Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 6-H.F.No. 140
An act relating to appropriations; appropriating money
for transportation, Metropolitan Council, and public
safety activities; providing for general contingent
accounts and tort claims; providing for various fees
and accounts; allocating county state-aid highway
funds; modifying provisions related to state mail,
state highways and bridges, county state-aid highways,
town road signs, railroad grade crossings and
operations, traffic fine allocations, commercial motor
vehicles, day activity center buses, vehicle
registration plates and other motor vehicle
provisions, driver and vehicle data practices, deputy
motor vehicle registrars, state aviation, bridges in
smaller cities, weight limits on highways and other
traffic regulations, drivers' licenses and permits,
the Commuter Rail Corridor Coordinating Committee,
Roussain Cemetery, wetland replacement near the city
of Cologne, the employment status of public safety
radio communications operators, the insurance
verification sampling program, maximum train speeds in
the city of Orr, a restriction on ethanol
requirements, and bicycle programs; requiring studies
and reports; making technical and clarifying
revisions; amending Minnesota Statutes 2004, sections
13.44, subdivision 3; 16B.49; 115A.908, subdivision 1;
161.14, subdivision 25, by adding subdivisions;
161.361, subdivision 2; 161.368; 162.02, subdivisions
2, 3a; 162.06, subdivision 2; 162.08, subdivision 3;
162.09, subdivisions 2, 3a; 162.14, subdivision 6;
168.011, subdivisions 3, 4, 5, 5a, 6, 7, 25, by adding
subdivisions; 168.012, subdivision 1, as amended;
168.013, subdivision 8; 168.031; 168.09, subdivision
7; 168.091, subdivision 1; 168.10, subdivision 1c;
168.105, subdivisions 2, 3, 5; 168.12; 168.123;
168.1235; 168.124; 168.125; 168.1255; 168.127,
subdivision 6; 168.128; 168.129; 168.1291; 168.1293;
168.1296; 168.1297; 168.15, subdivision 1; 168.16;
168.185; 168.27, subdivision 11; 168.31, subdivision
5; 168.33, as amended; 168.345, subdivisions 1, 2;
168.381; 168.54, subdivisions 4, 5; 168A.152,
subdivision 2; 168A.20, by adding a subdivision;
168A.29; 168A.31; 169.01, subdivisions 75, 76, 78;
169.06, subdivisions 5, 6; 169.09, subdivision 13;
169.14, subdivision 2, by adding a subdivision;
169.18, subdivisions 4, 5, 11, as amended; 169.28,
subdivision 2; 169.448, by adding a subdivision;
169.522; 169.81, subdivision 3c; 169.8261; 169.851,
subdivision 5; 169.86, subdivision 5; 169.99,
subdivision 1b; 169A.52, subdivision 3; 169A.60,
subdivision 16; 171.01, subdivisions 22, 35, 47, by
adding a subdivision; 171.02; 171.03; 171.04,
subdivision 2; 171.05, subdivisions 1, 2, 2b; 171.055,
subdivision 2; 171.06, subdivisions 2, 2a; 171.061,
subdivision 4; 171.07, subdivision 11; 171.09, as
amended; 171.12, subdivisions 3, 6; 171.13,
subdivisions 2, 6, by adding a subdivision; 171.165,
subdivisions 1, 2, 6; 171.17, subdivision 1; 171.18,
subdivision 1; 171.20, subdivision 4, as amended;
171.26, as amended; 171.29, subdivision 2; 171.30,
subdivision 1; 171.36; 174.50, by adding a
subdivision; 174.86, subdivision 5; 179A.03,
subdivision 7, as amended; 179A.10, subdivision 2;
192.502, subdivision 2; 197.65; 219.166; 219.567;
299D.03, subdivision 5; proposing coding for new law
in Minnesota Statutes, chapters 160; 162; 168; 171;
219; 299A; repealing Minnesota Statutes 2004, sections
168.011, subdivision 19; 168.012, subdivision 12;
168.041, subdivision 11; 168.105, subdivision 6;
168.15, subdivision 2; 168.231; 168.345, subdivisions
3, 4; 168.831; 168.832; 168.833; 168.834; 168.835;
168.836; 168.837; 168C.01; 168C.02; 168C.03; 168C.04;
168C.05; 168C.06; 168C.07; 168C.08; 168C.09; 168C.10;
168C.11; 168C.12; 168C.13; 170.23; 171.12, subdivision
8; 171.165, subdivisions 3, 4, 4a, 4b; 171.185;
473.408, subdivision 1; Minnesota Rules, parts
7407.0100; 7407.0200; 7407.0300; 7407.0400; 7407.0500;
7407.0600; 7407.0700; 7407.0800; 7407.0900; 7407.1000;
7407.1100; 7407.1200; 7407.1300; 7503.2400; 7800.0600;
7800.3200, subpart 1; 7805.0700; 8850.6900, subpart
20; 8855.0500, subpart 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
TRANSPORTATION, METROPOLITAN COUNCIL, PUBLIC SAFETY
Section 1. [TRANSPORTATION, METROPOLITAN COUNCIL, PUBLIC SAFETY
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007," where used in this article, mean
that the appropriations listed under them are available for the
year ending June 30, 2006, or June 30, 2007, respectively. The
term "first year" means the year ending June 30, 2006, and the
term "second year" means the year ending June 30, 2007.
SUMMARY BY FUND
2006 2007 TOTAL
General $ 101,966,000 $ 103,221,000 $ 205,187,000
Airports 19,458,000 19,458,000 38,916,000
C.S.A.H. 441,335,000 453,948,000 895,283,000
M.S.A.S. 117,048,000 120,841,000 237,889,000
Special Revenue 45,417,000 44,772,000 90,189,000
Highway User 8,568,000 8,638,000 17,206,000
Trunk Highway 1,148,211,000 1,260,498,000 2,408,709,000
TOTAL $1,882,003,000 $2,011,376,000 $3,893,379,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $1,671,077,000 $1,799,779,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
2006 2007
General 19,221,000 19,221,000
Airports 19,408,000 19,408,000
C.S.A.H. 441,335,000 453,948,000
M.S.A.S. 117,048,000 120,841,000
Trunk Highway 1,074,065,000 1,186,361,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Multimodal Systems 45,147,000 45,147,000
Summary by Fund
Airports 19,383,000 19,383,000
General 19,156,000 19,156,000
Trunk Highway 6,608,000 6,608,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Aeronautics
20,220,000 20,220,000
Summary by Fund
Airports 19,383,000 19,383,000
Trunk Highway 837,000 837,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
(1) Airport Development
and Assistance
14,298,000 14,298,000
These appropriations must be spent
according to Minnesota Statutes,
section 360.305, subdivision 4.
Notwithstanding Minnesota Statutes,
section 16A.28, subdivision 6, funds
are available for five years after
appropriation.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Of the state airports fund
appropriation in Laws 2003, First
Special Session chapter 19, article 1,
section 2, subdivision 2, paragraph
(a), clause (1), $1,900,000 cancels to
the state airports fund. This
cancellation is effective the day
following final enactment.
(2) Aviation Support and Services
5,922,000 5,922,000
Summary by Fund
Airports 5,085,000 5,085,000
Trunk Highway 837,000 837,000
$65,000 the first year and $65,000 the
second year are for the Civil Air
Patrol.
(b) Transit
19,605,000 19,605,000
Summary by Fund
General 18,810,000 18,810,000
Trunk Highway 795,000 795,000
(c) Freight
5,322,000 5,322,000
Summary by Fund
General 346,000 346,000
Trunk Highway 4,976,000 4,976,000
Subd. 3. State Roads 1,011,958,000 1,124,254,000
Summary by Fund
General 9,000 9,000
Trunk Highway 1,011,949,000 1,124,245,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Infrastructure Investment and Planning
801,247,000 913,543,000
(1) Infrastructure Investment Support
168,207,000 168,207,000
$266,000 the first year and $266,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area to
identify critical concerns, problems,
and issues. These grants are available
(1) to regional development commissions
and (2) in regions where no regional
development commission is functioning,
to joint powers boards established
under agreement of two or more
political subdivisions in the region to
exercise the planning functions of a
regional development commission, and
(3) in regions where no regional
development commission or joint powers
board is functioning, to the
department's district office for that
region.
(2) State Road Construction
576,950,000 680,950,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
280,000,000 384,000,000
Highway User Taxes
296,950,000 296,950,000
The commissioner of transportation
shall notify the chair of the
Transportation Budget Division of the
senate and the chair of the
Transportation Finance Committee of the
house of representatives of any
significant events that should cause
these estimates to change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways,
including design-build contracts and
consultant usage to support these
activities. This includes the cost of
actual payment to landowners for lands
acquired for highway rights-of-way,
payment to lessees, interest subsidies,
and relocation expenses.
The commissioner may transfer up to
$15,000,000 each year to the
transportation revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts
are appropriated to the commissioner
for these projects.
(3) Highway Debt Service
56,090,000 64,386,000
$40,415,000 the first year and
$58,526,000 the second year are for
transfer to the state bond fund. If
this appropriation is insufficient to
make all transfers required in the year
for which it is made, the commissioner
of finance shall notify the Committee
on Finance of the senate and the
Committee on Ways and Means of the
house of representatives of the amount
of the deficiency and shall then
transfer that amount under the
statutory open appropriation. Any
excess appropriation cancels to the
trunk highway fund.
(b) Infrastructure Operations
and Maintenance
204,746,000 204,746,000
(c) Electronic Communications
5,965,000 5,965,000
Summary by Fund
General 9,000 9,000
Trunk Highway 5,956,000 5,956,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
Subd. 4. Local Roads 558,383,000 574,789,000
Summary by Fund
C.S.A.H. 441,335,000 453,948,000
M.S.A.S. 117,048,000 120,841,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
441,335,000 453,948,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
117,048,000 120,841,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the chair of the Transportation
Finance Committee of the house of
representatives and the chair of the
Transportation Budget Division of the
senate of the amount of the remainder
and shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county
state aids or municipal state aids, as
appropriate.
If the appropriation for either county
state aids or municipal state aids does
exhaust the balance in the fund from
which it is made in the year for which
it is made, the commissioner of finance
shall notify the chair of the
Transportation Finance Committee of the
house of representatives and the chair
of the Transportation Budget Division
of the senate of the amount by which
the appropriation exceeds the balance
and shall then reduce that amount from
the appropriation.
Subd. 5. General Support
and Services 55,589,000 55,589,000
Summary by Fund
General 56,000 56,000
Airports 25,000 25,000
Trunk Highway 55,508,000 55,508,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Department Support
38,999,000 38,999,000
Summary by Fund
Airports 25,000 25,000
Trunk Highway 38,974,000 38,974,000
(b) Buildings
16,590,000 16,590,000
Summary by Fund
General 56,000 56,000
Trunk Highway 16,534,000 16,534,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Subd. 6. Transfers
(a) With the approval of the
commissioner of finance, the
commissioner of transportation may
transfer unencumbered balances among
the appropriations from the trunk
highway fund and the state airports
fund made in this section. No transfer
may be made from the appropriation for
state road construction. No transfer
may be made from the appropriations for
debt service to any other appropriation.
Transfers under this paragraph may not
be made between funds. Transfers
between programs must be reported
immediately to the chair of the
Transportation Budget Division of the
senate and the chair of the
Transportation Finance Committee of the
house of representatives.
(b) The commissioner of finance shall
transfer from the flexible account in
the county state-aid highway fund
$5,650,000 the first year and
$1,480,000 the second year to the
municipal turnback account in the
municipal state-aid street fund and
$10,390,000 the first year and
$7,380,000 the second year to the trunk
highway fund; and the remainder in each
year to the county turnback account in
the county state-aid highway fund.
Subd. 7. Use of State Road
Construction Appropriations
Any money appropriated to the
commissioner of transportation for
state road construction for any fiscal
year before fiscal year 2006 is
available to the commissioner during
fiscal years 2006 and 2007 to the
extent that the commissioner spends the
money on the state road construction
project for which the money was
originally encumbered during the fiscal
year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of
finance by August 1, 2005, and August
1, 2006, on a form the commissioner of
finance provides, on expenditures made
during the previous fiscal year that
are authorized by this subdivision.
Subd. 8. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
review by the Legislative Advisory
Commission under Minnesota Statutes,
section 3.30, may transfer all or part
of the unappropriated balance in the
trunk highway fund to an appropriation
(1) for trunk highway design,
construction, or inspection in order to
take advantage of an unanticipated
receipt of income to the trunk highway
fund or to take advantage of federal
advanced construction funding, (2) for
trunk highway maintenance in order to
meet an emergency, or (3) to pay tort
or environmental claims. Any transfer
as a result of the use of federal
advanced construction funding must
include an analysis of the effects on
the long-term trunk highway fund
balance. The amount transferred is
appropriated for the purpose of the
account to which it is transferred.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 77,503,000 78,753,000
(a) Bus Transit
73,453,000 73,453,000
This appropriation is for bus system
operations.
(b) Rail Operations
4,050,000 5,300,000
This appropriation is for operations of
the Hiawatha light rail transit line.
This appropriation is for paying 50
percent of operating costs for the
Hiawatha light rail transit line after
operating revenue and federal funds are
used for light rail transit operations.
The remaining operating costs up to a
maximum of $4,050,000 the first year
and $5,300,000 the second year are to
be paid by the Hennepin County Regional
Rail Authority, using any or all of
these sources:
(1) general tax revenues of Hennepin
County;
(2) the authority's reserves; and
(3) taxes levied under Minnesota
Statutes, section 398A.04, subdivision
8, notwithstanding any provision in
that subdivision that limits amounts
that may be levied for light rail
transit purposes.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 132,448,000 131,869,000
Summary by Fund
General 5,242,000 5,247,000
Trunk Highway 73,346,000 73,337,000
Highway User 8,443,000 8,513,000
Special Revenue 45,417,000 44,742,000
Subd. 2. Administration
and Related Services 9,694,000 9,699,000
Summary by Fund
General 2,371,000 2,376,000
Trunk Highway 5,938,000 5,938,000
Highway User 1,385,000 1,385,000
(a) Office of Communications
385,000 385,000
Summary by Fund
General 39,000 39,000
Trunk Highway 346,000 346,000
(b) Public Safety Support
6,855,000 6,860,000
Summary by Fund
General 2,241,000 2,246,000
Trunk Highway 3,248,000 3,248,000
Highway User 1,366,000 1,366,000
$375,000 the first year and $380,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$314,000 the first year and $314,000
the second year are to be deposited in
the public safety officer's benefit
account. This money is available for
reimbursements under Minnesota
Statutes, section 299A.465.
$508,000 the first year and $508,000
the second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
$792,000 the first year and $792,000
the second year are appropriated from
the general fund for transfer by the
commissioner of finance to the trunk
highway fund on December 31, 2005, and
December 31, 2006, respectively, in
order to reimburse the trunk highway
fund for expenses not related to the
fund. These represent amounts
appropriated out of the trunk highway
fund for general fund purposes in the
administration and related services
program.
$610,000 the first year and $610,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the trunk highway fund on
December 31, 2005, and December 31,
2006, respectively, in order to
reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user tax distribution fund
purposes in the administration and
related services program.
$716,000 the first year and $716,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the general fund on December
31, 2005, and December 31, 2006,
respectively, in order to reimburse the
general fund for expenses not related
to the fund. These represent amounts
appropriated out of the general fund
for operation of the criminal justice
data network related to driver and
motor vehicle licensing.
(c) Technical Support Services
2,454,000 2,454,000
Summary by Fund
General 91,000 91,000
Trunk Highway 2,344,000 2,344,000
Highway User 19,000 19,000
Subd. 3. State Patrol 70,047,000 70,038,000
Summary by Fund
General 2,871,000 2,871,000
Trunk Highway 67,084,000 67,075,000
Highway User 92,000 92,000
(a) Patrolling Highways
60,739,000 60,730,000
Summary by Fund
General 37,000 37,000
Trunk Highway 60,610,000 60,601,000
Highway User 92,000 92,000
$3,700,000 the first year is for the
cost of adding State Patrol positions.
If money transferred to the trunk
highway fund in the first year from the
alcohol enforcement account in the
special revenue fund is less than the
amount specified in this paragraph, the
commissioner shall make up the
difference by transferring to the trunk
highway fund money allocated to the
commissioner under the federal Repeat
Offender Transfer Program, Public Law
105-206, section 164.
(b) Commercial Vehicle Enforcement
6,474,000 6,474,000
This appropriation is from the trunk
highway fund.
(c) Capitol Security
2,834,000 2,834,000
The commissioner may not (1) spend any
money from the trunk highway fund for
capitol security or (2) permanently
transfer any state trooper from the
patrolling highways activity to capitol
security.
The commissioner may not transfer any
money (1) appropriated for Department
of Public Safety administration, the
patrolling of highways, commercial
vehicle enforcement, or driver and
vehicle services to capitol security or
(2) from capitol security.
Subd. 4. Driver and Vehicle Services
51,389,000 50,814,000
Summary by Fund
Highway User 6,966,000 7,036,000
Special Revenue 44,423,000 43,778,000
(a) Vehicle Services
23,383,000 23,849,000
Summary by Fund
Highway User 6,966,000 7,036,000
Special Revenue 16,417,000 16,813,000
This appropriation is from the vehicle
services operating account in the
special revenue fund.
(b) Driver Services
28,006,000 26,965,000
This appropriation is from the driver
services operating account in the
special revenue fund.
Subd. 5. Traffic Safety 324,000 324,000
This appropriation is from the trunk
highway fund.
The commissioner of public safety shall
spend 50 percent of the money available
to the state under Public Law 105-206,
section 164, and the remaining 50
percent must be transferred to the
commissioner of transportation for
hazard elimination activities under
United States Code, title 23, section
152.
Subd. 6. Pipeline Safety 994,000 994,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Sec. 5. GENERAL CONTINGENT
ACCOUNTS 375,000 375,000
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
Legislative Advisory Commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 6. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
ARTICLE 2
PUBLIC SAFETY ACTIVITIES, FEES, ACCOUNTS
Section 1. Minnesota Statutes 2004, section 115A.908,
subdivision 1, is amended to read:
Subdivision 1. [FEE CHARGED.] A fee of $4 $10 shall be
charged on the initial registration and each subsequent transfer
of title within the state, other than transfers for resale
purposes, of every motor vehicle weighing more than 1,000
pounds. The fee shall be collected in an appropriate manner by
the motor vehicle registrar commissioner of public safety.
Registration plates or certificates of title may not be issued
by the motor vehicle registrar commissioner of public safety for
the ownership or operation of a motor vehicle subject to the
transfer fee unless the fee is paid. The fee may not be charged
on the transfer of:
(1) previously registered vehicles if the transfer is to
the same person;
(2) vehicles subject to the conditions specified in section
297A.70, subdivision 2; or
(3) vehicles purchased in another state by a resident of
another state if more than 60 days have elapsed after the date
of purchase and the purchaser is transferring title to this
state and has become a resident of this state after the purchase.
Sec. 2. Minnesota Statutes 2004, section 168.013,
subdivision 8, is amended to read:
Subd. 8. [PROCEEDS TO HIGHWAY USER FUND; VEHICLE SERVICES
OPERATING ACCOUNT.] (a) Unless otherwise specified in this
chapter, the net proceeds of the registration tax imposed on
motor vehicles under this chapter shall must be collected by the
registrar of motor vehicles and commissioner, paid into the
state treasury, and credited to the highway user tax
distribution fund.
(b) All fees collected under this chapter, unless otherwise
specified, must be deposited in the vehicle services operating
account in the special revenue fund under section 299A.705.
Sec. 3. Minnesota Statutes 2004, section 168.09,
subdivision 7, is amended to read:
Subd. 7. [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.]
(a) A vehicle that displays a special plate issued under section
168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123;
168.124; 168.125; 168.126; 168.128; or 168.129, may display a
temporary permit in conjunction with expired registration if:
(1) the current registration tax and all other fees have
been paid in full; and
(2) the plate requires replacement under section 168.12,
subdivision 1, paragraph (b) (d), clause (3).
(b) A vehicle that is registered under section 168.10 may
display a temporary permit in conjunction with expired
registration, with or without a registration license plate, if:
(1) the license plates have been applied for and the
registration tax has been paid in full, as provided for in
section 168.10; and
(2) the vehicle is used solely as a collector vehicle while
displaying the temporary permit and not used for general
transportation purposes.
(c) The permit is valid for a period of 60 days. The
permit must be in a form format prescribed by the commissioner
of public safety and whenever practicable must be posted upon
the driver's side of the rear window on the inside of the
vehicle. The permit is valid only for the vehicle for which it
was issued to allow a reasonable time for the new license plates
to be manufactured and delivered to the applicant.
Sec. 4. Minnesota Statutes 2004, section 168.105,
subdivision 2, is amended to read:
Subd. 2. [AFFIDAVIT FOR REGISTRATION AND TAXATION.] (a) A
classic motorcycle must be listed for taxation taxed and
registration registered by executed the vehicle owner submitting
an affidavit to the commissioner stating (1) the name and
address of the owner, (2) the name and address of the person
from whom purchased, (3) the make of the classic motorcycle, (4)
the year and number of the model, (5) the manufacturer's vehicle
identification number, (6) that the motorcycle is owned and
operated solely as a collector's item and will not be used for
general transportation purposes, and (7) that the owner has one
or more motor vehicles with regular license plates.
(b) When the registrar commissioner is satisfied that the
affidavit is true, correct, and complete and that the owner has
paid a $10 registration tax, the registrar commissioner shall
list the vehicle for taxation and registration register the
vehicle and shall issue special number plates.
Sec. 5. Minnesota Statutes 2004, section 168.105,
subdivision 3, is amended to read:
Subd. 3. [SPECIAL CLASSIC PLATES.] The registrar
commissioner shall issue number plates of the same size as
standard motorcycle license plates and inscribed "collector" and
"Minnesota" with the registration number or other combination of
characters authorized under section 168.12, subdivision 2a, but
without a date. The plates are valid without renewal as long as
the classic motorcycle exists and may be issued for the
applicant's use only for the classic motorcycle. The registrar
commissioner may revoke the plates for noncompliance with this
subdivision.
Sec. 6. Minnesota Statutes 2004, section 168.105,
subdivision 5, is amended to read:
Subd. 5. [ORIGINAL PLATES.] (a) Instead of being
issued special classic motorcycle plates, a classic motorcycle
registered under this section may display original Minnesota
number plates issued in the same year as the model year of the
motorcycle on which they are displayed. The number of on the
original plates must be provided to the registrar commissioner.
(b) Original Minnesota number plates may not be used if the
number on the original plate is identical to the number on a
current collector's plate issued by the registrar commissioner.
(c) A person currently using classic motorcycle plates
issued under this section, shall return those plates to the
registrar before substituting original plates.
(d) If the vehicle is not registered as a collector
vehicle, the registrar may commissioner shall charge a fee of
$10 for registering the number on the original plates.
Sec. 7. Minnesota Statutes 2004, section 168.12, is
amended to read:
168.12 [LICENSE PLATES.]
Subdivision 1. [NUMBER PLATES; DESIGN, VISIBILITY, PERIODS
OF ISSUANCE.] (a) The registrar commissioner, upon the approval
and payment, shall issue to the applicant the number plates
required by law this chapter, bearing the state name and the an
assigned vehicle registration number assigned. The number
assigned by the commissioner may be a combination of a letter or
sign with figures. The color of the plates and the color of the
abbreviation of the state name and the number assigned shall
must be in marked contrast. The plates shall must be lettered,
spaced, or distinguished to suitably indicate the registration
of the vehicle according to the rules of the registrar, and
commissioner.
(b) When a vehicle is registered on the basis of total
gross weight, the plates issued shall must clearly indicate by
letters or other suitable insignia the maximum gross weight for
which the tax has been paid. These number
(c) The plates shall must be so treated as to be at least
100 times brighter than the conventional painted number plates.
When properly mounted on an unlighted vehicle, these number the
plates, when viewed from a vehicle equipped with standard
headlights, shall must be visible for a distance of not less
than 1,500 feet and readable for a distance of not less than 110
feet.
(b) (d) The registrar commissioner shall issue these
number plates for the following periods:
(1) New number plates issued pursuant to section 168.012,
subdivision 1, shall must be issued to a vehicle for as long as
it the vehicle is owned by the exempt agency and the plate shall
not be transferable from one vehicle to another but the plate
may be transferred with the vehicle from one tax-exempt agency
to another.
(2) Plates issued for passenger automobiles as defined in
section 168.011, subdivision 7, shall must be issued for a
seven-year period. All plates issued under this paragraph must
be replaced if they are seven years old or older at the time
of annual registration renewal or will become so during the
registration period.
(3) Number Plates issued under sections 168.053 and 168.27,
subdivisions 16 and 17, shall must be for a seven-year period.
(4) Number Plates issued under subdivisions 2c and 2d and
section 168.123 shall must be issued for the life of the veteran
under section 169.79.
(5) Plates for any vehicle not specified in clauses (1) to
(3), except for trailers as hereafter provided, shall must be
issued for the life of the vehicle. Beginning with number
plates issued for the year 1981, plates issued for trailers with
a total gross weight of 3,000 pounds or less shall must be
issued for the life of the trailer and shall must be not more
than seven inches in length and four inches in width.
(c) (e) In a year in which plates are not issued, the
registrar commissioner shall issue for each registration a tab
or sticker to designate the year of registration. This tab or
sticker shall must show the calendar year or years for which the
sticker is issued, and is valid only for that period.
The number plates, number tabs, or and stickers issued for a
motor vehicle may not be transferred to another motor vehicle
during the period for which it the sticker is issued, except
when issued for a motor vehicle registered under section 168.187.
(d) Notwithstanding (f) Despite any other provision of this
subdivision, number plates issued to a vehicle which is used for
behind-the-wheel instruction in a driver education course in a
public school may be transferred to another vehicle used for the
same purpose without payment of any additional fee. The
registrar shall be notified public school shall notify the
commissioner of each transfer of number plates under this
paragraph and. The commissioner may prescribe a form format for
notification.
Subd. 2. [AMATEUR RADIO LICENSEE; SPECIAL PLATES.] (a) Any
The commissioner shall issue amateur radio plates to an
applicant who:
(1) is an owner or joint owner of a passenger automobile,
van or pickup truck, or a self-propelled recreational motor
vehicle, and;
(2) is a resident of this state, and who;
(3) holds an official amateur radio station license, or a
citizens radio service class D license, in good standing, issued
by the Federal Communications Commission shall upon compliance;
(4) pays the registration tax required under section
168.013;
(5) pays a fee of $10 for each set of special plates and
any other fees required by this chapter; and
(6) complies with all laws of this state relating to this
chapter and rules governing the registration of motor vehicles
and the licensing of motor vehicles and drivers, be furnished
with license plates for the motor vehicle, as prescribed by law,
upon which,;
(b) In lieu of the numbers registration number required for
identification under subdivision 1, shall be inscribed the
plates must indicate the official amateur call letters of the
applicant, as assigned by the Federal Communications Commission,
and the words "AMATEUR RADIO."
The applicant shall pay in addition to the registration tax
required by law, the sum of $10 for the special license plates,
and at the time of delivery of the special license plates the
applicant shall surrender to the registrar the current license
plates issued for the motor vehicle.
(c) This provision for the issue of special license plates
shall apply applies only if the applicant's motor vehicle is
already registered in Minnesota so that the applicant has valid
regular Minnesota plates issued for that motor vehicle under
which to operate it during the time that it will take to have
the necessary special license plates made.
(d) If owning or jointly owning more than one motor vehicle
of the type specified in this subdivision, the applicant may
apply for special plates for each of not more than two motor
vehicles, and, if each application complies with this
subdivision, the registrar commissioner shall furnish the
applicant with the special plates, inscribed with indicating the
official amateur call letters and other distinguishing
information as the registrar commissioner considers necessary,
for each of the two motor vehicles.
(e) And The registrar commissioner may make reasonable
rules governing the use of the special license plates as will
assure the full compliance by the owner and holder of the
special plates, with all existing laws governing the
registration of motor vehicles, and the transfer and the use
thereof of the plates.
(b) (f) Despite any contrary provision of subdivision 1,
the special license plates issued under this subdivision may be
transferred by an owner to another motor vehicle listed in
paragraph (a) and registered to the same owner, upon the payment
of a fee of $5. The registrar commissioner must be notified of
before the transfer and may prescribe a form format for the
notification.
(c) Fees collected under this subdivision must be paid into
the state treasury and credited to the highway user tax
distribution fund.
Subd. 2a. [PERSONALIZED PLATES; RULES.] (a) The
commissioner shall issue personalized license plates must be
issued or, if requested for special plates issued under section
168.123 for veterans, 168.124 for medal of honor recipients, or
168.125 for former prisoners of war, applicable personalized
special veterans plates, to an applicant for registration of who:
(1) is an owner of a passenger automobile including a
passenger automobile registered as a classic car, pioneer car,
collector car, or street rod; van; pickup truck as defined in
section 168.011, subdivision 29, and any other truck with a
manufacturer's nominal rated capacity of one ton or less and
resembling a pickup truck; a motorcycle, including a classic
motorcycle; or self-propelled a recreational motor vehicle, upon
compliance with the laws of this state relating to registration
of the vehicle and upon payment of;
(2) pays a onetime fee of $100 in addition to and any other
fees required by this chapter;
(3) pays the registration tax required by law this chapter
for the motor vehicle; and
(4) complies with this chapter and rules governing
registration of motor vehicles and licensing of drivers.
(b) The registrar commissioner shall designate charge a
replacement fee for personalized license plates that is
calculated to cover the cost of replacement and personalized
special veterans plates issued under section 168.123 as
specified in subdivision 5. This fee must be paid by the
applicant whenever the personalized license plates are required
to be replaced by law, except that as provided in section
168.124, subdivision 3, and 168.125, subdivision 1b, no fee may
be charged to replace plates issued under those sections.
(c) In lieu of the numbers registration number assigned as
provided in subdivision 1, personalized license plates and
personalized special veterans plates must have imprinted on them
a series of not more than seven numbers and letters, or five
numbers and letters for personalized special veterans plates, in
any combination and, as applicable, satisfy the design
requirements of sections 168.123, 168.124, or 168.125. When an
applicant has once obtained personalized plates or personalized
special veterans plates, the applicant shall have a prior claim
for similar personalized plates or personalized special veterans
plates in the next succeeding year as long as current motor
vehicle registration is maintained.
(d) The commissioner of public safety shall adopt rules in
the manner provided by chapter 14, regulating the issuance and
transfer of personalized license plates and personalized special
veterans plates. No words or combination of letters placed
on personalized license these plates may be used for commercial
advertising, be of an obscene, indecent, or immoral nature, or
be of a nature that would offend public morals or decency. The
call signals or letters of a radio or television station are not
commercial advertising for the purposes of this subdivision.
(b) Notwithstanding (e) Despite the provisions of
subdivision 1, personalized license plates and personalized
special veterans plates issued under this subdivision may be
transferred to another motor vehicle owned or jointly listed in
paragraph (a) and owned by the applicant, upon the payment of a
fee of $5, which must be paid into the state treasury and
credited to the highway user tax distribution fund.
(f) The registrar commissioner may by rule provide a form
specify the format for notification.
(g) A personalized license plate or personalized special
veterans plate issued for a classic car, pioneer car, collector
car, street rod, or classic motorcycle may not be transferred to
a vehicle not eligible for such a license plate.
(c) Notwithstanding (h) Despite any law to the contrary, if
the personalized license plates are lost, stolen, or destroyed,
the applicant may apply and shall receive must be issued
duplicate license plates bearing the same combination of letters
and numbers and the same design as (1) the former personalized
plates or personalized special veterans plates under section
168.123 upon the payment of the fee required by section
168.29 or (2) the former personalized special veterans plates
issued under section 168.124 or 168.125, without charge.
(d) Fees from the sale of permanent and duplicate
personalized license plates must be paid into the state treasury
and credited to the highway user tax distribution fund.
Subd. 2b. [FIREFIGHTERS; SPECIAL PLATES.] (a) The
registrar commissioner shall issue special license plates, or a
single license plate in the case of a motorcycle plate, to any
applicant who:
(1) is both a member of a fire department receiving state
aid under chapter 69 and an owner or joint owner of a passenger
automobile, or a truck with a manufacturer's nominal rated
capacity of one ton and resembling a pickup truck, upon payment
of or a motorcycle;
(2) pays a fee of $10 and upon payment of any other fees
required by this chapter;
(3) pays the registration tax required by law this chapter
for the motor vehicle and compliance with other laws of this
state relating to; and
(4) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers.
(b) In lieu of the identification required under
subdivision 1, the special license plates shall be inscribed
with a symbol must bear an emblem of a Maltese Cross together
with five any numbers or characters prescribed by the
commissioner. No applicant shall receive more than two sets of
plates for motor vehicles owned or jointly owned by the
applicant.
(b) (c) Special plates issued under this subdivision may
only be used during the period that the owner or joint owner of
the motor vehicle is a member of a fire department as specified
in this subdivision. When the person individual to whom the
special plates were issued is no longer a member of a fire
department or when the motor vehicle ownership is transferred,
the owner shall remove the special license plates shall be
removed from the motor vehicle and returned to the registrar.
Upon return removal of the special plates, or special motorcycle
plate, either the owner or purchaser of the motor vehicle is
entitled to receive regular plates or a regular motorcycle plate
for the motor vehicle without cost for the remainder of the
registration period for which the special plate or plates were
issued.
Firefighter license plates issued pursuant to this
subdivision may be transferred to another motor vehicle upon
payment of $5, which fee shall be paid into the state treasury
and credited to the highway user tax distribution fund. (d) A
special motorcycle license plate issued under this subdivision
must be the same size as a standard motorcycle license plate.
(e) Upon payment of a fee of $5, plates issued under this
subdivision for a passenger automobile or truck may be
transferred to another passenger automobile or truck owned or
jointly owned by the person to whom the plates were issued. On
payment of a fee of $5, a plate issued under this subdivision
for a motorcycle may be transferred to another motorcycle owned
or jointly owned by the person to whom the plate was issued.
(c) (f) The commissioner of public safety may adopt rules
under the Administrative Procedure Act, sections 14.001 to
14.69, to govern the issuance and use of the special plates
authorized in this subdivision. All fees from the sale of
special license plates for firefighters shall be paid into the
state treasury and credited to the highway user tax distribution
fund.
Subd. 2c. [NATIONAL GUARD; SPECIAL PLATES.] (a) The
registrar commissioner shall issue special license plates to any
applicant who:
(1) is a regularly enlisted, commissioned, or retired
member of the Minnesota National Guard, other than an inactive
member who is not a retired member, and is an owner or joint
owner of a passenger automobile, van, or pickup truck included
within the definition of a passenger automobile upon payment of;
(2) pays a fee of $10, payment of and any other fees
required by this chapter;
(3) pays the registration tax required by law, and
compliance with other laws of this state relating to this
chapter; and
(4) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers.
(b) The adjutant general shall design the emblem for these
special plates subject to the approval of the registrar
commissioner. No
(c) An applicant shall must not be issued more than two
sets of plates for motor vehicles owned or jointly owned by
registered to the applicant. The adjutant general shall
estimate the number of special plates that will be required and
submit the estimate to the registrar.
(b) (d) Special plates issued under this subdivision may
only be used during the period that the owner or joint owner of
the motor vehicle is an active or retired member of the
Minnesota National Guard as specified in this subdivision. When
the person individual to whom the special plates were issued is
no longer an active or retired member of the Minnesota National
Guard, the special plates must be removed from the vehicle and
returned to by the registrar owner. Upon return removal of
the special plates, either the owner or purchaser of the motor
vehicle is entitled to receive regular plates for the motor
vehicle without cost for the remainder of the registration
period for which the special plates were issued.
(e) While the person is an active or retired member of the
Minnesota National Guard, plates issued pursuant to this
subdivision may be transferred to another motor vehicle owned or
jointly owned by that person individual upon payment of a fee of
$5.
(c) (f) For purposes of this subdivision, "retired member"
means a person an individual placed on the roll of retired
officers or roll of retired enlisted members in the Office of
the Adjutant General under section 192.18 and who is not
deceased.
(d) All fees collected under the provisions of this
subdivision shall be paid into the state treasury and credited
to the highway user tax distribution fund.
(e) (g) The registrar commissioner may adopt rules under
the Administrative Procedure Act to govern the issuance and use
of the special plates authorized by this subdivision.
Subd. 2d. [READY RESERVE; SPECIAL PLATES.] (a) The
registrar commissioner shall issue special license plates to an
applicant who:
(1) is not eligible for special license National Guard
plates under subdivision 2c, who is a member of the United
States Armed Forces Ready Reserve as described in United States
Code, title 10, section 10142 or 10143, and is an owner or joint
owner of a passenger automobile, van, or pickup truck, on
paying;
(2) pays a fee of $10, paying and any other fees required
by this chapter;
(3) pays the registration tax required by law, and
complying with other laws of this state relating to this
chapter; and
(4) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers.
(b) The commissioner of veterans affairs shall design the
emblem for these special plates subject to the approval of the
registrar commissioner. No
(c) An applicant may must not be issued more than two sets
of plates for motor vehicles owned or jointly owned by the
applicant. The commissioner of veterans affairs shall estimate
the number of special plates that will be required and submit
the estimate to the registrar.
(b) (d) Special plates issued under this subdivision may
only be used during the period that the owner or joint owner of
the motor vehicle is a member of the ready reserve. When the
person owner is no longer a member, the special plates must be
removed from the motor vehicle and returned to the registrar by
the owner. On returning removing the special plates, either the
owner or purchaser of the motor vehicle is entitled to receive
regular plates for the motor vehicle without cost for the rest
of the registration period for which the special plates were
issued. While the person owner is a member of the ready
reserve, plates issued under this subdivision may be transferred
to another motor vehicle owned or jointly owned by that person
individual on paying a fee of $5.
(c) The fees collected under this subdivision must be paid
into the state treasury and credited to the highway user tax
distribution fund.
(d) (e) The registrar commissioner may adopt rules under
the Administrative Procedure Act to govern the issuance and use
of the special plates authorized by this subdivision.
Subd. 2e. [VOLUNTEER AMBULANCE ATTENDANTS; SPECIAL
PLATES.] (a) The registrar commissioner shall issue special
license plates to an applicant who:
(1) is a volunteer ambulance attendant as defined in
section 144E.001, subdivision 15, and who owns or jointly owns a
motor vehicle taxed as a passenger automobile. The registrar
shall issue the special plates on payment of;
(2) pays the registration tax required by law this chapter
for the motor vehicle, compliance with all other applicable laws
relating to;
(3) pays a fee of $10 and any other fees required by this
chapter; and
(4) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers, and payment of an additional fee of $10.
(b) The registrar commissioner shall not issue more than
two sets of these plates to each qualified applicant.
(b) A person (c) An individual may use special plates
issued under this subdivision only during the period that
the person individual is a volunteer ambulance attendant. When
the person individual to whom the special plates were issued
ceases to be a volunteer ambulance attendant, the person
individual shall return remove each set of special plates issued
to that person. When ownership of a the motor vehicle is
transferred, the person individual shall remove the special
plates from that motor vehicle and return them to the
registrar. On return removal of each set of plates, the owner
of the motor vehicle, or new owner in case of a
transferred motor vehicle, is entitled to receive
regular license plates for the motor vehicle without cost for
the rest of the registration period for which the set of special
plates were issued. Special plates issued under this
subdivision may be transferred to another motor vehicle owned by
the volunteer ambulance attendant on payment of a fee of $5.
(c) The fees specified in this subdivision must be paid
into the state treasury and deposited in the highway user tax
distribution fund.
(d) The commissioner may adopt rules governing the design,
issuance, and sale of the special plates authorized by this
subdivision.
Subd. 2f. [ORIGINAL LICENSE PLATES.] (a) On application of
the owner and in lieu of issuing license plates under
subdivision 1 to a motor vehicle registered and taxed as a
passenger automobile, the registrar commissioner may assign to
the motor vehicle original Minnesota number registration plates
issued in the same year as the model year of the motor vehicle,
if (1) the original license plates are at least 20 years old,
(2) the owner of the motor vehicle has the original license
plates in possession at the time of the application, and (3) the
owner provides the license plate number to the registrar
commissioner.
(b) License Plates displayed under this subdivision,
including tabs and stickers applied to the plates, must be
clearly legible and must be displayed at the front and rear of
on the motor vehicle.
(c) The registrar commissioner shall not assign the
registration number on the original license plates to the motor
vehicle if the registrar commissioner determines that the number
on the original plate is identical to the number on any current
license plate in the current or reserved numbering system used
by the registrar commissioner. A person currently using license
plates issued by the registrar on the vehicle shall return those
license plates to the registrar before displaying original
license plates under this subdivision.
(d) Notwithstanding Despite subdivision 1, an original
license plate whose number has been assigned under this
subdivision may be displayed for as long as the license plates,
including tabs and stickers on the plates, are clearly
legible and the number is not subsequently used by the
commissioner as a plate number in a registration numbering
system.
(e) Notwithstanding Despite subdivision 1, original license
plates assigned under this subdivision need not bear a tab or
sticker to indicate the month or year of registration if
the motor vehicle carries the registration certificate issued
under section 168.11 at all times when the motor vehicle is
operated on the public highways.
(f) The registrar commissioner may charge a fee for
receiving an application and assigning original license plate
numbers.
Subd. 5. [ADDITIONAL FEE.] (a) In addition to any fee
otherwise authorized or any tax otherwise imposed upon any motor
vehicle, the payment of which is required as a condition to the
issuance of any number license plate or plates, the commissioner
of public safety shall impose the fee specified in paragraph (b)
that is calculated to cover the cost of manufacturing and
issuing the license plate or plates, except for license plates
issued to disabled veterans as defined in section 168.031 and
license plates issued pursuant to section 168.124, 168.125, or
168.27, subdivisions 16 and 17, for passenger automobiles. The
commissioner shall issue graphic design license plates shall
only be issued for vehicles registered pursuant to section
168.017 and recreational vehicles registered pursuant to section
168.013, subdivision 1g.
(b) Unless otherwise specified or exempted by statute, the
following plate and validation sticker fees apply for the
original, duplicate, or replacement issuance of a plate in a
plate year:
Sequential Regular Double Plate $ 4.25
Sequential Special Plate-Double $ 7.00
Sequential Regular Single Plate $ 3.00
Sequential Special Plate-Single $ 5.50
Utility Trailer Self-Adhesive Plate $ 2.50
Nonsequential Double Plate $14.00
Nonsequential Single Plate $10.00
Duplicate Sticker $ 1.00
(c) Fees collected under this subdivision must be paid into
the state treasury and credited to the highway user tax
distribution fund.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
except that amendments to subdivision 2a are effective August 1,
2006.
Sec. 8. Minnesota Statutes 2004, section 168.123, is
amended to read:
168.123 [VETERANS; SPECIAL LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On
payment of a fee of $10 for each set of two 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 applicable laws relating to the vehicle registration and
licensing of a passenger automobile, pickup truck, van,
self-propelled recreational equipment, or motorcycle, as
applicable, the registrar commissioner shall issue:
(1) special license veteran's plates to an applicant who
served in the active military service in a branch of the armed
forces of the United States or of a nation or society allied
with the United States in conducting a foreign war, was
discharged under honorable conditions, and is an owner or joint
a registered owner of a passenger automobile, pickup truck, van,
or self-propelled recreational equipment motor vehicle, or truck
resembling a pickup truck and having a manufacturer's nominal
rated capacity of one ton, but which is not a commercial motor
vehicle as defined in section 169.01, subdivision 75; or
(2) a veteran's special motorcycle license plate as
described in subdivision 2, paragraph (a), (f), (h), or (i) or
another special license plate designed by the commissioner of
public safety to an applicant who is a Vietnam veteran who
served after July 1, 1961, and before July 1, 1978, and who
served in the active military service in a branch of the armed
forces of the United States in conducting a foreign war, was
discharged under honorable conditions, and is an owner or
joint registered owner of a motorcycle and meets the criteria
listed in this paragraph and in subdivision 2, paragraph (a),
(f), (h), or (i). Plates issued under this clause must be the
same size as standard regular motorcycle license
plates. Special motorcycle license plates issued under this
clause are not subject to section 168.1293.
(b) The additional fee of $10 is payable for each set
of veteran's plates, is payable only when the plates are issued,
and is not payable in a year in which tabs or stickers are
issued instead of number plates. An applicant must not be
issued more than two sets of plates for vehicles listed in
paragraph (a) and owned or jointly owned by the applicant.
(c) The veteran shall must have a certified copy of the
veteran's discharge papers, indicating character of discharge,
at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a
nation or society allied with the United States in conducting a
foreign war and is unable to obtain a record of that service and
discharge status, the commissioner of veterans affairs may
certify the applicant as qualified for the veterans' license
plates provided under this section.
(d) For license plates issued for one-ton trucks described
in paragraph (a), clause (1), the commissioner shall collect a
surcharge of $5 on each $10 fee collected under paragraph (a).
The surcharge must be deposited in the vehicle services
operating account in the special revenue fund.
Subd. 2. [DESIGN.] The commissioner of veterans affairs
shall design the emblem for the veterans' special plates,
subject to the approval of the registrar commissioner, that
satisfy the following requirements:
(a) For a Vietnam veteran who served after July 1, 1961,
and before July 1, 1978, in the active military service in a
branch of the armed forces of the United States or a nation or
society allied with the United States the special plates must
bear the inscription "VIETNAM VET" and the letters "V" and "V"
with the first letter directly above the second letter and both
letters just preceding the first numeral of the special license
plate number.
(b) For a veteran stationed on the island of Oahu, Hawaii,
or offshore, during the attack on Pearl Harbor on December 7,
1941, the special plates must bear the inscription "PEARL HARBOR
SURVIVOR" and the letters "P" and "H" with the first letter
directly above the second letter and both letters just preceding
the first numeral of the special license plate number.
(c) For a veteran who served during World War I or World
War II, the special plates must bear the inscription "WORLD WAR
VET" and:
(1) for a World War I veteran, the characters "W" and "I"
with the first character directly above the second character and
both characters just preceding the first numeral of the special
license plate number; or
(2) for a World War II veteran, the characters "W" and "II"
with the first character directly above the second character and
both characters just preceding the first numeral of the special
license plate number.
(d) For a veteran who served during the Korean Conflict,
the special plates must bear the inscription "KOREAN VET" and
the letters "K" and "V" with the first letter directly above the
second letter and both letters just preceding the first numeral
of the special license plate number.
(e) For a combat wounded veteran who is a recipient of the
purple heart medal, the special plates must bear the inscription
"COMBAT WOUNDED VET" and inscribed with have a facsimile on an
emblem of the official purple heart medal and the letters "C"
over "W" with the first letter directly over the second letter
just preceding the first numeral of the special license plate
number.
(f) For a Persian Gulf War veteran, the special plates must
bear the inscription "GULF WAR VET" and the letters "G" and "W"
with the first letter directly above the second letter and both
letters just preceding the first numeral of the special license
plate number. For the purposes of this section, "Persian Gulf
War veteran" means a person who served on active duty after
August 1, 1990, in a branch of the armed forces of the United
States or a nation or society allied with the United States or
the United Nations during Operation Desert Shield, Operation
Desert Storm, or other military operation in the Persian Gulf
area combat zone as designated in United States Presidential
Executive Order No. 12744, dated January 21, 1991.
(g) For a veteran who served in the Laos War after July 1,
1961, and before July 1, 1978, the special plates must bear the
inscription "LAOS WAR VET" and the letters "L" and "V" with the
first letter directly above the second letter and both letters
just preceding the first numeral of the special license plate
number.
(h) For a veteran who is the recipient of:
(1) the Iraq Campaign Medal, the special plates must be
inscribed with a facsimile of that medal and must bear the
inscription "IRAQ WAR VET" directly below the special plate
number;
(2) the Afghanistan Campaign Medal, the special plates must
be inscribed with a facsimile of that medal and must bear the
inscription "AFGHAN WAR VET" directly below the special plate
number; or
(3) the Global War on Terrorism Expeditionary Medal, the
special plates must be inscribed with a facsimile of that medal
and must bear the inscription "GWOT VETERAN" directly below the
special plate number.
(i) For a veteran who is the recipient of the Global War on
Terrorism Service Medal, the special plates must be inscribed
with a facsimile of that medal and must bear the inscription
"GWOT VETERAN" directly below the special plate number. In
addition, any member of the National Guard or other military
reserves who has been ordered to federally funded state active
service under United States Code, title 32, as defined in
section 190.05, subdivision 5b, and who is the recipient of the
Global War on Terrorism Service Medal, is eligible for the
license plate described in this paragraph, irrespective of
whether that person qualifies as a veteran under section 197.447.
Subd. 2a. [TEMPORARY SURCHARGE.] For license plates issued
under subdivision 2, paragraphs (h) and (i), the commissioner
shall collect a surcharge of $5 on each $10 fee collected under
subdivision 1, paragraph (a). The surcharge must be deposited
in the vehicle services operating account in the special revenue
fund.
Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans
affairs shall estimate the number of special plates that will be
required and submit the estimate to the registrar.
Subd. 4. [PLATES TRANSFER.] (a) On payment of a fee of $5,
plates issued under subdivision 1, paragraph (a), clause (1),
may be transferred to another passenger automobile, pickup
truck, van, or self-propelled recreational equipment owned or
jointly owned by motor vehicle, or one-ton truck described in
subdivision 1, paragraph (a), clause (1), registered to the
person individual to whom the plates were issued.
(b) On payment of a fee of $5, a plate issued under
subdivision 1, paragraph (a), clause (2), may be transferred to
another motorcycle owned or jointly owned by registered to the
person individual to whom the plate was issued.
Subd. 5. [FEES CREDITED.] Fees collected under this
section must be paid into the state treasury and credited to the
highway user tax distribution fund.
Subd. 6. [RULES.] The registrar commissioner may adopt
rules under the Administrative Procedure Act to govern the
issuance and use of the special plates authorized by this
section.
Sec. 9. Minnesota Statutes 2004, section 168.1235, is
amended to read:
168.1235 [VETERANS SERVICE GROUPS; SPECIAL STICKERS GROUP
EMBLEMS.]
Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On
payment of a fee of $10 for each set of two license plates,
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 vehicle, as applicable, The registrar commissioner
shall issue a special license plate sticker emblem for each
plate to an applicant who:
(1) is a member of a congressionally chartered veterans
service organization and is an owner or joint a registered owner
of a passenger automobile, pickup truck, van, or self-propelled
recreational vehicle;
(2) pays the registration tax required by law;
(3) pays a fee of $10 for each set of two plates, and any
other fees required by this chapter; and
(4) complies with this chapter and rules governing the
registration of motor vehicles and licensing of drivers.
(b) The additional fee of $10 is payable at the time of
initial application for the special license plate stickers
emblem 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 emblems for motor vehicles listed in
paragraph (a) and owned or jointly owned by registered to 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 applicant must present a valid card
indicating membership in the American Legion or Veterans of
Foreign Wars.
Subd. 2. [DESIGN.] (a) The commissioner of veterans
affairs, after consultation with each of the congressionally
chartered veterans service organizations, shall design the
special license plate stickers emblems, subject to the approval
of the registrar commissioner. The emblem, symbol, or other
pictorial representation on the sticker must be at least as
large as the letters and numerals on the plate and the registrar
commissioner shall allow for plates with spaces for the stickers
emblem in place of a numeral or letter.
(b) Each congressionally chartered veterans service
organization must arrange for any applicable rules of the
national organization to be changed or copyrights to be released
before the commissioner may issue special license plate stickers
emblems to members of any particular service organization under
this section.
Subd. 3. [NUMBER ESTIMATED.] The commissioner of veterans
affairs shall estimate the number of special plate stickers that
will be required and submit the estimate to the registrar.
Subd. 4. [PLATE STICKERS EMBLEM TRANSFER.] Notwithstanding
Despite section 168.12 or other law to the contrary, on payment
of a fee of $5, the veterans service organization special plate
stickers emblems issued under subdivision 1, may be transferred
by the owner to other license plates on a passenger automobile,
pickup truck, van, or self-propelled recreational vehicle owned
or jointly owned by registered to the person to whom the
stickers emblems were issued.
Subd. 5. [FEES CREDITED.] Fees collected under this
section must be paid into the state treasury and credited to the
highway user tax distribution fund.
Sec. 10. Minnesota Statutes 2004, section 168.124, is
amended to read:
168.124 [SPECIAL PLATES FOR MEDAL OF HONOR RECIPIENTS.]
Subdivision 1. [ISSUANCE AND DESIGN.] (a) The registrar of
motor vehicles commissioner shall issue special license plates
bearing the inscription "MEDAL OF HONOR" to an applicant who:
(1) is a recipient of the Congressional Medal of Honor and
upon the applicant's compliance with the laws of this state
relating to;
(2) is a registered owner of a passenger automobile,
motorcycle, or recreational motor vehicle; and
(3) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers.
(b) The special license plates must be of a design and size
determined by the registrar commissioner. Only one set of
plates, or a single plate in the case of a motorcycle, bearing
the inscription "MEDAL OF HONOR" may be issued for each
qualified applicant.
Subd. 2. [APPLICATION.] Application for issuance of these
plates may be made only at the time of renewal or first
application for registration.
Subd. 3. [NO FEE.] The registrar commissioner shall issue
a set of medal of honor plates to qualified applicants free of
charge and the plates must be replaced by the department without
charge if they become damaged. In addition, no fee may be
charged for a subsequent year when tabs or stickers are issued
for that a motor vehicle listed in subdivision 1 on which the
special medal of honor plates are placed. The motor vehicle
must be for personal use, not commercial purposes.
Subd. 4. [TRANSFER.] Despite the provisions of section
168.12, subdivision 1, medal of honor plates issued under this
section may be transferred to another personal motor vehicle
owned or jointly owned by registered to the medal of honor
recipient upon notification to the registrar of motor vehicles
commissioner.
Subd. 5. [MOTOR VEHICLE; SPECIAL DEFINITION.] For purposes
of this section, "motor vehicle" means a vehicle for personal
use, not used for commercial purposes, and may include a
passenger automobile, van, pickup truck, motorcycle, or
recreational vehicle.
Subd. 6. [WHEN ISSUED.] The registrar of motor vehicles
shall begin issuing medal of honor plates for the calendar year
1984 and thereafter.
Sec. 11. Minnesota Statutes 2004, section 168.125, is
amended to read:
168.125 [SPECIAL LICENSE PLATES FOR FORMER PRISONERS OF
WAR.]
Subdivision 1. [ISSUANCE AND DESIGN.] (a) The registrar
commissioner shall issue special license plates bearing the
inscription "EX-POW" to any applicant who:
(1) is both a former prisoner of war and an owner or joint
a registered owner of a passenger automobile, motorcycle, or
recreational motor vehicle upon the applicant's compliance with
all the laws of this state relating to; and
(2) complies with this chapter and rules governing the
registration of motor vehicles and licensing of motor vehicles
and drivers.
(b) The special license plates shall must be of a design
and size to be determined by the commissioner. Only one set of
plates, or a single plate in the case of a motorcycle, bearing
the "EX-POW" inscription may be issued for only one motor
vehicle per each qualified applicant.
Subd. 1a. [APPLICATION.] Application for issuance of these
plates shall must be made at the time of renewal or first
application for registration. The application shall must
include a certification by the commissioner of veterans affairs
that the applicant was a member of the military forces of the
United States who was captured, separated, and incarcerated by
an enemy of the United States during a period of armed conflict.
Subd. 1b. [NO FEE.] The registrar commissioner shall issue
a set of EX-POW plates, or a single plate for a motorcycle, to
qualified applicants, free of charge for the cost of the plates,
and shall replace them without charge if they become damaged.
In addition, no fee may be charged for a subsequent year
when tabs or stickers are issued for that motor vehicle on which
the special EX-POW plates are placed.
Subd. 1c. [PLATES TRANSFER.] Notwithstanding Despite the
provisions of section 168.12, subdivision 1, the special license
plates issued under this section may be transferred to another
motor vehicle owned or jointly owned by registered to the former
prisoner of war upon notification to the registrar of motor
vehicles commissioner.
Subd. 1d. [SURVIVING SPOUSE.] Upon the death of a former
prisoner of war, the registrar commissioner shall continue to
issue free of charge, upon renewal, the special license plates
to a motor vehicle owned by the surviving spouse of the former
prisoner of war. Special license plates issued to a surviving
spouse may be transferred to another motor vehicle owned by
registered to the surviving spouse as provided in subdivision
1c. No fee may be charged for replacement plates issued to a
surviving spouse or for tabs or stickers issued for the motor
vehicle on which the special "EX-POW" plates are placed. A
surviving spouse is not exempt from the motor vehicle
registration tax.
Subd. 1e. [MOTOR VEHICLE; SPECIAL DEFINITION.] For
purposes of this section, "motor vehicle" means a passenger
automobile, van, pickup truck, motorcycle, or recreational
vehicle.
Subd. 2. [SPECIAL PLATES; EX-POW AND DISABILITY
INSIGNIA EMBLEMS.] The registrar commissioner shall issue
special license plates bearing both the "EX-POW" and
disability insignia emblem to any applicant who is entitled to
the special license plates provided under this section and who
is also entitled to special license plates for the physically
disabled under section 168.021 upon compliance with the
provisions of both sections. The special license plates shall
must be of a design and size to be determined by the
commissioner.
Subd. 3. [RULES; COMMISSIONER OF PUBLIC SAFETY.] The
commissioner of public safety may promulgate adopt by rule, in
accordance with the provisions of chapter 14, the procedures for
issuance or transfer of the special license plates authorized
under this section.
Subd. 4. [RULES; COMMISSIONER OF VETERANS AFFAIRS.] The
commissioner of veterans affairs shall establish the procedure
for obtaining the certification of former prisoner of war status.
Subd. 5. [SAVINGS PROVISION.] Nothing in this section
shall alter alters the exemption for disabled war veterans
provided for in section 168.031.
Sec. 12. Minnesota Statutes 2004, section 168.1255, is
amended to read:
168.1255 [SPECIAL VETERAN CONTRIBUTION LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.]
The registrar commissioner shall issue special veteran
contribution license plates to an applicant who:
(1) is a veteran, as defined in section 197.447;
(2) is an owner or joint a registered owner of a passenger
automobile, pickup truck, or van;
(3) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(4) pays the registration tax required under section
168.013;
(5) pays the fees required under this chapter;
(6) pays an additional onetime World War II memorial
contribution of $30, which the department shall retain until all
start-up costs associated with the development and issuing of
the plates have been recovered, after which the commissioner
shall deposit contributions in the World War II donation match
account; and
(7) complies with laws this chapter and rules governing the
registration of motor vehicles and licensing of vehicles and
drivers.
Subd. 2. [DESIGN.] The commissioner of veterans affairs
shall design an emblem for the special plates, subject to the
approval of the registrar commissioner of public safety,
that satisfy satisfies the following requirements in this
subdivision:
(1) the special veteran contribution plates must bear the
inscription "PROUD TO BE A VETERAN" on the bottom of the plate;
and
(2) the flag of the United States of America must appear on
the left side of the plate just preceding the first letter or
numeral of the special license plate number.
Subd. 3. [PLATE TRANSFERS.] Notwithstanding Despite
section 168.12, subdivision 1, on payment of a transfer fee of
$5, plates issued under this section may be transferred to
another passenger automobile, pickup truck, or van owned or
jointly owned by registered to the person individual to whom the
special veteran contribution plates were issued.
Subd. 4. [FEES CREDITED.] The fees collected under this
section must be deposited in the state treasury and credited to
the highway user tax distribution fund. Fees collected under
this section do not include the contributions collected for the
World War II memorial donation match account.
Subd. 5. [RECORD.] The registrar commissioner shall
maintain a record of the number of special plates issued under
this section.
Sec. 13. Minnesota Statutes 2004, section 168.127,
subdivision 6, is amended to read:
Subd. 6. [FEES.] Instead of the filing fee described in
section 168.33, subdivision 7, the applicant for fleet
registration shall pay an equivalent administrative fee to the
commissioner for each vehicle in the fleet. The administrative
fee must be deposited in the state treasury and credited to the
highway user tax distribution fund.
Sec. 14. Minnesota Statutes 2004, section 168.128, is
amended to read:
168.128 [LIMOUSINE REGISTRATION, LICENSE PLATES.]
Subdivision 1. [UNIQUE LIMOUSINE REGISTRATION CATEGORY.] A
unique vehicle registration category is established for
limousines as defined in section 168.011, subdivision 35.
Subd. 2. [LICENSE PLATES.] (a) A person who operates a
limousine for other than personal use shall apply to register
the motor vehicle as provided in this section.
(b) A person who operates a limousine for personal use may
apply. The registrar commissioner shall issue limousine license
plates upon the applicant's compliance with laws relating to
registration and licensing of motor vehicles and drivers and
certification by to the registered owner of a limousine who:
(1) certifies that an insurance policy under section 65B.13
in an aggregate amount of $300,000 per accident is in effect for
the entire period of the registration under section 65B.135.
The applicant must provide the registrar;
(2) provides the commissioner with proof that the passenger
automobile license tax and a $10 fee have been paid for each
limousine receiving limousine license plates; and
(3) complies with this chapter and rules governing the
registration of motor vehicles and licensing of drivers.
(c) The limousine license plates must be designed to
specifically identify the vehicle as a limousine and must be
clearly marked with the letters "LM." Limousine license plates
may not be transferred upon sale of the limousine, but may be
transferred to another limousine owned by the same person upon
notifying the registrar commissioner and paying a $5 transfer
fee.
Subd. 3. [INSURANCE.] (a) The application must include a
certificate of insurance verifying that a valid commercial
insurance policy is in effect and giving the name of the
insurance company and the number of the insurance policy. The
policy must provide stated limits of liability, exclusive of
interest and costs, with respect to each motor vehicle for which
coverage is granted, of not less than $100,000 because of bodily
injury to one person in any one accident and, subject to said
that limit for one person, of not less than $300,000 because of
injury to two or more persons in any one accident and of not
less than $100,000 because of injury to or destruction of
property. The insurance company must notify the commissioner if
the policy is canceled or if the policy no longer provides the
coverage required by this subdivision.
(b) The commissioner shall immediately notify the
commissioner of transportation if the policy of a person
required to have a permit under section 221.84 is canceled or no
longer provides the coverage required by this subdivision.
Subd. 4. [FEES CREDITED TO HIGHWAY USER FUND.] Fees
collected from the sale of license plates under this section
must be paid into the state treasury and credited to the highway
user tax distribution fund.
Sec. 15. Minnesota Statutes 2004, section 168.129, is
amended to read:
168.129 [SPECIAL COLLEGIATE LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
commissioner of public safety shall issue special collegiate
license plates to an applicant who:
(1) is an owner or joint a registered owner of a passenger
automobile, pickup truck, or van;
(2) pays a fee determined by the commissioner as specified
in section 168.12, subdivision 5, to cover the costs of handling
and manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) contributes at least $25 annually to the scholarship
account established in subdivision 6; and
(6) complies with laws this chapter and rules governing
registration of motor vehicles and licensing of vehicles and
drivers.
Subd. 2. [DESIGN.] (a) After consultation with each
participating college, university, or postsecondary system, the
commissioner shall design the an emblem for each special
collegiate plates plate.
(b) In consultation with the commissioner, a participating
college or university annually shall indicate the anticipated
number of plates needed.
Subd. 3. [NO REFUND.] Contributions under this section
must not be refunded.
Subd. 4. [PLATES TRANSFER.] Notwithstanding Despite
section 168.12, subdivision 1, on payment of a transfer fee of
$5, plates issued under this section may be transferred to
another passenger vehicle, pickup, or van owned or jointly owned
by automobile registered to the person individual to whom the
special collegiate plates were issued.
Subd. 5. [FEES CREDITED.] The fees collected under this
section must be deposited in the state treasury and credited to
the highway user tax distribution fund. Fees collected under
this section do not include the contributions collected for the
scholarship account.
Subd. 6. [SCHOLARSHIP ACCOUNT.] A scholarship account is
created in the state treasury. Except for one percent that may
be retained by the commissioner of public safety for
administrative costs, all contributions received under this
section must be deposited by the commissioner in the scholarship
account. Money in the scholarship account is appropriated to
the governing board of the institution to which it is
attributable, as provided in subdivision 7.
Subd. 7. [RECORD.] The commissioner shall maintain a
record of the number of license plates issued for each
postsecondary institution or system in order to determine the
amount of scholarship funds available to that institution or
system.
Sec. 16. Minnesota Statutes 2004, section 168.1291, is
amended to read:
168.1291 [SPECIAL LICENSE PLATES; UNIFORM DESIGN, UNIQUE
EMBLEMS.]
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under
sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129.
Subd. 2. [UNIFORM DESIGN OF SPECIAL PLATES.] (a) The
commissioner shall design a single special license plate that
will contain a unique number and a space for a unique symbol
emblem for plates issued under sections 168.12, subdivisions 2b
and 2e; 168.1235; and 168.129. The commissioner shall design a
unique symbol emblem related to the purpose of each
special license plate.
(b) Any provision of sections 168.12, subdivisions 2b to
2e; 168.123; and 168.129, 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
(c) If 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 emblem.
Subd. 3. [ISSUANCE OF SPECIAL PLATES WITH UNIQUE
SYMBOLS EMBLEMS.] Notwithstanding Despite section 168.12,
subdivisions 2b to 2e; 168.123; or 168.129, 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 emblem attached.
Subd. 4. [FEES.] Notwithstanding Despite section 168.12,
subdivisions 2b to 2e; 168.123; or 168.129, the commissioner
shall charge a fee of $10 for each set of license plates issued
under this section.
Subd. 5. [APPLICATION APPLICABILITY.] This section does
not apply to a special motorcycle license plate designed by the
registrar commissioner under section 168.123, subdivision 1,
clause (2).
Sec. 17. Minnesota Statutes 2004, section 168.1293, is
amended to read:
168.1293 [SPECIAL LICENSE PLATES; AUTHORIZATION;
DISCONTINUANCE.]
Subdivision 1. [DEFINITION.] For purposes of this section
and section 168.1297, "special license plate" means a license
plate that is authorized by law sections 168.12, subdivisions 2b
and 2e; 168.1235; and 168.129, to have wording and graphics that
differ from a Minnesota passenger vehicle license plate.
Subd. 2. [SUBMISSIONS TO DEPARTMENT COMMISSIONER.] (a) A
person, legal entity, or other requester, however organized,
that plans to seek legislation establishing a new special
license plate shall submit the following information and fee to
the Department of Public Safety commissioner:
(1) The requester shall submit a request for the special
license plate being sought, describing the proposed license
plate in general terms, the purpose of the plate, and the
proposed fee or minimum contribution required for the plate.
(2) The requester shall submit the results of a scientific
sample survey of Minnesota motor vehicle owners that indicates
that at least 10,000 motor vehicle owners intend to purchase the
proposed plate with the proposed fee or minimum contribution.
The requester's plan to undertake the survey must be reported to
the department commissioner before the survey is undertaken.
The survey must be performed independently of the requester by
another person or legal entity, however organized, that conducts
similar sample surveys in the normal course of business.
(3) The requester shall submit an application fee of
$20,000, to cover the department's cost of reviewing the
application for a new plate and developing the new special
license plate if authorized by law. State funds may not be used
to pay the application fee.
(4) The requester shall submit a marketing strategy that
contains (i) short-term and long-term marketing plans for the
requested plate, and (ii) a financial analysis showing the
anticipated revenues and the planned expenditures of any fee or
contribution derived from the requested plate.
(b) The requester shall submit the information required
under paragraph (a) to the department commissioner at least 120
days before the convening of the next regular legislative
session at which the requester will submit the proposal.
Subd. 3. [DESIGN; REDESIGN.] (a) If the proposed new
special license plate sought by the requester is approved by
law, the requester shall submit the proposed design for the
plate to the department commissioner as soon as practicable, but
not later than 120 days after the effective date of the law
authorizing issuance of the plate. The department commissioner
is responsible for selecting the final design for the
special license plate.
(b) The requester that originally requested a special
license plate subsequently approved by law may not submit a new
design for the plate within the five years following the date of
first issuance of the plate unless the inventory of those plates
has been exhausted. The requester may deplete the remaining
inventory of the plates by reimbursing the department
commissioner for the cost of the plates.
Subd. 4. [REFUND OF FEE.] If the special license plate
requested is not authorized in the legislative session at which
authorization was sought, the department commissioner shall
refund $17,500 of the application fee to the requester.
Subd. 5. [DISCONTINUANCE OF PLATE.] (a) The
department commissioner shall discontinue the issuance or
renewal of any special license plate authorized by sections
168.12, subdivisions 2b and 2e; 168.1235; and 168.129, if (1)
fewer than 1,000 sets of those plates are currently registered
at the end of the first six years during which the plates are
available, or (2) fewer than 1,000 sets of those plates are
currently registered at the end of any subsequent two-year
period following the first six years of availability.
(b) The department may commissioner shall discontinue the
issuance or renewal of any special license plate authorized by
sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129,
and distribution of any contributions resulting from that plate,
if the department commissioner determines that (1) the fund or
requester receiving the contributions no longer exists, (2) the
requester has stopped providing services that are authorized to
be funded from the contribution proceeds, (3) the requester has
requested discontinuance, or (4) contributions have been used in
violation of subdivision 6.
(c) Nothing in this subdivision applies to license plates
issued under section 168.123, 168.124, 168.125, 168.1251, or
168.1255.
Subd. 6. [USE OF CONTRIBUTIONS.] Contributions made as a
condition of obtaining a special license plate authorized by
sections 168.12, subdivisions 2b and 2e; 168.1235; and 168.129,
and interest earned on the contributions, may not be spent for
commercial or for-profit purposes.
Subd. 7. [DEPOSIT OF FEE; APPROPRIATION.] The commissioner
shall deposit the application fee under subdivision 2, paragraph
(a), clause (3), in the highway user tax distribution fund
vehicle services operating account of the special revenue fund
under section 299A.705. An amount sufficient to pay the
department's cost in implementing and administering this
section, including payment of refunds under subdivision 4, is
appropriated to the commissioner.
Sec. 18. Minnesota Statutes 2004, section 168.1296, is
amended to read:
168.1296 [SPECIAL CRITICAL HABITAT LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a)
The registrar commissioner shall issue special critical
habitat license plates to an applicant who:
(1) is an owner or joint a registered owner of a passenger
automobile, pickup truck, or van;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) contributes a minimum of $30 annually to the Minnesota
critical habitat private sector matching account established in
section 84.943; and
(6) complies with laws this chapter and rules governing
registration of motor vehicles and licensing of vehicles and
drivers.
(b) The critical habitat license plate application form
must clearly indicate that the annual contribution specified
under paragraph (a), clause (5), is a minimum contribution to
receive the license plate and that the applicant may make an
additional contribution to the account.
Subd. 2. [DESIGN.] After consultation with interested
groups, the commissioner of natural resources and the
registrar commissioner shall jointly select a suitable symbol
for use by the registrar commissioner to design the special
plates.
Subd. 3. [NO REFUND.] Contributions under this section
must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section
168.12, subdivision 1, on payment of a transfer fee of $5,
plates issued under this section may be transferred to another
passenger automobile, pickup truck, or van owned or jointly
owned by registered to the person to whom the special plates
were issued.
Subd. 5. [CONTRIBUTION AND FEES CREDITED.] Contributions
under subdivision 1, paragraph (a), clause (5), must be paid to
the registrar commissioner and credited to the Minnesota
critical habitat private sector matching account established in
section 84.943. The fees collected under this section must be
deposited in the highway user tax distribution fund vehicle
services operating account of the special revenue fund under
section 299A.705.
Subd. 6. [RECORD.] The registrar commissioner shall
maintain a record of the number of special plates issued under
this section.
Sec. 19. Minnesota Statutes 2004, section 168.1297, is
amended to read:
168.1297 [SPECIAL "ROTARY MEMBER" LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.]
The registrar commissioner shall issue special "Rotary member"
license plates to an applicant who:
(1) is an owner or joint a registered owner of a passenger
automobile, pickup truck, or van;
(2) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(3) pays the registration tax required under section
168.013;
(4) pays the fees required under this chapter;
(5) submits proof to the registrar commissioner that the
applicant is a member of Rotary International; and
(6) complies with laws this chapter and rules governing
registration of motor vehicles and licensing of vehicles and
drivers.
Subd. 2. [DESIGN.] A special license plate under this
section consists of a special license plate as described in
section 168.1291 with a unique symbol emblem that is the
recognized emblem of Rotary International.
Subd. 3. [COMPLIANCE WITH OTHER LAW.] The commissioner
shall take no action under this section unless the commissioner
determines that Rotary International, or one or more districts
of Rotary International, has complied with section 168.1293,
subdivision 2, paragraph (a). Issuance and renewal of license
plates under this section are subject to section 168.1293,
subdivisions 3 to 6.
Sec. 20. Minnesota Statutes 2004, section 168.15,
subdivision 1, is amended to read:
Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the
transfer of ownership, destruction, theft, dismantling, or
permanent removal by the owner from this state of any motor
vehicle registered in accordance with this chapter, the right of
the owner of the vehicle to use the registration certificate and
number plates assigned to the vehicle expires.
(b) When the ownership of a motor vehicle is transferred to
another resident of person required to register the vehicle in
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
unless the registration stickers are surrendered to the
commissioner before the first day of the new registration period.
(c) When seeking to become the owner by gift, trade, or
purchase of any vehicle for which a registration certificate has
been issued under this chapter, a person shall join with the
registered owner in transmitting with the application for
transfer of ownership, the registration certificate, with the
assignment and notice of sale duly executed upon the reverse
side, or,.
(d) In case of loss of the title or certificate of
registration of a vehicle not subject to section 325E.15, the
person shall make application to the commissioner with proof of
loss by sworn statement, in writing, and satisfactory to the
registrar of the title as specified in section 168A.09 and
assign a notice of sale of the vehicle on the application for
title as specified in section 168A.04.
(e) Upon the transfer of any motor vehicle by a
manufacturer or dealer, for use within the state, whether by
sale, lease, or otherwise, the manufacturer or dealer transferor
shall, within ten days after the transfer, file with the
registrar commissioner (1) a notice or report containing the
date of transfer, a description of the motor vehicle, and the
transferee's name, street and number of residence, if in a city,
and post office residence address in the state or if not a
natural person then the transferee's business and mailing
address, and shall also transmit with it (2) the transferee's
application for registration.
Sec. 21. Minnesota Statutes 2004, section 168.16, is
amended to read:
168.16 [REGISTRATION TAX REFUND; APPROPRIATION.]
(a) After the registration tax upon any motor vehicle has
been paid for any year registration period, refund must be made
for errors made in computing the registration 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 preceding registration period, subject to registration
tax in this state as provided by section 168.012.
(b) 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 refund must be made from any fund in possession of the
registrar and deducted from the registrar's monthly report to
the commissioner of finance. A detailed report of the refund
must accompany the report.
(c) The former registered owner of a transferred vehicle,
by an assignment in writing endorsed upon the registration
certificate and delivered to the registrar commissioner within
the time provided in this subdivision, shall assign, except for
vehicles registered under section 168.187, to the new owner the
right to have the tax paid by the former registered owner
accredited to the new owner who duly registers the vehicle
unless the registration stickers are surrendered to the
commissioner before the first day of the new registration period.
(d) Any owner at is entitled to a refund of the unused
portion of the registration tax paid on the owner's vehicle upon
filing a claim, verified by the commissioner, if the time of
such occurrence, whose vehicle is:
(1) declared by an insurance company to be a total loss due
to flood or tornado damage, permanently destroyed, due to
accident, fire, or an Act of God as defined in section 115B.02;
or
(2) sold to the federal government, the state, or a
political subdivision 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) if the vehicle is registered under the monthly series
system of registration, the amount of
(e) The refund is must be equal to the sum of the amounts
of the license fee remaining registration tax attributable to
those months remaining in for the licensing registration period
after the month in which the plates and certificate of
registration or title were returned to the registrar
commissioner.
(b) (f) 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. 22. Minnesota Statutes 2004, section 168.27,
subdivision 11, is amended to read:
Subd. 11. [DEALERS' LICENSES; LOCATION CHANGE NOTICE;
FEE.] (a) Application for a dealer's license or notification of
a change of location of the place of business on a dealer's
license must include a street address, not a post office box,
and is subject to the registrar's commissioner's approval.
(b) Upon the filing of an application for a dealer's
license and the proper fee, the registrar is authorized, unless
the application on its face appears to be invalid, to the
commissioner shall grant a 90-day temporary license. During the
90-day period following issuance of the temporary license,
the registrar commissioner shall investigate the fitness of the
applicant, inspect the place of business site, and make other
investigation as necessary to insure compliance with the
licensing law this section and rules adopted under this section.
(c) The registrar commissioner may extend the temporary
license 30 days to allow the temporarily licensed dealer to come
into full compliance with this section and rules adopted under
this section.
At the end of the period of investigation (d) In no more
than 120 days following issuance of the temporary license, the
dealer license must either be granted or denied.
(e) A license must be denied under the following conditions:
(1) The license must be denied if within the previous ten
years the applicant was enjoined due to a violation of section
325F.69 or convicted of violating section 325E.14, 325E.15,
325E.16, or 325F.69, or convicted under section 609.53 of
receiving or selling stolen vehicles, or convicted of violating
United States Code, title 15, sections 1981 to 1991, as amended
through December 31, 1984, or pleaded guilty, entered a plea of
nolo contendere or no contest, or has been found guilty in a
court of competent jurisdiction of any charge of failure to pay
state or federal income or sales taxes or felony charge of
forgery, embezzlement, obtaining money under false pretenses,
theft by swindle, extortion, conspiracy to defraud, or bribery.
(2) The license must also be denied if within the previous
year the applicant has been denied a dealer license.
(3) A license must also be denied if the applicant has had
a dealer license revoked within the previous ten years.
(f) If the application is approved, the registrar
commissioner shall license the applicant as a motor vehicle
dealer for one year from the date the temporary license is
granted and issue a certificate of license that must include a
distinguishing number of identification of the dealer. The
license must be displayed in a prominent place in the dealer's
licensed location place of business.
(g) Each initial application for a license must be
accompanied by a fee of $50 $100 in addition to the annual fee.
The annual fee shall be $100 is $150. All The initial fees and
annual fees must be paid into the state treasury and credited to
the general fund except that $50 of each initial and annual fee
must be paid into the vehicle services operating account in the
special revenue fund under section 299A.705.
Sec. 23. Minnesota Statutes 2004, section 168.31,
subdivision 5, is amended to read:
Subd. 5. [REFUND.] For the annual registration tax paid on
any vehicle before the calendar year registration period for
which that tax was assessed, the owner of the vehicle who paid
the tax shall be is entitled to full refund if such vehicle is
permanently destroyed or removed from the state before the
calendar year for which the tax was paid or if it is not used at
all during the calendar year for which the tax was paid, and the
owner makes affidavit concerning the nonuse as provided by
section 168.012 the registration stickers are surrendered before
the first day of the new registration period.
Sec. 24. [168.326] [EXPEDITED DRIVER AND VEHICLES
SERVICES; FEE.]
(a) When an applicant requests and pays an expedited
service fee of $20, in addition to other specified and
statutorily mandated fees and taxes, the commissioner shall
expedite the processing of an application for a driver's
license, driving instruction permit, Minnesota identification
card, or vehicle title transaction.
(b) A driver's license agent or deputy registrar may retain
$10 of the expedited service fee for each expedited service
request processed by the licensing agent or deputy registrar.
(c) When expedited service is requested, materials must be
mailed or delivered to the requester within three days of
receipt of the expedited service fee excluding Saturdays,
Sundays, or the holidays listed in section 645.44, subdivision
5. The requester shall comply with all relevant requirements of
the requested document.
(d) The commissioner may decline to accept an expedited
service request if it is apparent at the time it is made that
the request cannot be granted.
(e) The expedited service fees collected under this section
for an application for a driver's license, driving instruction
permit, or Minnesota identification card minus any portion
retained by a licensing agent or deputy registrar under
paragraph (b) must be paid into the driver services operating
account in the special revenue fund specified under section
299A.705.
(f) The expedited service fees collected under this section
for a transaction for a vehicle service minus any portion
retained by a licensing agent or deputy registrar under
paragraph (b) must be paid into the vehicle services operating
account in the special revenue fund specified under section
299A.705.
Sec. 25. [168.327] [DRIVER AND VEHICLE RECORD FEES.]
Subdivision 1. [RECORDS AND FEES.] (a) Upon request by any
person authorized in this section, the commissioner shall
furnish a certified copy of any driver's license record,
instruction permit record, Minnesota identification card record,
vehicle registration record, vehicle title record, or accident
record.
(b) Other than accident records governed under section
169.09, subdivision 13, the requester shall pay a fee of $10 for
each certified record specified in paragraph (a) or a fee of $9
for each record that is not certified.
(c) In addition to the record fee in paragraph (b), the fee
for a copy of the history of any vehicle title not in electronic
format is $1 for each page of the historical record.
(d) Fees collected under paragraph (b) for driver's
license, instruction permit, and Minnesota identification card
records must be paid into the state treasury with 50 cents of
each fee credited to the general fund. The remainder of the
fees collected must be credited to the driver services operating
account in the special revenue fund under section 299A.705.
(e) Fees collected under paragraphs (b) and (c) for vehicle
registration or title records must be paid into the state
treasury with 50 cents of each fee credited to the general
fund. The remainder of the fees collected must be credited to
the vehicle services operating account in the special revenue
fund specified in section 299A.705.
(f) The commissioner shall permit a person to inquire into
a record by the person's own electronic means for a fee of $4.50
for each inquiry, except that no fee may be charged when the
requester is the subject of the data.
(1) Of the $4.50 fee, $2.70 must be deposited in the
general fund.
(2) For driver's license, instruction permit, or Minnesota
identification card records, the remainder must be deposited in
the driver services operating account in the special revenue
fund under section 299A.705.
(3) For vehicle title or registration records, the
remainder must be deposited in the vehicle services operating
account in the special revenue fund under section 299A.705.
(g) Fees and the deposit of the fees for accident records
and reports are governed by section 169.09, subdivision 13.
Subd. 2. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] (a)
Except as otherwise provided in subdivision 3, the commissioner
shall impose a surcharge of 50 cents on each fee charged by the
commissioner under section 13.03, subdivision 3, for copies or
electronic transmittals of public information about the
registration of a vehicle or an applicant, or holder of a
driver's license, instruction permit, or Minnesota
identification card.
(b) The surcharge only applies to a fee imposed in response
to a request made in person or by mail, or to a request for
transmittal through a computer modem. The surcharge does not
apply to the request of an individual for information about that
individual's driver's license, instruction permit, or Minnesota
identification card or about vehicles registered or titled in
the individual's name.
(c) The surcharges collected under this subdivision must be
credited to the general fund.
Subd. 3. [EXCEPTION TO FEE AND SURCHARGE.] (a)
Notwithstanding subdivision 2 or section 13.03, a fee or
surcharge may not be imposed in response to a request for public
information about the registration of a vehicle if the
commissioner is satisfied that:
(1) the requester seeks the information on behalf of a
community-based, nonprofit organization designated by a local
law enforcement agency to be a requester; and
(2) the information is needed to identify suspected
prostitution law violators, controlled substance law violators,
or health code violators.
(b) The commissioner shall not require a requester under
paragraph (a) to make a minimum number of data requests or limit
the requester to a maximum number of data requests.
Sec. 26. Minnesota Statutes 2004, section 168.33, as
amended by Laws 2005, chapter 10, article 1, section 28, is
amended to read:
168.33 [COMMISSIONER AS REGISTRAR OF MOTOR VEHICLES; DEPUTY
REGISTRARS.]
Subdivision 1. [REGISTRAR COMMISSIONER'S DUTIES AND
POWERS, GENERALLY.] The commissioner of public safety shall be
is the registrar of motor vehicles of the state of Minnesota,
and shall exercise all the powers granted to and perform all the
duties imposed by this chapter. The commissioner of public
safety may employ not to exceed eight persons as inspectors, is
authorized to obtain information and report to the registrar
regarding motor about all vehicles subject to taxation under
this chapter upon which the tax has not been paid, and to
present suitable complaints to courts of competent jurisdiction.
Subd. 2. [DEPUTY REGISTRARS.] (a) The registrar may
appoint, hire, and discharge and fix the compensation of the
necessary employees, in the manner provided by law, as may be
required to enable the registrar to properly carry out the
duties imposed by this chapter. The registrar commissioner may
appoint, and for cause discontinue, a deputy registrar for any
statutory or home rule charter city as the public interest and
convenience may require, without regard to whether the county
auditor of the county in which the city is situated has been
appointed as the deputy registrar for the county or has been
discontinued as the deputy registrar for the county, and without
regard to whether the county in which the city is situated has
established a county license bureau which that issues motor
vehicle licenses as provided in section 373.32.
(b) The registrar commissioner may appoint, and for cause
discontinue, a deputy registrar for any statutory or home rule
charter city as the public interest and convenience may require,
if the auditor for the county in which the city is situated
chooses not to accept appointment as the deputy registrar for
the county or is discontinued as a deputy registrar, or if the
county in which the city is situated has not established a
county license bureau which that issues motor vehicle licenses
as provided in section 373.32. A person The individual
appointed by the registrar commissioner as a deputy registrar
for any statutory or home rule charter city must be a resident
of the county in which the city is situated.
(c) The registrar commissioner may appoint, and for cause
discontinue, the county auditor of each county as a deputy
registrar. Upon approval of the county board, the auditor, with
the approval of the director of motor vehicles, may appoint, and
for cause discontinue, the clerk or equivalent officer of each
statutory or home rule charter city or any other person as a
deputy registrar as public interest and convenience may require,
regardless of the appointee's county of residence. At the
request of the governing body of a statutory or home rule
charter city, the auditor shall appoint, and may for cause
discontinue, the clerk or equivalent officer of a city, or
another officer or employee of the city designated by the
governing body, as a deputy registrar:
(1) if the city is a county seat or, if not, is larger than
the seat of the county in which it is situated; and
(2) no office of a deputy registrar is situated within the
city or within 15 miles of the city by the most direct public
route.
(d) Notwithstanding Despite any other provision, a person
other than a county auditor or a director of a county license
bureau, who was appointed by the registrar before August 1,
1976, as a deputy registrar for any statutory or home rule
charter city, may continue to serve as deputy registrar and may
be discontinued for cause only by the registrar commissioner.
The county auditor who appointed the deputy registrars is
responsible for the acts of deputy registrars appointed by the
auditor.
(e) Each deputy, before entering upon the discharge of
duties, shall take and subscribe an oath to faithfully discharge
the duties and to uphold the laws of the state.
(f) If a deputy registrar appointed under this subdivision
is not an officer or employee of a county or statutory or home
rule charter city, the deputy shall in addition give bond to the
state in the sum of $10,000, or a larger sum as may be required
by the registrar commissioner, conditioned upon the faithful
discharge of duties as deputy registrar.
(e) (g) Until January 1, 2009 2012, a corporation governed
by chapter 302A may be appointed a deputy registrar. Upon
application by an individual serving as a deputy registrar and
the giving of the requisite bond as provided in this
subdivision, personally assured by the individual or another
individual approved by the commissioner of public safety, a
corporation named in an application shall become then becomes
the duly appointed and qualified successor to the deputy
registrar. The appointment of any corporation as a deputy
registrar expires January 1, 2009. A county board shall
appoint, or The commissioner shall appoint if the county board
declines to do so, an individual as successor to the corporation
as a deputy registrar. The county board or commissioner shall
appoint as the successor agent to a corporation whose
appointment expires under this paragraph an officer of the
corporation if the officer applies for appointment before July
1, 2009.
(f) (h) Each deputy registrar appointed under this
subdivision shall keep and maintain, in a convenient public
place within or in close proximity to the place for which
appointed, a registration and motor vehicle tax collection
bureau, to be approved by the registrar, office locations
approved by the commissioner for the registration of motor
vehicles and the collection of taxes and fees on motor vehicles.
(i) The deputy registrar shall keep records and make
reports to the registrar commissioner as the registrar, from
time to time, may require commissioner requires. The records
must be maintained at the facility offices of the deputy
registrar. The records and facilities offices of the deputy
registrar must at all times be open to the inspection of
the registrar commissioner or the registrar's commissioner's
agents. The deputy registrar shall report to the registrar
commissioner by the next working day following receipt all
registrations made and taxes and fees collected by the deputy
registrar.
(j) The filing fee imposed under subdivision 7 must be
deposited in the treasury of the place for which appointed or,
if not a public official, a deputy shall retain the filing fee,
but the registration tax and any additional fees for delayed
registration the deputy registrar has collected the deputy
registrar shall deposit by the next working day following
receipt in an approved state depository to the credit of the
state through the commissioner of finance. The place for which
the deputy registrar is appointed through its governing body
must provide the deputy registrar with facilities and personnel
to carry out the duties imposed by this subdivision if the
deputy is a public official. In all other cases, the deputy
shall maintain a suitable facility for serving the public.
Subd. 2a. [DEPUTY REGISTRARS, CONTINUATION IN OFFICE.]
Persons serving as deputy registrars on July 1, 1970, shall
continue to hold such office until a successor is duly appointed
and qualifies.
Subd. 2b. [DEPUTY REGISTRARS, EMPLOYMENT STATUS.] (a)
Deputy registrars, and their employees, who retain the filing
fee in lieu of a salary, shall, after July 1, 1971, be
considered as independent contractors for pension purposes, and
ineligible because of such service for coverage under the
Minnesota State Retirement System or membership in the Public
Employees Retirement Association.
(b) Those deputy registrars as defined in this subdivision
who are covered by the Minnesota State Retirement System on June
30, 1971, shall have the option of terminating said may
terminate coverage on July 1, 1971, or of continuing said
continue coverage until termination of state service. The form
of the this option and the time for filing shall must be as
prescribed by the board of directors of the system. Those
choosing to continue said coverage, shall provide from the
filing fees retained the employee and employer contributions as
required by chapter 352.
Subd. 3. [RECORD OF VEHICLE REGISTRATION; DISCLOSURE.] (a)
The registrar commissioner shall keep a suitable record of all
motor registered vehicles registered in the registrar's office,
indexed, according to (1) registration plate number, according
to (2) name of the registered owner, according to (3) make of
motor vehicle and the factory vehicle's identification number,
for such makes as are a vehicle so identified, or according
to, if none, the vehicle's serial number of such makes as are so
identified until the manufacturers thereof adopt and use
an manufacturer adopts and uses a vehicle identification number,
and according to such other information as the registrar shall
deem advisable. Duplicates of the certificate of registration
shall be used, until a more efficient system is evolved, to make
the registration number and registered owner's indexes herein
required, and such other copies as are desirable. The registrar
may furnish to any one applying therefor transcripts of such
records for not less than the cost of preparing the same;
provided, that any sums in excess of such cost received by the
registrar for furnishing such transcripts shall be paid by the
registrar into the state treasury.
(b) The commissioner shall furnish to any person applying
for a copy of the registration, a copy as specified in section
168.327.
(c) The registrar commissioner shall also furnish copies
thereof vehicle registration records, without charge, to the
chiefs of police of the cities of Minneapolis, St. Paul, and
Duluth, county sheriffs, prosecuting attorneys, and other law
enforcement agencies with the power to arrest.
Subd. 6. [APPLICATION FORMS.] The Every deputy registrar
shall provide, in a manner and format prescribed by the
registrar, necessary forms and information to deputy
registrars. The registrar and deputy registrars shall
immediately destroy all number plates surrendered and shall
cancel all certificates surrendered use application forms or
formats as prescribed by or approved by the commissioner.
Subd. 7. [FILING FEE.] (a) In addition to all other
statutory fees and taxes, a filing fee of:
(i) (1) $4.50 is imposed on every motor vehicle
registration renewal, excluding pro rate transactions; and
(ii) $7 (2) $8.50 is imposed on every other type of vehicle
transaction, including pro rate transactions;
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 of Public Safety, a licensed auto dealer, or a
deputy registrar. The filing fee must be shown as a separate
item on all registration renewal notices sent out by the
department commissioner. 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.
(b) Filing All of the fees collected under this subdivision
by the department paragraph (a), clause (1), by the department,
must be paid into the state treasury and credited to the highway
user tax distribution fund, except fees for registrations of
motor vehicles. Filing fees collected for registrations of
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 vehicle services operating account in the special revenue
fund under section 299A.705. Of the fee collected under
paragraph (a), clause (2), by the department, $3.50 must be paid
into the general fund with the remainder deposited into the
vehicle services operating account in the special revenue fund
under section 299A.705.
(c) A motor vehicle dealer shall retain $2.50 of each
filing fee imposed under this subdivision for a completed
transaction involving the sale of a motor vehicle to or by a
licensed dealer, if the dealer electronically transmits the
transaction to the department commissioner or a deputy registrar.
The department commissioner shall develop procedures to
implement this subdivision in consultation with the Minnesota
Deputy Registrar Association and the Minnesota Automobile
Dealers Association. Deputy registrars shall must not be
prohibited from receiving and processing required documents
supporting an electronic transaction.
Subd. 8. [TEMPORARY DISABILITY PERMIT AND FEE.] The
registrar commissioner shall allow deputy registrars to
implement and follow procedures for processing applications and
accepting and remitting fee payments for 30-day temporary
disability permits issued under section 169.345, subdivision 3,
paragraph (c), that are identical or substantially similar to
the procedures required by law or rule for motor vehicle
registration and titling transactions.
Subd. 9. [RULES.] The commissioner of public safety may
adopt rules for administering and enforcing this section.
Sec. 27. Minnesota Statutes 2004, section 168.345,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION BY TELEPHONE.] Information
concerning motor about vehicle registrations shall not be
furnished on the telephone to any person except the personnel of
law enforcement agencies and the personnel of governmental motor
vehicle and registration offices.
Sec. 28. Minnesota Statutes 2004, section 168.345,
subdivision 2, is amended to read:
Subd. 2. [LESSEES; INFORMATION.] The registrar
commissioner may not furnish information concerning about
registered owners of passenger automobiles who are lessees under
a lease for a term of 180 days or more to any person except the
personnel of law enforcement agencies and federal, state, and
local governmental units, and, at the registrar's commissioner's
discretion, to persons who use the information to notify lessees
of automobile recalls. The registrar commissioner may release
information about lessees in the form of summary data, as
defined in section 13.02, to persons who use the information in
conducting statistical analysis and market research.
Sec. 29. Minnesota Statutes 2004, section 168.381, is
amended to read:
168.381 [MANUFACTURE OF VEHICLE LICENSE PLATES;
APPROPRIATIONS.]
Subdivision 1. [CORRECTIONAL FACILITIES; OTHER
MANUFACTURERS.] (a) License number Plates required by law this
chapter may be manufactured by the Minnesota Correctional
Facility-St. Cloud, the Minnesota Correctional
Facility-Stillwater, or other facility established by law for
the confinement of persons convicted of felony, upon order from
the registrar of motor vehicles commissioner. The order must
state the quality of material desired in the plates, the plate
specifications, and the amount or number desired.
(b) Should the commissioner of corrections decide not to
supply the required quantity of license plates, or discontinue
the manufacture of plates, the commissioner of public safety is
authorized to seek other suppliers on a competitive basis.
Subd. 2. [LABORATORY TESTING; COSTS.] (a) Materials
purchased to be used in the manufacture of motor vehicle number
plates must be tested as to conformance with specifications
established by the commissioner of public safety in a privately
operated laboratory service to be designated by the
commissioner. The cost of the laboratory must be included in
the cost of materials purchased.
(b) The cost of delivery of number plates to the
commissioner of public safety at places designated by the
commissioner must be included in the expenses incurred in their
manufacture.
Subd. 3. [SPECIFICATIONS.] The commissioner of public
safety shall establish new or revised specifications for the
material and equipment used in the manufacture of number plates
ordered for manufacture after August 1, 1975, and may from time
to time revise the specifications; provided that the
specifications conform to the requirements of section 168.12.
In establishing new or revised specifications, the commissioner
shall consult with and give consideration to the advice and
recommendations of representatives of the Minnesota State
Patrol, local police officers' associations, and the county
sheriffs' association.
Subd. 4. [APPROPRIATIONS.] (a) Money appropriated to the
Department of Public Safety to procure the plates for any fiscal
year or years are is available for allotment, encumbrance, and
expenditure from and after the date of the enactment of the
appropriation. Materials and equipment used in the manufacture
of number plates are subject only to the approval of the
commissioner of public safety.
(b) This section contemplates that money to be appropriated
to the Department of Public Safety in order to carry out the
terms and provisions of this section will be appropriated by the
legislature from the highway user tax distribution fund.
(c) A sum sufficient is appropriated annually from the
highway user tax distribution vehicle services operating account
in the special revenue fund to the commissioner of public safety
to pay the costs of purchasing, delivering, and mailing motor
vehicle license number plates, license plate registration tabs
or stickers, and license plate registration notices.
Sec. 30. Minnesota Statutes 2004, section 168.54,
subdivision 4, is amended to read:
Subd. 4. [TRANSFER FEE.] A fee of $3 is imposed upon every
transfer of ownership by the commissioner of public safety of
any motor vehicle for which a registration certificate has
heretofore been issued under this chapter, except vehicles sold
for the purposes of salvage or, dismantling, or permanent
removal from the state.
Sec. 31. Minnesota Statutes 2004, section 168.54,
subdivision 5, is amended to read:
Subd. 5. [PROCEEDS TO GENERAL FUND.] The
registrar commissioner shall collect the proceeds of the fee
imposed under this section and deposit them in the general fund
pursuant to section 168A.31.
Sec. 32. Minnesota Statutes 2004, section 168A.152,
subdivision 2, is amended to read:
Subd. 2. [INSPECTION FEE; PROCEEDS TO GENERAL FUND VEHICLE
SERVICES OPERATING ACCOUNT.] (a) A fee of $20 $35 must be paid
to the department before the department issues a certificate of
title for a vehicle that has been inspected and for which a
certificate of inspection has been issued pursuant to
subdivision 1. The only additional fee that may be assessed for
issuing the certificate of title is the filing fee imposed under
section 168.33, subdivision 7.
(b) Fees Of the fee collected by the department under this
subdivision, for conducting inspections under subdivision 1, $20
must be deposited in the general fund and the remainder of the
fee collected must be deposited in the vehicle services
operating account in the special revenue fund as specified in
section 299A.705.
Sec. 33. Minnesota Statutes 2004, section 168A.29, is
amended to read:
168A.29 [FEES.]
Subdivision 1. [AMOUNTS.] (a) The department shall must be
paid the following fees:
(1) for filing an application for and the issuance of an
original certificate of title, the sum of $3 $5.50 of which
$2.50 must be paid into the vehicle services operating account
of the special revenue fund under section 299A.705;
(2) for each security interest when first noted upon a
certificate of title, including the concurrent notation of any
assignment thereof and its subsequent release or satisfaction,
the sum of $2, except that no fee is due for a security interest
filed by a public authority under section 168A.05, subdivision
8;
(3) for the transfer of the interest of an owner and the
issuance of a new certificate of title, the sum of $3 $5.50 of
which $2.50 must be paid into the vehicle services operating
account of the special revenue fund under section 299A.705;
(4) for each assignment of a security interest when first
noted on a certificate of title, unless noted concurrently with
the security interest, the sum of $1;
(5) for issuing a duplicate certificate of title, the sum
of $4 $6.50 of which $2.50 must be paid into the vehicle
services operating account of the special revenue fund under
section 299A.705.
(b) After June 30, 1994, in addition to each of the fees
required under paragraph (a), clauses (1) and (3), the
department shall must be paid $3.50. The additional $3.50 fee
collected under this paragraph must be deposited in the special
revenue fund and credited to the public safety motor vehicle
account established in section 299A.70.
Subd. 2. [FEE IN LIEU OF OTHER FEE.] If a person applies
for an original or a new certificate of title to a vehicle,
concurrently with an application, as transferee, of registration
of the vehicle, the fee prescribed in subdivision 1 shall must
be in lieu of the fee prescribed by section 168.54, with respect
to any transfer of ownership or registration of the vehicle to
the applicant.
Subd. 3. [NO CERTIFICATE ISSUED UNTIL FEES PAID.] Subject
to subdivision 2, the department shall not issue a certificate
of title to a vehicle until all fees prescribed by sections
168.54 and 168A.10, subdivision 6, with respect to any prior
transfer of ownership or registration of the vehicle shall have
been paid.
Sec. 34. Minnesota Statutes 2004, section 168A.31, is
amended to read:
168A.31 [DISPOSITION OF FEES; PAYMENT OF EXPENSES.]
Subdivision 1. [PAID TO GENERAL FUND DISTRIBUTION.] All
fees prescribed by sections 168A.01 to 168A.31 and 168.54
collected by the department must be paid into the general fund,
unless otherwise specified in chapter 168A.
Subd. 2. [EXPENSES; APPROPRIATION.] All necessary expenses
incurred by the department for the administration of sections
168A.01 to 168A.31 shall must be paid from moneys money in the
transfer of ownership revolving vehicle services operating
account of the special revenue fund as specified in section
299A.705, and such funds are hereby appropriated.
Sec. 35. Minnesota Statutes 2004, section 169.09,
subdivision 13, is amended to read:
Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY,
APPROPRIATION.] (a) All written reports and supplemental reports
information required under this section shall must be for the
use of the commissioner of public safety and other appropriate
state, federal, county, and municipal governmental agencies for
accident analysis purposes, except:
(1) the commissioner of public safety or any law
enforcement agency shall, upon written request of any person
individual involved in an accident or upon written request of
the representative of the person's individual's estate,
surviving spouse, or one or more surviving next of kin, or a
trustee appointed pursuant to under section 573.02, disclose to
the requester, the requester's legal counsel, or a
representative of the requester's insurer the report required
under subdivision 8;
(2) the commissioner of public safety shall, upon written
request, provide the driver filing a report under subdivision 7
with a copy of the report filed by the driver;
(3) the commissioner of public safety may verify with
insurance companies vehicle insurance information to enforce
sections 65B.48, 169.792, 169.793, 169.796, and 169.797;
(4) the commissioner of public safety shall provide the
commissioner of transportation the information obtained for each
traffic accident involving a commercial motor vehicle, for
purposes of administering commercial vehicle safety regulations;
and
(5) the commissioner of public safety may give to the
United States Department of Transportation commercial vehicle
accident information in connection with federal grant programs
relating to safety.
(b) Accident reports and data contained in the reports
shall are not be discoverable under any provision of law or rule
of court. No report shall be used as evidence in any trial,
civil or criminal, or any action for damages or criminal
proceedings arising out of an accident, except that. However,
the commissioner of public safety shall furnish, upon the demand
of any person who has, or claims to have, made a report, or,
upon demand of any court, a certificate showing that a specified
accident report has or has not been made to the commissioner
solely to prove compliance or failure to comply with the
requirements that the report be made to the commissioner.
(c) Nothing in this subdivision prevents any person
individual who has made a report pursuant to under this section
from providing information to any persons individuals involved
in an accident or their representatives or from testifying in
any trial, civil or criminal, arising out of an accident, as to
facts within the person's individual's knowledge. It is
intended by this subdivision to render privileged the reports
required, but it is not intended to prohibit proof of the facts
to which the reports relate.
(d) Disclosing any information contained in any accident
report, except as provided in this subdivision, section 13.82,
subdivision 3 or 6, or other statutes, is a misdemeanor.
(e) The commissioner of public safety may shall charge
authorized persons as described in paragraph (a) a $5 fee for a
copy of an accident report. Ninety percent of the $5 fee
collected under this paragraph must be deposited in the special
revenue fund and credited to the driver services operating
account established in section 299A.705 and ten percent must be
deposited in the general fund. The commissioner may also
furnish copies of the modified accident records an electronic
copy of the database of accident records, which must not contain
personal or private data on an individual, to private agencies
as provided in paragraph (g), for not less than the cost of
preparing the copies on a bulk basis as provided in section
13.03, subdivision 3.
(f) The fees specified in paragraph (e) notwithstanding,
the commissioner and law enforcement agencies may shall charge
commercial users who request access to response or incident data
relating to accidents a fee not to exceed 50 cents per
report record. "Commercial user" is a user who in one location
requests access to data in more than five accident reports per
month, unless the user establishes that access is not for a
commercial purpose. Of the money collected by the commissioner
under this paragraph is appropriated to the commissioner, 90
percent must be deposited in the special revenue fund and
credited to the driver services operating account established in
section 299A.705 and ten percent must be deposited in the
general fund.
(g) The fees in paragraphs (e) and (f) notwithstanding, the
commissioner may shall provide a modified an electronic copy of
the accident records database that does to the public on a
case-by-case basis using the cost-recovery charges provided for
under section 13.03, subdivision 3. The database provided must
not contain names, driver's license numbers, vehicle license
plate numbers, addresses, or other identifying data to the
public upon request personal or private data on an individual.
However, unless the accident records data base includes
the motor vehicle identification number, the commissioner shall
include the vehicle license registration plate number if a
private agency certifies and agrees that the agency:
(1) is in the business of collecting accident and damage
information on vehicles;
(2) will use the vehicle license registration plate number
only for the purpose of identifying vehicles that have been
involved in accidents or damaged in order, to provide this
information to persons seeking access to a vehicle's history and
not for the purpose of identifying individuals or for any other
purpose; and
(3) will be subject to the penalties and remedies under
sections 13.08 and 13.09.
Sec. 36. Minnesota Statutes 2004, section 169A.60,
subdivision 16, is amended to read:
Subd. 16. [FEES CREDITED TO HIGHWAY USER FUND.] Fees
collected from the sale or reinstatement of license plates under
this section must be paid into the state treasury and credited
one-half to the highway user tax distribution fund vehicle
services operating account in the special revenue fund specified
in section 299A.705 and one-half to the general fund.
Sec. 37. Minnesota Statutes 2004, section 171.06,
subdivision 2, is amended to read:
Subd. 2. [FEES.] (a) The fees for a license and Minnesota
identification card are as follows:
Classified Driver's License D-$18.50 $21.50 C-$22.50 $25.50
B-$29.50 $32.50 A-$37.50 $40.50
Classified Under-21 D.L. D-$18.50 $21.50 C-$22.50 $25.50
B-$29.50 $32.50 A-$17.50 $20.50
Instruction Permit $ 9.50
Provisional License $ 9.50 $12.50
Duplicate License or
duplicate identification card $ 8.00 $11.00
Minnesota identification card or Under-21 Minnesota
identification card, other than duplicate,
except as otherwise provided in section 171.07,
subdivisions 3 and 3a $12.50 $15.50
(b) Notwithstanding paragraph (a), a person an individual
who holds a provisional license and has a driving record free of
(1) convictions for a violation of section 169A.20, 169A.33,
169A.35, or sections 169A.50 to 169A.53, (2) convictions for
crash-related moving violations, and (3) convictions for moving
violations that are not crash related, shall have a $3.50 credit
toward the fee for any classified under-21 driver's license.
"Moving violation" has the meaning given it in section 171.04,
subdivision 1.
(c) In addition to the driver's license fee required under
paragraph (a), the registrar commissioner shall collect an
additional $4 processing fee from each new applicant or person
individual renewing a license with a school bus endorsement to
cover the costs for processing an applicant's initial and
biennial physical examination certificate. The department shall
not charge these applicants any other fee to receive or renew
the endorsement.
Sec. 38. Minnesota Statutes 2004, section 171.061,
subdivision 4, is amended to read:
Subd. 4. [FEE; EQUIPMENT.] (a) The agent may charge and
retain a filing fee of $3.50 $5 for each application. Except as
provided in paragraph (b), the fee shall cover all expenses
involved in receiving, accepting, or forwarding to the
department the applications and fees required under sections
171.02, subdivision 3; 171.06, subdivisions 2 and 2a; and
171.07, subdivisions 3 and 3a.
(b) The department shall maintain the photo identification
equipment for all agents appointed as of January 1, 2000. Upon
the retirement, resignation, death, or discontinuance of an
existing agent, and if a new agent is appointed in an existing
office pursuant to Minnesota Rules, chapter 7404, and
notwithstanding the above or Minnesota Rules, part 7404.0400,
the department shall provide and maintain photo identification
equipment without additional cost to a newly appointed agent in
that office if the office was provided the equipment by the
department before January 1, 2000. All photo identification
equipment must be compatible with standards established by the
department.
(c) A filing fee retained by the agent employed by a county
board must be paid into the county treasury and credited to the
general revenue fund of the county. An agent who is not an
employee of the county shall retain the filing fee in lieu of
county employment or salary and is considered an independent
contractor for pension purposes, coverage under the Minnesota
State Retirement System, or membership in the Public Employees
Retirement Association.
(d) Before the end of the first working day following the
final day of the reporting period established by the department,
the agent must forward to the department all applications and
fees collected during the reporting period except as provided in
paragraph (c).
Sec. 39. Minnesota Statutes 2004, section 171.07,
subdivision 11, is amended to read:
Subd. 11. [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the
written request of the applicant and upon payment of an
additional fee of $3.50, the department shall issue a driver's
license or Minnesota identification card bearing a symbol or
other appropriate identifier indicating that the license holder
has appointed an individual to serve as a standby or temporary
custodian under chapter 257B.
(b) The request must be accompanied by a copy of the
designation executed under section 257B.04.
(c) The department shall maintain a computerized records
system of all persons individuals listed as standby or temporary
custodians by driver's license and identification card
applicants. This data shall must be released to appropriate law
enforcement agencies under section 13.69. Upon a parent's
request and payment of a fee of $3.50, the department shall
revise its list of standby or temporary custodians to reflect a
change in the appointment.
(d) At the request of the license or cardholder, the
department shall cancel the standby or temporary custodian
indication without additional charge. However, this paragraph
does not prohibit a fee that may be applicable for a duplicate
or replacement license or card, renewal of a license, or other
service applicable to a driver's license or identification card.
(e) Notwithstanding sections 13.08, subdivision 1, and
13.69, the department and department employees are conclusively
presumed to be acting in good faith when employees rely on
statements made, in person or by telephone, by persons
purporting to be law enforcement and subsequently release
information described in paragraph (b). When acting in good
faith, the department and department personnel are immune from
civil liability and not subject to suit for damages resulting
from the release of this information.
(f) The department and its employees:
(1) have no duty to inquire or otherwise determine whether
a designation submitted under this subdivision is legally valid
and enforceable; and
(2) are immune from all civil liability and not subject to
suit for damages resulting from a claim that the designation was
not legally valid and enforceable.
(g) Of the fees received by the department under this
subdivision:
(1) Up to $111,000 received in fiscal year 1997 and up to
$61,000 received in subsequent fiscal years must be deposited in
the general fund.
(2) All other fees must be deposited in the trunk highway
driver services operating account in the special revenue fund
specified in section 299A.705.
Sec. 40. Minnesota Statutes 2004, section 171.13,
subdivision 6, is amended to read:
Subd. 6. [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person
applying for an initial motorcycle endorsement on a driver's
license shall pay at the place of examination a total fee of
$21, which includes the examination fee and endorsement fee, but
does not include the fee for a duplicate driver's license
prescribed in section 171.06, subdivision 2. Of this amount,
$11 must be credited as provided in section 171.06, subdivision
2a, paragraph (a), clause (1), $2.50 must be credited to
the trunk highway driver services operating account in the
special revenue fund specified under section 299A.705, and the
remainder must be credited to the general fund.
Sec. 41. Minnesota Statutes 2004, section 171.13, is
amended by adding a subdivision to read:
Subd. 7. [REPEAT EXAMINATION FEE.] (a) A fee of $10 must
be paid by an individual to take a third and any subsequent
knowledge test administered by the department if the individual
has failed two previous consecutive knowledge tests on the
subject.
(b) A fee of $20 must be paid by an individual to take a
third and any subsequent skills or road test administered by the
department if the individual has previously failed two
consecutive skill or road tests in a specified class of motor
vehicle.
(c) All fees received under this subdivision must be paid
into the state treasury and credited to the driver services
operating account in the special revenue fund specified under
section 299A.705.
Sec. 42. Minnesota Statutes 2004, section 171.20,
subdivision 4, as amended by Laws 2005, chapter 136, article 18,
section 12, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is
reinstated, (1) a person an individual whose driver's license
has been suspended under section 171.16, subdivisions 2 and 3;
171.18; or 171.182, or who has been disqualified from holding a
commercial driver's license under section 171.165, and (2) a
person an individual 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 an
individual whose license has been suspended 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) Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall must be deposited in the
special revenue fund and are appropriated to the Peace Officer
Standards and Training Board for peace officer training
reimbursement to local units of government.
(e) A suspension may be rescinded without fee for good
cause.
Sec. 43. Minnesota Statutes 2004, section 171.26, as
amended by Laws 2005, chapter 136, article 18, section 13, is
amended to read:
171.26 [MONEY CREDITED TO FUNDS.]
Subdivision 1. [DRIVER SERVICES OPERATING ACCOUNT.] All
money received under this chapter must be paid into the state
treasury and credited to the trunk highway driver services
operating account in the special revenue fund specified under
section 299A.705, except as provided in subdivision 3; sections
171.06, subdivision 2a; 171.07, subdivision 11, paragraph
(g); 171.12, subdivision 8; 171.20, subdivision 4, paragraph
(d); and 171.29, subdivision 2, paragraph (b).
Subd. 2. [TRUNK HIGHWAY FUND.] (a) Notwithstanding
subdivision 1 or any other provision in this chapter to the
contrary, for the four fiscal years from July 1, 2005, through
June 30, 2009, a portion of the money collected by the
department under this chapter in each fiscal year must be
deposited in the trunk highway fund as follows:
(1) for fiscal year 2006, the first $833,000 collected;
(2) for fiscal year 2007, the first $1,523,000 collected;
(3) for fiscal year 2008, the first $1,565,000 collected;
and
(4) for fiscal year 2009, the first $1,825,000 collected.
(b) This subdivision expires July 1, 2009.
Sec. 44. Minnesota Statutes 2004, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [REINSTATEMENT FEES AND SURCHARGES ALLOCATED AND
APPROPRIATED.] (a) A person An individual whose driver's license
has been revoked as provided in subdivision 1, except under
section 169A.52, 169A.54, or 609.21, shall must 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 169A.52, 169A.54, or
609.21, shall must pay a $250 fee plus a $40 surcharge before
the driver's license is reinstated. Beginning July 1, 2002, the
surcharge is $145. Beginning July 1, 2003, the surcharge is
$430. The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to the trunk highway
driver services operating account in the special revenue fund as
specified in section 299A.705.
(2) Sixty-seven percent must be credited to the general
fund.
(3) Eight percent 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 must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Five percent must be credited to a separate account to
be known as the vehicle forfeiture account, which is created in
the special revenue fund. The money in the account is annually
appropriated to the commissioner for costs of handling vehicle
forfeitures.
(c) The revenue from $50 of each surcharge 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: 83 percent for contracts 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 17 percent to maintain
the traumatic brain injury and spinal cord injury registry
created in section 144.662. For the purposes of this
clause paragraph, 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 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 A patient's name, identifying information, or identifiable
medical data will must not 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.
(d) The remainder of the surcharge 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.
(e) When these 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 fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 45. Minnesota Statutes 2004, section 171.36, is
amended to read:
171.36 [LICENSE RENEWAL; FEES; PROCEEDS TO TRUNK HIGHWAY
FUND DRIVER SERVICES OPERATING ACCOUNT.]
All licenses shall expire one year from the date of
issuance and may be renewed upon application to the
commissioner. Each application for an original or renewal
school license shall must be accompanied by a fee of $150 and
each application for an original or renewal instructor's license
shall must be accompanied by a fee of $50. The license fees
collected under sections 171.33 to 171.41 shall must be paid
into the trunk highway driver services operating account in the
special revenue fund specified under section 299A.705. No A
license fee shall must not be refunded in the event that the
license is rejected or revoked.
Sec. 46. [299A.705] [DRIVER AND VEHICLE SERVICES OPERATING
ACCOUNTS.]
Subdivision 1. [VEHICLE SERVICES OPERATING ACCOUNT.] (a)
The vehicle services operating account is created in the special
revenue fund, consisting of all money from the vehicle services
fees specified in chapters 168 and 168A and any other money
otherwise donated, allotted, appropriated, or legislated to this
account.
(b) Funds appropriated are available to administer vehicle
services as specified in chapters 168 and 168A and section
169.345, including:
(1) designing, producing, issuing, and mailing vehicle
registrations, plates, emblems, and titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars;
and
(8) inspecting vehicles when required by law.
Subd. 2. [DRIVER SERVICES OPERATING ACCOUNT.] (a) The
driver services operating account is created in the special
revenue fund, consisting of all money collected under chapter
171 and any other money otherwise donated, allotted,
appropriated, or legislated to the account.
(b) Money in the account must be used by the commissioner
of public safety to administer the driver services specified in
chapters 169A and 171, including the activities associated with
producing and mailing drivers' licenses and identification cards
and notices relating to issuance, renewal, or withdrawal of
driving and identification card privileges for any fiscal year
or years and for the testing and examination of drivers.
Sec. 47. [INSTRUCTION TO REVISOR.]
(a) In the statute listed in column A, the revisor shall
change the reference in column B to the reference shown in
column C:
A B C
13.6905, 168.345 168.327,
subdivision 3 subdivision 3
168.181, sections 168.181 this section and
subdivision 1 to 168.231 sections 168.183
to 168.221
168.211 168.231 168.221
168.221 168.231 168.211 and this
section
168.346 168.345, 168.327,
subdivision 4 subdivision 3
(b) The revisor of statutes shall renumber Minnesota
Statutes, section 168.33, subdivision 3, as section 168.0185.
(c) The revisor of statutes shall also correct any
references in Minnesota Rules to the rules repealed or
renumbered by this act, as appropriate.
Sec. 48. [REPEALER.]
(a) Minnesota Statutes 2004, sections 168.012, subdivision
12; 168.041, subdivision 11; 168.105, subdivision 6; 168.231;
168.345, subdivisions 3 and 4; 170.23; 171.12, subdivision 8;
and 171.185, are repealed.
(b) Minnesota Statutes 2004, sections 168C.01; 168C.02;
168C.03; 168C.04; 168C.05; 168C.06; 168C.07; 168C.08; 168C.09;
168C.10; 168C.11; 168C.12; and 168C.13, are repealed.
(c) Minnesota Rules, parts 7407.0100; 7407.0200; 7407.0300;
7407.0400; 7407.0500; 7407.0600; 7407.0700; 7407.0800;
7407.0900; 7407.1000; 7407.1100; 7407.1200; and 7407.1300, are
repealed.
ARTICLE 3
TRANSPORTATION POLICY
Section 1. Minnesota Statutes 2004, section 13.44,
subdivision 3, is amended to read:
Subd. 3. [REAL PROPERTY; APPRAISAL DATA.] (a)
[CONFIDENTIAL OR PROTECTED NONPUBLIC DATA.] Estimated or
appraised values of individual parcels of real property which
that are made by personnel of the state, its agencies and
departments, or a political subdivision or by independent
appraisers acting for the state, its agencies and departments,
or a political subdivision for the purpose of selling or
acquiring land through purchase or condemnation are classified
as confidential data on individuals or protected nonpublic data.
(b) [PRIVATE OR NONPUBLIC DATA.] Appraised values of
individual parcels of real property that are made by appraisers
working for fee owners or contract purchasers who have received
an offer to purchase their property from the state or a
political subdivision are classified as private data on
individuals or nonpublic data.
(c) [PUBLIC DATA.] The data made confidential or protected
nonpublic by the provisions of under paragraph (a) shall or made
private or nonpublic under paragraph (b) become public upon the
occurrence of any of the following:
(1) the negotiating parties exchange appraisals;
(2) the data are submitted to a court-appointed
condemnation commissioner;
(3) (2) the data are presented in court in condemnation
proceedings; or
(4) (3) the negotiating parties enter into an agreement for
the purchase and sale of the property; or
(5) the data are submitted to the owner under section
117.036.
Sec. 2. Minnesota Statutes 2004, section 16B.49, is
amended to read:
16B.49 [CENTRAL MAILING SYSTEM.]
(a) The commissioner shall maintain and operate for state
agencies, departments, institutions, and offices a central mail
handling unit. Official, outgoing mail for units in St. Paul
must be delivered unstamped to the unit. The unit shall also
operate an interoffice mail distribution system. The department
may add personnel and acquire equipment that may be necessary to
operate the unit efficiently and cost-effectively. Account must
be kept of the postage required on that mail, which is then a
proper charge against the agency delivering the mail. To
provide funds for the payment of postage, each agency shall make
advance payments to the commissioner sufficient to cover its
postage obligations for at least 60 days. For purposes of this
section, the Minnesota State Colleges and Universities is a
state agency.
(b) Notwithstanding paragraph (a) or section 16C.09, the
commissioner may approve the performance of mail-related
functions by an agency outside the state's central mail-handling
unit if the agency demonstrates it furthers program
effectiveness, better use of services, greater efficiency, or
greater economy in state government.
Sec. 3. [160.298] [HIGHWAY SIGN PROGRAM; BILLING, ACCOUNT,
APPROPRIATION.]
The commissioner of transportation may bill highway
operations units of the department and local road authorities
for the costs of a centrally managed highway sign program.
These costs may include equipment acquisition and rental, labor,
materials, and other costs as determined by the commissioner.
Receipts must be credited to a special account, which is
established in the trunk highway fund, and are appropriated to
the commissioner to pay the costs for which the billings are
made. Amounts credited to the account are exempt from statewide
and agency indirect costs payments.
Sec. 4. Minnesota Statutes 2004, section 161.14,
subdivision 25, is amended to read:
Subd. 25. [PAUL BUNYAN EXPRESSWAY.] That portion of Trunk
Highway marked 371 from Little Falls to its intersection with
Trunk Highway marked 2 in Cass Lake, except for that portion
named in subdivision 45, and that portion of Trunk Highway
marked 2 from its intersection with Trunk Highway marked 371 in
Cass Lake to Bemidji, is named and designated the "Paul Bunyan
Expressway." The commissioner shall adopt a suitable marking
design to mark this highway and shall erect the appropriate
signs.
Sec. 5. Minnesota Statutes 2004, section 161.14, is
amended by adding a subdivision to read:
Subd. 53. [PURPLE HEART MEMORIAL HIGHWAY.] (a) Except for
that portion designated under subdivision 45, the route signed
as Trunk Highway 371 on the effective date of this subdivision,
from its intersection with U. S. Highway 10 near the city of
Little Falls to its intersection with U. S. Highway 2 in the
city of Cass Lake, is named and designated the "Purple Heart
Memorial Highway."
(b) Subject to the provisions of section 161.139, the
commissioner shall adopt a suitable marking design to mark the
highway and shall erect the appropriate signs.
Sec. 6. Minnesota Statutes 2004, section 161.14, is
amended by adding a subdivision to read:
Subd. 54. [BIAUSWAH BRIDGE.] The bridge over the St. Louis
River that is part of Legislative Route No. 185, marked as Trunk
Highway 23 on the effective date of this section, is named and
designated "Biauswah Bridge In Honor of Native American
Veterans." After consulting with the Fond du Lac Band of Lake
Superior Chippewa, the commissioner of transportation shall
adopt a suitable marking design to memorialize this bridge and
shall erect the appropriate signs, subject to section 161.139.
Sec. 7. Minnesota Statutes 2004, section 161.361,
subdivision 2, is amended to read:
Subd. 2. [REPAYMENT.] Subject to the availability of state
money, the commissioner shall repay the amounts advanced under
this section, up to the state's share of project costs, under
terms of the agreement. The agreement may provide for payment
of interest for funds advanced under subdivisions 1a and 1b at a
rate of interest agreed upon by the parties. The maximum
interest rate that may be paid is the rate earned by the state
on invested commissioner of finance cash for the month before
the date the agreement is executed or the actual interest paid
by the road authority in borrowing for the amount advanced,
whichever rate is less.
Sec. 8. Minnesota Statutes 2004, 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. 9. Minnesota Statutes 2004, 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. 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. For the purposes
of this section, the expedited process for adopting rules
established in section 14.389 may be used.
(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
Sec. 10. Minnesota Statutes 2004, section 162.02,
subdivision 3a, is amended to read:
Subd. 3a. [VARIANCES FROM RULES AND ENGINEERING
STANDARDS.] The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.021 or 162.07, subdivision 2. A political subdivision in
which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that highway. The commissioner shall publish
notice of the request in the State Register and give notice to
all persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within 20 seven days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.
Sec. 11. Minnesota Statutes 2004, section 162.06,
subdivision 2, is amended to read:
Subd. 2. [ADMINISTRATIVE COSTS OF DEPARTMENT.] A sum of
1-1/2 Two percent shall must be deducted from the total amount
available in the county state-aid highway fund, set aside in a
separate account, and used for administrative costs incurred by
the state Transportation Department in carrying out the
provisions relating to the county state-aid highway system.
Sec. 12. Minnesota Statutes 2004, section 162.08,
subdivision 3, is amended to read:
Subd. 3. [AID TO TOWNS.] (a) Any county having within its
boundaries organized town governments may, by resolution,
allocate to the towns within its boundaries so much of the money
apportioned to it under the provisions of sections 162.01 to
162.181, that it deems necessary to aid the townships in the
construction of town roads, including replacement of town road
signs. The resolution shall set forth the amount of money or
the percentage of its apportionment that the county has
allocated to the towns. A certified copy of the resolution
shall be forwarded to the commissioner on or before the second
Tuesday of January of each year. Upon receipt of such
resolution and upon determining the amount of money to be
apportioned to the county, the commissioner shall certify to the
commissioner of finance the amount of money, as set forth in the
resolution, that is to be paid out of the county's apportionment
for distribution to the towns. The commissioner of finance
shall thereupon issue a warrant in that amount payable to the
county treasurer, and the proceeds thereof shall be distributed
by the county to the towns. All money so allocated and
distributed shall be used by the towns solely for the
construction of town roads, including replacement of town road
signs.
(b) Each county board so allocating such funds may devise a
formula taking into account each town's levy for road and bridge
purposes, its mileage of town roads and population outside the
corporate limits of all cities within the township, and such
other factors as the county board shall deem advisable as a
means of dividing the allocation among the several towns in
order that such division among the towns be as equitable as
possible. No part of the money allocated for expenditure solely
within cities having a population of less than 5,000 shall be
allocated or distributed to the towns. The commissioner of
transportation shall maintain a permanent record of the
allocations of county state-aid highway funds to for the
townships in each county.
(c) In making the annual apportionments of county state-aid
highway funds, the commissioner shall reduce the money needs of
said counties in the amounts necessary to equalize their status
with those counties not making such township allotments. In
complying with this paragraph, the commissioner shall disregard
allotments to towns for replacement of town road signs.
Sec. 13. Minnesota Statutes 2004, 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. 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. For the purposes of
this section, the expedited process for adopting rules
established in section 14.389 may be used.
(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
Sec. 14. Minnesota Statutes 2004, section 162.09,
subdivision 3a, is amended to read:
Subd. 3a. [VARIANCES FROM RULES AND ENGINEERING
STANDARDS.] The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.13, subdivision 2. A political subdivision in which a
municipal state-aid street is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that street. The commissioner shall publish notice
of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within 20 seven days of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.
Sec. 15. Minnesota Statutes 2004, section 162.14,
subdivision 6, is amended to read:
Subd. 6. [ADVANCES.] Any such city may make advances from
any funds available to it for the purpose of expediting the
construction, reconstruction, improvement, or maintenance of its
municipal state-aid street system; provided that such advances
shall not exceed the city's total estimated apportionment for
the three years following the year the advance is made.
Advances made by any such city shall be repaid out of subsequent
apportionments made to such city in accordance with the
commissioner's rules.
Sec. 16. [162.031] [CONSTRUCTION ACROSS ANOTHER COUNTY OR
STATE.]
When a county state-aid highway route is so located that in
order to achieve the designated objectives the commissioner
determines that it is necessary to construct the highway across
a portion of another county or state, the county initiating the
construction is authorized to spend county state-aid highway
funds for that purpose in the same manner as other expenditures
for county state-aid highway purposes are made. No part of that
highway may be constructed in another county until both counties
approve the construction.
Sec. 17. [162.091] [CONSTRUCTION ACROSS ANOTHER
MUNICIPALITY OR STATE.]
When a municipal state-aid street route is so located that
in order to achieve the designated objectives the commissioner
determines that it is necessary to construct the street across a
portion of another municipality or state, the municipality
initiating the construction is authorized to spend municipal
state-aid street funds for that purpose in the same manner as
other expenditures for municipal state-aid street purposes are
made. No part of that street may be constructed in another
municipality until both municipalities approve the construction.
Sec. 18. Minnesota Statutes 2004, section 168.011,
subdivision 3, is amended to read:
Subd. 3. [HIGHWAY.] A "Highway" is any public thoroughfare
for vehicles, including streets in cities has the meaning given
"street or highway" in section 169.01, subdivision 29.
Sec. 19. Minnesota Statutes 2004, section 168.011,
subdivision 4, is amended to read:
Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any
self-propelled vehicle designed and originally manufactured to
operate primarily upon public roads and highways, and not
operated exclusively upon railroad tracks. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys that are propelled
by electric power obtained from overhead trolley wires but not
operated upon rails. It does not include snowmobiles,
manufactured homes, or park trailers.
(b) "Motor vehicle" also includes an all-terrain vehicle,
as defined in section 84.92, subdivision 8, that (1) has at
least four wheels, (2) is owned and operated by a physically
disabled person, and (3) displays both physically disabled
license plates and a physically disabled certificate issued
under section 169.345, subdivision 3.
(c) "Motor vehicle" does not include an all-terrain vehicle
as defined in section 84.92, subdivision 8; except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985. The owner may continue to license an all-terrain vehicle
described in clause (2) as a motor vehicle until it is conveyed
or otherwise transferred to another owner, is destroyed, or
fails to comply with the registration and licensing requirements
of this chapter.
(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.
(e) "Motor vehicle" does not include a motorized foot
scooter as defined in section 169.01, subdivision 4c.
Sec. 20. Minnesota Statutes 2004, section 168.011,
subdivision 5, is amended to read:
Subd. 5. [OWNER.] "Owner" means any person, firm,
association, or corporation owning or renting leasing a motor
vehicle, or having the exclusive use thereof of the vehicle,
under a lease or otherwise, for a period of greater than 30 days.
Sec. 21. Minnesota Statutes 2004, section 168.011,
subdivision 5a, is amended to read:
Subd. 5a. [REGISTERED OWNER.] "Registered owner" means any
person, firm, association, or corporation, other than a secured
party, having title to a motor vehicle. If a passenger
automobile, as defined in subdivision 7, is under lease for a
term of 180 days or more, the lessee is deemed to be the
registered owner, for purposes of registration only,; provided
that the application for renewal of the registration of a
passenger automobile described in this subdivision shall be is
sent to the lessor.
Sec. 22. Minnesota Statutes 2004, section 168.011,
subdivision 6, is amended to read:
Subd. 6. [TAX, FEE.] "Tax" or "fee" means the annual
registration tax imposed on motor vehicles in lieu of all other
taxes thereon, except wheelage taxes, so-called, which may be
imposed by any city, and except gross earnings taxes paid by
companies subject or made subject thereto. Such The annual tax
shall be deemed is both a property tax and a highway use tax and
shall be on the basis of the calendar year.
Sec. 23. Minnesota Statutes 2004, section 168.011,
subdivision 7, is amended to read:
Subd. 7. [PASSENGER AUTOMOBILE.] (a) "Passenger automobile"
means any motor vehicle designed and used for carrying not more
than 15 persons individuals including the driver.
(b) "Passenger automobile" does not include motorcycles,
motor scooters, and buses described in subdivision 9, paragraph
(a), clause (2) buses, or school buses.
(c) For purposes of taxation only, "Passenger automobile"
includes pickup trucks and vans, including those vans designed
to carry passengers, with a manufacturer's nominal rated
carrying capacity of one ton, but does not include commuter vans
as defined in section 168.126.
Sec. 24. Minnesota Statutes 2004, section 168.011,
subdivision 25, is amended to read:
Subd. 25. [RECREATIONAL EQUIPMENT VEHICLE.] (a)
"Recreational equipment vehicle" means travel trailers including
those which that telescope or fold down, chassis-mounted
campers, house cars, motor homes, tent trailers, slip-in
campers, and converted buses that provide temporary human living
quarters. A
(b) "Recreational vehicle" is considered to provide
temporary living quarters if it a vehicle that:
(1) is not used as the residence of the owner or occupant;
(2) is used for temporary living quarters by the owner or
occupant while engaged in recreational or vacation activities;
and
(3) is either self-propelled or towed on the public streets
or highways incidental to the recreational or vacation
activities.
(b) For the purposes of this subdivision, a Subd. 25a.
[MOTOR HOME.] (a) "Motor home" means a unit recreational vehicle
designed to provide temporary living quarters,. The motor home
has a living unit built into as an integral part of, or
permanently attached to the chassis of, a self-propelled motor
vehicle chassis or van.
(b) A motor home must contain permanently installed,
independent, life-support systems which that meet the American
National Standards Institute standard number A119.2 for
recreational vehicles and provide at least four of the following
facilities, two of which must be from the systems listed in
clauses (1), (5), and (6): (1) a cooking facility with liquid
propane gas supply, (2) a refrigerator, (3) a self-contained
toilet or a toilet connected to a plumbing system with a
connection for external water disposal, (4) a heating or air
conditioning system separate from the motor vehicle engine, (5)
a potable water supply system including a sink with a faucet
either self-contained or with connections for an external
source, and (6) a separate 110-125 volt volts electrical power
supply.
(c) For purposes of this subdivision, "permanently
installed" means built into or attached as an integral part of a
chassis or van, and designed not to be removed except for repair
or replacement. A system which that is readily removable or
held in place by clamps or tie-downs is not permanently
installed.
(c) (d) Motor homes include but are not limited to, the
following a:
(1) type A motor home -, which is a raw chassis upon which
is built a driver's compartment and an entire body that provides
temporary living quarters as defined described in this
paragraph (b);
(2) type B motor home -, which is a van-type vehicle van
that conforms to the motor home definition description in this
paragraph (b) and has been completed or altered by the a
final-stage manufacturer; and
(3) type C motor home -, which is an incomplete vehicle
upon which is permanently attached a body designed to provide
temporary living quarters as defined described in this
paragraph (b).
(d) (e) A motor vehicle with a slip-in campers are camper
or other removable equipment that is mounted into or on a motor
vehicle commonly known as a pickup truck, in the pickup box,
either by bolting through the floor of the pickup box or by
firmly clamping to the side of the pickup box. The vehicle
may is not a motor home, is not a recreational vehicle, and must
not be registered as a recreational vehicle under section
168.013.
Sec. 25. Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:
Subd. 37. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" has
the meaning given in section 84.92, subdivision 8.
Sec. 26. Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:
Subd. 38. [PERSON.] "Person" has the meaning given in
section 168A.01, subdivision 14.
Sec. 27. Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:
Subd. 39. [STATE.] "State" means a state of the United
States, the District of Columbia, Puerto Rico, the United States
Virgin Islands, or any territory or insular possession subject
to the jurisdiction of the United States.
Sec. 28. Minnesota Statutes 2004, section 168.011, is
amended by adding a subdivision to read:
Subd. 40. [VEHICLE.] "Vehicle" has the meaning given in
section 168A.011, subdivision 24.
Sec. 29. Minnesota Statutes 2004, section 168.012,
subdivision 1, as amended by Laws 2005, chapter 135, section 3,
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 charitable,
religious, or 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. 30. Minnesota Statutes 2004, section 168.031, is
amended to read:
168.031 [REGISTRATION EXEMPTION; ACTIVE MILITARY-RELATED
SERVICE.]
(a) The motor vehicle of any person who engages in active
military service in time of war or other emergency declared by
proper authority in any branch or unit of the military or naval
forces of the United States armed forces shall be exempt from
the motor vehicle registration tax during the period of such
active service and for 40 90 days immediately thereafter if the
owner has filed, before, during or within 90 days after
completion of that active service, files with the registrar of
motor vehicles a written application for exemption with such
proof of military service as the registrar may have required and
if the motor vehicle is not operated on a public highway within
the state during the requested period of exemption, except by
the owner while on furlough or leave of absence from the
military.
(b) The motor vehicle of any disabled war veteran, which
vehicle has been furnished free, in whole or in part, by the
United States government to said disabled veteran, shall be
exempt from the motor vehicle registration tax. The motor
vehicle owned and registered by a former prisoner of war that
bears the "EX-POW" plates is exempt from the motor vehicle
registration tax.
(c) For purposes of this section, the term "active service"
shall have the meaning given this term in section 190.05,
subdivisions 5b and 5c, but excludes service performed
exclusively for purposes of:
(1) annual training and other periodic inactive duty
training for National Guard and other reserve members;
(2) special training periodically made available to
National Guard and other reserve members;
(3) service performed in accordance with section 190.08,
subdivision 3; and
(4) service performed as part of the active guard/reserve
program pursuant to United States Code, title 32, section
502(f), or other applicable authority.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to persons serving in
active military service on or after that date.
Sec. 31. Minnesota Statutes 2004, section 168.091,
subdivision 1, is amended to read:
Subdivision 1. [NONRESIDENT BUYER.] (a) Upon payment of a
fee of $1, the registrar commissioner may issue a permit to a
nonresident purchasing a new or used motor vehicle in this state
for the sole purpose of allowing such nonresident to remove the
vehicle to be removed from this state for registration in
another state or country. Such
(b) The permit shall be is in lieu of any other
registration or taxation for use of the highways and shall be is
valid for a period of 31 days from the date of sale, trade, or
gift.
(c) The permit shall must be available in such form an
electronic format as the registrar may determine and, whenever
practicable, shall be determined by the commissioner.
(d) If the sale, gift, or trade information is
electronically transmitted to the commissioner by a dealer or
deputy registrar of motor vehicles, the $1 fee is waived.
(e) The permit must be posted upon the left side of the
inside rear window of the vehicle or, if not practicable, where
it is plainly visible to law enforcement. Each such
permit shall be is valid only for the vehicle for which the
permit was issued.
Sec. 32. Minnesota Statutes 2004, section 168.10,
subdivision 1c, is amended to read:
Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a)
The owner of any motor vehicle, including any truck, (1) that
is (i) at least 20 model years old, or (ii) at least ten model
years old and with a body or engine style of which not more than
500 were manufactured in or imported into the United States in
any model year, (2) that was manufactured after 1935, and (3)
that is owned and operated solely as a collector's vehicle,
shall list the vehicle for taxation and registration
as follows: provided in paragraph (b).
(1) (b) The owner shall execute an affidavit stating (1)
the name and address of the person from whom purchased and of
the new owner, (2) the make of the motor vehicle, (3) the year
and number of the model, (4) the manufacturer's identification
number, (5) in the case of a vehicle described in paragraph (a),
clause (1)(ii), that the vehicle has a body or engine style of
which not more than 500 were manufactured or imported into the
United States in any model year, and (6) that the vehicle is
owned and operated solely as a collector's item and not for
general transportation purposes; and.
(2) (c) The owner shall provide a statement of the
manufacturer or importer regarding the number of vehicles
manufactured or imported during the model year.
(d) The owner shall also prove that the owner also has one
or more vehicles with regular license plates.
If the registrar is satisfied that the affidavit is true and
correct and the owner pays a $25 tax, the registrar shall list
the vehicle for taxation and registration and shall issue a
single number plate.
(b) (e) The number plate issued shall bear the inscription
"Collector," "Minnesota," and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plate is valid without
renewal as long as the vehicle is in existence. The registrar
has the power to revoke the plate for failure to comply with
this subdivision.
Sec. 33. [168.1251] [DISABLED AMERICAN VETERAN PLATES.]
Subdivision 1. [ISSUANCE AND DESIGN.] The commissioner
shall issue special license plates bearing the inscription
"DISABLED AMERICAN VETERAN" to an applicant who is certified in
writing by the United States Department of Veterans Affairs or
the state commissioner of veterans affairs as having a permanent
and total service-connected disability, who complies with all
laws relating to the registration and licensing of motor
vehicles and drivers, and who pays a fee of $10 for each set of
license plates applied for. The special license plates must be
of a design and size determined by the commissioner.
Subd. 2. [APPLICATION.] Application for issuance of these
plates may be made only at the time of renewal or first
application for registration.
Subd. 3. [TRANSFER.] On payment of a fee of $5, special
plates issued under this section may be transferred to another
personal motor vehicle owned or jointly owned by the disabled
veteran upon notification to the commissioner.
Subd. 4. [SURCHARGE.] For each set of special plates
issued under this section, the commissioner shall collect a
surcharge of $5 on each $10 fee collected under subdivision 1.
Subd. 5. [MOTOR VEHICLE; SPECIAL DEFINITION.] For purposes
of this section, "motor vehicle" means a vehicle for personal
use, not used for commercial purposes, and may include a
passenger automobile, van, pickup truck, motorcycle, or
recreational vehicle.
Subd. 6. [FEES CREDITED.] Fees, including surcharges,
collected under this section must be credited to the vehicle
services operating account in the special revenue fund.
Sec. 34. Minnesota Statutes 2004, section 168.185, is
amended to read:
168.185 [USDOT NUMBERS.]
(a) An owner of a truck or truck-tractor having a gross
vehicle weight of more than 10,000 pounds, as defined in section
169.01, subdivision 46, other than a farm truck that is not used
in interstate commerce, shall report to the registrar at the
time of registration its USDOT carrier number. A person subject
to this paragraph who does not have a USDOT number shall apply
for the number at the time of registration by completing a form
MCS-150 Motor Carrier Identification Report, issued by the
Federal Motor Carrier Safety Administration, or comparable
document as determined by the registrar. The registrar shall
not assign a USDOT carrier number to a vehicle owner who is not
subject to this paragraph.
(b) Assigned USDOT numbers need not be displayed on the
outside of the vehicle, but must be made available upon request
of an authorized agent of the registrar, peace officer, other
employees of the State Patrol authorized in chapter 299D, or
employees of the Minnesota Department of Transportation. The
vehicle owner shall notify the registrar if there is a change to
the owner's USDOT number.
(c) If an owner fails to report or apply for a USDOT
number, the registrar shall suspend the owner's registration.
(d) Until October 1, 2003, paragraphs (a) to (c) do not
apply to an agricultural fertilizer or agricultural chemical
retailer while exclusively engaged in delivering fertilizer or
agricultural chemicals to a farmer for on-farm use.
Sec. 35. Minnesota Statutes 2004, section 168A.20, is
amended by adding a subdivision to read:
Subd. 5. [SATISFACTION OF AUTOMOBILE LIEN SEVEN YEARS OLD;
RELEASE.] (a) A security interest perfected under this chapter
expires seven years from the perfection date for a passenger
automobile, as defined in section 168.011, subdivision 7.
(b) A lien holder may notify the department in writing or
in a format approved by the department during the sixth year of
the lien, no later than 90 days in advance of the seven-year
anniversary, if the lien will not be satisfied during this
registration period and the lien must be extended up to seven
additional years as requested by the lien holder.
Sec. 36. Minnesota Statutes 2004, section 169.01,
subdivision 75, is amended to read:
Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:
(1) has a gross vehicle weight of more than 26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less while carrying in bulk
tanks a total of not more than 200 gallons of petroleum products
and liquid fertilizer that are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185; or
(5) is outwardly equipped and identified as a school bus,
except for type A-I and type III school buses as defined in
subdivision 6.
(b) For purposes of chapter 169A:
(1) a commercial motor vehicle does not include a farm
truck, fire-fighting equipment an authorized emergency vehicle,
or a recreational equipment vehicle being operated by a person
within the scope of section 171.02, subdivision 2, paragraph
(b); and
(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.
Sec. 37. Minnesota Statutes 2004, section 169.01,
subdivision 76, is amended to read:
Subd. 76. [HAZARDOUS MATERIALS.] "Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F parts 100-185.
Sec. 38. Minnesota Statutes 2004, section 169.01,
subdivision 78, is amended to read:
Subd. 78. [RECREATIONAL VEHICLE COMBINATION.] (a)
"Recreational vehicle combination" means a combination of
vehicles consisting of a pickup truck as defined in section
168.011, subdivision 29, attached by means of a fifth-wheel
coupling to a camper-semitrailer which has hitched to it a
trailer carrying a watercraft as defined in section 86B.005,
subdivision 18; off-highway motorcycle as defined in section
84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile
as defined in section 84.81, subdivision 3; or all-terrain
vehicle as defined in section 84.92, subdivision 8; or
equestrian equipment or supplies.
(b) For purposes of this subdivision:
(a) (1) A "fifth-wheel coupling" is a coupling between a
camper-semitrailer and a towing pickup truck in which a portion
of the weight of the camper-semitrailer is carried over or
forward of the rear axle of the towing pickup.
(b) (2) A "camper-semitrailer" is a trailer, other than a
manufactured home as defined in section 327B.01, subdivision 13,
designed for human habitation and used for vacation or
recreational purposes for limited periods.
Sec. 39. Minnesota Statutes 2004, section 169.06,
subdivision 5, is amended to read:
Subd. 5. [TRAFFIC-CONTROL SIGNAL.] (a) Whenever traffic is
controlled by traffic-control signals exhibiting different
colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow
shall be used, except for special pedestrian signals carrying a
word or legend, and said. The traffic-control signal lights
shall or colored lighted arrows indicate and apply to drivers of
vehicles and pedestrians as follows:
(1) Green indication:
(i) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either such turn. But vehicular traffic,
including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully
within the intersection or adjacent crosswalk at the time such
this signal is exhibited.
(ii) Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
such the arrow, or such other movement as is permitted by other
indications shown at the same time. Such vehicular traffic
shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the
intersection.
(iii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing any
green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked
crosswalk. Every driver of a vehicle shall yield the
right-of-way to such pedestrian, except that the pedestrian
shall yield the right-of-way to vehicles lawfully within the
intersection at the time that the green signal indication is
first shown.
(2) Steady yellow indication:
(i) Vehicular traffic facing a circular yellow signal is
thereby warned that the related green movement is being
terminated or that a red indication will be exhibited
immediately thereafter when vehicular traffic shall must not
enter the intersection, except for the continued movement
allowed by any green arrow indication simultaneously exhibited.
(ii) Pedestrians facing a circular yellow signal, unless
otherwise directed by a pedestrian-control signal as provided in
subdivision 6, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and
no pedestrian shall then start to cross the roadway.
(iii) Vehicular traffic facing a steady yellow arrow signal
is thereby warned that the protected vehicular movement
permitted by the corresponding prior green arrow indication is
being terminated.
(3) Steady red indication:
(i) Vehicular traffic facing a circular red signal alone
shall must stop at a clearly marked stop line, but, if none,
before entering the crosswalk on the near side of the
intersection, or, if none, then before entering the intersection
and shall remain standing until a green indication is shown,
except as follows: (A) the driver of a vehicle which is stopped
as close as practicable at the entrance to the crosswalk on the
near side of the intersection or, if none, then at the entrance
to the intersection in obedience to a red or stop signal, and
with the intention of making a right turn may make such the
right turn, after stopping, unless an official sign has been
erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at said that intersection;
or (B) the driver of a vehicle on a one-way street which
intersects intersecting another one-way street on which traffic
moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into said the one-way
street, unless an official sign has been erected prohibiting the
movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at
said that intersection.
(ii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing a steady
red signal alone shall not enter the roadway.
(iii) Vehicular traffic facing a steady red arrow signal,
with the intention of making a movement indicated by the arrow,
shall must stop at a clearly marked stop line, but, if none,
before entering the crosswalk on the near side of the
intersection, or, if none, then before entering the intersection
and shall must remain standing until a permissive signal
indication permitting the movement indicated by the red arrow is
displayed, except as follows: when an official sign has been
erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to
enter the intersection to turn right, or to turn left from a
one-way street into a one-way street on which traffic moves to
the left, after stopping, but must yield the right-of-way to
pedestrians and other traffic lawfully proceeding as directed by
the signal at that intersection.
(b) In the event an official traffic-control signal is
erected and maintained at a place other than an intersection,
the provisions of this section are applicable except those which
can have no application. Any stop required shall must be made
at a sign or marking on the pavement indicating where the
stop shall must be made, but in the absence of any such sign or
marking the stop shall must be made at the signal.
(c) When a traffic-control signal indication or indications
placed to control a certain movement or lane are so identified
by placing a sign near the indication or indications, no other
traffic-control signal indication or indications within the
intersection shall control controls vehicular traffic for
such that movement or lane.
Sec. 40. Minnesota Statutes 2004, section 169.06,
subdivision 6, is amended to read:
Subd. 6. [PEDESTRIAN CONTROL SIGNAL.] (a) Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't
Walk" or symbols of a "walking person" or "upraised hand" are in
place such, the signals shall or symbols indicate as follows:
(1) A steady "Walk," flashing or steady. Pedestrians
signal or the symbol of a "walking person" indicates that a
pedestrian facing such either of these signals may proceed
across the roadway in the direction of the signal, possibly in
conflict with turning vehicles. Every driver of a vehicle shall
yield the right-of-way to such pedestrian except that the
pedestrian shall yield the right-of-way to vehicles lawfully
within the intersection at the time that either signal
indication is first shown.
(2) A "Don't Walk," signal or the symbol of an "upraised
hand," flashing or steady. No, indicates that a pedestrian
shall not start to cross the roadway in the direction of such
signals either signal, but any pedestrian who has partially
crossed on the "Walk" or "walking person" signal indication
shall proceed to a sidewalk or safety island while the "Don't
Walk" signal is showing.
(b) A pedestrian crossing a roadway in conformity with this
section is lawfully within the intersection and, when in a
crosswalk, is lawfully within the crosswalk.
Sec. 41. Minnesota Statutes 2004, section 169.14, is
amended by adding a subdivision to read:
Subd. 1a. [LICENSE REVOCATION.] The driver's license of a
person who violates any speed limit established in this section,
by driving in excess of 100 miles per hour, is revoked for six
months under section 171.17, or for a longer minimum period of
time applicable under section 169A.53, 169A.54, or 171.174.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to violations committed on or after that date.
Sec. 42. Minnesota Statutes 2004, section 169.14,
subdivision 2, is amended to read:
Subd. 2. [SPEED LIMITS.] (a) Where no special hazard
exists the following speeds shall be lawful, but any speeds in
excess of such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful;
except that the speed limit within any municipality shall be a
maximum limit and any speed in excess thereof shall be unlawful:
(1) 30 miles per hour in an urban district or on a town
road in a rural residential district;
(2) 65 miles per hour on noninterstate freeways and
expressways, as defined in section 160.02, subdivision 19;
(3) 55 miles per hour in locations other than those
specified in this section;
(4) 70 miles per hour on interstate highways outside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;
(5) 65 miles per hour on interstate highways inside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;
(6) ten miles per hour in alleys; and
(7) 25 miles per hour in residential roadways if adopted by
the road authority having jurisdiction over the residential
roadway.
(b) A speed limit adopted under paragraph (a), clause (7),
is not effective unless the road authority has erected signs
designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.
(c) For purposes of this subdivision, "rural residential
district" means the territory contiguous to and including any
town road within a subdivision or plat of land that is built up
with dwelling houses at intervals of less than 300 feet for a
distance of one-quarter mile or more.
(d) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established in this subdivision, or a speed limit designated on
an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by
driving 20 miles per hour or more in excess of the applicable
speed limit, is assessed an additional surcharge equal to the
amount of the fine imposed for the speed violation, but not less
than $25.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to violations committed on or after that date.
Sec. 43. Minnesota Statutes 2004, section 169.18,
subdivision 4, is amended to read:
Subd. 4. [PASSING ON THE RIGHT.] The driver of a vehicle
may overtake and pass upon the right of another vehicle only
upon the following conditions:
(1) when the vehicle overtaken is making or about to make a
left turn;
(2) upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction;
(3) upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the
roadway is free from obstructions and of sufficient width for
two or more lines of moving vehicles;
(4) when the driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions permitting
such movement in safety. In no event shall such movement be
made by driving onto the shoulder, whether paved or unpaved, or
off the pavement or main-traveled portion of the roadway.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 44. Minnesota Statutes 2004, section 169.18,
subdivision 5, is amended to read:
Subd. 5. [DRIVING LEFT OF ROADWAY CENTER; EXCEPTION.] (a)
No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in
the same direction unless such left side is clearly visible and
is free of oncoming traffic for a sufficient distance ahead to
permit such overtaking and passing to be completely made without
interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every
event the overtaking vehicle must return to the right-hand side
of the roadway before coming within 100 feet of any vehicle
approaching from the opposite direction;
(b) Except on a one-way roadway or as provided in paragraph
(c), no vehicle shall, in overtaking and passing another vehicle
or at any other time, be driven to the left half of the roadway
under the following conditions:
(1) when approaching the crest of a grade or upon a curve
in the highway where the driver's view along the highway is
obstructed within a distance of 700 feet;
(2) when approaching within 100 feet of any underpass or
tunnel, railroad grade crossing, intersection within a city, or
intersection outside of a city if the presence of the
intersection is marked by warning signs; or
(3) where official signs are in place prohibiting passing,
or a distinctive centerline is marked, which distinctive line
also so prohibits passing, as declared in the Manual on Uniform
Traffic Control Devices adopted by the commissioner.
(c) Paragraph (b) does not apply to a self-propelled or
towed implement of husbandry that (1) is escorted at the front
by a registered motor vehicle that is displaying vehicular
hazard warning lights visible to the front and rear in normal
sunlight, and (2) does not extend into the left half of the
roadway to any greater extent than made necessary by the total
width of the right half of the roadway together with any
adjacent shoulder that is suitable for travel.
(d) Paragraph (b) does not apply to a self-propelled or
towed implement of husbandry that is operated to the left half
of the roadway if such operation is not to a greater extent than
is necessary to avoid collision with a parked vehicle, sign, or
other stationary object located on the highway right-of-way.
Sec. 45. Minnesota Statutes 2004, section 169.18,
subdivision 11, as amended by Laws 2005, chapter 120, section 2,
is amended to read:
Subd. 11. [PASSING PARKED EMERGENCY VEHICLE; CITATION;
PROBABLE CAUSE.] (a) When approaching and before passing an
authorized emergency vehicle with its emergency lights activated
that is parked or otherwise stopped on or next to a street or
highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away
from the emergency vehicle, if it is possible to do so.
(b) When approaching and before passing an authorized
emergency vehicle with its emergency lights activated that is
parked or otherwise stopped on or next to a street or highway
having more than two lanes in the same direction, the driver of
a vehicle shall safely move the vehicle so as to leave a full
lane vacant between the driver and any lane in which the
emergency vehicle is completely or partially parked or otherwise
stopped, if it is possible to do so.
(c) A peace officer may issue a citation to the driver of a
motor vehicle if the peace officer has probable cause to believe
that the driver has operated the vehicle in violation of this
subdivision within the four-hour period following the
termination of the incident or a receipt of a report under
paragraph (d). The citation may be issued even though the
violation was not committed in the presence of the peace officer.
(d) Although probable cause may be otherwise satisfied by
other evidentiary elements or factors, probable cause is
sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew
of an authorized emergency vehicle responding to an incident in
a timely report of the violation of this subdivision, which
includes a description of the vehicle used to commit the offense
and the vehicle's license plate number. For the purposes of
issuance of a citation under paragraph (c), "timely" means that
the report must be made within a four-hour period following the
termination of the incident.
(e) For purposes of paragraphs (a) and (b) only,
"authorized emergency vehicle" and "emergency vehicle" includes
a towing vehicle defined in section 169.01, subdivision 52, that
has activated flashing lights authorized under section 169.64,
subdivision 3.
Sec. 46. Minnesota Statutes 2004, section 169.28,
subdivision 2, is amended to read:
Subd. 2. [EXEMPT CROSSING.] (a) The commissioner may
designate a crossing as an exempt crossing if the crossing is:
(1) if the crossing is on a rail line on which service has
been abandoned; or
(2) if the crossing is on a rail line that carries fewer
than five trains each year, traveling at speeds of ten miles per
hour or less; or
(3) as agreed to by the operating railroad and the
Department of Transportation, following a diagnostic review of
the crossing.
(b) The commissioner shall direct the railroad to erect at
the crossing signs bearing the word "Exempt" that conform to
section 169.06. The installation or presence of an exempt sign
does not relieve a driver of the duty to use due care. A train
must not proceed across an exempt crossing unless a police
officer is present to direct traffic or a railroad employee is
on the ground to warn traffic until the train enters the
crossing.
(c) A vehicle that must stop at grade crossings under
subdivision 1 is not required to stop at a marked exempt
crossing unless directed otherwise by a police officer or a
railroad employee.
Sec. 47. Minnesota Statutes 2004, section 169.448, is
amended by adding a subdivision to read:
Subd. 4. [DAY ACTIVITY CENTER BUSES.] Notwithstanding
subdivision 1, a vehicle used to transport adults to and from a
day activity center may be equipped with prewarning flashing
amber signals and a stop-signal arm, and the operator of the
vehicle may activate this equipment, under the following
circumstances:
(1) the operator possesses a commercial driver's license
with a school bus endorsement;
(2) the vehicle is engaged in picking up or dropping off
adults at locations predesignated by the day activity center
that owns or leases the bus;
(3) the vehicle is identified as a "day activity center
bus" in letters at least eight inches high on the front and rear
top of the bus; and
(4) the name, address, and telephone number of the owner
and operator of the bus is identified on each front door of the
bus in letters not less than three inches high.
The provisions of section 169.444 relating to duties of
care of a motorist to a school bus, and violations thereof,
apply to a vehicle described in this section when the vehicle is
operated in conformity with this subdivision. The provisions of
section 169.443 relating to bus driver's duties apply to a
vehicle described in this section except those that by their
nature have no application.
Sec. 48. Minnesota Statutes 2004, section 169.522, is
amended to read:
169.522 [SLOW-MOVING VEHICLE, SIGN REQUIRED.]
Subdivision 1. [DISPLAYING EMBLEM; RULES.] (a) All
animal-drawn vehicles, motorized golf carts when operated on
designated roadways pursuant to section 169.045, implements of
husbandry, and other machinery, including all road construction
machinery, which are designed for operation at a speed of 30
miles per hour or less shall, must display a triangular
slow-moving vehicle emblem, except (1) when being used in actual
construction and maintenance work and traveling within the
limits of a construction area which is marked in accordance with
requirements of the Manual on Uniform Traffic Control Devices,
as set forth in section 169.06, or (2) for a towed implement of
husbandry that is empty and that is not self-propelled, in which
case it may be towed at lawful speeds greater than 30 miles per
hour without removing the slow-moving vehicle emblem. The
emblem shall must consist of a fluorescent yellow-orange or
illuminated red-orange triangle with a dark red reflective
border and be mounted so as to be visible from a distance of not
less than 600 feet to the rear. When a primary power unit
towing an implement of husbandry or other machinery displays a
slow-moving vehicle emblem visible from a distance of 600 feet
to the rear, it shall is not be necessary to display a similar
emblem on the secondary unit. After January 1, 1975, All
slow-moving vehicle emblems sold in this state shall must be so
designed that when properly mounted they are visible from a
distance of not less than 600 feet to the rear when directly in
front of lawful lower beam of headlamps on a motor vehicle. The
commissioner of public safety shall adopt standards and
specifications for the design and position of mounting the
slow-moving vehicle emblem. Such standards and
specifications shall must be adopted by rule in accordance with
the Administrative Procedure Act. A violation of this section
shall not be admissible evidence in any civil cause of action
arising prior to January 1, 1970.
(b) An alternate slow-moving vehicle emblem consisting of a
dull black triangle with a white reflective border may be used
after obtaining a permit from the commissioner under rules of
the commissioner. A person with a permit to use an alternate
slow-moving vehicle emblem must:
(1) carry in the vehicle a regular slow-moving vehicle
emblem and display the emblem when operating a vehicle between
sunset and sunrise, and at any other time when visibility is
impaired by weather, smoke, fog, or other conditions; and
(2) permanently affix to the rear of the slow-moving
vehicle at least 72 square inches of reflective tape that
reflects the color red.
Subd. 2. [PROHIBITION ON USE.] The use of this emblem
shall be is restricted to the slow-moving vehicles specified in
subdivision 1 and its use on any other type of vehicle or
stationary object on the highway is prohibited.
Subd. 3. [DISPLAY REQUIRED.] No person shall sell, lease,
rent, or operate any slow-moving vehicle, as defined in
subdivision 1, except motorized golf carts and except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after July 1, 1967,
unless such the vehicle is equipped with a slow-moving vehicle
emblem-mounting device as specified in subdivision 1. Provided
however, no a slow-moving vehicle shall must not be operated
without such slow-moving vehicle emblem after January 1, 1968.
Sec. 49. Minnesota Statutes 2004, section 169.81,
subdivision 3c, is amended to read:
Subd. 3c. [RECREATIONAL VEHICLE COMBINATION.]
Notwithstanding subdivision 3, a recreational vehicle
combination may be operated without a permit if:
(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to
or greater than the total weight of all vehicles being towed;
(2) the combination does not exceed 60 70 feet in length;
(3) the camper-semitrailer middle vehicle in the
combination does not exceed 28 feet in length;
(4) the operator of the combination is at least 18 years of
age;
(5) the trailer carrying a watercraft, motorcycle,
motorized bicycle, off-highway motorcycle, snowmobile, or
all-terrain vehicle, or equestrian equipment or supplies meets
all requirements of law;
(6) the trailers in the combination are connected to the
pickup truck and each other in conformity with section 169.82;
and
(7) the combination is not operated within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
p.m. on Mondays through Fridays.
Sec. 50. Minnesota Statutes 2004, section 169.8261, is
amended to read:
169.8261 [GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.]
(a) 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 the 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; and
(8) not exceed 20,000 pounds gross weight on any single
axle.
(b) A vehicle operated under this section may exceed the
legal axle weight limits listed in section 169.824 by not more
than 12.5 percent; except that, the weight limits may be
exceeded by not more than 22.5 percent during the time when
seasonal increases are authorized under section 169.826,
subdivision 1.
Sec. 51. Minnesota Statutes 2004, section 169.851,
subdivision 5, is amended to read:
Subd. 5. [EXCEPTION FOR FARM AND FOREST PRODUCTS.] The
maximum weight provisions of this section do Subdivision 4 does
not apply to the first haul of unprocessed or raw farm products
and the transportation of raw and unfinished forest products,
including wood chips, when the prescribed maximum
weight limitation is limitations permitted under sections
169.822 to 169.829 are not exceeded by more than ten percent.
Sec. 52. Minnesota Statutes 2004, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS DEPOSITED; APPROPRIATION.] 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 and manufactured storage buildings;
(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; and
(7) three-vehicle combinations consisting of two empty,
newly manufactured trailers for cargo, horses, or livestock, not
to exceed 28-1/2 feet per trailer; provided, however, the permit
allows the vehicles to be moved from a trailer manufacturer to a
trailer dealer only while operating on twin-trailer routes
designated under section 169.81, subdivision 3, paragraph (c).
(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.
(k) Beginning August 1, 2006, $200 for an annual permit for
a vehicle operating under authority of section 169.824,
subdivision 2, paragraph (a), clause (2).
Sec. 53. Minnesota Statutes 2004, section 169.99,
subdivision 1b, is amended to read:
Subd. 1b. [SPEED.] The uniform traffic ticket must provide
a blank or space wherein an officer who issues a citation for a
violation of section 169.14, subdivision 2, paragraph (a),
clause (3), a speed limit of 55 or 60 miles per hour must
specify whether the speed was greater than ten miles per hour in
excess of the lawful speed a 55 miles per hour speed limit, or
more than five miles per hour in excess of a 60 miles per hour
speed limit.
Sec. 54. Minnesota Statutes 2004, section 169A.52,
subdivision 3, is amended to read:
Subd. 3. [TEST REFUSAL; LICENSE REVOCATION.] (a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired), and that the person refused to
submit to a test, the commissioner shall revoke the person's
license or permit to drive, or nonresident operating privilege,
for a period of one year even if a test was obtained pursuant to
this section after the person refused to submit to testing.
(b) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with the presence of any alcohol in violation of section 169A.20
(driving while impaired), and that the person refused to submit
to a test, the commissioner shall disqualify the person from
operating a commercial motor vehicle for a period of one year
under section 171.165 (commercial driver's license
disqualification) and shall revoke the person's license or
permit to drive or nonresident operating privilege for a period
of one year according to the federal regulations adopted by
reference in section 171.165, subdivision 2.
Sec. 55. Minnesota Statutes 2004, section 171.01,
subdivision 22, is amended to read:
Subd. 22. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:
(1) has a gross vehicle weight of more than 26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less and carrying in bulk
tanks a total of not more than 200 gallons of liquid fertilizer
and petroleum products that are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185; or
(5) is outwardly equipped and identified as a school bus,
except for type III school buses defined in section 169.01,
subdivision 6, clause (5).
Sec. 56. Minnesota Statutes 2004, section 171.01,
subdivision 35, is amended to read:
Subd. 35. [HAZARDOUS MATERIALS.] "Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F parts 100-185.
Sec. 57. Minnesota Statutes 2004, section 171.01,
subdivision 47, is amended to read:
Subd. 47. [STATE.] "State" means any a state of the United
States, territory or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico or any
province of the Dominion of Canada, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
Sec. 58. Minnesota Statutes 2004, section 171.01, is
amended by adding a subdivision to read:
Subd. 48a. [TANK VEHICLE.] "Tank vehicle" means any
commercial motor vehicle that is designed to transport any
liquid or gaseous materials within a tank, as defined in Code of
Federal Regulations, title 49, section 178.320, including a
cargo tank or a portable tank as defined in Code of Federal
Regulations, title 49, section 171.8, that is either permanently
or temporarily attached to the vehicle or the chassis, except
portable tanks having a rated capacity under 1,000 gallons.
Sec. 59. Minnesota Statutes 2004, section 171.02, is
amended to read:
171.02 [LICENSES; TYPES, ENDORSEMENTS, RESTRICTIONS.]
Subdivision 1. [LICENSE REQUIRED.] Except when expressly
exempted, a person shall not drive a motor vehicle upon a street
or highway in this state unless the person has a license valid
under this chapter for the type or class of vehicle being
driven. The department shall not issue a driver's license to a
person unless and until the person's license from any
jurisdiction has been invalidated. The department shall provide
to the issuing department of any jurisdiction, information that
the licensee is now licensed in Minnesota. A person is not
permitted to have more than one valid driver's license at any
time. The department shall not issue to a person to whom a
current Minnesota identification card has been issued a driver's
license, other than an instruction permit or a limited license,
unless the person's Minnesota identification card has been
invalidated.
Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
EXEMPTIONS.] (a) Drivers' licenses shall be are classified
according to the types of vehicles which that may be driven by
the holder of each type or class of license. The commissioner
may, as appropriate, subdivide the classes listed in this
subdivision and issue licenses classified accordingly.
(b) Except as provided in paragraph (c), clauses (1) and
(2), and subdivision 2a, no class of license shall be is valid
to operate a motorcycle, school bus, tank vehicle,
double-trailer or triple-trailer combination, vehicle
transporting hazardous materials, or bus, unless so endorsed.
There shall be are four general classes of licenses as
follows: described in paragraphs (c) through (f).
(b) (c) Class D; drivers' licenses are valid for:
(1) operating all farm trucks operated by if the farm truck
is:
(i) the owner, (ii) controlled and operated by a farmer,
including operation by an immediate family member of the owner,
(iii) or an employee of the owner not primarily employed to
operate the farm truck, within 150 miles of the farm, or farmer;
(ii) used to transport agricultural products, farm
machinery, or farm supplies, including hazardous materials, to
or from a farm;
(iii) not used in the operations of a common or contract
motor carrier as governed by Code of Federal Regulations, title
49, part 365; and
(iv) an employee of the owner employed during harvest to
operate the farm truck for the first, continuous transportation
of agricultural products from the production site or on-farm
storage site to any other location within 50 miles of that
site used within 150 miles of the farm;
(2) notwithstanding paragraph (b), operating fire trucks
and emergency fire equipment an authorized emergency vehicle, as
defined in section 169.01, subdivision 5, whether or not in
excess of 26,000 pounds gross vehicle weight, operated by a
firefighter while on duty, or a tiller operator employed by a
fire department who drives the rear portion of a midmount aerial
ladder truck;
(3) operating a recreational equipment vehicle as defined
in section 168.011, subdivision 25, that is operated for
personal use;
(4) operating all single-unit vehicles except vehicles with
a gross vehicle weight of more than 26,000 pounds, vehicles
designed to carry more than 15 passengers including the driver,
and vehicles that carry hazardous materials; and
(5) notwithstanding paragraph (c) (d), operating a type A
school bus without a school bus endorsement if:
(i) the bus has a gross vehicle weight of 10,000 pounds or
less;
(ii) the bus is designed to transport 15 or fewer
passengers, including the driver; and
(iii) the requirements of subdivision 2a, paragraph (b),
are satisfied, as determined by the commissioner.; and
The holder of a class D license may also tow
(6) towing vehicles if:
(i) the towed vehicles have a gross vehicle weight of
10,000 pounds or less; or
(ii) the towed vehicles have a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a gross
vehicle weight of 26,000 pounds or less.
(c) (d) Class C; drivers' licenses are valid for:
(1) operating class D motor vehicles;
(2) with a hazardous materials endorsement, transporting
hazardous materials in class D vehicles; and
(3) with a school bus endorsement, operating school buses
designed to transport 15 or fewer passengers, including the
driver.
(d) (e) Class B; drivers' licenses are valid for operating
all vehicles in class C motor vehicles, class D motor vehicles,
and all other single-unit motor vehicles including, with a
passenger endorsement, buses. The holder of a class B license
may tow only vehicles with a gross vehicle weight of 10,000
pounds or less.
(e) (f) Class A; drivers' licenses are valid for operating
any vehicle or combination of vehicles.
Subd. 2a. [EXCEPTIONS EXCEPTION FOR CERTAIN SCHOOL BUS
DRIVERS.] (a) Notwithstanding subdivision 2, (1) a hazardous
materials endorsement is not required to operate a vehicle
having a gross vehicle weight of 26,000 pounds or less while
carrying in bulk tanks a total of not more than 200 gallons of
petroleum products and (2) a class C license or hazardous
materials endorsement is not required to operate a farm vehicle
as defined in Code of Federal Regulations, title 49, section
390.5, having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 1,500
gallons of liquid fertilizer.
(b) Notwithstanding subdivision 2, paragraph (c), the
holder of a class D driver's license, without a school bus
endorsement, may operate a type A school bus described in
subdivision 2, paragraph (b), under the following conditions:
(1) (a) The operator is an employee of the entity that
owns, leases, or contracts for the school bus and is not solely
hired to provide transportation services under this paragraph
subdivision.
(2) (b) The operator drives the school bus only from points
of origin to points of destination, not including home-to-school
trips to pick up or drop off students.
(3) (c) The operator is prohibited from using the
eight-light system. Violation of this clause paragraph is a
misdemeanor.
(4) (d) The operator's employer has adopted and implemented
a policy that provides for annual training and certification of
the operator in:
(i) (1) safe operation of the type of school bus the
operator will be driving;
(ii) (2) understanding student behavior, including issues
relating to students with disabilities;
(iii) (3) encouraging orderly conduct of students on the
bus and handling incidents of misconduct appropriately;
(iv) (4) knowing and understanding relevant laws, rules of
the road, and local school bus safety policies;
(v) (5) handling emergency situations; and
(vi) (6) safe loading and unloading of students.
(5) (e) A background check or background investigation of
the operator has been conducted that meets the requirements
under section 122A.18, subdivision 8, or 123B.03 for teachers;
section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating
a type A school bus under this paragraph subdivision.
(6) (f) Operators shall submit to a physical examination as
required by section 171.321, subdivision 2.
(7) (g) The operator's driver's license is verified
annually by the entity that owns, leases, or contracts for the
school bus.
(8) (h) A person who sustains a conviction, as defined
under section 609.02, of violating section 169A.25, 169A.26,
169A.27, 169A.31, 169A.51, or 169A.52, or a similar statute or
ordinance of another state is precluded from operating a school
bus for five years from the date of conviction.
(9) (i) A person who has ever been convicted of a
disqualifying offense as defined in section 171.3215,
subdivision 1, paragraph (c), may not operate a school bus under
this paragraph subdivision.
(10) (j) A person who sustains a conviction, as defined
under section 609.02, of a fourth moving offense in violation of
chapter 169 is precluded from operating a school bus for one
year from the date of the last conviction.
(11) (k) Students riding the school bus must have training
required under section 123B.90, subdivision 2.
(12) (l) An operator must be trained in the proper use of
child safety restraints as set forth in the National Highway
Traffic Safety Administration's "Guideline for the Safe
Transportation of Pre-school Age Children in School Buses."
(13) (m) Annual certification of the requirements listed in
this paragraph subdivision must be maintained under separate
file at the business location for each operator licensed under
this paragraph subdivision and subdivision 2, paragraph (b),
clause (5). The business manager, school board, governing body
of a nonpublic school, or any other entity that owns, leases, or
contracts for the school bus operating under this paragraph
subdivision is responsible for maintaining these files for
inspection.
(14) (n) The school bus must bear a current certificate of
inspection issued under section 169.451.
(15) (o) The word "School" on the front and rear of the bus
must be covered by a sign that reads "Activities" when the bus
is being operated under authority of this paragraph subdivision.
Subd. 3. [MOTORIZED BICYCLE.] (a) No A motorized bicycle
shall may not be operated on any public roadway by any person
who does not possess a valid driver's license, unless the person
has obtained a motorized bicycle operator's permit or motorized
bicycle instruction permit from the commissioner of public
safety. The operator's permit may be issued to any person who
has attained the age of 15 years and who has passed the
examination prescribed by the commissioner. The instruction
permit may be issued to any person who has attained the age of
15 years and who has successfully completed an approved safety
course and passed the written portion of the examination
prescribed by the commissioner.
(b) This course must consist of, but is not limited to, a
basic understanding of:
(1) motorized bicycles and their limitations;
(2) motorized bicycle laws and rules;
(3) safe operating practices and basic operating
techniques;
(4) helmets and protective clothing;
(5) motorized bicycle traffic strategies; and
(6) effects of alcohol and drugs on motorized bicycle
operators.
(c) The commissioner may promulgate adopt rules prescribing
the content of the safety course, examination, and the
information to be contained on the permits. A person operating
a motorized bicycle under a motorized bicycle permit is subject
to the restrictions imposed by section 169.974, subdivision 2,
on operation of a motorcycle under a two-wheel instruction
permit.
(d) The fees for motorized bicycle operator's permits are
as follows:
(1) Examination and operator's permit,
valid for one year $ 6
(2) Duplicate $ 3
(3) Renewal permit before age 21
and valid until age 21 $ 9
(4) Renewal permit after age 21 or older
and valid for four years $15
(5) Duplicate of any renewal permit $ 4.50
(6) Written examination and
instruction permit, valid for
30 days $ 6
Subd. 4. [RESTRICTED COMMERCIAL DRIVER'S LICENSE.] (a) The
commissioner may issue restricted commercial drivers' licenses
and take the following actions to the extent that the actions
are authorized by regulation of the United States Department of
Transportation entitled "Waiver for Farm-Related Service
Industries" as published in the Federal Register, April 17, 1992
in Code of Federal Regulations, title 49, section 383.3,
paragraph (f):
(1) prescribe examination requirements and other
qualifications for the license;
(2) prescribe classes of vehicles that may be operated by
holders of the license;
(3) specify commercial motor vehicle operation that is
authorized by the license, and prohibit other commercial motor
vehicle operation by holders of the license; and
(4) prescribe the period of time during which the license
is valid.
(b) Restricted commercial drivers' licenses are subject to
sections 171.165 and 171.166 in the same manner as other
commercial drivers' licenses.
(c) Actions of the commissioner under this subdivision are
not subject to sections 14.05 to 14.47 of the Administrative
Procedure Act.
Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.]
Pursuant to the waiver authorization set forth in Public Law
104-59, section 345, subsection (a), paragraph (5), a person who
operates a commercial motor vehicle for the purpose of removing
snow or ice from a roadway by plowing, salting, or sanding is
not required to hold a commercial driver's license if the person:
(1) is an employee of a local unit of government with a
population of 3,000 or less;
(2) is operating within the boundaries of the local unit of
government;
(3) holds a valid class D driver's license; and
(4) except in the event of a lawful strike, is temporarily
replacing the employee who normally operates the vehicle but
either is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency as determined by
the local unit of government.
Sec. 60. Minnesota Statutes 2004, section 171.03, is
amended to read:
171.03 [PERSONS EXEMPT.]
The following persons are exempt from license hereunder:
(1) (a) A person in the employ or service of the United
States federal government is exempt while driving or operating a
motor vehicle owned by or leased to the United States federal
government, except that only a noncivilian operator of a
commercial motor vehicle owned or leased by the United States
Department of Defense or the Minnesota National Guard is exempt
from the requirement to possess a valid commercial motor vehicle
driver's license;.
(b) A person in the employ or service of the United States
federal government is exempt from the requirement to possess a
valid class A, class B, or class C commercial driver's license
while driving or operating for military purposes a commercial
motor vehicle owned by or leased to the United States federal
government if the person is:
(1) on active duty in the U. S. Coast Guard;
(2) on active duty in a branch of the U. S. Armed Forces,
which includes the Army, Air Force, Navy, and Marine Corps;
(3) a member of a reserve component of the U. S. Armed
Forces; or
(4) on active duty in the Army National Guard or Air
National Guard, which includes (i) a member on full-time
National Guard duty, (ii) a member undergoing part-time National
Guard training, and (iii) a National Guard military technician,
who is a civilian required to wear a military uniform.
The exemption provided under this paragraph does not apply to a
U. S. Armed Forces Reserve technician.
(2) (c) Any person while driving or operating any farm
tractor, or implement of husbandry temporarily operated or moved
on a highway, and is exempt. For purposes of this section, an
all-terrain vehicle, as defined in section 84.92, subdivision 8,
an off-highway motorcycle, as defined in section 84.787,
subdivision 7, and an off-road vehicle, as defined in section
84.797, subdivision 7, are not implements of husbandry;.
(3) (d) A nonresident who is at least 15 years of age and
who has in immediate possession a valid driver's license issued
to the nonresident in the home state or country may operate a
motor vehicle in this state only as a driver;.
(4) (e) A nonresident who has in immediate possession a
valid commercial driver's license issued by a state or
jurisdiction in compliance accordance with the Commercial Motor
Vehicle Safety Act of 1986, United States Code, title 49,
sections 521, 2304, and 2701 to 2716 standards of Code of
Federal Regulations, title 49, part 383, and who is operating in
Minnesota the class of commercial motor vehicle authorized by
the issuing state; or jurisdiction is exempt.
(5) (f) Any nonresident who is at least 18 years of age,
whose home state or country does not require the licensing of
drivers may operate a motor vehicle as a driver, but only for a
period of not more than 90 days in any calendar year, if the
motor vehicle so operated is duly registered for the current
calendar year in the home state or country of such the
nonresident;.
(6) (g) Any person who becomes a resident of the state of
Minnesota and who has in possession a valid driver's license
issued to the person under and pursuant to the laws of some
other state or province jurisdiction or by military authorities
of the United States may operate a motor vehicle as a
driver, but only for a period of not more than 60 days after
becoming a resident of this state, without being required to
have a Minnesota driver's license as provided in this chapter;.
(7) (h) Any person who becomes a resident of the state of
Minnesota and who has in possession a valid commercial driver's
license issued by another state or jurisdiction in
compliance accordance with the Commercial Motor Vehicle Safety
Act of 1986, United States Code, title 49, sections 521, 2304,
and 2701 to 2716 standards of Code of Federal Regulations, title
49, part 383, is exempt for not more than 30 days after becoming
a resident of this state; and.
(8) (i) Any person operating a snowmobile, as defined in
section 84.81, is exempt.
Sec. 61. Minnesota Statutes 2004, section 171.04,
subdivision 2, is amended to read:
Subd. 2. [DISQUALIFIED OPERATORS OF COMMERCIAL MOTOR
VEHICLES.] During the period of disqualification, the department
shall not issue a class C, class B, or class A commercial
driver's license, including a limited license, to a person who
has been disqualified from operating a commercial motor vehicle
under section 171.165.
Sec. 62. Minnesota Statutes 2004, section 171.05,
subdivision 1, is amended to read:
Subdivision 1. [PERSON 18 OR MORE YEARS OF AGE.] (a) Any
person who is 18 or more years of age and who, except for a lack
of instruction in operating a motor vehicle, would otherwise be
qualified to obtain a class D driver's license under this
chapter, may apply for an instruction permit and the department
shall issue such the permit entitling. The instruction permit
entitles the applicant, while having such permit in immediate
possession, to drive a motor vehicle for which a class D license
is valid upon the highways for a period of one year, but such
person must be two years if the permit holder:
(1) has the permit in immediate possession; and
(2) is driving the vehicle while accompanied by an adult
licensed driver who is actually occupying a seat beside the
driver.
(b) Any license of a lower class may be used as an
instruction permit for to operate a vehicle requiring a higher
class license for a period of six months after passage of the
written test or tests required for the higher class and when the
licensee is accompanied by and receiving instruction from a
holder of the appropriate higher class license. A copy of the
record of examination taken for the higher class license must be
carried by the driver while using such the lower class license
as an instruction permit.
Sec. 63. Minnesota Statutes 2004, section 171.05,
subdivision 2, is amended to read:
Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:
(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer; and
(6) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year two years
from the date of application and may be renewed upon payment of
a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.
Sec. 64. Minnesota Statutes 2004, section 171.05,
subdivision 2b, is amended to read:
Subd. 2b. [INSTRUCTION PERMIT USE BY PERSON UNDER AGE 18.]
(a) This subdivision applies to persons who have applied for and
received an instruction permit under subdivision 2.
(b) The permit holder may, with the permit in possession,
operate a motor vehicle, but must be accompanied by and be under
the supervision of a certified driver education instructor, the
permit holder's parent or guardian, or another licensed driver
age 21 or older. The supervisor must occupy the seat beside the
permit holder.
(c) The permit holder may operate a motor vehicle only when
every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who
violates this paragraph is subject to a fine of $25. A peace
officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the
driver of the motor vehicle for a moving violation as defined in
section 171.04, subdivision 1. The commissioner shall not
record a violation of this paragraph on a person's driving
record.
(d) The permit holder may not operate a vehicle while
communicating over, or otherwise operating, a cellular or
wireless telephone, whether handheld or hands free, when the
vehicle is in motion. The permit holder may assert as an
affirmative defense that the violation was made for the sole
purpose of obtaining emergency assistance to prevent a crime
about to be committed, or in the reasonable belief that a
person's life or safety was in danger.
(e) The permit holder must maintain a driving record free
of convictions for moving violations, as defined in section
171.04, subdivision 1, and free of convictions for violation of
section 169A.20, 169A.33, 169A.35, or sections 169A.50 to
169A.53. If the permit holder drives a motor vehicle in
violation of the law, the commissioner shall suspend, cancel, or
revoke the permit in accordance with the statutory section
violated.
[EFFECTIVE DATE.] This section is effective January 1, 2006.
Sec. 65. Minnesota Statutes 2004, section 171.055,
subdivision 2, is amended to read:
Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional
license holder may operate a motor vehicle only when every
occupant under the age of 18 has a seat belt or child passenger
restraint system properly fastened. A person who violates this
paragraph is subject to a fine of $25. A peace officer may not
issue a citation for a violation of this paragraph unless the
officer lawfully stopped or detained the driver of the motor
vehicle for a moving violation as defined in section 171.04.
The commissioner shall not record a violation of this paragraph
on a person's driving record.
(b) A provisional license holder may not operate a vehicle
while communicating over, or otherwise operating, a cellular or
wireless telephone, whether handheld or hands free, when the
vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the
sole purpose of obtaining emergency assistance to prevent a
crime about to be committed, or in the reasonable belief that a
person's life or safety was in danger.
(c) If the holder of a provisional license during the
period of provisional licensing incurs (1) a conviction for a
violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving
violation, or (3) more than one conviction for a moving
violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have
expired since the date of the conviction or until the person
reaches the age of 18 years, whichever occurs first.
[EFFECTIVE DATE.] This section is effective January 1, 2006.
Sec. 66. Minnesota Statutes 2004, section 171.06,
subdivision 2a, is amended to read:
Subd. 2a. [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.]
(a) The fee for any duplicate driver's license which is obtained
for the purpose of adding a two-wheeled vehicle endorsement is
increased by $18.50 for each first such duplicate license and
$13 for each renewal thereof. The additional fee shall must be
paid into the state treasury and credited as follows:
(1) $11 of the additional fee for each first duplicate
license, and $7 of the additional fee for each renewal, must be
credited to the motorcycle safety fund, which is hereby created;
provided that any ten percent of fee receipts in excess of
$750,000 in a fiscal year shall must be credited 90 percent to
the trunk highway fund and ten percent to the general fund, as
provided in section 171.26.
(2) The remainder of the additional fee must be credited to
the general fund.
(b) All application forms prepared by the commissioner for
two-wheeled vehicle endorsements shall must clearly state the
amount of the total fee that is dedicated to the motorcycle
safety fund.
Sec. 67. Minnesota Statutes 2004, section 171.09, as
amended by Laws 2005, chapter 136, article 18, section 11, is
amended to read:
171.09 [DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.]
Subdivision 1. [AUTHORITY; VIOLATIONS.] (a) The
commissioner shall have the authority, when good cause appears,
to may impose restrictions suitable to the licensee's driving
ability or such other restrictions applicable to the licensee as
the commissioner may determine to be appropriate to assure the
safe operation of a motor vehicle by the licensee. The
commissioner may,
(b) Pursuant to Code of Federal Regulations, title 49,
section 383.95, if an applicant for a commercial driver's
license either does not successfully complete the air brake
component of the knowledge test, or does not successfully
complete the skills test in a vehicle equipped with air brakes
as such tests are prescribed in Code of Federal Regulations,
title 49, part 384, the department shall indicate on the class
C, class B, or class A commercial driver's license, if issued,
that the individual is restricted from operating a commercial
motor vehicle equipped with air brakes.
(c) Upon receiving satisfactory evidence of any violation
of the restrictions of on the license, the commissioner may
suspend or revoke the license. A license suspension under this
section is subject to section 171.18, subdivisions 2 and 3.
(b) (d) A person who drives, operates, or is in physical
control of a motor vehicle while in violation of the
restrictions imposed in a restricted driver's license issued to
that person under paragraph (a) this section is guilty of a
crime as follows:
(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or
(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.
Subd. 2. [NO-ALCOHOL RESTRICTION.] (a) Upon proper
application by a person having a valid driver's license
containing the restriction that the person must consume no
alcohol and whose driving record contains no impaired driving
incident within the past ten years, the commissioner must issue
to the person a duplicate driver's license that does not show
that restriction. Such issuance of a duplicate license does not
rescind the no-alcohol restriction on the recipient's driving
record. "Impaired driving incident" has the meaning given in
section 169A.03, subdivision 22.
(b) Upon the issuance of a duplicate license to a person
under paragraph (a), the no-alcohol restriction on the person's
driving record is classified as private data on individuals, as
defined in section 13.02, subdivision 12, but may be provided to
requesting law enforcement agencies, probation and parole
agencies, and courts.
Sec. 68. Minnesota Statutes 2004, section 171.12,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION AND RECORD, WHEN DESTROYED.] The
department may cause applications for drivers' licenses,
provisional licenses, and instruction permits, and related
records, to be destroyed immediately after the period for which
issued, except that:
(1) the driver's record pertaining to revocations,
suspensions, cancellations, disqualifications, convictions, and
accidents shall be is cumulative and must be kept for a period
of at least five years;
(2) the driver's record pertaining to violations of a
driver or vehicle out-of-service order must be kept for a period
of at least ten years; and
(3) the driver's record pertaining to felony convictions in
the commission of which a motor vehicle was used, to the
alcohol-related offenses and licensing actions listed in section
169A.03, subdivisions 20 and 21, and to violations of sections
section 169.09, to violations of section 169A.31, and to
violations of section 171.24, subdivision 5, shall must
be cumulative and kept for a period of at least 15 years, except
as provided in clause (3); and
(3) the driver's record pertaining to an offense, or a
related licensing action, under section 169A.20, subdivision 1,
clause (1) or (5), must be purged after ten years of any
reference to the offense or action if (i) this offense or action
involved an alcohol concentration of 0.08 or more but less than
0.10, (ii) this offense or action was a first impaired driving
incident, and (iii) the driver has incurred no other impaired
driving incident during the ten-year period. For purposes of
this clause, "impaired driving incident" includes any incident
that may be counted as a prior impaired driving conviction or a
prior impaired driving-related loss of license, as defined in
section 169A.03, subdivisions 20 and 21. This clause does not
apply to the driver's record of a person to whom a commercial
driver's license has been issued retained permanently.
Sec. 69. Minnesota Statutes 2004, section 171.12,
subdivision 6, is amended to read:
Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] (a) Except as
provided in paragraph (b), the department shall not keep on the
record of a driver any conviction for a violation of section
169.14, subdivision 2, paragraph (a), clause (3), a speed limit
of 55 or 60 miles per hour unless the violation consisted of a
speed greater than ten miles per hour in excess of the lawful
speed a 55 miles per hour speed limit, or more than five miles
per hour in excess of a 60 miles per hour speed limit.
(b) This subdivision does not apply to (1) a violation that
occurs in a commercial motor vehicle, or (2) a violation
committed by a holder of a class A, B, or C commercial driver's
license, without regard to whether the violation was committed
in a commercial motor vehicle or another vehicle.
Sec. 70. Minnesota Statutes 2004, section 171.13,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION UPON RENEWAL.] (a) The department
shall issue a driver's license upon renewal:
(1) when the applicant has passed an examination consisting
of a screening of the applicant's eyesight since the last
previous license renewal or issuance; and
(2) if applicable, when an applicant has passed a written
examination since the last previous license renewal or issuance
and after receiving a warning letter or attending a preliminary
hearing as a habitual violator, within the meaning of rules
adopted by the commissioner; and
(3) if applicable, when an applicant has passed a road
examination since the last previous license renewal or issuance
and after having had driving privileges suspended as a habitual
violator, within the meaning of rules adopted by the
commissioner.
(b) A screening of eyesight required by this subdivision
does not constitute the practice of optometry as defined in
section 148.56.
(c) The commissioner may adopt rules to administer this
subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2006.
Sec. 71. [171.162] [COMMERCIAL DRIVER'S LICENSE, RECORDS
CHECK.]
As required by Code of Federal Regulations, title 49,
section 383.73, before issuing a class A, class B, or class C
commercial driver's license, the department shall request the
applicant's complete driving record from all states where the
applicant was previously licensed over the last ten years to
operate any type of motor vehicle.
Sec. 72. Minnesota Statutes 2004, section 171.165,
subdivision 1, is amended to read:
Subdivision 1. [FIRST VIOLATION FEDERAL STANDARDS.]
Subject to section 171.166, the commissioner shall disqualify a
person from operating commercial motor vehicles for one year
upon receiving a record of the first conviction of the person
for committing a violation of any of the following offenses
while operating a commercial motor vehicle:
(1) section 169A.20 or 169A.31;
(2) section 169.09, subdivision 1 or 2;
(3) a felony, other than a felony described in subdivision
3, paragraph (a), clause (2), item (ii);
(4) driving with a revoked, suspended, canceled, denied, or
disqualified commercial driver's license;
(5) causing a fatality through the negligent or criminal
operation of a commercial motor vehicle; or
(6) an offense committed in another state that would be
grounds for disqualification under this subdivision or
subdivision 2 if committed in Minnesota in accordance with the
driver disqualifications and penalties in Code of Federal
Regulations, title 49, part 383, subpart D and Code of Federal
Regulations, title 49, section 384.219.
Sec. 73. Minnesota Statutes 2004, section 171.165,
subdivision 2, is amended to read:
Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner
shall disqualify a person from operating commercial motor
vehicles for one year from the effective date of a revocation
under section 169A.52 or a statute or ordinance from another
state or jurisdiction in conformity with it, if the person was
driving, operating, or in physical control of a commercial motor
vehicle at the time of the incident on which the revocation is
based in accordance with the driver disqualifications and
penalties in Code of Federal Regulations, title 49, part 383,
subpart D.
Sec. 74. Minnesota Statutes 2004, section 171.165,
subdivision 6, is amended to read:
Subd. 6. [EXEMPTIONS.] (a) A disqualification shall not be
imposed under this section on a recreational equipment vehicle
operator, farmer, or firefighter authorized emergency vehicle
operator operating a commercial motor vehicle within the scope
of section 171.02, subdivision 2, paragraph (b).
(b) A conviction for a violation that occurred before
August 1, 2005, while operating a vehicle that is not a
commercial motor vehicle shall not be counted as a first or
subsequent violation for purposes of determining the period for
which a driver must be disqualified under this section.
Sec. 75. [171.167] [NOTICE TO COMMERCIAL DRIVER'S LICENSE
INFORMATION SYSTEM.]
The department shall participate fully in the commercial
driver's license information system established under the
Commercial Motor Vehicle Safety Act of 1986 at United States
Code, title 49, section 31309.
Sec. 76. Minnesota Statutes 2004, section 171.17,
subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] (a) The department shall
immediately revoke the license of a driver upon receiving a
record of the driver's conviction of:
(1) manslaughter resulting from the operation of a motor
vehicle or criminal vehicular homicide or injury under section
609.21;
(2) a violation of section 169A.20 or 609.487;
(3) a felony in the commission of which a motor vehicle was
used;
(4) failure to stop and disclose identity and render aid,
as required under section 169.09, in the event of a motor
vehicle accident, resulting in the death or personal injury of
another;
(5) perjury or the making of a false affidavit or statement
to the department under any law relating to the ownership or
operation of a motor vehicle;
(6) except as this section otherwise provides, three
charges of violating within a period of 12 months any of the
provisions of chapter 169 or of the rules or municipal
ordinances enacted in conformance with chapter 169, for which
the accused may be punished upon conviction by imprisonment;
(7) two or more violations, within five years, of the
misdemeanor offense described in section 169.444, subdivision 2,
paragraph (a);
(8) the gross misdemeanor offense described in section
169.444, subdivision 2, paragraph (b); or
(9) an offense in another state that, if committed in this
state, would be grounds for revoking the driver's license; or
(10) a violation of an applicable speed limit by a person
driving in excess of 100 miles per hour. The person's license
must be revoked for six months for a violation of this clause,
or for a longer minimum period of time applicable under section
169A.53, 169A.54, or 171.174.
(b) The department shall immediately revoke the school bus
endorsement of a driver upon receiving a record of the driver's
conviction of the misdemeanor offense described in section
169.443, subdivision 7.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to violations committed on or after that date.
Sec. 77. Minnesota Statutes 2004, section 171.18,
subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] The commissioner may suspend
the license of a driver without preliminary hearing upon a
showing by department records or other sufficient evidence that
the licensee:
(1) has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) has been convicted by a court for violating a provision
of chapter 169 or an ordinance regulating traffic, other than a
conviction for a petty misdemeanor, and department records show
that the violation contributed in causing an accident resulting
in the death or personal injury of another, or serious property
damage;
(3) is an habitually reckless or negligent driver of a
motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined
in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the
license;
(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444,
subdivision 2, paragraph (a), within five years of a prior
conviction under that section;
(9) has committed a violation of section 171.22, except
that the commissioner may not suspend a person's driver's
license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification
card;
(10) has failed to appear in court as provided in section
169.92, subdivision 4;
(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving
privileges; or
(12) has been found to have committed an offense under
section 169A.33; or
(13) has paid or attempted to pay a fee required under this
chapter for a license or permit by means of a dishonored check
issued to the state or a driver's license agent, which must be
continued until the registrar determines or is informed by the
agent that the dishonored check has been paid in full.
However, an action taken by the commissioner under clause (2) or
(5) must conform to the recommendation of the court when made in
connection with the prosecution of the licensee.
Sec. 78. Minnesota Statutes 2004, section 171.30,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case
where a person's license has been suspended under section
171.18, 171.173, or 171.186, or revoked under section 169.792,
169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
may issue a limited license to the driver including under the
following conditions:
(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;
(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or
(3) if attendance at a postsecondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.
(b) The commissioner in issuing a limited license may
impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.
(c) For purposes of this subdivision, "homemaker" refers to
the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the
person's dependent child or other dependents.
(d) The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.
(e) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.
(f) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner
may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or
written statement indicating that the driver or owner has
insurance coverage satisfactory to the commissioner of public
safety. The commissioner of public safety may require the
insurance identification card provided to satisfy this
subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(g) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days
after the date it is issued. The commissioner must not issue a
limited license to a person who previously has been issued a
limited license under section 171.186, subdivision 4.
(h) The commissioner shall not issue a limited driver's
license to any person described in section 171.04, subdivision
1, clause (6), (7), (8), (10), (11), or (14).
(i) The commissioner shall not issue a class A, class B, or
class C limited license.
Sec. 79. Minnesota Statutes 2004, section 174.50, is
amended by adding a subdivision to read:
Subd. 6b. [BRIDGE ENGINEERING AND DESIGN COSTS IN SMALLER
CITIES.] Until June 30, 2007, the commissioner may make grants
from the state transportation fund to a home rule or statutory
city with a population of 5,000 or less and a net tax capacity
of under $200,000 for design and preliminary engineering of
bridges on city streets. Grants under this subdivision are
subject to the procedures and criteria established under
subdivisions 5 and 6, and may be used for 100 percent of the
design and preliminary engineering costs. Total grants under
this subdivision to all cities may not exceed $200,000.
Sec. 80. Minnesota Statutes 2004, section 174.86,
subdivision 5, is amended to read:
Subd. 5. [COMMUTER RAIL CORRIDOR COORDINATING COMMITTEE.]
(a) A Commuter Rail Corridor Coordinating Committee shall be
established to advise the commissioner on issues relating to the
alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation
method, construction of commuter rail, public involvement, land
use, service, and safety. The Commuter Rail Corridor
Coordinating Committee shall consist of:
(1) one member representing each significant funding
partner in whose jurisdiction the line or lines are located;
(2) one member appointed by each county in which the
corridors are located;
(3) one member appointed by each city in which advanced
corridor plans indicate that a station may be located;
(4) two members appointed by the commissioner, one of whom
shall be designated by the commissioner as the chair of the
committee;
(5) one member appointed by each metropolitan planning
organization through which the commuter rail line may pass; and
(6) one member appointed by the president of the University
of Minnesota, if a designated corridor provides direct service
to the university.
(b) A joint powers board existing on April 1, 1999,
consisting of local governments along a commuter rail corridor,
shall perform the functions set forth in paragraph (a) in place
of the committee.
(c) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
[EFFECTIVE DATE.] This section is effective retroactively
from June 30, 2003. All actions taken in reliance on Minnesota
Statutes, section 15.059 or 174.86, are ratified by the
enactment of this section.
Sec. 81. Minnesota Statutes 2004, section 179A.03,
subdivision 7, as amended by Laws 2005, chapter 125, article 2,
section 1, is amended to read:
Subd. 7. [ESSENTIAL EMPLOYEE.] "Essential employee" means
firefighters, peace officers subject to licensure under sections
626.84 to 626.863, 911 system and police and fire department
public safety dispatchers, guards at correctional facilities,
confidential employees, supervisory employees, assistant county
attorneys, assistant city attorneys, principals, and assistant
principals. However, for state employees, "essential employee"
means all employees in law enforcement, public safety radio
communications operators, health care professionals,
correctional guards, professional engineering, and supervisory
collective bargaining units, irrespective of severance, and no
other employees. For University of Minnesota employees,
"essential employee" means all employees in law enforcement,
nursing professional and supervisory units, irrespective of
severance, and no other employees. "Firefighters" means
salaried employees of a fire department whose duties include,
directly or indirectly, controlling, extinguishing, preventing,
detecting, or investigating fires. Employees for whom the state
court administrator is the negotiating employer are not
essential employees. For Hennepin Healthcare System, Inc.
employees, "essential employees" means all employees.
Sec. 82. Minnesota Statutes 2004, section 179A.10,
subdivision 2, is amended to read:
Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless
otherwise excluded, are included within the units which include
the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to
units 12 and 16. The following are the appropriate units of
executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit; and
(16) supervisory employees unit; and
(17) public safety radio communications operator unit.
Each unit consists of the classifications or positions
assigned to it in the schedule of state employee job
classification and positions maintained by the commissioner.
The commissioner may only make changes in the schedule in
existence on the day prior to August 1, 1984, as required by law
or as provided in subdivision 4.
Sec. 83. Minnesota Statutes 2004, section 192.502,
subdivision 2, is amended to read:
Subd. 2. [RENEWAL OF PROFESSIONAL LICENSES OR
CERTIFICATIONS LICENSE, DRIVER'S LICENSE AND MOTOR VEHICLE
REGISTRATION.] The renewal of a license or certificate of
registration for a member of the Minnesota National Guard or
other military reserves person who has been ordered to active
military service and who is required by law to be licensed or
registered in order to carry on or practice a health or other
trade, employment, occupation, or profession in the state is
governed under sections 326.55 and 326.56.
(b) The renewal of a driver's license for a person who has
been ordered to active military service is governed under
section 171.27.
(c) The renewal and payment of the motor vehicle
registration tax for a vehicle of a person who has been ordered
to active military service is governed under section 168.031.
Sec. 84. Minnesota Statutes 2004, section 197.65, is
amended to read:
197.65 [RENEWAL OF PROFESSIONAL LICENSES OR
CERTIFICATIONS LICENSE, MOTOR VEHICLE REGISTRATION AND DRIVER'S
LICENSE.]
(a) The renewal of a license or certificate of registration
for a person who is serving in or has recently been separated or
discharged from active military service and who is required by
law to be licensed or registered in order to carry on or
practice a health or other trade, employment, occupation, or
profession in the state is governed under sections 326.55 and
326.56.
(b) The renewal of a driver's license for a person who is
serving in or has recently been separated or discharged from
active military service is governed under section 171.27.
(c) The renewal and payment of the motor vehicle
registration tax for a vehicle of a person who is serving in or
has recently been separated or discharged from active military
service is governed under section 168.031.
Sec. 85. [219.1651] [GRADE CROSSING SAFETY ACCOUNT.]
A Minnesota grade crossing safety account is created in the
special revenue fund, consisting of money credited to the
account by law. Money in the account is appropriated to the
commissioner of transportation for rail-highway grade crossing
safety projects on public streets and highways, including
engineering costs. Money in the account at the end of each
fiscal year cancels to the trunk highway fund.
Sec. 86. Minnesota Statutes 2004, section 219.166, is
amended to read:
219.166 [ESTABLISHMENT OF QUIET ZONES.]
A county, statutory or home rule charter city, or town may
by ordinance establish a defined apply to the Federal Railroad
Administration for the establishment of a "quiet zone" in which
the sounding of horns, whistles, or other audible warnings by
locomotives is regulated or prohibited. A quiet zone
established under this section must consist of at least one-half
mile of railroad right-of-way. All quiet zones, regulations,
and ordinances adopted under this section must conform to
federal law and the regulations of the Federal Railroad
Administration under United States Code, title 49, section 20153.
Sec. 87. Minnesota Statutes 2004, section 219.567, is
amended to read:
219.567 [FAILURE TO RING BELL.]
An engineer driving a locomotive on a railway who fails (1)
to ring the bell or sound the whistle on the locomotive, or have
it rung or sounded, at least 80 rods from a place where the
railway crosses a traveled road or street on the same level,
except in cities, or (2) to continue ringing the bell or
sounding the whistle at intervals until the locomotive and
attached train have completely crossed the road or street, in
accordance with Federal Railroad Administration regulations
under United States Code, title 49, section 20153, is guilty of
a misdemeanor.
Sec. 88. Minnesota Statutes 2004, section 299D.03,
subdivision 5, is amended to read:
Subd. 5. [TRAFFIC FINES AND FORFEITED BAIL MONEY.] (a) All
fines and forfeited bail money, from traffic and motor vehicle
law violations, collected from persons apprehended or arrested
by officers of the State Patrol, shall be paid by the person or
officer collecting the fines, forfeited bail money, or
installments thereof, on or before the tenth day after the last
day of the month in which these moneys were collected, to the
county treasurer of the county where the violation occurred.
Three-eighths of these receipts shall be credited to the general
revenue fund of the county, except that in a county in a
judicial district under section 480.181, subdivision 1,
paragraph (b), this three-eighths share must be transmitted to
the commissioner of finance for deposit in the state treasury
and credited to the general fund. The other five-eighths of
these receipts shall be transmitted by that officer to the
commissioner of finance and must be credited as follows: (1)
the first $600,000 in each fiscal year must be credited to the
Minnesota grade crossing safety account in the special revenue
fund, and (2) remaining receipts must be credited to the trunk
highway fund. If, however, the violation occurs within a
municipality and the city attorney prosecutes the offense, and a
plea of not guilty is entered, one-third of the receipts shall
be credited to the general revenue fund of the county, one-third
of the receipts shall be paid to the municipality prosecuting
the offense, and one-third shall be transmitted to the
commissioner of finance as provided in this subdivision. All
costs of participation in a nationwide police communication
system chargeable to the state of Minnesota shall be paid from
appropriations for that purpose.
(b) Notwithstanding any other provisions of law, all fines
and forfeited bail money from violations of statutes governing
the maximum weight of motor vehicles, collected from persons
apprehended or arrested by employees of the state of Minnesota,
by means of stationary or portable scales operated by these
employees, shall be paid by the person or officer collecting the
fines or forfeited bail money, on or before the tenth day after
the last day of the month in which the collections were made, to
the county treasurer of the county where the violation
occurred. Five-eighths of these receipts shall be transmitted
by that officer to the commissioner of finance and shall be
credited to the highway user tax distribution fund.
Three-eighths of these receipts shall be credited to the general
revenue fund of the county, except that in a county in a
judicial district under section 480.181, subdivision 1,
paragraph (b), this three-eighths share must be transmitted to
the commissioner of finance for deposit in the state treasury
and credited to the general fund.
Sec. 89. [TOWN ROAD SIGN REPLACEMENT PROGRAM.]
Subdivision 1. [SCOPE OF PROGRAM.] The commissioner of
transportation shall develop and implement a town road sign
replacement program to:
(1) inventory all county and town road signs;
(2) evaluate town road signs for compliance with applicable
sign standards;
(3) remove and replace town road signs as the commissioner
deems necessary; and
(4) establish an ongoing sign maintenance program.
Subd. 2. [SIGN STANDARDS.] Standards for sign removal,
replacement, and installation must conform to applicable
federal, state, and local safety standards, including
retroreflectivity standards and other provisions of the Manual
on Uniform Traffic Control Devices adopted by the commissioner.
Subd. 3. [LOCAL GOVERNMENT PARTICIPATION.] The
commissioner may establish conditions for local government
participation in the town road sign replacement program,
including, but not limited to, involvement of county engineers,
and establishment and maintenance by the local government of a
database of county and town road signs.
Subd. 4. [USE OF APPROPRIATIONS.] The commissioner may
utilize the proceeds of state appropriations for the town road
sign replacement program to match federal funds. The
commissioner may establish a pilot program in consultation with
the Minnesota Association of Townships.
[EFFECTIVE DATE.] This section takes effect on the
effective date of a state or federal appropriation for the town
road sign replacement program.
Sec. 90. [DEVELOPMENT AUTHORIZED.]
Dakota County Regional Railroad Authority may exercise the
powers conferred by Minnesota Statutes, section 398A.04, to
plan, establish, acquire, develop, construct, purchase, enlarge,
extend, improve, maintain, equip, operate, regulate, and protect
a bus rapid transit system located within the Cedar Avenue
transit corridor within Dakota County.
[EFFECTIVE DATE.] Pursuant to Minnesota Statutes, section
645.023, subdivision 1, paragraph (a), this section is effective
without local approval the day following final enactment.
Sec. 91. [SUSPENSION OF PROGRAM TO VERIFY INSURANCE
COVERAGE THROUGH SAMPLING.]
The commissioner of public safety shall take no action
under Minnesota Statutes, section 169.796, subdivision 3, and
shall discontinue all activities related to the program to
verify insurance coverage through sampling, except as provided
in sections 92 to 98.
Sec. 92. [REINSTATEMENT OF SUSPENDED LICENSES.]
The commissioner, without requiring proof of insurance or
payment of a reinstatement fee, shall reinstate the driver's
license of every vehicle owner whose license is suspended under
Minnesota Statutes, section 169.796, subdivision 3, retroactive
to the date of the suspension. The commissioner shall promptly
refund any such reinstatement fees previously paid.
Sec. 93. [DISMISSAL OF CHARGES.]
All charges, complaints, and citations issued for a
violation of Minnesota Statutes, section 169.796, subdivision 3,
or a related violation, including driving after a license
suspension imposed for failure to comply with the provisions of
Minnesota Statutes, section 169.796, subdivision 3, are void and
must be dismissed.
Sec. 94. [REMOVAL OF PREVIOUS VIOLATIONS.]
The commissioner shall purge from a person's driving record
any notation of a violation of Minnesota Statutes, section
169.796, subdivision 3, and any notation of a related suspension
or violation, including driving after a license suspension
imposed for failure to comply with the provisions of Minnesota
Statutes, section 169.796, subdivision 3. An insurer may not
increase a premium for a policy of vehicle insurance on the
basis of a violation described in this section by a named
insured if the violation occurred before the effective date of
this section, and any such increase previously imposed must be
rescinded and any related premium increase promptly refunded.
Sec. 95. [REMEDIATION FOR CONVICTIONS.]
A court in which a conviction for an offense referred to in
section 101 occurred, must vacate the conviction, on its own
motion, without cost to the person convicted, and must
immediately notify the commissioner of public safety. The
commissioner must then notify the person convicted that the
conviction has been vacated and that the person's driving record
has been purged of a violation of Minnesota Statutes, section
169.796, subdivision 3, or any other related suspension or
violation, including driving after license suspension, for
failure to comply with that subdivision.
Sec. 96. [REMEDIATION BY INSURERS.]
(a) Insurers that issue or renew motor vehicle insurance in
this state shall, within 60 days after the effective date of
this section, inform the commissioner of commerce as to whether
it has canceled, failed to renew, denied an application for
coverage, or imposed a surcharge on any motor vehicle insurance
due to a suspension or conviction as a result of the law
referenced in section 91, provide a list of any such persons,
and indicate for each person the remediation the insurer intends
to provide.
(b) Remediation under paragraph (a) must compensate the
victim by providing refunds and reinstatements of coverage.
(c) Insurers shall provide the remediation without
requiring that the person make a request for remediation.
(d) The commissioner of commerce shall enforce this section
under its general enforcement powers under Minnesota Statutes,
chapter 45.
Sec. 97. [REPORT.]
The commissioner of public safety shall report to the
chairs of the house of representatives and senate committees
with jurisdiction over transportation policy and finance by
September 1, 2006, concerning the operation of the vehicle
insurance verification program, and the impact of the program on
the identification and number of uninsured motorists.
Sec. 98. [PUBLIC SAFETY FUNDING.]
The commissioner of public safety shall use unspent funds
appropriated for purposes of administering Minnesota Statutes,
section 169.796, subdivision 3, to carry out the provisions of
sections 92 and 94. Funds remaining at the conclusion of fiscal
year 2005 may be carried over to fiscal year 2006 until
expended, to complete the required provisions of sections 92 and
94.
Sec. 99. [ROUSSAIN CEMETERY; DESIGNATION.]
On agreement of the Fond du Lac Band of Lake Superior
Chippewa and the city of Duluth, the city shall name and
dedicate the cemetery that is on land leased to the band by the
city as "Roussain Cemetery." After consulting with the Fond du
Lac Band, the city shall adopt a suitable marking design to
memorialize the cemetery and erect the appropriate signs or
memorials on assurance of the availability of noncity funds
sufficient to pay all costs related to designing, erecting, and
preserving the signs or memorials.
[EFFECTIVE DATE.] This section is effective the day after
the governing body of Duluth and its chief clerical officer
comply with Minnesota Statutes, section 645.021, subdivisions 2
and 3.
Sec. 100. [WETLAND REPLACEMENT REQUIREMENT EXEMPTION.]
Notwithstanding any law to the contrary, due to the
construction of a trail in or near the city of Cologne on type I
and type III wetlands in the area between the improved portion
of marked State Highway 284 and Benton Lake, wetland replacement
is eligible for replacement under Minnesota Statutes, section
103G.222, subdivision 1, paragraph (l).
Sec. 101. [MAXIMUM TRAIN SPEED IN CITY OF ORR.]
In order to eliminate or reduce local safety hazards, a
railway corporation may not permit a train to be operated at a
speed in excess of 30 miles per hour while any portion of the
engine or train is within the limits of the city of Orr in St.
Louis County.
[EFFECTIVE DATE; LOCAL APPROVAL.] This section is effective
the day after the governing body of the city of Orr and its
chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
Sec. 102. [ETHANOL MANDATE.]
Notwithstanding any other provision of law, if the minimum
percentage of denatured alcohol that must be contained in
gasoline sold or offered for sale in Minnesota under Minnesota
Statutes, section 239.731, is more than ten percent, that
percentage reverts to ten percent 90 days after the effective
date of any federal law relating to (1) the federal excise tax
rate on gasoline-ethanol blends, or (2) the deposit of revenues
from the federal excise tax on gasoline-ethanol blends, that in
the determination of the commissioner of transportation will
result in a loss of federal transportation funds to Minnesota
that is directly attributable to requiring a minimum of more
than ten percent denatured ethanol in gasoline sold or offered
for sale in Minnesota.
Sec. 103. [ADDITIONAL DEPUTY REGISTRAR OF MOTOR VEHICLES
FOR HENNEPIN COUNTY.]
Notwithstanding Minnesota Statutes, section 168.33, and
rules adopted by the commissioner of public safety, limiting
sites for the office of deputy registrar based on either the
distance to an existing deputy registrar office or the annual
volume of transactions processed by any deputy registrar within
Hennepin County before or after the proposed appointment, the
commissioner of public safety shall appoint a new deputy
registrar of motor vehicles and driver's license agent for
Hennepin County to operate a new full-service office of deputy
registrar, with full authority to function as a registration and
motor vehicle tax collection and driver's license bureau, at the
Midtown Exchange Building in the city of Minneapolis. All other
provisions regarding the appointment and operation of a deputy
registrar of motor vehicles and driver's license agent under
Minnesota Statutes, sections 168.33 and 171.061, and Minnesota
Rules, chapter 7406, apply to the office.
Sec. 104. [DEPUTY REGISTRAR AND DRIVER'S LICENSE AGENT
APPOINTMENT.]
Notwithstanding any restriction in law or rule concerning
proximity of deputy motor vehicle registrar offices or predicted
number of annual applications processed, the commissioner of
public safety shall appoint the auditor of Carver County as a
deputy motor vehicle registrar and driver's license agent in the
city of Chanhassen. All provisions of Minnesota Statutes,
sections 168.33 and 171.061, not inconsistent with this section,
apply to the appointments under this section.
Sec. 105. [TRANSITION.]
Subdivision 1. [ASSIGNMENT OF JOB CLASSIFICATION TO UNIT.]
The commissioner of the Bureau of Mediation Services shall
assign the job classifications and positions of employees
working as public safety radio communications operators to state
employee bargaining unit 17.
Subd. 2. [TERMS AND CONDITIONS OF EMPLOYMENT.] The terms
and conditions of the collective bargaining agreement, memoranda
of understanding, or other salary and benefit provisions
covering public safety radio communications operators
immediately before the effective date of this section remain in
effect until a successor agreement between the commissioner of
employee relations and the exclusive representative of
bargaining unit 17 becomes effective, subject to Minnesota
Statutes, section 179A.20, subdivision 6.
Subd. 3. [EXCLUSIVE REPRESENTATIVE.] The employee
organization that is the exclusive representative of employees
assigned to bargaining unit 17 on the day before the effective
date of this section must be certified by the commissioner of
the Bureau of Mediation Services as the exclusive representative
of newly created bargaining unit 17, subject to future changes
as provided in Minnesota Statutes, section 179A.12. For
employees assigned to bargaining unit 17, the exclusive
representative retains all rights and obligations under the
contract governing these employees immediately before the
effective date of this section, so long as that contract
continues to apply to those employees.
Sec. 106. [FLOODWOOD SAFETY REST AREA.]
Notwithstanding Minnesota Statutes, section 160.2725,
subdivisions 1 and 5, or section 160.08, subdivision 7, or other
lease or agreement to the contrary, the operator of the safety
rest area in the city of Floodwood may sell nonalcoholic
beverages and snack foods. This provision may not be waived by
contract or other agreement.
Sec. 107. [RULE CHANGE; INSTRUCTION TO REVISOR.]
The revisor of statutes shall change Minnesota Rules, part
8820.3300, subpart 2, to require that comments be directed to
the commissioner of transportation in conformity with the same
period allowed for written objections to be received by the
commissioner under this act's amendments to Minnesota Statutes
2004, sections 162.02, subdivision 3a, and 162.09, subdivision
3a. The rule change is effective the same day as the effective
date of this act's amendments to Minnesota Statutes 2004,
sections 162.02, subdivision 3a, and 162.09, subdivision 3a.
Sec. 108. [REPEALER.]
(a) Minnesota Statutes 2004, sections 168.011, subdivision
19; and 168.15, subdivision 2, are repealed.
(b) Minnesota Statutes 2004, section 171.165, subdivisions
3, 4, 4a, and 4b, are repealed.
(c) Minnesota Statutes 2004, section 473.408, subdivision
1, is repealed.
(d) Minnesota Statutes 2004, sections 168.831; 168.832;
168.833; 168.834; 168.835; 168.836; and 168.837, are repealed.
(e) Minnesota Rules, part 7503.2400, is repealed.
(f) Minnesota Rules, parts 7800.0600; 7800.3200, subpart 1;
7805.0700; 8850.6900, subpart 20; and 8855.0500, subpart 1, are
repealed.
Sec. 109. [EFFECTIVE DATE; EXPIRATION.]
Sections 91 to 98 are effective the day following final
enactment and expire on June 10, 2006.
ARTICLE 4
EFFECTIVE DATES
Section 1. [EFFECTIVE DATES.]
(a) Except as otherwise provided in this act, all
provisions of this act are effective the day following final
enactment.
(b) All provisions in article 2 that provide for the
deposit of money in the driver services operating account or the
vehicle services operating account in the special revenue fund
are effective retroactively from July 1, 2005.
(c) All fee increases provided for in article 2 are
effective August 1, 2005.
(d) Appropriations in this act are effective retroactively
from July 1, 2005, and supersede and replace funding authorized
by order of the Ramsey County District Court in Case No.
C9-05-5928, as well as by Laws 2005, First Special Session
chapter 2, which provided temporary funding through July 14,
2005.
Presented to the governor July 13, 2005
Signed by the governor July 14, 2005, 1:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes