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

  

                         Laws of Minnesota 1985 

                         CHAPTER 299-S.F.No. 43 
           An act relating to transportation; removing the 
          24-foot restriction on county state-aid money needs; 
          changing the definition of urban and rural counties; 
          providing for apportionments in calendar years 1986 
          and 1987; establishing conflict of interest 
          requirements for court-appointed commissioners in 
          condemnation; providing for relocation and disposal of 
          historically significant buildings or structures; 
          denying certain contracts to persons convicted of 
          contract crimes; modifying penalties for certain 
          seasonal weight violations; providing for priority 
          list of market artery highways which need upgrading; 
          permitting certain wide loads; establishing good faith 
          exception to excessive gross weight penalties for 
          shippers; providing certain exemptions from weight 
          record requirements; establishing gross vehicle weight 
          limits for courier service vehicles; providing that 
          hours of service rules do not apply to farm vehicles; 
          exempting certain farm vehicles from the vehicle 
          identification rule; exempting certain persons from 
          certain hazardous material rules and allowing 
          variances; providing for rescission of canceled 
          permits if a carrier has insurance coverage; excluding 
          modular home movers from regulation as building 
          movers; creating a new state-surveying coordinate 
          system; providing for a special permit to test certain 
          three-vehicle combinations until July 31, 1986; 
          allowing and prescribing certain parking facilities 
          for interstate highway I-394; removing and modifying 
          certain restrictions on the expenditure of proceeds 
          from state transportation bonds; directing the 
          commissioner of transportation to issue a special 
          permit for a certain combination of vehicles; 
          requiring joint legislative study; prescribing a fee; 
          prescribing a penalty; amending Minnesota Statutes 
          1984, sections 117.075; 161.20, subdivision 2; 162.07, 
          subdivisions 2, 3, and 4; 168.013, subdivisions 1e and 
          3; 169.833; 169.862; 169.871, by adding a subdivision; 
          169.872, subdivision 1; 174A.06; 221.011, subdivisions 
          13 and 25; 221.025; 221.031, subdivisions 2 and 6; 
          221.033; 221.131, by adding a subdivision; 221.161, 
          subdivision 1; 221.185, subdivision 4, and by adding a 
          subdivision; 221.231; 221.291, subdivision 1; 221.65; 
          221.67; 221.68; 221.81, subdivision 1; 505.18; 505.19; 
          505.20; 505.22; 505.23; 505.24; Laws 1979, chapter 
          280, section 2, as amended; proposing coding for new 
          law in Minnesota Statutes, chapters 161, 162, 221, and 
          505; repealing Minnesota Statutes 1984, sections 
          221.296, subdivision 2; 221.61; 221.62; 221.63; 
          221.64; and 221.66. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 117.075, is 
amended to read: 
    117.075 [COURT TO APPOINT COMMISSIONERS.] 
    Upon proof being filed of the service of such notice, the 
court, at the time and place therein fixed or to which the 
hearing may be adjourned, shall hear all competent evidence 
offered for or against the granting of the petition, regulating 
the order of proof as it may deem best.  If the proposed taking 
shall appear to be necessary and such as is authorized by law, 
the court by an order shall appoint three disinterested 
commissioners, and at least two alternates, residents of the 
county, to ascertain and report the amount of damages that will 
be sustained by the several owners on account of such taking.  
    Before appointing a commissioner, the court shall inquire 
whether each prospective commissioner has any relationship, 
business or otherwise, to any of the parties in the proceeding, 
or any interest in the proceeding which may constitute a 
conflict of interest, or which may create the appearance of 
impropriety should that person be appointed.  Responses to this 
inquiry must be either written or on the record and made 
available by the court to any party in the proceeding before and 
after appointment.  No person who might have difficulty in 
rendering an unbiased decision may be appointed to serve.  The 
court, in its discretion, may appoint one registered, practicing 
attorney to the commission who is knowledgeable in eminent 
domain matters.  All other commissioners appointed must be 
persons actively engaged in the occupation of real estate sales 
or real estate appraising or persons knowledgeable in real 
estate values.  The order shall fix the time and place of the 
first meeting of the three commissioners and prescribe their 
compensation.  It At the first meeting at the office of the 
clerk of district court the appointees must be sworn by the 
clerk or an authorized deputy and shall take and sign the 
following oath before assuming their duties as commissioners: 
 (TITLE OF PROCEEDING) 
 _________________________________ each for himself/herself 
does swear under penalty of perjury as follows: 
 I will faithfully and justly perform to the best of my 
ability, all the duties of the office and trust which I now 
assume as commissioner in the above entitled proceeding.  I 
further swear that, except as disclosed in writing or on 
the record, I have no interest in any of the lands in the 
above proceeding or any present or past relationship, 
business or personal, with any of the parties to the above 
proceeding or any other actual or potential conflict of 
interest, and that I will render fair and impartial 
decisions, so help me God. 
The order may, in the discretion of the court, limit the 
title or easement to be acquired by the petitioner by defining 
the rights and privileges which the owner of any of the lands 
may exercise therein in subordination to the public uses to 
which it is appropriated.  In case any of the commissioners fail 
commissioner fails to act or fails to meet the qualifications 
required by this section, the court without further notice may 
appoint another in his or her place.  
    The clerk of court in each county shall post in the 
courthouse in a prominent place a notice that a qualified person 
may apply to have his or her name placed upon a list of 
potential commission appointees for eminent domain proceedings. 
The notice must contain the language of the oath which the 
commissioners are required to take upon appointment and shall 
list the other qualifications set forth in this section.  The 
court shall give due consideration to the names appearing on the 
list, but is not bound to make appointments from the list. 
    Sec. 2.  Minnesota Statutes 1984, section 161.20, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACQUISITION OF PROPERTY; BUILDINGS; RELOCATION 
OF CORNERS; AGREEMENTS WITH RAILROADS; CONTRACTS.] He The 
commissioner is authorized to acquire by purchase, gift, or by 
eminent domain proceedings as provided by law, in fee or such 
lesser estate as he the commissioner deems necessary, all lands 
and properties necessary in laying out, constructing, 
maintaining, and improving the trunk highway system including 
recreational vehicle lanes; to locate, construct, reconstruct, 
improve, and maintain the trunk highway system; to purchase all 
road material, machinery, tools, and supplies necessary for the 
construction, maintenance, and improvement thereof; to construct 
necessary buildings, or rent or acquire by purchase, gift, or 
condemnation, grounds, and buildings necessary for the storing 
and housing of such material, machinery, tools, and supplies or 
necessary for office space for employees or for providing for 
driver license examinations; to maintain, repair, or remodel 
such buildings as may be necessary; to acquire by purchase, 
gift, or condemnation, replacement sites for historically 
significant buildings or structures and to relocate these 
buildings or structures onto those sites, reconstructing and 
maintaining them until disposed of through public sale to the 
highest responsible bidder; to make agreements with any county 
for the relocation or re-establishment, by the county, of 
section, quarter section, or meander corners originally 
established by the United States, when such relocation or 
re-establishment is necessary in order to write land acquisition 
descriptions or by reason of the construction, reconstruction, 
improvement, or maintenance of a trunk highway; to contract on 
an equitable basis with railroad companies for the installation 
and reinstallation of safety devices at trunk highway-railroad 
grade crossings, and for the construction, reconstruction and 
maintenance of bridges and approaches existing or necessary for 
the separation of grades at railroad and trunk highway 
intersections; and in carrying out his duties, to let all 
necessary contracts in the manner prescribed by law.  The 
commissioner may make agreements with and cooperate with any 
governmental authority for the purpose of effectuating the 
provisions of this chapter.  
    Sec. 3.  [161.315] [PROTECTION OF PUBLIC CONTRACTS.] 
    Subdivision 1.  [LEGISLATIVE INTENT.] Recognizing that the 
preservation of the integrity of the public contracting process 
of the department of transportation is vital to the development 
of a balanced and efficient transportation system and a matter 
of interest to the people of the state, the legislature hereby 
determines and declares that: 
    (1) the procedures of the department for bidding and 
awarding department contracts exist to secure the public 
benefits of free and open competition and to secure the quality 
of public works; 
    (2) the opportunity to be awarded department contracts or 
to supply goods or services to the department is a privilege, 
not a right; and 
    (3) the privilege of transacting business with the 
department or local road authority should be denied to persons 
convicted of a contract crime in order to preserve the integrity 
of the public contracting process. 
    Subd. 2.  [DEFINITIONS.] The terms used in this section 
have the meanings given them in this subdivision. 
    (a) "Affiliate" means a predecessor or successor of a 
person under the same or substantially the same control, or a 
group of entities so connected or associated that one entity 
controls or has the power to control each of the other 
entities.  "Affiliate" includes the affiliate's principals.  One 
person's ownership of a controlling interest in another entity 
or a pooling of equipment or income among entities is prima 
facie evidence that one entity is an affiliate of another. 
    (b) "Contract crime" means a violation of state or federal 
antitrust law, fraud, theft, embezzlement, bribery, forgery, 
misrepresentation, making false statements, falsification or 
destruction of records, or other criminal offense in connection 
with obtaining, attempting to obtain, or performing a public or 
private contract or subcontract. 
    (c) "Conviction" has the meaning given it in section 
609.02, subdivision 5. 
    (d) "Debar" means to disqualify from receiving a contract 
or from serving as a subcontractor or material supplier as 
provided by Laws 1984, chapter 654, article 2, section 8. 
    (e) "Person" means a natural person or a business, 
corporation, association, partnership, sole proprietorship, or 
other entity formed to do business as a contractor, 
subcontractor, or material supplier and includes an affiliate of 
a person. 
    (f) "Pooling" means a combination of persons engaged in the 
same business or combined for the purpose of engaging in a 
particular business or commercial venture and who all contribute 
to a common fund or place their holdings of a given stock or 
other security in the hand and control of a managing member or 
committee of the combination. 
    (g) "Suspend" means to temporarily disqualify from 
receiving a contract or from serving as a subcontractor or 
material supplier as provided by Laws 1984, chapter 654, article 
2, section 8. 
    Subd. 3.  [PROHIBITIONS.] Except as provided in subdivision 
4: 
    (1) neither the commissioner nor a county, town, or 
homerule or statutory city may award or approve the award of a 
contract for goods or services to a person who is suspended or 
debarred; 
    (2) neither the commissioner nor a county, town, or 
homerule or statutory city may award or approve the award of a 
contract for goods or services under which a debarred or 
suspended person will serve as a subcontractor or material 
supplier; and 
    (3) a person to whom a contract for goods or services has 
been awarded may not subcontract with or purchase materials or 
services from a debarred or suspended person for performance of 
that contract. 
    Subd. 4.  [EXCEPTIONS.] The commissioner may terminate a 
debarment by order, or the commissioner or a county, town, or 
homerule or statutory city may award a contract to a debarred or 
suspended person when: 
    (1) that person is the sole supplier of a material or 
service required by the commissioner or a county, town, or 
homerule or statutory city; 
    (2) the commissioner determines that an emergency exists as 
defined in section 161.32, subdivision 3; 
    (3) the commissioner of administration determines that an 
emergency exists as defined in section 16B.08, subdivision 6; 
    (4) in the case of a contract to be awarded by a county, 
town, or home rule or statutory city, the governing body thereof 
determines by resolution that an emergency exists that will 
result in a road, street, or bridge being closed to travel; or 
    (5) the contract is for purchasing materials or renting 
equipment for routine road maintenance. 
    Subd. 5.  [DURATION OF DEBARMENT.] A person who has been 
convicted of a contract crime must be debarred for a period of 
not less than one year.  This subdivision applies to contract 
crime violations which occur after June 30, 1985. 
    Subd. 6.  [PREEXISTING CONTRACTS.] The disqualification of 
a contractor or its affiliate does not affect the contractor's 
or its affiliate's obligations under any preexisting contract.  
    Sec. 4.  Minnesota Statutes 1984, section 162.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [MONEY NEEDS DEFINED.] For the purpose of this 
section, money needs of each county are defined as the estimated 
total annual costs of constructing, over a period of 25 years, 
the county state-aid highway system in that county.  Costs 
incidental to construction, or a specified portion thereof as 
set forth in the commissioner's rules and regulations may be 
included in determining money needs.  When a county state-aid 
highway is located over a street in a city having a population 
of 5,000 or more, only the construction costs of the center 24 
feet of the street shall be included in the money needs of that 
county; provided, that when traffic volumes warrant multiple or 
divided lane highways the construction costs of the necessary 
number of 12 foot lanes required for through traffic may be 
included in the money needs.  When a county state-aid highway is 
located over a street in any city of less than 5,000 population, 
the construction costs of the entire width of the roadway or 
street surface shall be included in the money needs of that 
county.  To avoid variances in costs due to differences in 
construction policy, construction costs shall be estimated on 
the basis of the engineering standards developed cooperatively 
by the commissioner and the county engineers of the several 
counties.  Any variance granted pursuant to section 162.02, 
subdivision 3a shall be reflected in the estimated construction 
costs in determining money needs.  
    Sec. 5.  Minnesota Statutes 1984, section 162.07, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPUTATIONS FOR RURAL COUNTIES.] A two-thirds 
of one mill levy on each rural county's total taxable valuation 
for the last preceding calendar year shall be computed and shall 
be subtracted from such county's total estimated construction 
costs.  The result thereof shall be the money needs of such 
county.  For the purpose of this section, rural counties shall 
be construed to mean all counties having a population of less 
than 200,000 175,000.  
    Sec. 6.  Minnesota Statutes 1984, section 162.07, 
subdivision 4, is amended to read: 
    Subd. 4.  [COMPUTATION FOR URBAN COUNTIES.] A four-tenths 
mill levy on each urban county's total taxable valuation for the 
last preceding calendar year shall be computed and shall be 
subtracted from such county's total estimated construction 
costs.  The result thereof shall be the money needs of the 
county.  For the purpose of this section urban counties shall be 
construed to mean all counties having a population of 
200,000 175,000 or more. 
    Sec. 7.  [162.071] [SPECIAL PROVISIONS.] 
    The following provisions apply to county state-aid 
apportionments in calendar years 1986 and 1987 only: 
    (a) In calendar year 1985 for the 1986 apportionment the 
definition of "money needs" includes 50 percent of the 
construction costs beyond the center 24 feet of a county 
state-aid highway located over a street in a city of 5,000 or 
more population. 
    (b) In calendar year 1986 for the 1987 apportionment the 
definition of "money needs" must include 100 percent of the 
construction costs beyond the center 24 feet of a county 
state-aid highway located over a street in a city of 5,000 or 
more population. 
    (c) Notwithstanding paragraphs (a) and (b), the 
commissioner shall make no apportionment of county state-aid 
highway funds for calendar years 1986 and 1987 which would 
result in any county receiving a lesser apportionment of such 
funds than was apportioned to it in calendar year 1985. 
    (d) Notwithstanding paragraphs (a) and (b), the 
apportionment of county state-aid funds for either calendar year 
1986 or 1987 for any county may not exceed the apportionment to 
that county for the previous calendar year, increased by a 
percentage which is the sum of the percentage by which the total 
funds available for apportionment to all counties increased over 
the total funds available for apportionment for the previous 
calendar years, plus five percent.  If the provisions of this 
clause result in more funds being available for distribution to 
all counties than can be distributed under these provisions, the 
commissioner shall apportion the excess funds to the counties in 
proportion to each county's approved money needs as defined in 
section 162.07, subdivision 2. 
    The provisions of this section do not apply to 
apportionments for any year in which the amount of county 
state-aid highway funds available for apportionment to all 
counties is less than the amount which was available for 
apportionment to all counties in calendar year 1985.  
    Sec. 8.  Minnesota Statutes 1984, section 168.013, 
subdivision 1e, is amended to read: 
    Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
trucks and tractors except those in this chapter defined as farm 
trucks, and urban trucks, and on truck-tractor and semitrailer 
combinations except those defined as farm combinations and urban 
combinations and on commercial zone vehicles, the tax based on 
total gross weight shall be graduated according to the Minnesota 
base rate schedule prescribed in this subdivision, but in no 
event less than $120. 

                     Minnesota Base Rate Schedule 
          Scheduled taxes include five percent
          surtax provided for in subdivision 14
          TOTAL GROSS WEIGHT
              IN POUNDS                    TAX
          A       0 -  1,500             $  15
          B   1,501 -  3,000                20
          C   3,001 -  4,500                25
          D   4,501 -  6,000                35
          E   6,001 -  9,000                45
          F   9,001 - 12,000                70
          G  12,001 - 15,000               105
          H  15,001 - 18,000               145
          I  18,001 - 21,000               190
          J  21,001 - 26,000               270
          K  26,001 - 33,000               360
          L  33,001 - 39,000               470
          M  39,001 - 45,000               590
          N  45,001 - 51,000               710
          O  51,001 - 57,000               860
          P  57,001 - 63,000              1010
          Q  63,001 - 69,000              1180
          R  69,001 - 73,280              1320
          S  73,281 - 78,000              1520
          T  78,001 - 81,000              1620
     For each vehicle with a gross weight in excess of 81,000 
pounds an additional tax of $50 is imposed for each ton or 
fraction thereof in excess of 81,000 pounds, subject to 
subdivision 12. 
     Truck-tractors except those herein defined as farm and 
urban truck-tractors and commercial zone vehicles shall be taxed 
in accord with the foregoing gross weight tax schedule on the 
basis of the combined gross weight of the truck-tractor and any 
semitrailer or semitrailers which the applicant proposes to 
combine with the truck-tractor.  In addition, to the gross 
weight tax imposed on the truck-tractor, each semitrailer shall 
be taxed a fee of $10 for a one-year period or $50 for a 
five-year period whichever the applicant elects. 
    Commercial zone trucks include only trucks, truck-tractors, 
and semitrailer combinations which are: 
    (1) used by an authorized local cartage carrier operating 
under a permit issued under section 221.296 and whose gross 
transportation revenue consists of at least 60 percent obtained 
solely from local cartage carriage, and are operated solely 
within an area composed of two contiguous cities of the first 
class and municipalities contiguous thereto as defined by 
section 221.011, subdivision 17; or, 
    (2) operated by an interstate carrier registered under 
section 221.61 or 221.62 27, or by an authorized local cartage 
carrier or other carrier receiving operating authority under 
chapter 221, and operated solely within a zone exempt from 
regulation by the interstate commerce commission pursuant to 
United States Code, title 49, section 10526(b). 
    The license plates issued for commercial zone vehicles 
shall be plainly marked.  A person operating a commercial zone 
vehicle outside the zone or area in which its operation is 
authorized is guilty of a misdemeanor and, in addition to the 
penalty therefor, shall have the registration of the vehicle as 
a commercial zone vehicle revoked by the registrar and shall be 
required to reregister the vehicle at 100 percent of the full 
annual tax prescribed in the Minnesota base rate schedule, and 
no part of this tax shall be refunded during the balance of the 
registration year. 
    On commercial zone trucks the tax shall be based on the 
total gross weight of the vehicle and during the first eight 
years of vehicle life shall be 75 percent of the Minnesota base 
rate schedule.  During the ninth and succeeding years of vehicle 
life the tax shall be 50 percent of the Minnesota base rate 
schedule, except as otherwise provided in this subdivision.  On 
commercial zone trucks, during the ninth and succeeding years of 
vehicle life, the tax shall be: 
      (a) for the 1982 registration year, 35 percent of the tax 
imposed in the Minnesota base rate schedule; 
      (b) for the 1983 registration year, 40 percent of the tax 
imposed in the Minnesota base rate schedule; 
      (c) for the 1984 registration year, 45 percent of the tax 
imposed in the Minnesota base rate schedule; 
      (d) for the 1985 registration year, and each succeeding 
year, 50 percent of the tax imposed in the Minnesota base rate 
schedule. 
      On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those urban trucks and combinations and commercial 
zone vehicles specifically provided for in this subdivision, the 
tax for the first eight years of vehicle life shall be 100 
percent of the tax imposed in the Minnesota base rate schedule, 
and during the ninth and succeeding years of vehicle life, the 
tax shall be 75 percent of the Minnesota base rate prescribed by 
this subdivision, except as otherwise provided in this 
subdivision. 
    On trucks, truck-tractors and semitrailer combinations, 
except those defined as farm trucks and farm combinations, and 
except for those urban trucks and combinations and commercial 
zone vehicles specifically provided for in this subdivision, 
during each of the first eight years of vehicle life the tax 
shall be: 
    (a) for the registration year 1982, 83 percent of the tax 
imposed in the Minnesota base rate schedule; 
    (b) for the registration year 1983, 89 percent of the tax 
imposed in the Minnesota base rate schedule; 
    (c) for the registration year 1984, 95 percent of the tax 
imposed in the Minnesota base rate schedule; 
    (d) for the registration year 1985, and each succeeding 
year, 100 percent of the tax imposed in the Minnesota base rate 
schedule. 
     Sec. 9.  Minnesota Statutes 1984, section 168.013, 
subdivision 3, is amended to read: 
    Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
WEIGHTS FORBIDDEN.] The applicant for all licenses based on 
gross weight shall state in writing upon oath, the unloaded 
weight of the motor vehicle, trailer or semi-trailer and the 
maximum load the applicant proposes to carry thereon, the sum of 
which shall constitute the gross weight upon which the license 
tax shall be paid, but in no case shall the declared gross 
weight upon which the tax is paid be less than 1-1/4 times the 
declared unloaded weight of the motor vehicle, trailer or 
semi-trailer to be registered, except recreational vehicles 
taxed under subdivision 1g, school buses taxed under subdivision 
18 and wreckers defined in section 169.01, subdivision 52.  The 
gross weight of a wrecker is the actual weight of the wrecker 
fully equipped, but does not include the weight of a wrecked or 
disabled vehicle towed or drawn by the wrecker. 
     The gross weight of no motor vehicle, trailer or 
semi-trailer shall exceed the gross weight upon which the 
license tax has been paid by more than four percent or 1000 
pounds, whichever is greater. 
     The gross weight of the motor vehicle, trailer or 
semi-trailer for which the license tax is paid shall be 
indicated by a distinctive character on the license plate or 
plates except as provided in subdivision 12 and the plate or 
plates shall be kept clean and clearly visible at all times. 
     The owner, driver, or user of a motor vehicle, trailer or 
semi-trailer upon conviction for transporting a gross weight in 
excess of the gross weight for which it was registered or for 
operating a vehicle with an axle weight exceeding the maximum 
lawful axle load weight shall be guilty of a misdemeanor and be 
subject to increased registration or re-registration according 
to the following schedule: 
     (1) The owner, driver or user of a motor vehicle, trailer 
or semi-trailer upon conviction for transporting a gross weight 
in excess of the gross weight for which it is registered by more 
than four percent or 1000 pounds, whichever is greater, but less 
than 25 percent or for operating or using a motor vehicle, 
trailer or semi-trailer with an axle weight exceeding the 
maximum lawful axle load as provided in section 169.825 by more 
than four percent or 1000 pounds, whichever is greater, but less 
than 25 percent, in addition to any penalty imposed for the 
misdemeanor shall apply to the registrar to increase the 
authorized gross weight to be carried on the vehicle to a weight 
equal to or greater than the gross weight the owner, driver, or 
user was convicted of carrying, the increase computed for the 
balance of the calendar year on the basis of 1/12 of the annual 
tax for each month remaining in the calendar year beginning with 
the first day of the month in which the violation occurred.  If 
the additional registration tax computed upon that weight, plus 
the tax already paid, amounts to more than the regular tax for 
the maximum gross weight permitted for the vehicle under section 
169.825, that additional amount shall nevertheless be paid into 
the highway fund, but the additional tax thus paid shall not 
permit the vehicle to be operated with a gross weight in excess 
of the maximum legal weight as provided by section 169.825.  
Unless the owner within 30 days after a conviction shall apply 
to increase the authorized weight and pay the additional tax as 
provided in this section, the registrar shall revoke the 
registration on the vehicle and demand the return of the 
registration card and plates issued on that registration. 
    (2) The owner or driver or user of a motor vehicle, trailer 
or semi-trailer upon conviction for transporting a gross weight 
in excess of the gross weight for which the motor vehicle, 
trailer or semi-trailer was registered by 25 percent or more, or 
for operating or using a vehicle or trailer with an axle weight 
exceeding the maximum lawful axle load as provided in section 
169.825 by 25 percent or more, in addition to any penalty 
imposed for the misdemeanor, shall have the reciprocity 
privileges on the vehicle involved if the vehicle is being 
operated under reciprocity cancelled by the registrar, or if the 
vehicle is not being operated under reciprocity, the certificate 
of registration on the vehicle operated shall be cancelled by 
the registrar and the registrar shall demand the return of the 
registration certificate and registration plates.  The registrar 
may not cancel the registration or reciprocity privileges for 
any vehicle found in violation of seasonal load restrictions 
imposed under section 169.87 unless the axle weight exceeds the 
year-round weight limit for the highway on which the violation 
occurred.  The registrar may investigate any allegation of gross 
weight violations and demand that the operator show cause why 
all future operating privileges in the state should not be 
revoked unless the additional tax assessed is paid. 
    (3) When the registration on a motor vehicle, trailer or 
semi-trailer is revoked by the registrar according to provisions 
of this section, the vehicle shall not be operated on the 
highways of the state until it is registered or re-registered, 
as the case may be, and new plates issued, and the registration 
fee shall be the annual tax for the total gross weight of the 
vehicle at the time of violation.  The re-registration pursuant 
to this subdivision of any vehicle operating under reciprocity 
agreements pursuant to section 168.181 or 168.187 shall be at 
the full annual registration fee without regard to the 
percentage of vehicle miles traveled in this state.  
    Sec. 10.  Minnesota Statutes 1984, section 169.833, is 
amended to read: 
    169.833 [ADDITION OF TRUNK HIGHWAYS TO DESIGNATED ROUTE 
SYSTEM; PRIORITY LIST.] 
    Subdivision 1.  [PRIORITY LIST PREPARED.] (a) By December 
31 of each odd-numbered year beginning in 1985, each highway 
district must submit to the commissioner its list of identified 
market arteries and recommended priorities for upgrading.  The 
priority list must be prepared in accordance with this section 
by the district engineer in consultation with county and city 
engineers in the district.  Each district engineer must hold one 
or more public meetings on the list and report to the 
commissioner in detail how the district upgrading priority list 
reflects testimony received in the public meetings. 
    (b) In making its priority list each district must consider 
the priorities of counties, municipalities, regions and 
adjoining districts.  Each district must submit to the 
commissioner a preliminary list of market arteries identified 
for upgrading by September 1, 1985. 
    Subd. 2.  [SELECTION OF MARKET ARTERIES.] The district 
priority list must identify all market arteries and determine 
those in need of upgrading.  Roads considered for identification 
as market arteries must include roads connecting Minnesota with 
border states and provinces, roads connecting interstate 
highways with state trunk highways, and roads connecting trunk 
highways with one another.  In determining the need for 
upgrading market arteries, the district must consider shippers' 
needs, community views, road conditions, regional development 
plans and the plans of adjoining districts.  In identifying 
market arteries and determining the need for upgrading, the 
district must give priority to roads serving communities without 
access to rail service or a year-round, ten-ton route. 
    Subdivision 1 Subd. 3.  [IDENTIFICATION OF PROJECTS.] The 
commissioner shall develop a priority list of trunk highway 
routes to be added to the system of routes designated under 
section 169.832 improvements to upgrade market arteries 
identified in the district priority lists developed under this 
section.  The commissioner shall consult with representatives of 
the trucking, shipping, and agricultural industries and, local 
authorities, and regional development commissions in developing 
the list.  A route shall be added to the designated route system 
after completion of road improvements that provide road strength 
adequate to carry the permissible weights under section 169.825 
or when the commissioner otherwise determines that designation 
of a route is reasonable In developing the list the commissioner 
shall give highest priority to improvements that will eliminate 
prohibitions or restrictions that interrupt year-round full 
service on market arteries. 
    Subd. 2.  [FUNDING OF ADDITIONS TO THE SYSTEM.] On July 1 
of each year the commissioner of finance shall certify to the 
commissioner the estimated increase in revenue to the trunk 
highway fund resulting from the increase in the gasoline and 
special fuel excise tax under section 296.02.  The commissioner 
shall expend 15 percent of the increase in revenue to the trunk 
highway fund resulting from the increase in the gasoline and 
special fuel excise tax under section 296.02 and 15 percent of 
future increases in gasoline and special fuel excise tax 
revenues to the trunk highway fund for the purposes of 
subdivision 1.  In the event that actual expenditures during any 
fiscal year are less or greater than 15 percent when compared to 
actual revenue the commissioner shall adjust his expenditures 
for the purpose of subdivision 1 for the following years in 
order to achieve compliance with this subdivision. 
    Sec. 11.  Minnesota Statutes 1984, section 169.862, is 
amended to read: 
    169.862 [PERMITS FOR WIDE LOADS OF BALED HAY AGRICULTURAL 
PRODUCTS.] 
    The commissioner of transportation with respect to highways 
under the commissioner's jurisdiction, and local authorities 
with respect to highways under their jurisdiction, may issue an 
annual permit to enable a vehicle carrying round baled hay bales 
of agricultural products, with a total outside width of the 
vehicle or the load not exceeding 11-1/2 feet, to be operated on 
public streets and highways.  Permits issued under this section 
are governed by the applicable provisions of section 169.86 
except as otherwise provided herein and, in addition, carry the 
following restrictions:  
    (a) The vehicles may not be operated between sunset and 
sunrise, when visibility is impaired by weather, fog, or other 
conditions rendering persons and vehicles not clearly visible at 
a distance of 500 feet, or on Saturdays, Sundays, and Sunday 
from noon until sunset, or on the days the following holidays 
are observed:  New Year's Day, Memorial Day, Independence Day, 
Labor Day, Thanksgiving Day, and Christmas Day.  
    (b) The vehicles may not be operated on interstate highways.
    (c) The vehicles may not be operated on a trunk highway 
with a pavement less than 24 feet wide.  
    (d) A vehicle operated under the permit must be equipped 
with a retractable or removable mirror on the left side so 
located that it will reflect to the driver a clear view of the 
highway for a distance of at least 200 feet to the rear of the 
vehicle.  Simultaneous flashing amber lights, as provided in 
section 169.59, subdivision 4, must be displayed to the front 
and rear of the vehicle.  The flashing amber lights must be 
lighted only when the width of the load exceeds 102 inches.  The 
flashing amber light system is in addition to and separate from 
the turn signal system and the hazard warning light system.  
    (e) A vehicle operated under the permit must display red, 
orange, or yellow flags, 12 18 inches square, as markers at the 
front and rear and on both sides of the load.  The load must be 
securely bound to the transporting vehicle.  
    The fee for the permit is $24. 
    Sec. 12.  Minnesota Statutes 1984, section 169.871, is 
amended by adding a subdivision to read: 
    Subd. 7.  [SHIPPER'S GOOD FAITH EXCEPTION.] The penalty 
imposed by subdivision 1 shall not be imposed on a shipper who 
in good faith ships goods or tenders goods for shipment in a 
vehicle that does not exceed the maximum gross weight for which 
the truck is licensed under section 168.013, subdivision 1e.  
    For purposes of this section, "good faith" means that (1) 
the vehicle is licensed pursuant to section 168.013, subdivision 
1e, (2) the operator of the vehicle is not under the control of 
the shipper, (3) the operator has requested that the vehicle be 
loaded to the maximum gross weight for which the vehicle is 
licensed, and (4) the road leading from the shipper's immediate 
place of shipment may be legally used for the allowed gross 
weight of the vehicle with its legally maximum load. 
    Sec. 13.  Minnesota Statutes 1984, section 169.872, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RECORD KEEPING.] A person who weighs goods 
before or after unloading or a person who loads or unloads goods 
on the basis of liquid volume measure shall keep a written 
record of the origin, weight and composition of each shipment, 
the date of loading or receipt, the name and address of the 
shipper, the total number of axles on the vehicle or combination 
of vehicles, and the registration number of the power unit or 
some other means of identification by which the shipment was 
transported.  The record shall be retained for 30 days and shall 
be open to inspection and copying by a state law enforcement 
officer or motor transport representative, except state 
conservation officers, upon demand.  No search warrant is 
required to inspect or copy the record.  This subdivision does 
not apply to a person weighing goods who is not involved in the 
shipping, receiving and transporting of those goods, or to a 
person weighing raw and unfinished farm products transported in 
a single unit vehicle with not more than three axles or by a 
trailer towed by a farm tractor when the transportation is the 
first haul of the product.  
    Sec. 14.  Minnesota Statutes 1984, section 174A.06, is 
amended to read: 
    174A.06 [CONTINUATION OF RULES OF PUBLIC SERVICE 
COMMISSION, PUBLIC UTILITIES COMMISSION, AND DEPARTMENT OF 
TRANSPORTATION.] 
    Orders and directives heretofore in force, issued or 
promulgated by the public service commission, public utilities 
commission, or the department of transportation under authority 
of chapters 216A, 218, 219, and 221 remain and continue in force 
and effect until repealed, modified, or superseded by duly 
authorized orders or directives of the transportation regulation 
board.  Rules adopted by the public service commission, public 
utilities commission or the department of transportation under 
authority of the following sections are transferred to the 
transportation regulation board and continue in force and effect 
until repealed, modified, or superseded by duly authorized rules 
of the transportation regulation board:  
    (1) section 218.041 except rules related to the form and 
manner of filing railroad rates, railroad accounting rules, and 
safety rules;  
     (2) section 219.40;  
    (3) rules relating to rates or tariffs, or the granting, 
limiting, or modifying of permits or certificates of convenience 
and necessity under section 221.031, subdivision 1;  
    (4) rules relating to the sale, assignment, pledge, or 
other transfer of a stock interest in a corporation holding 
authority to operate as a permit carrier as prescribed in 
section 221.151, subdivision 1, or a local cartage carrier under 
section 221.296, subdivision 8;  
    (5) rules relating to rates, charges, and practices under 
section 221.161, subdivision 4; and 
    (6) rules relating to rates, tariffs, or the granting, 
limiting, or modifying of permits under sections 221.121, 
221.151, and 221.296 or certificates of convenience and 
necessity under section 221.296, subdivision 2 221.071.  
    The board shall review the transferred rules, orders, and 
directives and, when appropriate, develop and adopt new rules, 
orders, or directives within 18 months of July 1, 1985. 
    Sec. 15.  Minnesota Statutes 1984, section 221.011, 
subdivision 13, is amended to read: 
    Subd. 13.  "Interstate carrier" means any person engaged in 
transporting property or passengers for hire in interstate 
commerce in Minnesota, from or into Minnesota, or between any 
point in the state of Minnesota and the Dominion of Canada. 
    Sec. 16.  Minnesota Statutes 1984, section 221.011, 
subdivision 25, is amended to read: 
    Subd. 25.  "Courier services carrier" means any person who 
offers expedited door-to-door transportation of packages and 
articles less than 100 pounds in weight in vehicles with a 
manufacturer's nominal rating capacity registered gross vehicle 
weight and gross vehicle weight rating not exceeding one ton 
15,000 pounds.  
    Sec. 17.  Minnesota Statutes 1984, section 221.025, is 
amended to read: 
    221.025 [EXEMPTIONS.] 
    Except as provided in sections 221.031 and 221.033, the 
provisions of this chapter do not apply to the transportation 
described below:  
    (a) the transportation of students to or from school or 
school activities in a school bus inspected and certified under 
section 169.451;  
    (b) the transportation of rubbish as defined in section 
443.27;  
    (c) a commuter van as defined in section 221.011, 
subdivision 27;  
    (d) authorized emergency vehicles as defined in section 
169.01, subdivision 5, including ambulances, and tow trucks when 
picking up and transporting disabled or wrecked motor vehicles 
and when carrying proper and legal warning devices;  
    (e) the transportation of grain samples under conditions 
prescribed by the board;  
    (f) the delivery of agricultural lime;  
    (g) the transportation of dirt and sod within an area 
having a 50-mile radius from the home post office of the person 
performing the transportation;  
    (h) a person while exclusively engaged in the 
transportation of sand, gravel, bituminous asphalt mix, concrete 
ready mix, concrete blocks or tile, or crushed rock to or from 
the point of loading or a place of gathering within an area 
having a 50-mile radius from that person's home post office or a 
50-mile radius from the site of construction or maintenance of 
public roads and streets;  
      (i) the transportation of pulpwood, cordwood, mining 
timber, poles, posts, decorator evergreens, wood chips, sawdust, 
shavings, and bark from the place where the products are 
produced to the point where they are to be used or shipped;  
      (j) a person while engaged exclusively in transporting 
fresh vegetables from farms to canneries or viner stations, from 
viner stations to canneries, or from canneries to canneries 
during the harvesting, canning, or packing season, or 
transporting potatoes, sugar beets, wild rice, or rutabagas from 
the field of production to the first place of delivery or 
unloading, including a processing plant, warehouse, or railroad 
siding;  
      (k) a person engaged in transporting property or freight, 
other than household goods and petroleum products in bulk, 
entirely within the corporate limits of a city or between 
contiguous cities except as provided in section 221.296;  
      (l) the transportation of unprocessed dairy products in 
bulk within an area having a 100-mile radius from the home post 
office of the person providing the transportation;  
     (m) a person engaged in transporting agricultural, 
horticultural, dairy, livestock, or other farm products within 
an area having a 25-mile radius from the person's home post 
office.  The carrier may transport other commodities within the 
25-mile radius if the destination of each haul is a farm.  The 
owner of a truck operating under this provision shall imprint 
the owner's name and address in prominent visible letters on the 
outside of the cab of the truck. 
    Sec. 18.  Minnesota Statutes 1984, section 221.031, 
subdivision 2, is amended to read: 
    Subd. 2.  [PRIVATE CARRIERS.] (a) Private carriers 
operating vehicles licensed and registered for a gross weight of 
more than 12,000 pounds, shall comply with rules adopted under 
this section applying to maximum hours of service of drivers, 
safe operation of vehicles, equipment, parts and accessories, 
leasing of vehicles or vehicles and drivers, and inspection, 
repair, and maintenance.  
    (b) In addition to the requirements in paragraph (a), 
private carriers operating vehicles licensed and registered for 
a gross weight in excess of 26,000 pounds shall comply with 
rules adopted under this section relating to driver 
qualifications.  
    (c) The requirements as to driver qualifications and 
maximum hours of service for drivers do not apply to private 
carriers who are (1) public utilities as defined in section 
216B.02, subdivision 4; (2) cooperative electric associations 
organized under chapter 308; (3) telephone companies as defined 
in section 237.01, subdivision 2; or (4) who are engaged in the 
transportation of construction materials, tools and equipment 
from shop to job site or job site to job site, for use by the 
private carrier in the new construction, remodeling, or repair 
of buildings, structures or their appurtenances.  
    (d) The driver qualification rule does and the hours of 
service rules do not apply to vehicles controlled by a farmer 
and operated by a farmer or farm employee to transport 
agricultural products or farm machinery or supplies to or from a 
farm if the vehicle is not used in the operations of a motor 
carrier and not carrying hazardous materials of a type or 
quantity that requires the vehicle to be marked or placarded in 
accordance with section 221.033.  
    Sec. 19.  Minnesota Statutes 1984, section 221.031, 
subdivision 6, is amended to read: 
    Subd. 6.  [VEHICLE IDENTIFICATION RULE.] The following 
carriers shall comply with the vehicle identification rule of 
the commissioner:  
    (1) motor carriers, regardless of the weight of the vehicle;
    (2) private carriers operating vehicles licensed and 
registered for a gross weight of 12,000 pounds or more; and 
    (3) vehicles providing transportation described in section 
221.025 which are licensed and registered for a gross weight of 
12,000 pounds or more except those providing transportation 
described in section 221.025, clauses (a), (c), and (d).  
    The vehicle identification rule of the commissioner may not 
be more stringent than the marking requirements imposed on 
private carriers by the United States department of 
transportation under Code of Federal Regulations, title 49, 
section 397.21, clauses (b) and (c).  
    Vehicles described in clauses (2) and (3) that are operated 
by farmers or farm employees and have four or fewer axles are 
not required to comply with the vehicle identification rule of 
the commissioner. 
    Sec. 20.  Minnesota Statutes 1984, section 221.033, is 
amended to read: 
    221.033 [REGULATION OF HAZARDOUS MATERIALS.] 
    Subdivision 1.  [REQUIREMENTS.] Except as provided in 
subdivisions 2 and 3, no person may transport or have 
transported or shipped within the state of Minnesota a hazardous 
material, hazardous substance, or hazardous waste except in 
compliance with United States Code, title 49, sections 1801 to 
1811 and the provisions of Code of Federal Regulations, title 
49, sections 171 to 199.  
    Subd. 2.  [EXCEPTION.] Farmers or their employees 
transporting diesel fuel, gasoline, agricultural chemicals, or 
agricultural fertilizers for use on the transporter's farm are 
not required to comply with the driver qualification rules of 
the commissioner or with the shipping paper requirements of the 
Code of Federal Regulations, title 49, parts 172.200 and 177.817 
or with part 397.7(B) or 397.9(A) of the Federal Motor Carrier 
Safety Regulations when: 
    (1) transporting diesel fuel or gasoline in motorized tank 
truck vehicles of less than 1,500 gallon capacity owned by the 
transporter, or in tanks securely mounted in other motor 
vehicles with a gross vehicle weight of less than 12,000 pounds 
and owned by the transporter; or 
    (2) transporting agricultural chemicals and agricultural 
fertilizers. 
    Subd. 3.  [VARIANCE, RULES.] The commissioner shall adopt 
rules which provide a procedure for granting a variance from 
those regulations adopted under subdivision 1 which prescribe 
specifications for tank motor vehicles used to transport 
gasoline.  The variance may be granted only to persons who 
transport gasoline in tank motor vehicles with a capacity of 
3,000 gallons or less which were manufactured between 1950 and 
1975 according to American society of mechanical engineers 
specifications in effect at the time of manufacture.  The 
commissioner shall prescribe alternative requirements to assure 
the safety of the tank motor vehicles operated under the 
variance, and shall register each tank motor vehicle operated 
under the variance.  
    Sec. 21.  Minnesota Statutes 1984, section 221.131, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.] 
The commissioner shall issue distinct annual identification cab 
cards for vehicles that provide courier service under a permit 
issued by the board.  A courier service identification cab card 
may not be issued for a vehicle that has a registered gross 
vehicle weight or gross vehicle weight rating in excess of 
15,000 pounds. 
    Sec. 22.  Minnesota Statutes 1984, section 221.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FILING; HEARING UPON BOARD INITIATIVE.] 
Every permit carrier, including a livestock carrier but not 
including a local cartage carrier, shall file and maintain with 
the commissioner a schedule of tariff showing rates and charges 
for the transportation of persons or property.  The filing with 
and acceptance by the commissioner of these tariffs, in 
accordance with the rules relating to the schedules tariffs, 
constitutes notice to the public and interested parties of the 
contents of the tariffs.  Schedules Tariffs must be prepared and 
filed in accordance with the rules and regulations of the 
commissioner.  The commissioner shall not accept for filing 
schedules tariffs which are unjust and unreasonable or unjustly 
discriminatory or unduly preferential or prejudicial or 
otherwise in violation of the provisions of this section.  If 
the schedules tariffs appear to be unjust or unreasonable or 
unjustly discriminatory or unduly preferential or prejudicial or 
otherwise in violation of this section, the board after 
notification and investigation by the department may suspend and 
postpone the effective date of the schedules tariffs and assign 
the schedules tariffs for hearing upon notice to the permit 
carrier filing the proposed schedules tariffs and to other 
interested parties, including users of the service and 
competitive carriers by motor vehicle and rail.  At the hearing, 
the burden of proof is on the permit carrier filing the proposed 
schedule of rates and charges tariff to sustain the validity of 
the proposed schedule of rates and charges.  Schedules of rates 
and charges Tariffs for the transportation of livestock are not 
subject to rejection, suspension, or postponement by the board, 
except as provided in subdivisions 2 and 3.  The tariffs and 
subsequent supplements to them or reissues of them must state 
the effective date, which may not be less than ten days 
following the date of filing, unless the period of time is 
reduced by special permission of the board commissioner. 
    Sec. 23.  Minnesota Statutes 1984, section 221.185, 
subdivision 4, is amended to read: 
    Subd. 4.  [FAILURE TO COMPLY.] Except as provided in 
subdivision 5a, failure to comply with the requirements of 
sections 221.141 and 221.296 relating to bonds and insurance, 
221.131 relating to permit renewal, 221.071, 221.131, or 221.296 
relating to annual vehicle registration or permit renewal, or to 
request a hearing within 45 days of the date of suspension, is 
deemed an abandonment of the motor carrier's permit or 
certificate and the permit or certificate must be canceled by 
the commissioner.  
    Sec. 24.  Minnesota Statutes 1984, section 221.185, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [REINSTATEMENT AFTER CANCELLATION.] A motor 
carrier whose permit or certificate is canceled for failure to 
comply with sections 221.141 and 221.296 relating to bonds and 
insurance may ask the board to review the cancellation.  Upon 
review, the board shall rescind the cancellation if:  (1) the 
motor carrier presents evidence showing that before the 
effective date of the notice of cancellation issued under 
section 221.185, subdivision 5, the motor carrier had obtained 
and paid for the insurance required by sections 221.141 and 
221.296, and the rules of the commissioner, and (2) the 
commissioner informs the board that the motor carrier has 
complied with the requirements of sections 221.141 and 221.296 
and the rules of the commissioner. 
    Sec. 25.  Minnesota Statutes 1984, section 221.231, is 
amended to read: 
    221.231 [RECIPROCAL AGREEMENTS.] 
    The commissioner may enter into reciprocal agreements with 
the regulatory bodies of other states and the provinces of the 
Dominion of Canada, whereby the payment of the vehicle fee fees 
provided in section 221.131 hereof 27 may be waived in whole or 
in part as to residents of or corporations or partnerships for 
motor carriers having an established place of business in 
the that state or province, entering into the reciprocal 
agreement with the commissioner,; provided that reciprocal 
privileges are extended under such the agreement to residents 
motor carriers of this state and to corporations or partnerships 
who have an established place of business in this state. 
    Sec. 26.  Minnesota Statutes 1984, section 221.291, 
subdivision 1, is amended to read: 
    Subdivision 1.  [VIOLATION.] Except as provided in 
subdivisions 3 and 4, a person who commits, procures, aids or 
abets or conspires to commit, or attempts to commit, aid or abet 
in the violation of a provision of this chapter or a valid order 
or rule of the commissioner or board issued hereunder, whether 
individually or in connection with one or other more persons or 
as principal, agent, or accessory, shall be guilty of a 
misdemeanor, and every person who falsely, fraudulently, 
forcibly, or willfully induces, causes, coerces, requires, 
permits, or directs another to violate a provision of this 
chapter, is likewise guilty of a misdemeanor.  Every distinct 
violation is a separate offense. 
    Sec. 27.  [221.60] [REGISTRATION OF INTERSTATE CARRIERS.] 
    Subdivision 1.  [PROCEDURE.] A motor carrier may transport 
persons or property for hire in interstate commerce in Minnesota 
only if it first: 
    (1) complies with section 221.141; 
    (2) either registers with the commissioner the Interstate 
Commerce Commission operating authority that it intends to 
exercise, or registers and describes the transportation it 
performs under an exemption contained in the Interstate Commerce 
Act, United States Code, title 49; and 
    (3) purchases an interstate identification stamp or an 
interstate registration trip permit for each vehicle to be used 
in interstate transportation in Minnesota. 
    Subd. 2.  [FORM AND FEES.] A motor carrier engaged in 
interstate commerce shall register its interstate transportation 
authority or exemption before February 1 of each year on a form 
prescribed by the commissioner.  The fee for the initial 
registration is $25.  The fee for each identification stamp is 
$5; however, a lesser fee may be collected pursuant to a 
reciprocal agreement authorized by section 28.  No fee may be 
collected from a local cartage carrier that provides interstate 
transportation only within the zone described in United States 
Code, title 49, section 10526(b)(1)(1984).  A local cartage 
carrier shall register its interstate transportation each year 
when it pays the local cartage carrier permit or annual renewal 
fee. 
    Subd. 3.  [FAILURE TO REGISTER.] Failure to register for 
three consecutive years cancels the carrier's registration.  The 
commissioner must give 30 days notice of the cancellation to the 
carrier at the carrier's last known address. 
    Subd. 4.  [CAB CARD.] A carrier required to register under 
this section shall obtain the National Association of Regulatory 
Utility Commissioners cab card described in Code of Federal 
Regulations, title 49, section 1023.36, and affix the stamp to 
the cab card.  A cab card bearing a current Minnesota interstate 
identification stamp must be carried in the cab of a vehicle 
operated for hire in interstate commerce in Minnesota. 
    Subd. 5.  [TEMPORARY INTERSTATE REGISTRATION.] An 
interstate registration trip permit valid for ten days from the 
date of issue may be issued to a motor carrier engaged in 
interstate commerce that: 
    (1) complies with section 221.141; 
    (2) either registers its interstate operating authority or 
registers and describes the transportation it performs under an 
exemption contained in the Interstate Commerce Act, United 
States Code, title 49; and 
    (3) pays a state fee of $5 for each permit. 
    Subd. 6.  [TRANSFER OF AUTHORIZATION DOCUMENT.] A motor 
carrier engaged in interstate commerce may not transfer or sell 
or allow another carrier to use its interstate identification 
stamp, its interstate registration trip permit, or its cab 
card.  However, a cab card and identification stamp may be 
transferred to a leased vehicle operated under the authority of 
the motor carrier to whom the cab card and identification stamp 
were issued. 
    Sec. 28.  Minnesota Statutes 1984, section 221.65, is 
amended to read: 
    221.65 [RECIPROCAL AGREEMENTS.] 
    Nothing in sections 221.61 to 221.68 this chapter shall be 
construed to impair the authority of the commissioner to enter 
into reciprocal agreements with the regulatory bodies of other 
states and the provinces of the Dominion of Canada, as provided 
in section 221.231. 
    For the purposes of section 221.231, the commissioner shall 
be deemed to be the successor of the department of public 
service.  The commissioner may exercise any power, duty or 
function heretofore conferred by law or agreement upon the 
department of public service to the extent necessary to preserve 
any reciprocal agreement heretofore concluded under the 
provisions of section 221.231.  Nothing in this section shall be 
construed to prevent the negotiation of new or replacement 
agreements as conditions and circumstances may warrant. 
    Sec. 29.  Minnesota Statutes 1984, section 221.67, is 
amended to read: 
    221.67 [SERVICE OF PROCESS.] 
    The use of any of the public highways of this state for the 
transportation of persons or property for compensation by a 
motor carrier in interstate commerce shall be deemed an 
irrevocable appointment by the carrier of the secretary of state 
to be his true and lawful attorney upon whom may be served all 
legal process in any action or proceeding brought under section 
221.66 this chapter against him or his executor, administrator, 
personal representative, heirs, successors or assigns.  This use 
is a signification of agreement by the interstate motor carrier 
that any process in any action against him or his executor, 
administrator, personal representative, heirs, successors, or 
assigns which is so served shall be of the same legal force and 
validity as if served upon him personally.  Service shall be 
made by serving a copy thereof upon the secretary of state or by 
filing a copy in his office, together with payment of a fee of 
$15, and the service shall be sufficient service upon the absent 
motor carrier if notice of the service and a copy of the process 
are within ten days thereafter sent by mail by the plaintiff to 
the defendant at his last known address and the plaintiff's 
affidavit of compliance with the provisions of this section and 
sections 221.61 to 27, 221.65, and 221.68 is attached to the 
summons. 
    Sec. 30.  Minnesota Statutes 1984, section 221.68, is 
amended to read: 
    221.68 [VIOLATIONS; PENALTIES.] 
    Any person who violates or procures, aids, or abets 
violation of, or fails to comply with, the provisions of 
sections 221.61 to 221.68 27 to 29 or any valid order or rule of 
the commissioner or board issued hereunder shall be guilty of a 
misdemeanor; and, additionally, shall be subject to a penalty of 
$50 for each and every day of such failure to so comply, to be 
recovered for the state in a civil action.  Each distinct 
violation shall be a separate offense. 
    Sec. 31.  Minnesota Statutes 1984, section 221.81, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the terms used in this section have the meanings given 
them in this subdivision.  
    (a) "Building mover" means a person, corporation, or other 
entity who raises, supports off the foundation, and moves 
buildings on and over public streets and highways.  Building 
mover does not include a person who moves manufactured homes or 
modular homes, farmers moving their own farm buildings, or 
persons moving buildings which are less than 16 feet wide by 20 
feet long.  
    (b) "Political subdivision" means a city, town, or county.  
    (c) "Road authority" has the meaning given it in section 
160.02, subdivision 9.  
    Sec. 32.  Minnesota Statutes 1984, section 505.18, is 
amended to read: 
    505.18 [MINNESOTA COORDINATE SYSTEM.] 
    The system of plane coordinates which has been established 
by the National Ocean Survey/National Geodetic Survey, formerly 
the United States Coast and Geodetic Survey or its successors, 
for defining and stating the geographic positions or locations 
of points on the surface of the earth within the state of 
Minnesota is hereafter to be known and designated as the 
"Minnesota Coordinate System of 1927 and the Minnesota 
Coordinate System of 1983." 
    For the purpose of the use of this system the state is 
divided into a "North Zone," a "Central Zone," and a "South 
Zone." 
    The area now included in the following counties shall 
constitute the North Zone:  Beltrami, Clearwater, Cook, Itasca, 
Kittson, Koochiching, Lake, Lake of the Woods, Mahnomen, 
Marshall, Norman, Pennington, Polk, Red Lake, Roseau, and Saint 
Louis. 
    The area now included in the following counties shall 
constitute the Central Zone:  Aitkin, Becker, Benton, Carlton, 
Cass, Chisago, Clay, Crow Wing, Douglas, Grant, Hubbard, Isanti, 
Kanabec, Mille Lacs, Morrison, Otter Tail, Pine, Pope, Stearns, 
Stevens, Todd, Traverse, Wadena, and Wilkin. 
    The area now included in the following counties shall 
constitute the South Zone:  Anoka, Big Stone, Blue Earth, Brown, 
Carver, Chippewa, Cottonwood, Dakota, Dodge, Faribault, 
Fillmore, Freeborn, Goodhue, Hennepin, Houston, Jackson, 
Kandiyohi, Lac qui Parle, Le Sueur, Lincoln, Lyon, McLeod, 
Martin, Meeker, Mower, Murray, Nicollet, Nobles, Olmsted, 
Pipestone, Ramsey, Redwood, Renville, Rice, Rock, Scott, 
Sherburne, Sibley, Steele, Swift, Wabasha, Waseca, Washington, 
Watonwan, Winona, Wright, and Yellow Medicine.  
    Sec. 33.  Minnesota Statutes 1984, section 505.19, is 
amended to read: 
    505.19 [ZONES; LAND DESCRIPTIONS.] 
    As established for use in the North Zone, the Minnesota 
Coordinate System of 1927 or the Minnesota Coordinate System of 
1983 shall be named, and in any land description in which it is 
used it shall be designated, the "Minnesota Coordinate System of 
1927, North Zone or the Minnesota Coordinate System of 1983, 
North Zone."  
    As established for use in the Central Zone, the Minnesota 
Coordinate System of 1927 or the Minnesota Coordinate System of 
1983 shall be named, and in any land description in which it is 
used it shall be designated, the "Minnesota Coordinate System of 
1927, Central Zone or the Minnesota Coordinate System of 1983, 
Central Zone."  
    As established for use in the South Zone, the Minnesota 
Coordinate System of 1927 or the Minnesota Coordinate System of 
1983 shall be named, and in any land description in which it is 
used it shall be designated, the "Minnesota Coordinate System of 
1927, South Zone or the Minnesota Coordinate System of 1983, 
South Zone."  
    Sec. 34.  Minnesota Statutes 1984, section 505.20, is 
amended to read: 
    505.20 [X- AND Y-COORDINATES.] 
    The plane coordinates of coordinate values for a point on 
the earth's surface, to be used in expressing to express the 
geographic position or location of such point in the appropriate 
zone of this system, shall consist of two distances, expressed 
in U.S. Survey feet and decimals of a foot when using the 
Minnesota Coordinate System of 1927 and expressed in meters and 
decimals of a meter when using the Minnesota Coordinate System 
of 1983.  One of these distances, to be known as the 
"x-coordinate," shall give the position in an east-and-west 
direction; the other, to be known as the "y-coordinate," shall 
give the position in a north-and-south direction.  These 
coordinates shall be made to depend upon and conform to the 
coordinates, on the Minnesota Coordinate System, of the 
triangulation and traverse stations of the United States Coast 
and Geodetic Survey within the state of Minnesota, as those 
coordinates have been determined by the said Survey plane 
rectangular coordinate values for the monumented horizontal 
control stations of the North American Horizontal Geodetic 
Control Network as published by the National Ocean 
Survey/National Geodetic Survey (NOS/NGS) or its successors and 
whose plane coordinates have been computed on the systems 
defined in this chapter.  The station may be used for 
establishing a survey connection to either Minnesota Coordinate 
System, 1927 or 1983. 
    Sec. 35.  Minnesota Statutes 1984, section 505.22, is 
amended to read: 
    505.22 [DEFINITION OF MINNESOTA COORDINATE SYSTEM SYSTEMS 
DEFINED.] 
    (a) For purposes of more precisely defining the Minnesota 
Coordinate System of 1927, the following definition by 
the United States Coast and National Ocean Survey/National 
Geodetic Survey is adopted: 
    The Minnesota Coordinate System of 1927, North Zone, is a 
Lambert conformal conic projection of the Clarke spheroid of 
1866, having standard parallels at north latitudes 47 degrees 02 
minutes and 48 degrees 38 minutes, along which parallels the 
scale shall be exact.  The origin of coordinates is at the 
intersection of the meridian 93 degrees 06 minutes west of 
Greenwich and the parallel 46 degrees 30 minutes north latitude. 
This origin is given the coordinates:  x equals 2,000,000 feet 
and y equals 0 feet.  
    The Minnesota Coordinate System of 1927, Central Zone, is a 
Lambert conformal conic projection of the Clarke spheroid of 
1866, having standard parallels at north latitudes 45 degrees 37 
minutes and 47 degrees 03 minutes, along which parallels the 
scale shall be exact.  The origin of coordinates is at the 
intersection of the meridian 94 degrees 15 minutes west of 
Greenwich and the parallel 45 degrees 00 minutes north latitude. 
This origin is given the coordinates:  x equals 2,000,000 feet 
and y equals 0 feet.  
    The Minnesota Coordinate System of 1927, South Zone, is a 
Lambert conformal conic projection of the Clarke spheroid of 
1866, having standard parallels at north latitudes 43 degrees 47 
minutes and 45 degrees 13 minutes, along which parallels the 
scale shall be exact.  The origin of coordinates is at the 
intersection of the meridian 94 degrees 00 minutes west of 
Greenwich with the parallel 43 degrees 00 minutes north 
latitude, such origin being given the coordinates:  x equals 
2,000,000 feet and y equals 0 feet.  
    (b) The position of the Minnesota Coordinate System shall 
be as marked on the ground by triangulation or traverse stations 
established in conformity with standards adopted by the United 
States Coast and Geodetic Survey for first-order and 
second-order work, whose geodetic positions have been rigidly 
adjusted on the North American datum of 1927, and whose 
coordinates have been computed on the system herein defined. Any 
such station may be used for establishing a survey connection 
with the Minnesota Coordinate System For purposes of more 
precisely defining the Minnesota Coordinate System of 1983, the 
following definition by the National Ocean Survey/National 
Geodetic Survey is adopted: 
    The Minnesota Coordinate System of 1983, North Zone, is a 
Lambert conformal conic projection of the North American 
Geocentric Datum of 1983, having standard parallels at north 
latitudes 47 degrees 02 minutes and 48 degrees 38 minutes, along 
which parallels the scale shall be exact.  The origin of 
coordinates is at the intersection of the meridian 93 degrees 06 
minutes west of Greenwich with the parallel 46 degrees 30 
minutes north latitude.  This origin is given the coordinates:  
x equals 800,000 meters and y equals 100,000 meters. 
    The Minnesota Coordinate System of 1983, Central Zone, is a 
Lambert conformal conic projection of the North American 
Geocentric Datum of 1983, having standard parallels at north 
latitudes 45 degrees 37 minutes and 47 degrees 03 minutes, along 
which parallels the scale shall be exact.  The origin of 
coordinates is at the intersection of the meridian 94 degrees 15 
minutes west of Greenwich with the parallel 45 degrees 00 
minutes north latitude.  This origin is given the coordinates:  
x equals 800,000 meters and y equals 100,000 meters.  
    The Minnesota Coordinate System of 1983, South Zone, is a 
Lambert conformal conic projection of the North American 
Geocentric Datum of 1983, having standard parallels at North 
latitudes 43 degrees 47 minutes and 45 degrees 13 minutes, along 
which parallels the scale shall be exact.  The origin of 
coordinates is at the intersection of the meridian 94 degrees 00 
minutes west of Greenwich with the parallel 43 degrees 00 
minutes north latitude.  This origin is given the coordinates:  
x equals 800,000 meters and y equals 100,000 meters. 
    Sec. 36.  Minnesota Statutes 1984, section 505.23, is 
amended to read: 
    505.23 [WHERE COORDINATES RECORDED.] 
    No coordinates based on the Minnesota Coordinate System, 
purporting to define the position of a point on a land boundary, 
shall be presented to be recorded in any public land records or 
deed records unless such point is within one-half mile of a 
triangulation or traverse horizontal control station established 
in conformity with the standards prescribed in section 505.25 
505.20; provided that said one-half mile limitation may be 
modified by a duly authorized state agency to meet local 
conditions.  
    Sec. 37.  Minnesota Statutes 1984, section 505.24, is 
amended to read: 
    505.24 [LIMITATION OF USE.] 
    The use of the term "Minnesota Coordinate System of 1927, 
North, Central, or South Zone or Minnesota Coordinate System of 
1983, North, Central, or South Zone" on any map, report of 
survey, or other document, shall be limited to coordinates based 
on the Minnesota Coordinate System as defined in this chapter.  
    Sec. 38.  [505.28] [LAST USE OF 1927 COORDINATE SYSTEM.] 
    The Minnesota Coordinate System of 1927 must not be used 
after December 31, 1992.  The Minnesota Coordinate System of 
1983 is the sole coordinate system that may be used after that 
date.  
    Sec. 39.  Laws 1979, chapter 280, section 2, as amended by 
Laws 1982, chapter 617, section 25, is amended to read:  
    Sec. 2.  [APPROPRIATION.] Subdivision 1.  $52,000,000, or 
so much thereof as is determined to be needed, is appropriated 
from the Minnesota state transportation fund to the department 
of transportation to be expended for disbursement in the form of 
grants by the commissioner of transportation for construction 
and reconstruction of key bridges on the state transportation 
system and shall be allocated pursuant to subdivisions 2 and 3.  
The appropriation shall not lapse, but shall remain available 
until expended.  
    Subd. 2.  $50,000,000 or so much thereof as is needed, is 
available for expenditure at a rate not exceeding $12,500,000 
per fiscal year for grants to political subdivisions for 
construction and reconstruction of key bridges on highways, 
streets and roads under their jurisdiction.  The grants shall 
not exceed the following aggregate amounts:  
    (1) To counties....$8,500,000 $11,500,000 
    (2) To home rule charter and statutory 
cities....$1,000,000 $1,500,000 
    (3) To towns....$21,000,000 
    Additional grants may be made in an aggregate amount not to 
exceed $19,500,000 $16,500,000 to the political subdivisions to 
match federal-aid grants for construction and reconstruction of 
key bridges under their jurisdiction.  Appropriations made in 
subdivisions 1, 2, or 3 may also be used for the following 
purposes:  
    (1) The costs of abandoning an existing bridge that is 
deficient and is in need of replacement, but where no 
replacement will be made.  
    (2) The costs of constructing a road or street that would 
facilitate the abandonment of an existing bridge determined to 
be deficient.  The construction of the road or street must be 
judged to be more cost efficent than the reconstruction or 
replacement of the existing bridge. 
    Subd. 3.  An additional amount not to exceed 
$2,000,000 $1,500,000 is available for grants for preliminary 
engineering and environmental studies pursuant to section 3. 
    Sec. 40.  [SPECIAL PERMIT.] 
    Subdivision 1.  [PERMIT TO BE ISSUED.] Notwithstanding any 
law to the contrary the commissioner of transportation shall 
issue one special permit authorizing the operation for testing 
purposes of a three vehicle combination consisting of a motor 
vehicle, a "motorized hitch" and a trailer.  The permit is valid 
for one year from the date of issuance.  The annual fee for the 
permit is $30.  The permit is subject to all applicable 
provisions of Minnesota Statutes 1984, section 169.86, except as 
otherwise provided in this subdivision.  The holder of the 
permit is responsible for all liability for personal injury, 
property damage or time lost, which may occur as a result of the 
operation of the combination for which the permit is issued, and 
must, if a claim is made against the state or a department, 
division officer or employee thereof arising from such 
operation, defend, indemnify and hold them harmless. 
    Subd. 2.  [REPEALER.] This section is repealed July 31, 
1986. 
    Sec. 41.  [161.1231] [PARKING FACILITIES FOR I-394.] 
    Subdivision 1.  [AUTHORITY TO CONSTRUCT.] Notwithstanding 
section 161.123 or any other law, the commissioner may acquire 
land by purchase, gift, or eminent domain for parking facilities 
described in this section and may construct, operate, repair, 
and maintain parking facilities primarily to serve vehicles 
traveling the route in the interstate highway system described 
in section 161.123, clause (2), also known as I-394.  Other 
vehicles may use the parking facilities when space is available. 
    Subd. 2.  [RULES AND PROCEDURES.] The commissioner shall 
adopt rules and establish procedures for the operation and use 
of the parking facilities.  The rules are exempt from the 
requirements of chapter 14.  A copy of the rules that regulate 
use of the facilities by drivers must be posted in each parking 
facility.  The rules must: 
    (1) establish incentives, which must include preferential 
parking locations, to encourage drivers of vehicles that travel 
I-394 and that are occupied by two or more persons to use the 
facilities; 
    (2) define peak travel hours and provide that during peak 
travel hours single-occupant vehicles be charged a surcharge to 
bring the parking fee for those vehicles to approximately the 
same level as parking fees charged in the private parking ramps 
located in Minneapolis; 
    (3) provide preferential parking locations for vehicles 
licensed and operated under section 168.021; 
     (4) establish application, permit, and use requirements; 
and 
    (5) provide for removal and impoundment of vehicles and 
assessment of a service fee on vehicles parked in violation of 
this section and the rules adopted under it. 
    Subd. 3.  [FEDERAL AID.] The commissioner may cooperate 
with the federal government or any agency of the federal 
government and may comply with the law of the United States and 
regulations adopted under those laws so that federal money 
available for construction of parking ramps described in the 
Surface Transportation Assistance Act of 1982, section 127, may 
be obtained. 
    Subd. 4.  [AGREEMENTS; LEASES.] (a) The commissioner may 
make agreements with or may lease the parking facilities to the 
city of Minneapolis or to a private party.  The agreement or 
lease may allow the city of Minneapolis or private party to 
operate the facilities according to the commissioner's rules and 
procedures and to collect the fees established by the 
commissioner.  The commissioner shall require a private operator 
to obtain liability insurance in an amount prescribed by the 
commissioner to insure the operator and the state against all 
claims occurring because of the existence of the agreement or 
lease.  The agreement may provide for reasonable compensation. 
    (b) The commissioner may negotiate the agreement or lease 
without requiring competitive bids.  The terms of an agreement 
or lease must be approved by the federal agency that grants 
money for the construction of the facilities. 
    Subd. 5.  [FEES.] The commissioner shall establish and 
collect fees for use of the parking facilities.  The fees must 
be established and adjusted in compliance with United States 
Code, title 23, section 137, and are not subject to Minnesota 
Statutes, chapter 14, including section 14.38, subdivisions 5 to 
9, or section 16A.128. 
     Subd. 6.  [ENFORCEMENT.] This section must be enforced in 
the same manner as parking ordinances or laws are enforced in 
Minneapolis.  The commissioner may revoke the permit or refuse 
to issue a permit to a person who repeatedly violates 
subdivision 7 or the rules of the commissioner. 
     Subd. 7.  [PROHIBITION.] A person may not park a motor 
vehicle in a parking facility described in subdivision 1 except 
in compliance with subdivision 5 and the rules of the 
commissioner adopted under subdivision 2.  Violation of this 
subdivision is a misdemeanor. 
    Subd. 8.  [SPECIAL ACCOUNT.] Fees collected by the 
commissioner under this section must be deposited in the state 
treasury and credited to a special account.  Money in the 
account is appropriated to the commissioner to operate, repair, 
and maintain the parking facilities and the high occupancy 
vehicle lanes on I-394. 
    Subd. 9.  [LOAN BY MINNEAPOLIS.] Notwithstanding the 
provisions of any statute or home rule charter to the contrary, 
the city of Minneapolis may incur indebtedness and may issue and 
sell bonds and other obligations pledging the full faith and 
credit of the city to its payment for the purpose of loaning and 
may loan money to the commissioner for deposit in the state 
treasury to the credit of the trunk highway fund in an amount 
sufficient for the construction of parking facilities described 
in subdivision 1 without submitting the question of the issuance 
of the bonds to the electors.  Except as provided in this 
subdivision, the bonds shall be issued and sold according to the 
provisions of chapter 475.  When funds are received by the state 
from federal aid allotted to the construction of the parking 
facilities described in subdivision 1, the commissioner must pay 
those funds to the city from the trunk highway fund together 
with any interest or inflation adjustment thereon which is 
included in the federal aid. 
    Subd. 10.  [LOCAL APPROVAL.] Subdivisions 1 to 8 are 
effective the day following final enactment.  Subdivision 9 is 
effective the day after compliance with Minnesota Statutes, 
section 645.021, subdivision 3, by the governing body of the 
city of Minneapolis. 
    Sec. 42.  [STUDY.] 
    The transportation committees of the senate and of the 
house of representatives, the subcommittee on agriculture, 
transportation and semi-state agencies of the senate finance 
committee and the division on agriculture, transportation and 
semi-state agencies of the house of representatives 
appropriations committee, shall jointly study:  
    (1) appropriate sizes and weights of vehicles and 
combinations on streets and highways in the state;  
    (2) the economic effects of current and proposed limits on 
sizes and weights; and 
    (3) the expenditure and revenue implications of current and 
proposed limits on sizes and weights. 
    The study shall utilize existing staff of the committees 
conducting the study.  The committees shall jointly report to 
the legislature on the results of the study by January 15, 1986. 
    Sec. 43.  [REPEALER.] 
    Minnesota Statutes 1984, sections 221.296, subdivision 2; 
221.61; 221.62; 221.63; 221.64; and 221.66, are repealed.  
Section 7 is repealed January 1, 1988.  
    Sec. 44.  [EFFECTIVE DATE.] 
    Sections 1, 2, 8, 9, 12, 13, 14, 17, 18, 19, 20, 23, 24, 
25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 
and 42 are effective the day following final enactment.  Section 
3 is effective June 1, 1985.  Section 4 is effective January 1, 
1988.  Sections 5, 6, and 7 are effective January 1, 1986. 
    Approved June 5, 1985

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569