Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 135-S.F.No. 808 
                  An act relating to traffic regulations; exempting 
                  motorized foot scooters from tax and registration 
                  fees; changing eligibility criteria for certain 
                  business panels; defining motorized foot scooters and 
                  regulating their use and operation; amending Minnesota 
                  Statutes 2004, sections 160.80, subdivision 1a; 
                  168.011, subdivision 27; 168.012, subdivision 1; 
                  169.01, subdivision 4a, by adding a subdivision; 
                  171.01, subdivision 41; proposing coding for new law 
                  in Minnesota Statutes, chapter 169. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 160.80, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [ELIGIBILITY CRITERIA FOR BUSINESS PANELS.] (a) 
        To be eligible for a business panel on a logo sign panel, a 
        business establishment must: 
           (1) be open for business; 
           (2) have a sign on site that both identifies the business 
        and is visible to motorists; 
           (3) be open to everyone, regardless of race, religion, 
        color, age, sex, national origin, creed, marital status, sexual 
        orientation, or disability; 
           (4) not impose a cover charge or otherwise require 
        customers to purchase additional products or services; and 
           (5) meet the appropriate criteria in paragraphs (b) to (e). 
           (b) Gas businesses must provide vehicle services including 
        fuel and oil; restroom facilities and drinking water; 
        continuous, staffed operation at least 12 hours a day, seven 
        days a week; and public access to a telephone. 
           (c) Food businesses must serve at least two meals a day 
        during normal mealtimes of breakfast, lunch, and dinner; provide 
        a continuous, staffed food service operation at least ten hours 
        a day, seven days a week except holidays as defined in section 
        645.44, subdivision 5, and except as provided for seasonal food 
        service businesses; provide seating capacity for at least 20 
        people; serve meals prepared on the premises; and possess any 
        required state or local licensing or approval.  Reheated, 
        prepackaged, ready-to-eat food is not "food prepared on the 
        premises."  Seasonal food service businesses must provide a 
        continuous, staffed food service operation at least ten hours a 
        day, seven days a week, during their months of operation. 
           (d) Lodging businesses must include sleeping 
        accommodations, provide public access to a telephone, and 
        possess any required state or local licensing or approval. 
           (e) Camping businesses must include sites for camping, 
        include parking accommodations for each campsite, provide 
        sanitary facilities and drinking water, and possess any required 
        state or local licensing or approval. 
           (f) Businesses that do not meet the appropriate criteria in 
        paragraphs (b) to (e) but that have a signed lease as of January 
        1, 1998, may retain the business panel until December 31, 2005, 
        or until they withdraw from the program, whichever occurs first, 
        provided they continue to meet the criteria in effect in the 
        department's contract with the logo sign vendor on August 1, 
        1995.  After December 31, 2005, or after withdrawing from the 
        program, a business must meet the appropriate criteria in 
        paragraphs (a) to (e) to qualify for a business panel. 
           (g) Seasonal businesses must indicate to motorists when 
        they are open for business by either putting the full months of 
        operation directly on the business panel or by having a "closed" 
        plaque applied to the business panel when the business is closed 
        for the season. 
           (h) The maximum distance that an eligible business in 
        Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington 
        county can be located from the interchange is:  for gas 
        businesses, one mile; for food businesses, two miles; for 
        lodging businesses, three miles; and for camping businesses, ten 
        miles. 
           (i) The maximum distance that an eligible business in any 
        other county can be located from the interchange shall not 
        exceed 15 miles in either direction. 
           (j) Logo sign panels must be erected so that motorists 
        approaching an interchange view the panels in the following 
        order:  camping, lodging, food, gas. 
           (k) If there is insufficient space on a logo sign panel to 
        display all eligible businesses for a specific type of service, 
        the businesses closest to the interchange have priority over 
        businesses farther away from the interchange. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2004, section 168.011, 
        subdivision 27, is amended to read: 
           Subd. 27.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
        bicycle that is propelled by a an electric or a liquid fuel 
        motor of a piston displacement capacity of 50 cubic centimeters 
        or less, and a maximum of two brake horsepower, which is capable 
        of a maximum speed of not more than 30 miles per hour on a flat 
        surface with not more than one percent grade in any direction 
        when the motor is engaged.  "Motorized bicycle" includes an 
        electric-assisted bicycle as defined in section 169.01, 
        subdivision 4b. 
           Sec. 3.  Minnesota Statutes 2004, section 168.012, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE 
        DISPLAY.] (a) The following vehicles are exempt from the 
        provisions of this chapter requiring payment of tax and 
        registration fees, except as provided in subdivision 1c:  
           (1) vehicles owned and used solely in the transaction of 
        official business by the federal government, the state, or any 
        political subdivision; 
           (2) vehicles owned and used exclusively by educational 
        institutions and used solely in the transportation of pupils to 
        and from those institutions; 
           (3) vehicles used solely in driver education programs at 
        nonpublic high schools; 
           (4) vehicles owned by nonprofit charities and used 
        exclusively to transport disabled persons for educational 
        purposes; 
           (5) ambulances owned by ambulance services licensed under 
        section 144E.10, the general appearance of which is 
        unmistakable; and 
           (6) motorized foot scooters as defined in section 169.01, 
        subdivision 4c; and 
           (7) vehicles owned by a commercial driving school licensed 
        under section 171.34, or an employee of a commercial driving 
        school licensed under section 171.34, and the vehicle is used 
        exclusively for driver education and training. 
           (b) Vehicles owned by the federal government, municipal 
        fire apparatuses including fire-suppression support vehicles, 
        police patrols, and ambulances, the general appearance of which 
        is unmistakable, are not required to register or display number 
        plates.  
           (c) Unmarked vehicles used in general police work, liquor 
        investigations, or arson investigations, and passenger 
        automobiles, pickup trucks, and buses owned or operated by the 
        Department of Corrections, must be registered and must display 
        appropriate license number plates, furnished by the registrar at 
        cost.  Original and renewal applications for these license 
        plates authorized for use in general police work and for use by 
        the Department of Corrections must be accompanied by a 
        certification signed by the appropriate chief of police if 
        issued to a police vehicle, the appropriate sheriff if issued to 
        a sheriff's vehicle, the commissioner of corrections if issued 
        to a Department of Corrections vehicle, or the appropriate 
        officer in charge if issued to a vehicle of any other law 
        enforcement agency.  The certification must be on a form 
        prescribed by the commissioner and state that the vehicle will 
        be used exclusively for a purpose authorized by this section.  
           (d) Unmarked vehicles used by the Departments of Revenue 
        and Labor and Industry, fraud unit, in conducting seizures or 
        criminal investigations must be registered and must display 
        passenger vehicle classification license number plates, 
        furnished at cost by the registrar.  Original and renewal 
        applications for these passenger vehicle license plates must be 
        accompanied by a certification signed by the commissioner of 
        revenue or the commissioner of labor and industry.  The 
        certification must be on a form prescribed by the commissioner 
        and state that the vehicles will be used exclusively for the 
        purposes authorized by this section. 
           (e) Unmarked vehicles used by the Division of Disease 
        Prevention and Control of the Department of Health must be 
        registered and must display passenger vehicle classification 
        license number plates.  These plates must be furnished at cost 
        by the registrar.  Original and renewal applications for these 
        passenger vehicle license plates must be accompanied by a 
        certification signed by the commissioner of health.  The 
        certification must be on a form prescribed by the commissioner 
        and state that the vehicles will be used exclusively for the 
        official duties of the Division of Disease Prevention and 
        Control.  
           (f) Unmarked vehicles used by staff of the Gambling Control 
        Board in gambling investigations and reviews must be registered 
        and must display passenger vehicle classification license number 
        plates.  These plates must be furnished at cost by the 
        registrar.  Original and renewal applications for these 
        passenger vehicle license plates must be accompanied by a 
        certification signed by the board chair.  The certification must 
        be on a form prescribed by the commissioner and state that the 
        vehicles will be used exclusively for the official duties of the 
        Gambling Control Board.  
           (g) All other motor vehicles must be registered and display 
        tax-exempt number plates, furnished by the registrar at cost, 
        except as provided in subdivision 1c.  All vehicles required to 
        display tax-exempt number plates must have the name of the state 
        department or political subdivision, nonpublic high school 
        operating a driver education program, or licensed commercial 
        driving school, plainly displayed on both sides of the vehicle; 
        except that each state hospital and institution for the mentally 
        ill and mentally retarded may have one vehicle without the 
        required identification on the sides of the vehicle, and county 
        social service agencies may have vehicles used for child and 
        vulnerable adult protective services without the required 
        identification on the sides of the vehicle.  This identification 
        must be in a color giving contrast with that of the part of the 
        vehicle on which it is placed and must endure throughout the 
        term of the registration.  The identification must not be on a 
        removable plate or placard and must be kept clean and visible at 
        all times; except that a removable plate or placard may be 
        utilized on vehicles leased or loaned to a political subdivision 
        or to a nonpublic high school driver education program. 
           Sec. 4.  Minnesota Statutes 2004, section 169.01, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
        bicycle that is propelled by a an electric or a liquid fuel 
        motor of a piston displacement capacity of 50 cubic centimeters 
        or less, and a maximum of two brake horsepower, which is capable 
        of a maximum speed of not more than 30 miles per hour on a flat 
        surface with not more than one percent grade in any direction 
        when the motor is engaged.  "Motorized bicycle" includes an 
        electric-assisted bicycle as defined in subdivision 4b. 
           Sec. 5.  Minnesota Statutes 2004, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 4c.  [MOTORIZED FOOT SCOOTER.] "Motorized foot 
        scooter" means a device with handlebars designed to be stood or 
        sat upon by the operator, and powered by an internal combustion 
        engine or electric motor that is capable of propelling the 
        device with or without human propulsion, and that has either (1) 
        no more than two ten-inch or smaller diameter wheels or (2) an 
        engine or motor that is capable of a maximum speed of 15 miles 
        per hour on a flat surface with not more than one percent grade 
        in any direction when the motor is engaged.  An electric 
        personal assistive mobility device, a motorized bicycle, an 
        electric-assisted bicycle, or a motorcycle is not a motorized 
        foot scooter. 
           Sec. 6.  [169.225] [MOTORIZED FOOT SCOOTER.] 
           Subdivision 1.  [APPLICATION OF TRAFFIC LAWS.] Every person 
        operating a motorized foot scooter shall have all rights and 
        duties applicable to the operator of a bicycle, except in 
        respect to those provisions relating expressly to motorized foot 
        scooters and in respect to those provisions of law that by their 
        nature cannot reasonably be applied to motorized foot scooters.  
           Subd. 2.  [SIDEWALK AND PASSENGER PROHIBITION.] No person 
        may operate a motorized foot scooter upon a sidewalk, except 
        when necessary to enter or leave adjacent property.  No person 
        may operate a motorized foot scooter that is carrying any person 
        other than the operator.  
           Subd. 3.  [MINIMUM AGE FOR OPERATOR.] No person under the 
        age of 12 years may operate a motorized foot scooter.  
           Subd. 4.  [PROTECTIVE HEADGEAR.] No person under the age of 
        18 years may operate a motorized foot scooter without wearing 
        properly fitted and fastened protective headgear that complies 
        with standards established by the commissioner of public safety. 
           Subd. 5.  [REQUIRED LIGHTING EQUIPMENT.] A motorized foot 
        scooter must be equipped with a headlight and a taillight that 
        comply with standards established by the commissioner of public 
        safety if the vehicle is operated under conditions when vehicle 
        lights are required by law.  
           Subd. 6.  [OPERATION REQUIREMENTS AND PROHIBITIONS.] (a) A 
        person operating a motorized foot scooter on a roadway shall 
        ride as close as practicable to the right-hand curb or edge of 
        the roadway, except in the following situations: 
           (1) when overtaking and passing another vehicle proceeding 
        in the same direction; 
           (2) when preparing for a left turn, in which case the 
        operator shall stop and dismount at the right-hand curb or right 
        edge of the roadway, and shall complete the turn by crossing the 
        roadway on foot, subject to restrictions placed by law on 
        pedestrians; or 
           (3) when reasonably necessary to avoid impediments or 
        conditions that make it unsafe to continue along the right-hand 
        curb or edge, including, but not limited to, fixed or moving 
        objects, vehicles, bicycles, pedestrians, animals, surface 
        hazards, or narrow lanes. 
           (b) A person may operate a motorized foot scooter on a 
        bicycle path, bicycle lane, bicycle trail, or bikeway that is 
        not reserved for the exclusive use of nonmotorized traffic, 
        unless the local authority or governing body having jurisdiction 
        over that path, lane, trail, or bikeway prohibits operation by 
        law. 
           Sec. 7.  Minnesota Statutes 2004, section 171.01, 
        subdivision 41, is amended to read: 
           Subd. 41.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
        bicycle that is propelled by a an electric or a liquid fuel 
        motor of a piston displacement capacity of 50 cubic centimeters 
        or less, and a maximum of two brake horsepower, which is capable 
        of a maximum speed of not more than 30 miles per hour on a flat 
        surface with not more than one percent grade in any direction 
        when the motor is engaged.  "Motorized bicycle" includes an 
        electric-assisted bicycle as defined in section 169.01, 
        subdivision 4b. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 3, 2005, 11:00 a.m.