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Office of the Revisor of Statutes

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

                            CHAPTER 295-S.F.No. 2263 
                  An act relating to transportation; providing for 
                  cost-sharing agreements with tribal authorities; 
                  authorizing commissioner of transportation to require 
                  electronic bids for highway contracts valued at 
                  $5,000,000 or more; providing for or changing 
                  expiration of certain transportation-related 
                  committees; authorizing local governments to designate 
                  roads for transporting permitted weights; providing 
                  for seasonal load restrictions on gravel roads; 
                  modifying bond requirements for certain vehicle 
                  dealers; modifying gross vehicle weight restrictions; 
                  setting a permit fee for certain vehicles; modifying 
                  interstate vehicle registration provisions; providing 
                  for certain license endorsement background checks; 
                  modifying driver's license fee provisions; defining 
                  agency for purposes of certain forfeitures; modifying 
                  highway rest area and land management provisions; 
                  making technical changes; amending Minnesota Statutes 
                  2002, sections 160.08, subdivision 7; 160.276; 
                  160.277; 160.278; 160.28; 161.23, subdivision 3; 
                  161.32, subdivision 1b; 161.433, subdivision 2; 
                  161.434; 162.021, subdivision 5; 162.07, subdivision 
                  5; 162.09, subdivision 2; 162.13, subdivision 3; 
                  168.187, by adding a subdivision; 168.27, subdivision 
                  24; 169.832, by adding a subdivision; 174.52, 
                  subdivision 3; 609.531, subdivision 1; Minnesota 
                  Statutes 2003 Supplement, sections 161.368; 162.02, 
                  subdivision 2; 169.86, subdivision 5; 171.20, 
                  subdivision 4; proposing coding for new law in 
                  Minnesota Statutes, chapters 160; 169; 171; repealing 
                  Minnesota Statutes 2002, section 174.55, as amended. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                          TRANSPORTATION MISCELLANEOUS 
           Section 1.  Minnesota Statutes 2003 Supplement, section 
        161.368, is amended to read: 
           161.368 [HIGHWAY CONTRACTS WITH TRIBAL AUTHORITIES.] 
           On behalf of the state, the commissioner may enter into 
        cost-sharing agreements with Indian tribal authorities for the 
        purpose of providing maintenance, design, and construction to 
        highways on tribal lands.  These agreements may include (1) a 
        provision for waiver of immunity from suit by a party to the 
        contract on the part of the tribal authority with respect to any 
        controversy arising out of the contract and (2) a provision 
        conferring jurisdiction on state district courts to hear such a 
        controversy. 
           Sec. 2.  Minnesota Statutes 2002, section 161.32, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
        bids electronically in a form and manner required by the 
        commissioner; however, the commissioner may require that all 
        bids of $5,000,000 and over for trunk highway contracts must be 
        submitted electronically.  Trunk highway construction contracts, 
        including design-build contracts, must be awarded to the lowest 
        responsible bidder, taking into consideration conformity with 
        the specifications, the purpose for which the contract or 
        purchase is intended, the status and capability of the vendor, 
        and other considerations imposed in the call for bids.  The 
        commissioner may decide which is the lowest responsible bidder 
        for all contracts and may use the principles of life-cycle 
        costing, when appropriate, in determining the lowest overall 
        bid.  Any or all bids may be rejected.  When competitive bids 
        are required and all bids are rejected, new bids, if solicited, 
        must be called for as in the first instance, unless otherwise 
        provided by law. 
           Sec. 3.  Minnesota Statutes 2003 Supplement, section 
        162.02, subdivision 2, is amended to read: 
           Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
        be made and promulgated by the commissioner acting with the 
        advice of a committee which shall be selected by the several 
        county boards acting through the officers of the statewide 
        association of county commissioners.  The committee shall be 
        composed of nine members so selected that each member shall be 
        from a different state highway construction district.  Not more 
        than five of the nine members of the committee shall be county 
        commissioners.  The remaining members shall be county highway 
        engineers.  The committee expires as provided in section 15.059, 
        subdivision 5.  In the event that agreement cannot be reached on 
        any rule, the commissioner's determination shall be final.  The 
        rules shall be printed and copies thereof shall be forwarded to 
        the county engineers of the several counties.  
           (b) Notwithstanding section 15.059, subdivision 5, the 
        committee does not expire. 
           Sec. 4.  Minnesota Statutes 2002, section 162.021, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DESIGNATION.] (a) The commissioner may designate 
        a county state-aid highway as a natural preservation route only 
        on petition of the county board of the county having 
        jurisdiction over the road.  Within 60 days after a county board 
        receives a written request to designate a county state-aid 
        highway as a natural preservation route, the county board shall 
        act on the request. 
           (b) The commissioner shall appoint an advisory committee 
        for each construction district consisting of seven members:  one 
        member of the Department of Natural Resources, one county 
        commissioner, one county highway engineer, one representative of 
        a recognized environmental organization, and three members of 
        the public.  The commissioner shall refer each petition received 
        under this subdivision to the appropriate advisory committee.  
        The advisory committee shall consider the petition for 
        designation and make a recommendation to the commissioner.  
        Following receipt of the committee's recommendation, the 
        commissioner may designate the highway as a natural preservation 
        route.  
           Sec. 5.  Minnesota Statutes 2002, section 162.07, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SCREENING BOARD.] (a) On or before September 1 
        of each year the county engineer of each county shall forward to 
        the commissioner, on forms prepared by the commissioner, all 
        information relating to the mileage, in lane-miles, of the 
        county state-aid highway system in the county, and the money 
        needs of the county that the commissioner deems necessary in 
        order to apportion the county state-aid highway fund in 
        accordance with the formula heretofore set forth.  Upon receipt 
        of the information the commissioner shall appoint a board 
        consisting of the following county engineers: 
           (1) two county engineers from the metropolitan highway 
        construction district; 
           (2) one county engineer from each nonmetropolitan highway 
        district; and 
           (3) one additional county engineer from each county with a 
        population of 175,000 or more.  
        No county engineer shall be appointed under clause (1) or (2) so 
        as to serve consecutively for more than four years.  The board 
        shall investigate and review the information submitted by each 
        county and shall on or before the first day of November of each 
        year submit its findings and recommendations in writing as to 
        each county's lane-mileage and money needs to the commissioner 
        on a form prepared by the commissioner.  Final determination of 
        the lane-mileage of each system and the money needs of each 
        county shall be made by the commissioner.  
           (b) Notwithstanding section 15.059, subdivision 5, the 
        committee expires June 30, 2006. 
           Sec. 6.  Minnesota Statutes 2002, section 162.09, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RULES; ADVISORY COMMITTEE.] (a) The rules shall 
        be made and promulgated by the commissioner acting with the 
        advice of a committee which shall be selected by the governing 
        bodies of such cities, acting through the officers of the 
        statewide association of municipal officials.  The committee 
        shall be composed of 12 members, so selected that there shall be 
        one member from each state highway construction district and in 
        addition one member from each city of the first class.  Not more 
        than six members of the committee shall be elected officials of 
        the cities.  The remaining members of the committee shall be 
        city engineers.  The committee expires as provided in section 
        15.059, subdivision 5.  In the event that agreement cannot be 
        reached on any rule the commissioner's determination shall be 
        final.  The rules shall be printed and copies thereof shall be 
        forwarded to the clerks and engineers of the cities.  
           (b) Notwithstanding section 15.059, subdivision 5, the 
        committee does not expire. 
           Sec. 7.  Minnesota Statutes 2002, section 162.13, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SCREENING COMMITTEE.] (a) On or before September 
        1 of each year, the engineer of each city having a population of 
        5,000 or more shall forward to the commissioner on forms 
        prepared by the commissioner, all information relating to the 
        money needs of the city that the commissioner deems necessary in 
        order to apportion the municipal state-aid street fund in 
        accordance with the apportionment formula heretofore set forth.  
        Upon receipt of the information the commissioner shall appoint a 
        board of city engineers.  The board shall be composed of one 
        engineer from each state highway construction district, and in 
        addition thereto, one engineer from each city of the first 
        class.  The board shall investigate and review the information 
        submitted by each city.  On or before November 1 of each year, 
        the board shall submit its findings and recommendations in 
        writing as to each city's money needs to the commissioner on a 
        form prepared by the commissioner.  Final determination of the 
        money needs of each city shall be made by the commissioner.  In 
        the event that any city shall fail to submit the information 
        provided for herein, the commissioner shall estimate the money 
        needs of the city.  The estimate shall be used in solving the 
        apportionment formula.  The commissioner may withhold payment of 
        the amount apportioned to the city until the information is 
        submitted.  
           (b) Notwithstanding section 15.059, subdivision 5, the 
        board does not expire. 
           Sec. 8.  Minnesota Statutes 2002, section 168.187, is 
        amended by adding a subdivision to read: 
           Subd. 27.  [PROHIBITED OPERATION.] The commissioner of 
        public safety shall refuse to issue a vehicle registration, 
        license plate, or permit to a vehicle licensed under this 
        section if the vehicle is assigned to a commercial motor carrier 
        who has been prohibited from operating in interstate commerce by 
        a federal agency with authority to do so under federal law. 
           The commissioner of public safety may revoke the 
        registration of a vehicle licensed under this section if the 
        vehicle is assigned to a commercial motor carrier who has been 
        prohibited from operating in interstate commerce by a federal 
        agency with authority to do so under federal law. 
           If the prohibition by the federal agency is rescinded, the 
        commissioner of public safety may reinstate a vehicle 
        registration under this section if registration taxes and fees 
        have been paid.  
           Sec. 9.  Minnesota Statutes 2002, section 168.27, 
        subdivision 24, is amended to read: 
           Subd. 24.  [BONDS.] (a) Except as otherwise provided in 
        this subdivision, all persons licensed according to this section 
        shall keep in full force and effect a bond with a corporate 
        surety to be approved by the registrar of motor vehicles in the 
        following amounts; in the case of boat trailer, snowmobile 
        trailer, horse trailer or motorized bicycle dealers, or dealers 
        in trailers with a manufacturer's rated carrying capacity under 
        15,000 pounds designed to transport small construction or farm 
        equipment, in the amount of $5,000; and as to all other persons 
        in the amount of $50,000.  The bond must be conditioned on the 
        faithful performance by the licensee of the obligations imposed 
        on persons engaged in motor vehicle transactions by the laws of 
        this state, including the conduct required of a licensee by this 
        section and other sections governing the sale or transfer of 
        motor vehicles, and the payment of all taxes, license fees, and 
        penalties.  The bond must be for the benefit of the state of 
        Minnesota and any transferor, seller, or purchaser of a motor 
        vehicle for any monetary loss caused by failure of the licensee 
        to meet the obligations enumerated above.  Proceedings on the 
        forfeiture of the bonds must be commenced in the district court 
        of the county wherein the business of the licensed person was 
        carried on, or if in more than one county, the county in which 
        the offense occurred.  This subdivision does not apply to a used 
        vehicle parts dealer or a scrap metal processor. 
           (b) This subdivision does not apply to: 
           (1) a dealer in new trailers designed to transport small 
        construction or farm equipment in any year following a year in 
        which the dealer had less than $500,000 in gross receipts from 
        the sale of such trailers; or 
           (2) a dealer in new trailers designed to transport small 
        construction or farm equipment who has been a dealer in such 
        trailers for less than one year and who the department 
        reasonably determines will have gross receipts of less than 
        $500,000 during the first year of business. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 10.  [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 
        PRODUCTS.] 
           A vehicle or combination of vehicles hauling raw or 
        unfinished forest products, including wood chips, by the most 
        direct route to the nearest highway that has been designated 
        under section 169.832, subdivision 11, may be operated on any 
        highway with gross weights permitted under sections 169.822 to 
        169.829 without regard to load restrictions imposed on that 
        highway, except that such vehicles must: 
           (1) comply with seasonal load restrictions in effect 
        between the dates set by the commissioner under section 169.87, 
        subdivision 2; 
           (2) comply with bridge load limits posted under section 
        169.84; 
           (3) be equipped and operated with six axles and brakes; 
           (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 
        gross weight during the time when seasonal increases are 
        authorized under section 169.826; 
           (5) not be operated on interstate and defense highways; 
           (6) obtain an annual permit from the commissioner of 
        transportation; and 
           (7) obey all road postings. 
           Sec. 11.  Minnesota Statutes 2002, section 169.832, is 
        amended by adding a subdivision to read: 
           Subd. 11a.  [WEIGHT-LIMITATION ROUTE DESIGNATION BY LOCAL 
        GOVERNMENT.] Notwithstanding subdivision 11, the governing body 
        of a county, statutory or home rule charter city, or town may 
        designate any street or highway under its jurisdiction that has 
        been designed and built to carry such weights to carry weight 
        permitted under sections 169.822 to 169.829.  Designations by 
        the governing body of a county, statutory or home rule charter 
        city, or town under this subdivision are not subject to the 
        approval of the commissioner. 
           Sec. 12.  Minnesota Statutes 2003 Supplement, section 
        169.86, subdivision 5, is amended to read: 
           Subd. 5.  [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 
        commissioner, with respect to highways under the commissioner's 
        jurisdiction, may charge a fee for each permit issued.  All such 
        fees for permits issued by the commissioner of transportation 
        shall be deposited in the state treasury and credited to the 
        trunk highway fund.  Except for those annual permits for which 
        the permit fees are specified elsewhere in this chapter, the 
        fees shall be: 
           (a) $15 for each single trip permit. 
           (b) $36 for each job permit.  A job permit may be issued 
        for like loads carried on a specific route for a period not to 
        exceed two months.  "Like loads" means loads of the same 
        product, weight, and dimension. 
           (c) $60 for an annual permit to be issued for a period not 
        to exceed 12 consecutive months.  Annual permits may be issued 
        for: 
           (1) motor vehicles used to alleviate a temporary crisis 
        adversely affecting the safety or well-being of the public; 
           (2) motor vehicles which travel on interstate highways and 
        carry loads authorized under subdivision 1a; 
           (3) motor vehicles operating with gross weights authorized 
        under section 169.826, subdivision 1a; 
           (4) special pulpwood vehicles described in section 169.863; 
           (5) motor vehicles bearing snowplow blades not exceeding 
        ten feet in width; and 
           (6) noncommercial transportation of a boat by the owner or 
        user of the boat. 
           (d) $120 for an oversize annual permit to be issued for a 
        period not to exceed 12 consecutive months.  Annual permits may 
        be issued for:  
           (1) mobile cranes; 
           (2) construction equipment, machinery, and supplies; 
           (3) manufactured homes; 
           (4) implements of husbandry when the movement is not made 
        according to the provisions of paragraph (i); 
           (5) double-deck buses; 
           (6) commercial boat hauling.  
           (e) For vehicles which have axle weights exceeding the 
        weight limitations of sections 169.822 to 169.829, an additional 
        cost added to the fees listed above.  However, this paragraph 
        applies to any vehicle described in section 168.013, subdivision 
        3, paragraph (b), but only when the vehicle exceeds its gross 
        weight allowance set forth in that paragraph, and then the 
        additional cost is for all weight, including the allowance 
        weight, in excess of the permitted maximum axle weight.  The 
        additional cost is equal to the product of the distance traveled 
        times the sum of the overweight axle group cost factors shown in 
        the following chart:  
                       Overweight Axle Group Cost Factors 
        Weight (pounds)         Cost Per Mile For Each Group Of:
        exceeding       Two consec-     Three consec-   Four consec-
        weight          utive axles     utive axles     utive axles
        limitations     spaced within   spaced within   spaced within
        on axles        8 feet or less  9 feet or less  14 feet or less 
             0-2,000    .12             .05             .04
         2,001-4,000    .14             .06             .05
         4,001-6,000    .18             .07             .06
         6,001-8,000    .21             .09             .07
         8,001-10,000   .26             .10             .08
        10,001-12,000   .30             .12             .09
        12,001-14,000   Not permitted   .14             .11
        14,001-16,000   Not permitted   .17             .12
        16,001-18,000   Not permitted   .19             .15
        18,001-20,000   Not permitted   Not permitted   .16
        20,001-22,000   Not permitted   Not permitted   .20
        The amounts added are rounded to the nearest cent for each axle 
        or axle group.  The additional cost does not apply to paragraph 
        (c), clauses (1) and (3).  
        For a vehicle found to exceed the appropriate maximum permitted 
        weight, a cost-per-mile fee of 22 cents per ton, or fraction of 
        a ton, over the permitted maximum weight is imposed in addition 
        to the normal permit fee.  Miles must be calculated based on the 
        distance already traveled in the state plus the distance from 
        the point of detection to a transportation loading site or 
        unloading site within the state or to the point of exit from the 
        state. 
           (f) As an alternative to paragraph (e), an annual permit 
        may be issued for overweight, or oversize and overweight, 
        construction equipment, machinery, and supplies.  The fees for 
        the permit are as follows:  
        Gross Weight (pounds) of Vehicle          Annual Permit Fee
             90,000 or less                             $200
             90,001 - 100,000                           $300
            100,001 - 110,000                           $400
            110,001 - 120,000                           $500
            120,001 - 130,000                           $600
            130,001 - 140,000                           $700
            140,001 - 145,000                           $800
        If the gross weight of the vehicle is more than 145,000 pounds 
        the permit fee is determined under paragraph (e). 
           (g) For vehicles which exceed the width limitations set 
        forth in section 169.80 by more than 72 inches, an additional 
        cost equal to $120 added to the amount in paragraph (a) when the 
        permit is issued while seasonal load restrictions pursuant to 
        section 169.87 are in effect. 
           (h) $85 for an annual permit to be issued for a period not 
        to exceed 12 months, for refuse-compactor vehicles that carry a 
        gross weight of not more than:  22,000 pounds on a single rear 
        axle; 38,000 pounds on a tandem rear axle; or, subject to 
        section 169.828, subdivision 2, 46,000 pounds on a tridem rear 
        axle.  A permit issued for up to 46,000 pounds on a tridem rear 
        axle must limit the gross vehicle weight to not more than 62,000 
        pounds. 
           (i) For vehicles exclusively transporting implements of 
        husbandry, an annual permit fee of $24.  A vehicle operated 
        under a permit authorized by this paragraph may be moved at the 
        discretion of the permit holder without prior route approval by 
        the commissioner if: 
           (1) the total width of the transporting vehicle, including 
        load, does not exceed 14 feet; 
           (2) the vehicle is operated only between sunrise and 30 
        minutes after sunset, and is not operated at any time after 
        12:00 noon on Sundays or holidays; 
           (3) the vehicle is not operated when visibility is impaired 
        by weather, fog, or other conditions that render persons and 
        other vehicles not clearly visible at 500 feet; 
           (4) the vehicle displays at the front and rear of the load 
        or vehicle a pair of flashing amber lights, as provided in 
        section 169.59, subdivision 4, whenever the overall width of the 
        vehicle exceeds 126 inches; and 
           (5) the vehicle is not operated on a trunk highway with a 
        surfaced roadway width of less than 24 feet unless such 
        operation is authorized by the permit. 
        A permit under this paragraph authorizes movements of the 
        permitted vehicle on an interstate highway, and movements of 75 
        miles or more on other highways. 
           (j) $300 for a motor vehicle described in section 
        169.8261.  The fee under this paragraph must be deposited as 
        follows: 
           (1) in fiscal years 2005 through 2010: 
           (i) the first $50,000 in each fiscal year must be deposited 
        in the trunk highway fund for costs related to administering the 
        permit program and inspecting and posting bridges; 
           (ii) all remaining money in each fiscal year must be 
        deposited in a bridge inspection and signing account in the 
        special revenue fund.  Money in the account is appropriated to 
        the commissioner for: 
           (A) inspection of local bridges and identification of local 
        bridges to be posted, including contracting with a consultant 
        for some or all of these functions; and 
           (B) erection of weight posting signs on local bridges; and 
           (2) in fiscal year 2011 and subsequent years must be 
        deposited in the trunk highway fund. 
           Sec. 13.  Minnesota Statutes 2003 Supplement, section 
        171.20, subdivision 4, is amended to read: 
           Subd. 4.  [REINSTATEMENT FEE.] (a) Before the license is 
        reinstated, (1) 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, and (2) a person whose driver's license has 
        been suspended under section 171.186 and who is not exempt from 
        such a fee, must pay a fee of $20.  
           (b) Before the license is reinstated, a person whose 
        license has been suspended or revoked under sections 169.791 to 
        169.798 must pay a $20 reinstatement fee. 
           (c) When fees are collected by a licensing agent appointed 
        under section 171.061, a handling charge is imposed in the 
        amount specified under section 171.061, subdivision 4.  The 
        reinstatement fee and surcharge must be deposited in an approved 
        state depository as directed under section 171.061, subdivision 
        4.  
           (d) A suspension may be rescinded without fee for good 
        cause. 
           Sec. 14.  [171.324] [HAZARDOUS MATERIALS LICENSE 
        ENDORSEMENT BACKGROUND CHECKS.] 
           Subdivision 1.  [ENDORSEMENT; FEE; ACCOUNT; 
        APPROPRIATION.] (a) Before being issued or renewing a class C, 
        class B, or class A driver's license with a hazardous materials 
        endorsement, an applicant must comply with the federal 
        regulations incorporated in this section. 
           (b) The commissioner may charge the applicant a fee of up 
        to $100 to cover the department's actual costs of conducting the 
        required background check of persons applying for a Minnesota 
        driver's license with a hazardous materials endorsement.  The 
        proceeds of the fee must be deposited in an account in the 
        special revenue fund.  Money in the account is annually 
        appropriated to the commissioner to pay the actual costs 
        associated with conducting the required background checks. 
           Subd. 2.  [ADOPTION OF FEDERAL REGULATIONS.] Public Law 
        107-56, section 1012, as implemented in Code of Federal 
        Regulations, title 49, part 1572, is incorporated by reference 
        except for sections 1572.9 and 1572.11. 
           Subd. 3.  [RULES.] The commissioner may adopt rules 
        pursuant to section 14.388, subdivision 1, clause (1), in order 
        to implement this section. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 15.  Minnesota Statutes 2002, section 174.52, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ADVISORY COMMITTEE.] (a) The commissioner shall 
        establish an advisory committee consisting of five members, 
        including: 
           (1) one county commissioner; 
           (2) one county engineer; 
           (3) one city engineer; 
           (4) one city council member or city administrator 
        representing a city with a population over 5,000; and 
           (5) one city council member or city administrator 
        representing a city with a population under 5,000.  The advisory 
        committee shall provide recommendations to the commissioner 
        regarding expenditures from the trunk highway corridor projects 
        account. 
           (b) Notwithstanding section 15.059, subdivision 5, the 
        committee does not expire. 
           Sec. 16.  Minnesota Statutes 2002, section 609.531, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
        609.531 to 609.5318, the following terms have the meanings given 
        them.  
           (a) "Conveyance device" means a device used for 
        transportation and includes, but is not limited to, a motor 
        vehicle, trailer, snowmobile, airplane, and vessel and any 
        equipment attached to it.  The term "conveyance device" does not 
        include property which is, in fact, itself stolen or taken in 
        violation of the law.  
           (b) "Weapon used" means a dangerous weapon as defined under 
        section 609.02, subdivision 6, that the actor used or had in 
        possession in furtherance of a crime.  
           (c) "Property" means property as defined in section 609.52, 
        subdivision 1, clause (1).  
           (d) "Contraband" means property which is illegal to possess 
        under Minnesota law.  
           (e) "Appropriate agency" means the Bureau of Criminal 
        Apprehension, the Minnesota Division of Driver and Vehicle 
        Services, the Minnesota State Patrol, a county sheriff's 
        department, the Suburban Hennepin Regional Park District park 
        rangers, the Department of Natural Resources Division of 
        Enforcement, the University of Minnesota Police Department, or a 
        city or airport police department.  
           (f) "Designated offense" includes:  
           (1) for weapons used:  any violation of this chapter, 
        chapter 152, or chapter 624; 
           (2) for driver's license or identification card 
        transactions:  any violation of section 171.22; and 
           (3) for all other purposes:  a felony violation of, or a 
        felony-level attempt or conspiracy to violate, section 325E.17; 
        325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
        609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
        609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
        1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
        (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
        and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
        609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
        609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
        609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
        12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
        609.895; 617.246; or a gross misdemeanor or felony violation of 
        section 609.891 or 624.7181; or any violation of section 609.324.
           (g) "Controlled substance" has the meaning given in section 
        152.01, subdivision 4.  
           Sec. 17.  [REPEALER.] 
           Minnesota Statutes 2002, section 174.55, as amended by Laws 
        2003, First Special Session chapter 19, article 2, section 45, 
        is repealed. 
           Sec. 18.  [EFFECTIVE DATE.] 
           Sections 3, 5, 6, 7, 15, and 17, are effective 
        retroactively from July 1, 2003. 

                                   ARTICLE 2
                           HIGHWAY SAFETY REST AREAS 
           Section 1.  Minnesota Statutes 2002, section 160.08, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NO COMMERCIAL ESTABLISHMENT WITHIN 
        RIGHT-OF-WAY.] No commercial establishment, including but not 
        limited to automotive service stations, for serving motor 
        vehicle users shall be constructed or located within the 
        right-of-way of, or on publicly owned or publicly leased land 
        acquired or used for or in connection with, a controlled access 
        highway; except that (1) structures may be built within safety 
        rest and tourist travel information center areas; (2) space 
        within state-owned buildings in those areas may be leased for 
        the purpose of providing information to travelers 
        through commercial and public service advertising under 
        franchise agreements as provided in sections section 160.276 to 
        160.278; (3) advertising signs may be erected within the 
        right-of-way of interstate or controlled-access trunk highways 
        by franchise agreements under section 160.80; and (4) vending 
        machines may be placed in rest areas, tourist travel information 
        centers, or weigh stations constructed or located within trunk 
        highway rights-of-way; and (5) acknowledgment signs may be 
        erected under sections 160.272 and 160.2735.  
           Sec. 2.  [160.272] [SAFETY REST AREA AND TRAVEL INFORMATION 
        CENTER LEASES.] 
           Subdivision 1.  [LEASE AGREEMENTS.] (a) Except as provided 
        in subdivision 3, and notwithstanding any other law to the 
        contrary, the commissioner may enter into lease agreements 
        through negotiations with public or not-for-profit entities or 
        through best value, as defined in section 16C.02, subdivision 4, 
        with private entities relating to the use of safety rest areas 
        and travel information centers. 
           For purposes of this section, "private entity" means a 
        chamber of commerce, a tourist and visitors bureau, or other 
        organization that exists to promote tourism and economic 
        development. 
           (b) A lease under this subdivision may: 
           (1) with the approval of the commissioner of 
        administration, prescribe a lease term length of up to 20 years, 
        with options for renewal; 
           (2) allow the lessee to operate a safety rest area facility 
        in whole or in part; 
           (3) allow the lessee to offer for sale products or services 
        under section 160.2725; and 
           (4) allow the lessee to add leasehold improvements to the 
        site after approval by the commissioner. 
           (c) A lease agreement for a safety rest area is subject to 
        section 160.28, subdivision 2, regarding vending at safety rest 
        areas. 
           (d) A lease agreement must include terms that promote and 
        encourage the employment of needy elderly persons according to 
        section 160.282. 
           (e) The commissioner may publicly acknowledge the lessee 
        and may erect signs adjacent to the main travel lanes of a 
        highway acknowledging the lessee.  Acknowledgement on the 
        mainline may consist of placement of up to one sign for each 
        direction of traffic served.  The placement of signs shall only 
        be allowed (1) as approved through the Manual on Uniform Traffic 
        Control Devices process for experimentation, (2) in accordance 
        with federal standards and policies, and (3) so that no sign 
        exceeds 100 square feet.  No more than three acknowledgment 
        signs or displays may be placed at any one rest area, in 
        addition to the mainline signs. 
           Subd. 2.  [REVENUES DEPOSITED.] The commissioner shall 
        deposit revenues from leases authorized under this section into 
        the safety rest area account established in section 160.2745. 
           Subd. 3.  [APPLICATION TO OTHER LAW.] Nothing in this 
        section affects existing contracts under section 248.07 or their 
        renewal. 
           Sec. 3.  [160.2725] [SALES AT SAFETY REST AREAS.] 
           Subdivision 1.  [SALES AUTHORIZED.] Notwithstanding section 
        160.08, the commissioner may sell travel and tourism-related 
        publications and maps and travel and tourism-related merchandise 
        and services.  The commissioner may rent or sell items for the 
        convenience of persons using safety rest areas, including local 
        attraction tickets, and permits and licenses issued by units of 
        government.  Notwithstanding section 16A.1285, the commissioner 
        of transportation may collect a service fee for the sale of 
        lottery tickets, local attraction tickets, and permits and 
        licenses. 
           Merchandise that competes with vending machine sales 
        authorized under section 160.28, subdivision 2, is subject to 
        the provisions of subdivision 5.  Food and beverage sales are 
        limited to those items that are sold from vending machines. 
           Subd. 2.  [ADVERTISING.] The commissioner may advertise the 
        availability of a program or item offered under this section. 
           Subd. 3.  [SOFTWARE SALES.] Notwithstanding section 16B.405 
        or 160.08, the commissioner may sell or license intellectual 
        property and software products or services developed by a 
        government unit or custom-developed by a vendor for a government 
        unit. 
           Subd. 4.  [REVENUES DEPOSITED.] Money received by the 
        commissioner under this section must be deposited in the safety 
        rest area account established in section 160.2745. 
           Subd. 5.  [COMPETING MERCHANDISE.] The commissioner and the 
        designated state licensing agency authorized under United States 
        Code, title 20, sections 107 to 107e, shall enter into an 
        interagency agreement before rest areas are leased or before 
        nonvending machine sales occur at rest areas.  The interagency 
        agreement must identify what constitutes competing merchandise 
        and establish policies and procedures related to the sale of 
        competing merchandise at rest areas. 
           Sec. 4.  [160.2735] [SPONSORSHIP OF SAFETY REST AREAS.] 
           Subdivision 1.  [SPONSORSHIP PROGRAM.] The commissioner may 
        enter into agreements for public or private sponsorship of 
        highway safety rest areas by transportation and tourism-related 
        entities.  The commissioner may publicly acknowledge sponsors 
        and may erect signs adjacent to the main travel lanes of a 
        highway acknowledging the sponsors.  Acknowledgement on the 
        mainline may consist of placement of up to one sign for each 
        direction of traffic served.  The placement of signs shall only 
        be allowed (1) as approved through the Manual on Uniform Traffic 
        Control Devices process for experimentation, (2) in accordance 
        with federal standards and policies, and (3) so that no sign 
        exceeds 100 square feet.  No more than three acknowledgment 
        signs or displays may be placed at any one rest area, in 
        addition to the mainline signs. 
           Subd. 2.  [REVENUE.] The commissioner shall deposit revenue 
        from the sponsorship program to the safety rest area account 
        established in section 160.2745. 
           Subd. 3.  [PROHIBITION.] The commissioner shall take no 
        action under this section that would result in the loss of 
        federal highway funds or require the payment of highway funds to 
        the federal government. 
           Sec. 5.  [160.274] [SALE OF SURPLUS REST AREA PROPERTY.] 
           Subdivision 1.  [RECONVEYANCE OF LAND.] The commissioner 
        may reconvey land no longer needed for safety rest area 
        purposes, subject to section 161.44. 
           Subd. 2.  [PROCEEDS DEPOSITED; APPROPRIATION.] Proceeds 
        from the sale of real estate and buildings under this section 
        must be paid into the safety rest area account established in 
        section 160.2745 and are appropriated to the commissioner (1) 
        for the actual cost of selling the real estate or buildings, (2) 
        for the fees required to be paid under sections 161.23 and 
        161.44, and (3) as provided in section 160.2745. 
           Subd. 3.  [PROHIBITION.] The commissioner shall take no 
        action under this section that would result in the loss of 
        federal highway funds or require the payment of highway funds to 
        the federal government. 
           Sec. 6.  [160.2745] [SAFETY REST AREA ACCOUNT.] 
           Subdivision 1.  [ACCOUNT ESTABLISHED.] A safety rest area 
        account is established in the trunk highway fund.  Funds in the 
        account are available until expended. 
           Subd. 2.  [DEPOSITS.] The commissioner shall deposit in the 
        safety rest area account revenue received from leasing or 
        sponsoring safety rest areas, advertising at safety rest areas, 
        selling safety rest area property and lands, and other revenue 
        generated with respect to safety rest areas. 
           Subd. 3.  [EXPENDITURES.] Money in the account is 
        appropriated to the commissioner.  The commissioner may spend 
        proceeds of the account for safety rest areas, including program 
        administration, maintenance and operations, development and 
        improvements, and services to customers.  
           Sec. 7.  Minnesota Statutes 2002, section 160.276, is 
        amended to read: 
           160.276 [TRAVEL INFORMATION FRANCHISE ADVERTISING PROGRAM.] 
           Subdivision 1.  [ESTABLISHED LEASING ADVERTISING SPACE.] 
        The commissioner of transportation shall establish a franchise 
        program to may lease advertising space within tourist travel 
        information centers and safety rest areas for the purpose of 
        providing information to travelers through travel-related 
        commercial and public service advertising.  
           Subd. 2.  [INITIAL PHASE.] The program may, in its initial 
        phase, utilize space within existing publicly owned buildings 
        and shelters in safety rest areas and tourist information 
        centers.  This phase shall be operational by May 1, 1981.  
        Franchises for this phase shall be ready to let by January 1, 
        1981.  
           Subd. 3.  [INFORMATION FACILITIES.] The program 
        commissioner may also include franchises for the construction, 
        operation and maintenance of contract to permit a vendor to 
        construct, operate, and maintain additional information 
        structures by and at the expense of the franchisee vendor on 
        state-owned lands within safety rest areas or tourist travel 
        information center areas.  All structures constructed by 
        the franchisee shall vendor must meet or exceed specifications 
        prescribed by the commissioner of transportation and shall must 
        satisfy the requirements of the State Building Code for 
        accessibility by the physically handicapped.  The vendor shall 
        design all structures shall be designed to enhance their the 
        site and shall be aesthetically compatible surroundings in a 
        manner harmonious with the natural environment as determined by 
        the commissioner.  
           Subd. 4.  [SITES; ADVERTISING.] The commissioner shall 
        determine the sites to be included in this program and shall 
        also determine if the advertising display at each site is to be 
        inside or outside of any buildings or shelters the extent and 
        location of space available for advertising in each facility.  
           Subd. 5.  [OFFICE OF TOURISM.] The commissioner shall 
        provide space free of charge to the Office of Tourism for travel 
        information centers.  The commissioner shall not charge the 
        Office of Tourism for any regular expenses associated with the 
        operation of the travel information centers.  The commissioner 
        shall provide highway maps free of charge for use and 
        distribution through the travel information centers.  
           Sec. 8.  Minnesota Statutes 2002, section 160.277, is 
        amended to read: 
           160.277 [COMMISSIONER TO GRANT FRANCHISES MAKE AGREEMENTS.] 
           Subdivision 1.  [PROCEDURE; AGREEMENT.] The commissioner of 
        transportation, by public negotiation or bid, shall grant 
        franchises enter into agreements for the purposes of section 
        160.276.  Each franchise agreement shall include the safety rest 
        areas and tourist information centers in a geographical area 
        comprising approximately one-quarter of the land area of the 
        state.  The franchise agreement shall insure that the franchisee 
        provide services throughout the area in as many tourist 
        information centers and safety rest areas as are reasonably 
        necessary for the convenience of travelers.  
           Subd. 2.  [INSURANCE.] The commissioner of transportation 
        shall require the franchisee vendor to obtain liability 
        insurance in an amount prescribed by the commissioner jointly 
        insuring the state and the franchisee vendor against any and all 
        liability for claims for damage occurring wholly or partly 
        because of the existence of the franchise vendor contract.  
           Subd. 3.  [REVENUE.] The franchise agreement may provide 
        that the vendor pay a percentage portion of the gross revenues 
        derived from advertising shall.  These revenues must be paid to 
        the state for deposit in the trunk highway fund safety rest area 
        account established in section 160.2745.  The commissioner of 
        transportation and director of the Office of Tourism may enter 
        into an interagency agreement to define the distribution of the 
        revenues generated in this section. 
           Sec. 9.  Minnesota Statutes 2002, section 160.278, is 
        amended to read: 
           160.278 [ADDITIONAL FRANCHISE VENDOR PROVISIONS.] 
           Subdivision 1.  [AGREEMENT REQUIREMENTS.] Each franchise 
        vendor agreement shall must contain the following provisions:  
           (a) (1) that the franchisee vendor shall comply with Code 
        of Federal Regulations, title 23, section 252 752 and subsequent 
        revisions pertaining to privately operated information systems; 
           (b) (2) that at least 40 percent of the commercial 
        advertising space shall must be offered initially for a 
        reasonable period of time to local advertisers who provide 
        services for travelers within a 60-mile radius of the safety 
        rest area or tourist travel information center; 
           (c) (3) that the franchisees vendor shall make appropriate 
        marketing efforts in an attempt to lease at least 40 percent of 
        the commercial advertising space to local advertisers; and 
           (d) (4) reasonable performance standards, and maintenance 
        standards for structures constructed by the franchisee. vendor; 
        and 
           Subd. 2.  [ADVERTISING SPACE LIMITATIONS.] The franchise 
        agreement shall impose (5) limitations on advertising space 
        within state-owned buildings or on state-owned property in 
        safety rest areas and tourist travel information centers.  
           Subd. 3. 2.  [REASONABLE TERMS AND CONDITIONS.] The 
        commissioner of transportation may require additional reasonable 
        terms and conditions to be included in the franchise vendor 
        agreement, including but not limited to, provisions governing 
        the renewal and termination of the agreement, and, in the event 
        of termination, the rights of the state and the franchisee 
        vendor in advertising contracts and in buildings constructed by 
        the franchisee vendor. 
           Sec. 10.  Minnesota Statutes 2002, section 160.28, is 
        amended to read: 
           160.28 [PLANS FOR PUBLIC TRAVEL FACILITIES.] 
           Subdivision 1.  [SAFETY REST AREAS; TOURIST TRAVEL 
        INFORMATION CENTERS; WEIGH STATIONS.] Any other law to the 
        contrary notwithstanding, the commissioner of transportation is 
        hereby authorized to cause to be prepared may have plans and, 
        specifications, and detailed designs prepared for the 
        construction of buildings and facilities for highway safety rest 
        areas, tourist travel information centers in combination with 
        rest areas, and weigh stations when the commissioner deems these 
        buildings and facilities to be necessary in the interest of 
        safety and convenient public travel on highways. 
           Subd. 2.  [VENDING MACHINES.] Any other law to the contrary 
        notwithstanding, the commissioner may contract for or authorize 
        the placement of vending machines dispensing food, nonalcoholic 
        beverages, or milk, or other items the commissioner deems 
        appropriate and desirable in highway safety rest areas, tourist 
        travel information centers, and weigh stations on marked 
        interstate highways and primary trunk highways.  The 
        commissioner shall only place vending machines operated under 
        United States Code, title 20, sections 107 to 107e and as 
        provided in section 248.07. 
           Sec. 11.  Minnesota Statutes 2002, section 161.23, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LEASING.] The commissioner may lease for the 
        term between the acquisition and sale thereof and for a fair 
        rental rate and upon such terms and conditions as the 
        commissioner deems proper, any excess real estate acquired under 
        this section, and any real estate acquired in fee for trunk 
        highway purposes and not presently needed for those purposes.  
        All rents received from the leases must be paid into the state 
        treasury.  Seventy percent of the rents must be credited to the 
        trunk highway fund.  The remaining 30 percent must be paid to 
        the county treasurer where the real estate is located, and 
        distributed in the same manner as real estate taxes.  This 
        subdivision does not apply to real estate leased for the purpose 
        of providing commercial and public service advertising pursuant 
        to franchise agreements as provided in sections 160.276 160.272 
        to 160.278 or to fees collected under section 174.70, 
        subdivision 2. 
           Sec. 12.  Minnesota Statutes 2002, section 161.433, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CONSIDERATION FOR USE.] The consideration paid 
        for the use of airspace or subsurface areas shall be determined 
        by the commissioner, but in no event shall it be less than a 
        fair rental rate, and shall include costs for the erection and 
        maintenance of any facilities or other costs occasioned by that 
        use.  All moneys received shall be paid into the trunk highway 
        fund.  This subdivision does not apply to real estate leased for 
        the purpose of providing commercial and public service 
        advertising pursuant to franchise agreements as provided in 
        sections 160.276 160.272 to 160.278.  
           Sec. 13.  Minnesota Statutes 2002, section 161.434, is 
        amended to read: 
           161.434 [INTERSTATE AND TRUNK HIGHWAY RIGHTS-OF-WAY; 
        LIMITED USE.] 
           The commissioner may also make such arrangements and 
        agreements as the commissioner deems necessary in the public 
        interest for the limited use of land owned as interstate or 
        trunk highway right-of-way, which use shall be for highway 
        purposes, including aesthetic purposes, but not including the 
        erection of permanent buildings, except buildings or structures 
        erected for the purpose of providing information to travelers 
        through commercial and public service advertising pursuant to 
        franchise agreements as provided in sections 160.276 160.272 to 
        160.278.  The commissioner shall secure the approval of the 
        appropriate federal agency where such approval is required. 
           Sec. 14.  [COMMISSIONER OF TRANSPORTATION; HIGHWAY REST 
        AREAS.] 
           Until July 1, 2005, the commissioner of transportation may 
        not close any trunk highway or interstate highway safety rest 
        area that was open on January 1, 2004, or substantially reduce 
        the hours of operation of such a rest area below the hours of 
        operation in effect on January 1, 2004. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 15.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall renumber each section or 
        subdivision of Minnesota Statutes listed in column A with the 
        number listed in column B.  The revisor shall also make 
        necessary cross-reference changes consistent with the 
        renumbering. 
                   Column A                     Column B
                   160.27, subdivision 5        160.2715
                   160.277, subdivision 1       160.276, subdivision 2a
                   160.277, subdivision 2       160.276, subdivision 3a
                   160.277, subdivision 3       160.276, subdivision 8
                   160.278, subdivision 1       160.276, subdivision 6
                   160.278, subdivision 3       160.276, subdivision 7
                   160.28, subdivision 2        160.273
           Presented to the governor May 18, 2004 
           Signed by the governor May 29, 2004, 11:15 a.m.