07, subdivision 1, clause (2). 
           Sec. 18.  Minnesota Statutes 1998, section 168A.06, is 
        amended to read: 
           168A.06 [DELIVERY OF CERTIFICATE.] 
           The certificate of title shall must be mailed delivered to 
        the owner named in it.  Secured parties, if any, shall must be 
        mailed notification of their security interest filed. 
           Sec. 19.  Minnesota Statutes 1998, section 168A.13, is 
        amended to read: 
           168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF 
        REGISTRATION CARD AND PLATES.] 
           Subdivision 1.  [FEE ACCOMPANIES APPLICATION FOR 
        CERTIFICATE.] An application for a certificate of title shall 
        must be accompanied by the required fee fees when mailed or 
        delivered to the department.  
           Subd. 2.  [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED 
        PARTY.] An application for the naming of a secured party or the 
        party's assignee on a certificate of title shall must be 
        accompanied by the required fee fees when mailed or delivered to 
        the department.  
           Subd. 3.  [DELIVERY OF REGISTRATION CARD AND PLATES.] A 
        transferor of a vehicle, other than a dealer transferring a new 
        vehicle, shall deliver to the transferee at the time of the 
        delivery of possession of the vehicle the registration card and 
        license plates for the vehicle.  
           Sec. 20.  Minnesota Statutes 1998, section 168A.14, is 
        amended to read: 
           168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES 
        SURRENDERED.] 
           Subdivision 1.  [NEW CERTIFICATE AFTER ASSIGNMENT.] The 
        department, upon receipt of a properly assigned certificate of 
        title, with an application for a new certificate of title, the 
        required fees and taxes, and any other documents required by 
        law, shall issue a new certificate of title in the name of the 
        transferee as owner and list any secured party named on it and 
        mail deliver it to the owner.  The secured party or parties 
        shall must be issued a notification that the security interest 
        has been filed. 
           Subd. 1a.  [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.] 
        The department, upon receipt of an affidavit as provided in 
        section 524.3-1201(a), an application for a new certificate of 
        title, and any required fee, shall issue a new certificate of 
        title in the name of the successor as owner, listing any secured 
        party on it.  The department shall mail deliver the certificate 
        to the successor and shall issue any secured party a 
        notification that the security interest has been filed. 
           Subd. 2.  [NEW CERTIFICATE AFTER NONVOLUNTARY TRANSFER.] 
        The department, upon receipt of an application for a new 
        certificate of title by a transferee other than by voluntary 
        transfer, with proof of the transfer, the required fees and 
        taxes, and any other documents required by law, shall issue a 
        new certificate of title in the name of the transferee as 
        owner.  If the outstanding certificate of title is not delivered 
        to it, the department shall make demand therefor from the holder 
        thereof.  
           Subd. 3.  [SURRENDERED CERTIFICATE.] The department shall 
        file and retain for seven years every surrendered certificate of 
        title, the file to be maintained so as to permit the tracing of 
        title of the vehicle designated therein.  
           Sec. 21.  Minnesota Statutes 1998, section 168A.31, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PAID TO GENERAL FUND.] All fees prescribed 
        by sections 168A.01 to 168A.31 and 168.54 collected by the 
        department shall must be paid into the general fund.  
           Sec. 22.  Minnesota Statutes 1998, section 169.122, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ACT PROHIBITED.] No person shall drink or 
        consume intoxicating liquors an alcoholic beverage, distilled 
        spirit, or 3.2 percent malt liquors liquor in any motor vehicle 
        when such the vehicle is upon a public highway.  
           Sec. 23.  Minnesota Statutes 1998, section 169.122, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION PROHIBITED.] (a) No person shall have 
        in possession while in a private motor vehicle upon a public 
        highway, any bottle or receptacle containing intoxicating liquor 
        an alcoholic beverage, distilled spirit, or 3.2 percent malt 
        liquor which that has been opened, or the seal broken, or the 
        contents of which have been partially removed.  
           (b) For purposes of this section, "possession" means either 
        that the person had actual possession of the bottle or 
        receptacle or that the person consciously exercised dominion and 
        control over the bottle or receptacle.  This subdivision does 
        not apply to a bottle or receptacle that is in the trunk of the 
        vehicle if it is equipped with a trunk, or that is in another 
        area of the vehicle not normally occupied by the driver and 
        passengers if the vehicle is not equipped with a trunk. 
           Sec. 24.  Minnesota Statutes 1998, section 169.122, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIABILITY OF NONPRESENT OWNER.] (a) It shall be 
        is unlawful for the owner of any private motor vehicle or the 
        driver, if the owner be is not then present in the motor 
        vehicle, to keep or allow to be kept in a motor vehicle 
        when such the vehicle is upon the public highway any bottle or 
        receptacle containing intoxicating liquors an alcoholic 
        beverage, distilled spirit, or 3.2 percent malt liquors which 
        liquor that has been opened, or the seal broken, or the contents 
        of which have been partially removed except when such.  
           (b) This subdivision does not apply to a bottle or 
        receptacle shall be kept that is in the trunk of the motor 
        vehicle when such the vehicle is equipped with a trunk, or kept 
        that is in some other area of the vehicle not normally occupied 
        by the driver or passengers, if the motor vehicle is not 
        equipped with a trunk.  
           (c) A utility compartment or glove compartment shall be is 
        deemed to be within the area occupied by the driver and 
        passengers. 
           Sec. 25.  Minnesota Statutes 1998, section 169.443, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
        not activate the prewarning flashing amber signals or flashing 
        red signals and shall not use the stop arm signal: 
           (1) in special school bus loading areas where the bus is 
        entirely off the traveled portion of the roadway and where no 
        other motor vehicle traffic is moving or is likely to be moving 
        within 20 feet of the bus; 
           (2) when directed not to do so, in writing, by the local 
        school board; 
           (3) when a school bus is being used on a street or highway 
        for purposes other than the actual transportation of school 
        children to or from school or a school-approved activity, except 
        as provided in subdivision 8; 
           (4) at railroad grade crossings; and 
           (5) when loading and unloading people at designated school 
        bus stops where people are not required to cross the street or 
        highway, while the bus is completely off the traveled portion of 
        a separated, one-way roadway that has adequate shoulders.  The 
        driver shall drive the bus completely off the traveled portion 
        of this roadway before loading or unloading people.  A school 
        bus stop is designated under this clause if the transportation 
        director of the school district in which the bus stop is 
        located, in consultation with the road authority, certifies the 
        integrity of the shoulder and the safety of the location for 
        loading and unloading people.  Each designated school bus stop 
        must be documented and approved by the school board. 
           Sec. 26.  Minnesota Statutes 1998, section 169.68, is 
        amended to read: 
           169.68 [HORN, SIREN.] 
           (a) Every motor vehicle when operated upon a highway shall 
        must be equipped with a horn in good working order and capable 
        of emitting sound audible under normal conditions from a 
        distance of not less than 200 feet, but no.  However, the horn 
        or other warning device shall must not emit an unreasonably loud 
        or harsh sound or a whistle.  The driver of a motor vehicle 
        shall, when reasonably necessary to insure safe operation, give 
        audible warning with the horn, but shall not otherwise use such 
        the horn when upon a highway. 
           No (b) A vehicle shall must not be equipped with, nor 
        shall any and a person shall not use upon a vehicle, any siren, 
        whistle, or bell, except as otherwise permitted in this section. 
           (c) It is permissible, but not required, that for any 
        commercial vehicle to be equipped with a theft alarm signal 
        device which is, so arranged that it cannot be used by the 
        driver as an ordinary warning signal.  
           (d) All authorized emergency vehicles shall must be 
        equipped with a siren capable of emitting sound audible under 
        normal conditions from a distance of not less than 500 feet and 
        of a type approved by the department of public safety, but 
        such conforming to the federal certification standards for 
        sirens, as determined by the General Services Administration.  
        However, the siren shall must not be used except when such the 
        vehicle is operated in response to an emergency call or in the 
        immediate pursuit of an actual or suspected violator of the law, 
        in which latter events the driver of such the vehicle shall 
        sound the siren when necessary to warn pedestrians and other 
        drivers of the vehicle's approach thereof. 
           Sec. 27.  Minnesota Statutes 1998, section 169.781, 
        subdivision 3, is amended to read: 
           Subd. 3.  [INSPECTOR CERTIFICATION; SUSPENSION AND 
        REVOCATION; HEARING.] (a) An inspection required by this section 
        may be performed only by: 
           (1) an employee of the department of public safety or 
        transportation who has been certified by the commissioner after 
        having received training provided by the state patrol; or 
           (2) another person who has been certified by the 
        commissioner after having received training provided by the 
        state patrol or other training approved by the commissioner. 
           (b) A person who is not an employee of the department of 
        public safety or transportation may be certified by the 
        commissioner if the person is:  (1) an owner, or employee of the 
        owner, of one or more commercial motor vehicles that are power 
        units; (2) a dealer licensed under section 168.27 and engaged in 
        the business of buying and selling commercial motor vehicles, or 
        an employee of the dealer; or (3) engaged in the business of 
        repairing and servicing commercial motor vehicles.  
        Certification of persons described in clauses (1) to (3) is 
        effective for two years from the date of certification.  The 
        commissioner may require biennial retraining of persons holding 
        a certificate under this paragraph as a condition of renewal of 
        the certificate.  The commissioner may charge a fee of not more 
        than $10 for each certificate issued and renewed.  A certified 
        person described in clauses (1) to (3) may charge a reasonable 
        fee of not more than $50 for each inspection of a vehicle not 
        owned by the person or the person's employer. 
           (c) Except as otherwise provided in subdivision 5, the 
        standards adopted by the commissioner for commercial motor 
        vehicle inspections under sections 169.781 to 169.783 shall be 
        the standards prescribed in Code of Federal Regulations, title 
        49, section 396.17, and in chapter III, subchapter B, appendix G.
        The commissioner may classify types of vehicles for inspection 
        purposes and may issue separate classes of inspector 
        certificates for each class. 
           The commissioner shall issue separate categories of 
        inspector certificates based on the following classifications: 
           (1) a class of certificate that authorizes the certificate 
        holder to inspect commercial motor vehicles without regard to 
        ownership or lease; and 
           (2) a class of certificate that authorizes the certificate 
        holder to inspect only commercial motor vehicles the certificate 
        holder owns or leases. 
           The commissioner shall issue a certificate described in 
        clause (1) only to a person described in paragraph (b), clause 
        (2) or (3). 
           (d) The commissioner, after notice and an opportunity for a 
        hearing, may suspend a certificate issued under paragraph (b) 
        for failure to meet annual certification requirements prescribed 
        by the commissioner or failure to inspect commercial motor 
        vehicles in accordance with inspection procedures established by 
        the state patrol.  The commissioner shall revoke a certificate 
        issued under paragraph (b) if the commissioner determines after 
        notice and an opportunity for a hearing that the certified 
        person issued an inspection decal for a commercial motor vehicle 
        when the person knew or reasonably should have known that the 
        vehicle was in such a state of repair that it would have been 
        declared out of service if inspected by an employee of the state 
        patrol.  Suspension and revocation of certificates under this 
        subdivision are not subject to sections 14.57 to 14.69. 
           Sec. 28.  Minnesota Statutes 1998, section 171.20, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
        reinstated, a person whose driver's license has been suspended 
        under section 171.16, subdivision 2; 171.18, except subdivision 
        1, clause (10); or 171.182, or who has been disqualified from 
        holding a commercial driver's license under section 171.165, 
        must pay a fee of $25 until June 30, 1999, and $20 thereafter.  
        When fees are collected by a county-operated office of deputy 
        registrar licensing agent appointed under section 171.061, a 
        handling charge is imposed in the amount specified under section 
        168.33 171.061, subdivision 7 4.  The handling charge must be 
        deposited in the treasury of the place for which the deputy 
        registrar was appointed and the reinstatement fee and surcharge 
        must be deposited in an approved state depository as directed 
        under section 168.33 171.061, subdivision 2 4.  A suspension may 
        be rescinded without fee for good cause. 
           Sec. 29.  Minnesota Statutes 1999 Supplement, section 
        171.29, subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169.121 or 169.123, shall pay a $30 fee before the 
        driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169.121 or 169.123 shall 
        pay a $250 fee plus a $40 surcharge before the driver's license 
        is reinstated.  The $250 fee is to be credited as follows: 
           (1) Twenty percent shall must be credited to the trunk 
        highway fund. 
           (2) Fifty-five percent shall must be credited to the 
        general fund. 
           (3) Eight percent shall must be credited to a separate 
        account to be known as the bureau of criminal apprehension 
        account.  Money in this account may be appropriated to the 
        commissioner of public safety and the appropriated amount shall 
        must be apportioned 80 percent for laboratory costs and 20 
        percent for carrying out the provisions of section 299C.065. 
           (4) Twelve percent shall must be credited to a separate 
        account to be known as the alcohol-impaired driver education 
        account.  Money in the account is appropriated as follows: 
           (i) the first $200,000 in a fiscal year is to the 
        commissioner of children, families, and learning for programs 
        for elementary and secondary school students.; and 
           (ii) the remainder credited in a fiscal year is 
        appropriated to the commissioner of transportation to be spent 
        as grants to the Minnesota highway safety center at St. Cloud 
        State University for programs relating to alcohol and highway 
        safety education in elementary and secondary schools. 
           (5) Five percent shall must be credited to a separate 
        account to be known as the traumatic brain injury and spinal 
        cord injury account.  The money in the account is annually 
        appropriated to the commissioner of health to be used as 
        follows:  35 percent for a contract with a qualified 
        community-based organization to provide information, resources, 
        and support to assist persons with traumatic brain injury and 
        their families to access services, and 65 percent to maintain 
        the traumatic brain injury and spinal cord injury registry 
        created in section 144.662.  For the purposes of this clause, a 
        "qualified community-based organization" is a private, 
        not-for-profit organization of consumers of traumatic brain 
        injury services and their family members.  The organization must 
        be registered with the United States Internal Revenue Service 
        under the provisions of section 501(c)(3) as a tax-exempt 
        organization and must have as its purposes:  
           (i) the promotion of public, family, survivor, and 
        professional awareness of the incidence and consequences of 
        traumatic brain injury; 
           (ii) the provision of a network of support for persons with 
        traumatic brain injury, their families, and friends; 
           (iii) the development and support of programs and services 
        to prevent traumatic brain injury; 
           (iv) the establishment of education programs for persons 
        with traumatic brain injury; and 
           (v) the empowerment of persons with traumatic brain injury 
        through participation in its governance. 
           No patient's name, identifying information or identifiable 
        medical data will be disclosed to the organization without the 
        informed voluntary written consent of the patient or patient's 
        guardian, or if the patient is a minor, of the parent or 
        guardian of the patient. 
           (c) The $40 surcharge shall must be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        program account.  The commissioner shall transfer the balance of 
        this account to the commissioner of finance on a monthly basis 
        for deposit in the general fund. 
           (d) When these fees are collected by a county-operated 
        office of deputy registrar licensing agent, appointed under 
        section 171.061, a handling charge is imposed in the amount 
        specified under section 168.33 171.061, subdivision 7 4.  The 
        handling charge must be deposited in the treasury of the place 
        for which the deputy registrar was appointed and the 
        reinstatement fees and surcharge must be deposited in an 
        approved state depository as directed under section 168.33 
        171.061, subdivision 2 4. 
           Sec. 30.  Minnesota Statutes 1998, section 325E.15, is 
        amended to read: 
           325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.] 
           No person shall transfer a motor vehicle without disclosing 
        in writing to the transferee the true mileage registered on the 
        odometer reading or that the actual mileage is unknown if the 
        odometer reading is known by the transferor to be different from 
        the true mileage.  The registrar of motor vehicles shall adopt, 
        pursuant to the Administrative Procedure Act, rules not 
        inconsistent with sections 325E.13 to 325E.16 or regulations 
        contained in Code of Federal Regulations, title 49, sections 
        580.1 to 580.17, as amended through October 1, 1998, 
        implementing Title IV of the Federal Motor Vehicle Information 
        and Cost Savings Act or any rules promulgated thereunder 
        prescribing prescribe the manner in which such written 
        disclosure shall must be made in this state and are adopted by 
        reference.  No transferor shall violate any rules regulations 
        adopted under this section or knowingly give a false statement 
        to a transferee in making any disclosure required by such rules 
        the regulations. 
           Sec. 31.  Laws 1995, chapter 264, article 2, section 44, as 
        amended by Laws 1996, chapter 471, article 2, section 27, and 
        Laws 1998, chapter 389, article 8, section 33, is amended to 
        read: 
           Sec. 44.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Sections 3 and 4 are effective June 1, 1995.  Section 4 is 
        repealed June 1, 2000. 
           Sections 5 to 21 and 43, paragraph (a), are effective July 
        1, 1995. 
           Sections 23, 28, 33, 40, 42, and the part of section 22 
        amending language in paragraph (i), clause (vii), are effective 
        the day following final enactment. 
           Sections 24 and 34 are effective for sales made after 
        December 31, 1996. 
           Section 25 is effective beginning with leases or rentals 
        made after June 30, 1995. 
           Section 26 is effective retroactively for sales after May 
        31, 1992. 
           Section 27 is effective for sales made after June 30, 1995. 
           Section 29 and the part of section 22 striking the language 
        after paragraph (h) are effective for sales after June 30, 1995. 
           Section 32 is effective for sales made after June 30, 1995, 
        and before July 1, 1999. 
           Sections 35 and 36 are effective for sales or transfers 
        made after June 30, 1995. 
           Section 38 is effective the day after the governing body of 
        the city of Winona complies with Minnesota Statutes, section 
        645.021, subdivision 3. 
           Section 39 is effective upon compliance by the Minneapolis 
        city council with Minnesota Statutes, section 645.021, 
        subdivision 3. 
           Section 43, paragraph (b), is effective for sales of 900 
        information services made after June 30, 1995. 
           Sec. 32.  [REPEALER.] 
           Minnesota Statutes 1998, section 168.1292, is repealed. 
           Sec. 33.  [EFFECTIVE DATE.] 
           Sections 22 to 24 are effective the day following final 
        enactment, for offenses committed after final enactment.  
        Sections 16, 17, 27, and 31 are effective the day following 
        final enactment. 
           Presented to the governor April 17, 2000 
           Signed by the governor April 20, 2000, 10:21 a.m.