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

CHAPTER 350--H.F.No. 3800

An act

relating to transportation; modifying or adding provisions relating to highways, motor vehicles, vehicle registration, traffic regulations and surcharges, commercial vehicles and vehicle combinations and permits, pupil transportation and school bus drivers, drivers' licenses, driver training, motor fuels, the State Patrol, transit and paratransit planning, the transfer of right-of-way to state rail bank, nonmotorized transportation, transportation finance, and other transportation-related programs or practices; requiring studies and reports; imposing penalties; appropriating money;

amending Minnesota Statutes 2006, sections 86B.825, subdivision 5; 161.14, by adding a subdivision; 162.02, by adding a subdivision; 163.051, subdivision 1; 168.011, subdivisions 7, 22; 168.012, subdivision 1, by adding a subdivision; 168.013, by adding a subdivision; 168.021, subdivisions 1, 2; 168.09, subdivision 7; 168.185; 168.28; 168A.01, subdivision 21; 168A.03, subdivision 1; 168A.05, subdivision 9; 168B.051, subdivision 2; 168B.06, subdivisions 1, 3; 168B.07, by adding subdivisions; 168B.08, subdivision 1; 169.01, subdivisions 55, 76, by adding subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 169.21, by adding a subdivision; 169.224; 169.435; 169.446, subdivision 2; 169.67, subdivision 3; 169.781, subdivisions 1, 2, 5; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 169.85, subdivision 1; 169.86, subdivision 8, as added; 169.99, by adding a subdivision; 171.01, subdivisions 35, 46; 171.03; 171.055, subdivision 2; 171.0701; 171.13, subdivision 1, by adding subdivisions; 171.165, subdivision 2; 171.321, subdivision 1; 174.03, subdivision 1, by adding a subdivision; 174.24, by adding a subdivision; 219.51; 221.011, by adding a subdivision; 221.031, subdivision 1; 221.036, subdivisions 1, 3; 221.121, subdivisions 1, 6a; 221.151, subdivision 1; 221.221, subdivision 2; 222.50, subdivision 7; 239.791, subdivision 10, by adding a subdivision; 299D.03, subdivision 1; 299D.06; 465.74, by adding a subdivision; 473.13, subdivision 1a; 473.399, by adding a subdivision; 609.85, subdivision 6; Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2; Laws 1976, chapter 199, section 14, subdivision 1, as amended; proposing coding for new law in Minnesota Statutes, chapters 168; 169; 171; 174; 219; repealing Minnesota Statutes 2006, sections 168.123, subdivision 2a; 168B.087, subdivision 2; 169.145; 169.446, subdivision 3; 221.121, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2006, section 86B.825, subdivision 5, is amended to read:

Subd. 5.

No legal title without certificate.

A person acquiring a watercraftnew text begin , required to have a certificate of title under this section,new text end through a sale or gift does not acquire a right, title, claim, or interest in the watercraft until the person has been issued a certificate of title to the watercraft or has received a manufacturer's or importer's certificate. A waiver or estoppel does not operate in favor of that person against another person who has obtained possession of the certificate of title or manufacturer's or importer's certificate for the watercraft for valuable consideration.

Sec. 2.

Minnesota Statutes 2006, section 161.14, is amended by adding a subdivision to read:

new text begin Subd. 61. new text end

new text begin Mayor William "Bill" Sandberg Memorial Bridge. new text end

new text begin The bridge over Margaret Street on marked Trunk Highway 36 in North St. Paul is designated the "Mayor William "Bill" Sandberg Memorial Bridge." The commissioner of transportation shall adopt a suitable design to mark this highway and erect appropriate signs, subject to section 161.139. new text end

Sec. 3.

Minnesota Statutes 2006, section 162.02, is amended by adding a subdivision to read:

new text begin Subd. 3b. new text end

new text begin Insurance standards. new text end

new text begin When reviewing data and information for the development of safety improvements for trunk highways and state-aid projects, the commissioner of transportation may consider, among other things, the Insurance Institute for Highway Safety's findings in addition to standards contained in Department of Transportation manuals, American Association of State Highway and Transportation Officials manual on design of highways and streets, and other applicable federal publications. new text end

Sec. 4.

Minnesota Statutes 2006, section 163.051, subdivision 1, is amended to read:

Subdivision 1.

Tax authorized.

new text begin (a) Except as provided in paragraph (b), new text end the board of commissioners of each metropolitan county is authorized to levy a wheelage tax of $5 for the year 1972 and each subsequent year thereafter by resolution on each motor vehicledeleted text begin , except motorcycles as defined in section 169.01, subdivision 4, whichdeleted text end new text begin that new text end is kept in such county when not in operation and deleted text begin whichdeleted text end new text begin that new text end is subject to annual registration and taxation under chapter 168. The board may provide by resolution for collection of the wheelage tax by county officials or it may request that the tax be collected by the state registrar of motor vehicles, and the state registrar of motor vehicles shall collect such tax on behalf of the county if requested, as provided in subdivision 2.

new text begin (b) The following vehicles are exempt from the wheelage tax: new text end

new text begin (1) motorcycles, as defined in section 169.01, subdivision 4; new text end

new text begin (2) motorized bicycles, as defined in section 169.01, subdivision 4a; new text end

new text begin (3) electric-assisted bicycles, as defined in section 169.01, subdivision 4b; and new text end

new text begin (4) motorized foot scooters, as defined in section 169.01, subdivision 4c. new text end

Sec. 5.

Minnesota Statutes 2006, 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 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses, school buses, or commuter vans as defined in section 168.126. new text begin Except as provided in paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000 pounds that is a pickup truck or a van is not a passenger automobile. new text end

(c) "Passenger automobile" includes, but is not limited to:

(1) deleted text begin pickup trucks and vans, including those vans designed to carry passengers, with deleted text end deleted text begin a manufacturer's nominal rated carrying capacity of one tondeleted text end new text begin a vehicle that is: (i) a pickup truck or a van; (ii) not used in furtherance of a commercial enterprise; and (iii) not subject to state or federal regulation as a commercial motor vehiclenew text end ; deleted text begin anddeleted text end

(2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91new text begin ; andnew text end

new text begin (3) medium-speed electric vehicles, as defined in section 169.01, subdivision 95new text end .

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (b) and paragraph (c), clause (1), are effective the day following final enactment and apply to any additional tax for a registration period that starts on or after March 1, 2011. new text end

Sec. 6.

Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read:

Subd. 22.

Special mobile equipment.

new text begin (a) new text end "Special mobile equipment" means every vehicle not designed or used deleted text begin primarilydeleted text end for the transportation of persons or property and only incidentally operated or moved over a highway, deleted text begin includingdeleted text end new text begin except vehicles described in paragraph (b). Special mobile equipment includes,new text end but new text begin isnew text end not limited to: ditch-digging apparatuses, deleted text begin moving dollies,deleted text end pump hoists and other water well-drilling equipment registered new text begin and licensed new text end under chapter 103I, deleted text begin street-sweeping vehicles, anddeleted text end other new text begin road construction or road maintenance new text end machinery deleted text begin such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiersdeleted text end ,new text begin aggregate processing and conveying equipment,new text end truck-mounted log loadersdeleted text begin , earth-moving carryalls, scrapers, power shovels, draglines, self-propelled cranes, and earth-moving equipmentdeleted text end new text begin that are used exclusively for commercial logging, and self-propelled cranesnew text end . deleted text begin The termdeleted text end

new text begin (b) "Special mobile equipment"new text end does not include deleted text begin travel trailers,deleted text end new text begin : (1) machinery that has been temporarily or permanently mounted on a commercial motor vehicle chassis that is used only to provide a service and is not able to haul goods for resale; or (2)new text end dump trucksdeleted text begin , truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles designed for the transportation of persons or property to which machinery has been attacheddeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to any additional tax for a registration period that starts on or after March 1, 2009. new text end

Sec. 7.

Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following vehicles are exempt from the provisions of this chapter requiring payment of tax and registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled persons for charitable, religious, or educational purposes;

(5)new text begin vehicles owned by nonprofit charities and used exclusively for disaster response and related activities;new text end

new text begin (6) new text end ambulances owned by ambulance services licensed under section 144E.10, the general appearance of which is unmistakable; and

deleted text begin (6)deleted text end new text begin (7) new text end 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)new text begin Each state hospital and institution for persons who are mentally ill and developmentally disabled may have one vehicle without the required identification on the sides of the vehicle. The vehicle 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 hospital administrator. 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 state hospital or institution.new text end

new text begin (h) Each county social service agency may have vehicles used for child and vulnerable adult protective services without the required identification on the sides of the vehicle. The vehicles 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 agency administrator. 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 social service agency. new text end

new text begin (i)new text end 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, deleted text begin ordeleted text end licensed commercial driving school,new text begin or other qualifying organization or entity,new text end plainly displayed on both sides of the vehicledeleted text begin ; except that each state hospital and institution for persons who are mentally ill and developmentally disabled 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 vehicledeleted text end . 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. 8.

Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision to read:

new text begin Subd. 2c. new text end

new text begin Spotter trucks. new text end

new text begin Spotter trucks, as defined in section 169.01, subdivision 7a, shall not be taxed as motor vehicles using the public streets and highways, and shall be exempt from the provisions of this chapter. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires June 30, 2013. new text end

Sec. 9.

Minnesota Statutes 2006, section 168.013, is amended by adding a subdivision to read:

new text begin Subd. 1l. new text end

new text begin Concrete pumps and street-sweeping vehicles. new text end

new text begin The tax on vehicle-mounted concrete pumps and street-sweeping vehicles that are not registered under section 168.187 is 15 percent of the Minnesota base rate schedule. Vehicles registered under this subdivision must display plates from a distinctive series. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to any additional tax for a registration period that starts on or after March 1, 2009. new text end

Sec. 10.

Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read:

Subdivision 1.

Disability plates; application.

(a) When a motor vehicle registered under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle is owned or primarily operated by a permanently physically disabled person or a custodial parent or guardian of a permanently physically disabled minor, the owner may apply for and secure from the commissioner (1) immediately, a temporary permit valid for 30 days if the applicant is eligible for the disability plates issued under this section and (2) two disability plates with attached emblems, one plate to be attached to the front, and one to the rear of the motor vehicle.

(b) The commissioner shall not issue more than one set of plates to any owner of a motor vehicle at the same time unless deleted text begin all motor vehicles have been specifically modified for and are used exclusively by a permanently physically disabled persondeleted text end new text begin the state council on disability approves the issuance of a second set of plates to a motor vehicle ownernew text end .

(c) When the owner first applies for the disability plates, the owner must submit a medical statement in a format approved by the commissioner under section 169.345, or proof of physical disability provided for in that section.

(d) No medical statement or proof of disability is required when an owner of a motor vehicle applies for plates for one or more motor vehicles that are specially modified for and used exclusively by permanently physically disabled persons.

(e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit valid for 30 days, if the applicant is eligible to receive the disability plates issued under this section, and (ii) a set of disability plates for a motor vehicle if:

(1) the owner employs a permanently physically disabled person who would qualify for disability plates under this section; and

(2) the owner furnishes the motor vehicle to the physically disabled person for the exclusive use of that person in the course of employment.

Sec. 11.

Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read:

Subd. 2.

Plate design; furnished by commissioner.

The commissioner shall design and furnish two disability plates with attached emblems to deleted text begin eachdeleted text end new text begin annew text end eligible owner. The emblem must bear the internationally accepted wheelchair symbol, as designated in section 16B.61, subdivision 5, approximately three inches square. The emblem must be large enough to be visible plainly from a distance of 50 feet. An applicant eligible for disability plates shall pay the motor vehicle registration fee authorized by sections 168.013 and 168.09.

Sec. 12.

Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:

Subd. 7.

Display of temporary permitdeleted text begin ; special platesdeleted text end .

(a) A vehicle that displays a deleted text begin specialdeleted text end new text begin Minnesotanew text end plate issued under deleted text begin 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,deleted text end new text begin chapter 168 new text end may display a temporary permit in conjunction with expired registration if:

(1) the current registration tax and all other fees new text begin and taxes new text end have been paid in full; and

(2) the plate deleted text begin requires replacement under section 168.12, subdivision 1, paragraph (d), clause (3)deleted text end new text begin has been applied fornew text end .

(b) A vehicle deleted text begin that is registered under section 168.10deleted text end may display a temporary permit in conjunction with expired registration, with or without a registration plate, if:

(1) the plates have been applied for deleted text begin anddeleted text end new text begin ;new text end

new text begin (2)new text end the registration tax deleted text begin hasdeleted text end new text begin and other fees and taxes havenew text end been paid in fulldeleted text begin , as provided for in section 168.10deleted text end ; and

deleted text begin (2)deleted text end new text begin (3) either new text end the vehicle is used solely as a collector vehicle while displaying the temporary permit and not used for general transportation purposesnew text begin or the vehicle was issued a 21-day permit under section 168.092, subdivision 1new text end .

(c) The permit is valid for a period of 60 days. The permit must be in a format prescribed by the commissioner 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 plates to be manufactured and delivered to the applicant. new text begin The permit may be issued only by the commissioner or by a deputy registrar under section 168.33.new text end

Sec. 13.

new text begin MINNESOTA SESQUICENTENNIAL SPECIAL PLATES. new text end

new text begin Subdivision 1. new text end

new text begin Issuance and design. new text end

new text begin Notwithstanding Minnesota Statutes, section 168.1293, the commissioner shall issue Minnesota sesquicentennial plates or one motorcycle plate to an applicant who: new text end

new text begin (1) is a registered owner of a passenger automobile, one-ton pickup truck, motorcycle, or recreational vehicle; new text end

new text begin (2) pays a fee of $10 for each set of license plates; new text end

new text begin (3) contributes a minimum of $25 to the Minnesota Sesquicentennial Commission; and new text end

new text begin (4) complies with this chapter and rules governing registration of motor vehicles and licensing of drivers. new text end

new text begin Subd. 2. new text end

new text begin Novelty plates. new text end

new text begin Notwithstanding subdivision 1, the commissioner may issue distinctive Minnesota Sesquicentennial novelty plates for a fee of $5 for each plate, and a minimum contribution of $25 to the Minnesota Sesquicentennial Commission. new text end

new text begin Subd. 3. new text end

new text begin Design. new text end

new text begin After consultation with the Minnesota Sesquicentennial Commission, the commissioner shall design the special plate. new text end

new text begin Subd. 4. new text end

new text begin Plates transfer. new text end

new text begin On payment of a transfer fee of $5, plates issued under subdivision 1 may be transferred to another passenger automobile, one-ton pickup truck, motorcycle, or recreational vehicle registered to the individual to whom the special plates were issued. new text end

new text begin Subd. 5. new text end

new text begin Fees. new text end

new text begin Fees collected under subdivision 1, clause (2), or under subdivision 2, are credited to the vehicle services operating account in the special revenue fund. new text end

new text begin Subd. 6. new text end

new text begin Contributions. new text end

new text begin Contributions collected under subdivision 1, clause (3), or under subdivision 2, are credited to the sesquicentennial account, which is established in the special revenue fund. Money in the account is appropriated to the Minnesota Sesquicentennial Commission to be used in performance of the commission's powers and duties. After the commission expires, money in the account is appropriated to the Capitol Area Architectural and Planning Board for restoration and renovation of the Capitol Building. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires for issuance of plates after June 30, 2011. new text end

Sec. 14.

Minnesota Statutes 2006, section 168.185, is amended to read:

168.185 USDOT NUMBERS.

(a) new text begin Except as provided in paragraph (d), new text end 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, deleted text begin other than a farm truck that is not used in interstate commerce,deleted text end shall report to the deleted text begin registrardeleted text end new text begin commissionernew text end 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 deleted text begin registrardeleted text end new text begin commissionernew text end . The deleted text begin registrardeleted text end new text begin commissionernew text end 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 deleted text begin registrardeleted text end new text begin commissionernew text end , 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 deleted text begin registrardeleted text end new text begin commissionernew text end 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 deleted text begin registrardeleted text end new text begin commissionernew text end shall suspend the owner's registration.

(d) deleted text begin 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.deleted text end new text begin This section does not apply to (1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used solely in the transaction of official business by the federal government, the state, or any political subdivision.new text end

Sec. 15.

Minnesota Statutes 2006, section 168.28, is amended to read:

168.28 VEHICLES SUBJECT TO TAX; EXCEPTIONS.

Every motor vehicle (except those exempted in section 168.012, and except those which are being towed upon the streets and highways and which shall not be deemed to be using the streets and highways within the meaning of this section) shall be deemed to be one using the public streets and highways and hence as such subject to taxation under this chapter if such motor vehicle has since April 23, 1921, used such public streets or highways, or shall actually use them, or if it shall come into the possession of an owner other than as a manufacturer, dealer, warehouse operator, mortgagee or pledgee. New and unused motor vehicles in the possession of a dealer solely for the purpose of sale, and used deleted text begin or secondhanddeleted text end motor vehicles which have not theretofore used the public streets or highways of this state which are in the possession of a dealer solely for the purpose of sale and which are duly listed as herein provided, shall not be deemed to be vehicles using the public streets or highways. The driving or operating of a motor vehicle upon the public streets or highways of this state by a motor vehicle dealer or any employee of such motor vehicle dealer for demonstration purposes or for any purpose incident to the usual and customary conduct and operation of the business in which licensed under section 168.27 to engage, or solely for the purpose of moving it from points outside or within the state to the place of business or storage of a licensed dealer within the state or solely for the purpose of moving it from the place of business of a manufacturer, or licensed dealer within the state to the place of business or residence of a purchaser outside the state, shall not be deemed to be using the public streets or highways in the state within the meaning of this chapter or of the Constitution of the state of Minnesota, article XIV, and shall not be held to make the motor vehicle subject to taxation under this chapter as one using the public streets or highways, if during such driving or moving the dealer's plates herein provided for shall be duly displayed upon such vehicle. Any dealer or distributor may register a motor vehicle prior to its assessment or taxation as personal property, and pay the license fee and tax thereon for the full calendar year as one using the public streets and highways, and thereafter such vehicle shall be deemed to be one using the public streets and highways and shall not be subject to assessment or taxation as personal property during the calendar year for which it is so registered, whether or not such vehicle shall actually have used the streets or highways.new text begin Special mobile equipment is subject to a penalty equal to the tax due under this chapter for the full registration year if it is used to transport persons or property at any time using the public streets.new text end

Sec. 16.

Minnesota Statutes 2006, section 168A.01, subdivision 21, is amended to read:

Subd. 21.

Special mobile equipment.

"Special mobile equipment" deleted text begin means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including but not limited to: ditch-digging apparatuses, well-boring apparatuses, moving dollies, sawing machines, corn shellers, and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls and scrapers, power shovels and draglines, and self-propelled cranes and earth-moving equipment. The term does not include travel trailers, dump trucks, truck-mounted transit mixers, truck-mounted feed grinders, or other vehicles designed for the transportation of persons or property to which machinery has been attacheddeleted text end new text begin has the meaning given it in section 168.011new text end .

Sec. 17.

Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:

Subdivision 1.

No certificate issued.

The registrar shall not issue a certificate of title for:

(1) a vehicle owned by the United States;

(2) a vehicle owned by a nonresident and not required by law to be registered in this state;

(3) a vehicle owned by a nonresident and regularly engaged in the interstate transportation of persons or property for which a currently effective certificate of title has been issued in another state;

(4) a vehicle moved solely by animal power;

(5) an implement of husbandry;

(6) special mobile equipment;

(7) a self-propelled wheelchair or invalid tricycle;

(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party holds an interest in the trailer or a certificate of title was previously issued by this state or any other state or (ii) designed primarily for agricultural purposes except a recreational vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;

(9) a snowmobiledeleted text begin .deleted text end new text begin ; andnew text end

new text begin (10) a spotter truck, as defined in section 169.01, subdivision 7a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires June 30, 2013. new text end

Sec. 18.

Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read:

Subd. 9.

Neighborhood electric vehiclenew text begin and medium-speed electric vehiclesnew text end ; certificate required.

Neighborhood electric vehiclesnew text begin and medium-speed electric vehiclesnew text end , as defined in section 169.01, deleted text begin subdivisiondeleted text end new text begin subdivisions new text end 91new text begin and 95new text end , must be titled as specified in section 168A.02. The department shall not issue a title for a neighborhood electric vehiclenew text begin or a medium-speed electric vehiclenew text end (1) that lacks a vehicle identification number, and (2) for which a manufacturer's certificate of origin clearly labeling the vehicle as a neighborhood electric vehicle or similar designation has not been issued. The department shall not issue a vehicle identification number to a homemade neighborhood electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as neighborhood electric vehicles.

Sec. 19.

Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:

Subd. 2.

Sale after 45 daysnew text begin or title transfernew text end .

deleted text begin Andeleted text end new text begin (a) If an unauthorized vehicle is impounded, other than by the city of Minneapolis or the city of St. Paul, the new text end impounded vehicle is eligible for disposal or sale under section 168B.08, new text begin the earlier of:new text end

new text begin (1) new text end 45 days after notice to the ownerdeleted text begin , if the vehicle is determined to be an unauthorized vehicle that was not impounded by the city of Minneapolis or the city of St. Pauldeleted text end new text begin ; ornew text end

new text begin (2) the date of a voluntary written title transfer by the registered owner to the impound lot operatornew text end .

new text begin (b) A voluntary written title transfer constitutes a waiver by the registered owner of any right, title, and interest in the vehicle. new text end

Sec. 20.

Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Contents;deleted text end new text begin Written new text end notice deleted text begin given within five daysdeleted text end new text begin of impoundnew text end .

new text begin (a) new text end When an impounded vehicle is taken into custody, the unit of government or impound lot operator taking it into custody shall give new text begin written new text end notice of the taking within five daysnew text begin to the registered vehicle owner and any lienholdersnew text end .

new text begin (b) new text end The notice deleted text begin shalldeleted text end new text begin must:new text end

(1) set forth the date and place of the takingdeleted text begin ,deleted text end new text begin ;new text end

new text begin (2) provide new text end the year, make, modelnew text begin ,new text end and serial number of the impounded motor vehiclenew text begin ,new text end if such information can be reasonably obtainednew text begin ,new text end and the place where the vehicle is being helddeleted text begin ,deleted text end new text begin ;new text end

deleted text begin (2)deleted text end new text begin (3)new text end inform the owner and any lienholders of their right to reclaim the vehicle under section 168B.07deleted text begin , anddeleted text end new text begin ;new text end

deleted text begin (3)deleted text end new text begin (4)new text end state that failure of the owner or lienholders tonew text begin :new text end

new text begin (i) new text end exercise their right to reclaim the vehicle deleted text begin and contentsdeleted text end within the appropriate time allowed under section 168B.051, subdivision 1, 1a, or 2, deleted text begin shall be deemeddeleted text end new text begin and under the conditions set forth in section 168B.07, subdivision 1, constitutes new text end a waiver by them of all right, title, and interest in the vehicle deleted text begin and contentsdeleted text end and a consent to the transfer of title to and disposal or sale of the vehicle deleted text begin and contentsdeleted text end pursuant to section 168B.08new text begin ; ornew text end

new text begin (ii) exercise their right to reclaim the contents of the vehicle within the appropriate time allowed and under the conditions set forth in section 168B.07, subdivision 3, constitutes a waiver by them of all right, title, and interest in the contents and consent to sell or dispose of the contents under section 168B.08; and new text end

new text begin (5) new text end new text begin state that a vehicle owner who provides to the impound lot operator documentation from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, is eligible for legal aid services, or has a household income at or below 50 percent of state median income has the unencumbered right to retrieve any and all contents without chargenew text end .

Sec. 21.

Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:

Subd. 3.

Unauthorized vehicle; new text begin second new text end notice.

If an unauthorized vehicle remains unclaimed after 30 days from the date the notice was sent under subdivision 2, a second notice deleted text begin shalldeleted text end new text begin must new text end be sent by certified mail, return receipt requested, to the registered owner, if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

Sec. 22.

Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Retrieval of contents. new text end

new text begin (a) For purposes of this subdivision: new text end

new text begin (1) "contents" does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players; and new text end

new text begin (2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary Work Program, medical assistance, general assistance, general assistance medical care, emergency general assistance, Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy assistance, emergency assistance, food stamps, earned income tax credit, or Minnesota working family tax credit. new text end

new text begin (b) A unit of government or impound lot operator shall establish reasonable procedures for retrieval of vehicle contents, and may establish reasonable procedures to protect the safety and security of the impound lot and its personnel. new text end

new text begin (c) At any time before the expiration of the waiting periods provided in section 168B.051, a registered owner who provides documentation from a government or nonprofit agency or legal aid office that the registered owner is homeless, receives relief based on need, is eligible for legal aid services, or has a household income at or below 50 percent of state median income has the unencumbered right to retrieve any and all contents without charge and regardless of whether the registered owner pays incurred charges or fees, transfers title, or reclaims the vehicle. new text end

Sec. 23.

Minnesota Statutes 2006, section 168B.07, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Waiver of rights. new text end

new text begin The failure of the registered owner or lienholders to exercise the right to reclaim the vehicle before the expiration of the waiting periods provided under section 168B.051 constitutes a waiver of all right, title, and interest in the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle under section 168B.08. The failure of the registered owner to exercise the right provided under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and a consent to the transfer of title to, and disposal or sale of, the contents under section 168B.08. new text end

Sec. 24.

Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:

Subdivision 1.

Auction or sale.

(a) If an abandoned or unauthorized vehicle deleted text begin and contentsdeleted text end taken into custody by a unit of government or any impound lot is not reclaimed under section 168B.07, new text begin subdivision 1, new text end it may be disposed of or sold at auction or sale when eligible pursuant to sections 168B.06 and 168B.07. new text begin If the contents of an abandoned or unauthorized vehicle taken into custody by a unit of government or any impound lot is not reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction or sale when eligible pursuant to sections 168B.06 and 168B.07.new text end

(b) The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title it must receive a motor vehicle safety check.

Sec. 25.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Spotter truck. new text end

new text begin "Spotter truck" means a truck-tractor with a manufacturer's certificate of origin "not for on road use" specification, used exclusively for staging or shuttling trailers in the course of a truck freight operation or freight shipping operation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires June 30, 2013. new text end

Sec. 26.

Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:

Subd. 55.

Implement of husbandry.

"Implement of husbandry" deleted text begin has the meaning given in section 168A.01, subdivision 8deleted text end new text begin means a self-propelled or towed vehicle designed or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or livestock-raising operationsnew text end .

Sec. 27.

Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:

Subd. 76.

Hazardous materials.

"Hazardous materials" means deleted text begin those materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and that require the motor vehicledeleted text end new text begin any material that has been designated as hazardous under United States Code, title 49, section 5103, and is requirednew text end to be placarded under Code of Federal Regulations, title 49, deleted text begin parts 100-185deleted text end new text begin part 172, subpart F, or any quantity of a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73new text end .

Sec. 28.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

new text begin Subd. 98. new text end

new text begin Wireless communications device. new text end

new text begin "Wireless communications device" means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving and transmitting data, including but not limited to text messages and e-mail, without an access line for service. A wireless communications device does not include a device that is permanently affixed to the vehicle, or a global positioning system or navigation system when the system is used exclusively for navigation purposes. new text end

Sec. 29.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision to read:

new text begin Subd. 95. new text end

new text begin Medium-speed electric vehicle. new text end

new text begin "Medium-speed electric vehicle" means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of ten inches or greater, and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal Regulations, title 49, section 571.500, and successor requirements. new text end

Sec. 30.

Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:

Subdivision 1.

Keep to the right.

Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) when overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2) when the right half of a roadway is closed to traffic while under construction or repair;

(3) upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;

(4) upon a roadway designated and signposted for one-way traffic as a one-way roadway; deleted text begin ordeleted text end

(5) as necessary to comply with subdivision 11 when approaching an authorized emergency vehicle parked or stopped on the roadwaydeleted text begin .deleted text end new text begin ; ornew text end

new text begin (6) as necessary to comply with subdivision 12 when approaching a road maintenance or construction vehicle parked or stopped on the roadway. new text end

Sec. 31.

Minnesota Statutes 2006, 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.

deleted text begin (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. deleted text end

deleted text begin (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. deleted text end

Sec. 32.

Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Passing certain parked vehicles. new text end

new text begin (a) When approaching and before passing a freeway service patrol, road maintenance, or construction vehicle with its warning 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 vehicle, if it is possible to do so. new text end

new text begin (b) When approaching and before passing a freeway service patrol, road maintenance, or construction vehicle with its warning 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 vehicle is completely or partially parked or otherwise stopped, if it is possible to do so. new text end

Sec. 33.

Minnesota Statutes 2006, section 169.21, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Driver education curriculum. new text end

new text begin The class D curriculum, in addition to driver education classroom curriculum prescribed in rules of statutes for class D motor vehicles, must include instruction on the duties of a driver when encountering a bicycle, other nonmotorized vehicles, or a pedestrian. new text end

Sec. 34.

Minnesota Statutes 2006, section 169.224, is amended to read:

169.224 NEIGHBORHOOD new text begin AND MEDIUM-SPEED new text end ELECTRIC VEHICLES.

Subdivision 1.

Definition.

For purposes of this section, "road authority" means the commissioner, as to trunk highways; the county board, as to county state-aid highways and county highways; the town board, as to town roads; and the governing body of a city, as to city streets.

Subd. 2.

Required equipment.

Notwithstanding any other law, a neighborhood electric vehicle new text begin or a medium-speed electric vehicle new text end may be operated on public streets and highways if it meets all equipment and vehicle safety requirements in Code of Federal Regulations, title 49, section 571.500, and successor requirements.

Subd. 3.

Operation.

A neighborhood electric vehicle new text begin or a medium-speed electric vehicle new text end may not be operated on a street or highway with a speed limit greater than 35 miles per hour, except to make a direct crossing of that street or highway.

Subd. 4.

Restrictions and prohibitions.

(a) A road authority, including the commissioner of transportation by order, may prohibit or further restrict the operation of neighborhood electric vehicles new text begin and medium-speed electric vehicles new text end on any street or highway under the road authority's jurisdiction.

(b) new text begin Neither new text end a neighborhood electric vehicle new text begin nor a medium-speed electric vehicle new text end may deleted text begin notdeleted text end be used to take any examination to demonstrate ability to exercise control in the operation of a motor vehicle as required under section 171.13.

Sec. 35.

new text begin [169.228] SPOTTER TRUCKS. new text end

new text begin Notwithstanding any other law, a spotter truck may be operated on public streets and highways if: new text end

new text begin (1) the operator has the appropriate class of driver's license; new text end

new text begin (2) the vehicle complies with the size, weight, and load restrictions under this chapter; new text end

new text begin (3) the vehicle meets all inspection requirements under section 169.781; and new text end

new text begin (4) the vehicle is operated (i) within a zone of two air miles from the truck freight operation or freight shipping operation where the vehicle is housed, or (ii) directly to and from a repair shop, service station, or fueling station for the purpose of repair, servicing, or refueling. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires June 30, 2013. new text end

Sec. 36.

Minnesota Statutes 2006, section 169.435, is amended to read:

169.435 deleted text begin STATE SCHOOL BUS SAFETY ADMINISTRATIONdeleted text end new text begin OFFICE OF PUPIL TRANSPORTATION SAFETYnew text end .

Subdivision 1.

Responsibility; Department of Public Safety.

The Department of Public Safety has the primary responsibility for school transportation safety. The new text begin Office of Pupil Transportation Safety is created as a section under the Division of State Patrol. The new text end commissioner deleted text begin or the commissioner's designeedeleted text end shall deleted text begin serve as statedeleted text end new text begin designate a new text end director of pupil transportation deleted text begin according to subdivision 3deleted text end .

Subd. 3.

Pupil transportation safety director.

deleted text begin (a) The commissioner of public safety or the commissioner's designee shall serve as pupil transportation safety director. deleted text end

deleted text begin (b)deleted text end The duties of the pupil transportation safety director deleted text begin shalldeleted text end include:

(1) overseeing all department activities related to school bus safety;

(2) assisting in the development, interpretation, and implementation of laws and policies relating to school bus safetynew text begin , in consultation with a stakeholder group consisting of, but not limited to, representatives of the school board association, school superintendents, private bus contractors, directors of transportation, school bus employees or their exclusive bargaining representatives, and parent organizationsnew text end ;

(3) supervising preparation of the School Bus Inspection Manual; deleted text begin anddeleted text end

(4) in conjunction with the Department of Educationnew text begin and the stakeholder group described in clause (2)new text end , assisting school districts in developing and implementing comprehensive transportation policiesnew text begin and establishing best practices for private contracts;new text end

new text begin (5) developing and maintaining a consistent record-keeping system to document school bus inspections, out-of-service school transportation vehicles, driver turnover rate, and driver files; and new text end

new text begin (6) conducting periodic audits of selected school districts to determine compliance with federal law and state statute concerning: (i) school bus driver requirements and driver employee background and license checks, including controlled substance and alcohol testing requirements; and (ii) duty to report violations to the commissioner of public safety. Audit results must be documented and retained by the Office of Pupil Transportation Safety, and any statutory violations documented in the audit must be reported to the commissioners of public safety and educationnew text end .

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin In addition to the pupil transportation safety director, who must be a state trooper, the Office of Pupil Transportation Safety must be staffed by a minimum of: new text end

new text begin (1) three state troopers, each of whom must be assigned to the metropolitan area, northern Minnesota, or southern Minnesota; and new text end

new text begin (2) 15 school bus vehicle inspectors, one of whom must be designated chief inspector. The school bus vehicle inspectors shall perform annual and spot inspections of school buses and Head Start buses as required by law. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 37.

Minnesota Statutes 2006, section 169.446, subdivision 2, is amended to read:

Subd. 2.

Driver training programs.

The commissioner of public safety shall adopt rules requiring new text begin a minimum of 30 minutes of new text end thorough instruction concerning section 169.444 for persons enrolled in driver training programs offered at new text begin public, new text end private and parochial schoolsnew text begin ,new text end and commercial driver training schools. The instruction must encompass at least the responsibilities of drivers, the content and requirements of section 169.444, and the penalties for violating that section.

Sec. 38.

new text begin [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices. An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol. An electronic message does not include voice or other data transmitted as a result of making a phone call, or data transmitted automatically by a wireless communications device without direct initiation by a person. new text end

new text begin Subd. 2. new text end

new text begin Prohibition on use. new text end

new text begin No person may operate a motor vehicle while using a wireless communications device to compose, read, or send an electronic message, when the vehicle is in motion or a part of traffic. new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply if a wireless communications device is used: new text end

new text begin (1) solely in a voice-activated or other hands-free mode; new text end

new text begin (2) for making a cellular phone call; new text end

new text begin (3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed; new text end

new text begin (4) in the reasonable belief that a person's life or safety is in immediate danger; or new text end

new text begin (5) in an authorized emergency vehicle while in the performance of official duties. new text end

Sec. 39.

Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:

Subd. 3.

Trailer, semitrailer.

(a) No trailer or semitrailer with a grossnew text begin vehiclenew text end weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the towing vehicle, may be drawn on a highway unless it is equipped with brakes that are adequate to control the movement of and to stop and hold the trailer or semitrailer. A surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes adequate to stop and hold the trailer or semitrailer.

(b) No trailer or semitrailer deleted text begin that is required to have brakes and that hasdeleted text end new text begin withnew text end a gross new text begin vehicle new text end weight of more than deleted text begin 6,000deleted text end new text begin 3,000new text end pounds may be drawn on a highway unless it is equipped with brakes that are so constructed that they are adequate to stop and hold the trailer or semitrailer whenever it becomes detached from the towing vehicle.

(c) Except as provided in paragraph (d), paragraph (a) does not apply to:

(1) deleted text begin a trailer used by a farmer while transporting farm products produced on the user's farm, or supplies back to the farm of the trailer's user;deleted text end

deleted text begin (2)deleted text end a towed custom service vehicle drawn by a motor vehicle that is equipped with brakes that meet the standards of subdivision 5, provided that such a towed custom service vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more than 45 miles per hour;

deleted text begin (3) a trailer or semitrailer operated or used by retail dealers of implements of husbandry while engaged exclusively in the delivery of implements of husbandry; deleted text end

deleted text begin (4)deleted text end new text begin (2)new text end a motor vehicle drawn by another motor vehicle that is equipped with brakes that meet the standards of subdivision 5;new text begin andnew text end

deleted text begin (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous fertilizer under pressure; deleted text end

deleted text begin (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and deleted text end

deleted text begin (7)deleted text end new text begin (3)new text end a disabled vehicle while being towed to a place of repair.

(d) Vehicles described in paragraph (c), deleted text begin clauses (1), (3), and (4)deleted text end new text begin clause (2)new text end , may be operated without complying with paragraph (a) only if the trailer or semitrailer does not exceed the following gross weights:

(1) 3,000 pounds while being drawn by a vehicle registered as a passenger automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

(2) 12,000 pounds while being drawn by any other motor vehicle deleted text begin except a self-propelled implement of husbandrydeleted text end .

Sec. 40.

Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 169.781 to 169.783:

(a) "Commercial motor vehicle" means:

(1) a commercial motor vehicle as defined in section 169.01, subdivision 75, paragraph (a); deleted text begin anddeleted text end

(2) each vehicle in a combination of more than 26,000 poundsdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (3) a spotter truck. new text end

"Commercial motor vehicle" does not include deleted text begin (1)deleted text end a school bus or Head Start bus displaying a certificate under section 169.451, deleted text begin (2)deleted text end a bus operated by the Metropolitan Council or by a local transit commission created in chapter 458A, or deleted text begin (3)deleted text end a motor vehicle deleted text begin that isdeleted text end required to be placarded under Code of Federal Regulations, title 49, parts 100-185.

(b) "Commissioner" means the commissioner of public safety.

(c) "Owner" means a person who owns, or has control, under a lease of more than 30 days' duration, of one or more commercial motor vehicles.

(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store property at a location not on a street or highway, (2) does not contain any load when moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked on each side of the semitrailer "storage only" in letters at least six inches high.

(e) "Building mover vehicle" means a vehicle owned or leased by a building mover as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for moving buildings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires June 30, 2013. new text end

Sec. 41.

Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:

Subd. 2.

Inspection required.

It is unlawful for a person to operate or permit the operation of:

(1) a commercial motor vehicle registered in Minnesotanew text begin or a spotter trucknew text end ; or

(2) special mobile equipment as defined in section 168.011, subdivision 22, and which is self-propelled, if it is mounted on a commercial motor vehicle chassis,

unless the vehicle displays a valid safety inspection decal issued by an inspector certified by the commissioner, or the vehicle carries (1) proof that the vehicle complies with federal motor vehicle inspection requirements for vehicles in interstate commerce, and (2) a certificate of compliance with federal requirements issued by the commissioner under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and expires on June 30, 2013. new text end

Sec. 42.

Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:

Subd. 5.

Inspection decalnew text begin ; violation, penaltynew text end .

(a) A person inspecting a commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected component of the vehicle complies with federal motor carrier safety regulations. The decal must state that in the month specified on the decal the vehicle was inspected and each inspected component complied with federal motor carrier safety regulations. The decal is valid for 12 months after the month specified on the decal. The commissioners of public safety and transportation shall make decals available, at a fee of not more than $2 for each decal, to persons certified to perform inspections under subdivision 3, paragraph (b).

(b) Minnesota inspection decals may be affixed only to:

(1) commercial motor vehicles bearing Minnesota-based license plates; or

(2) special mobile equipment, within the meaning of subdivision 2, clause (2).

(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle unless the vehicle has one or more defects that would result in the vehicle being declared out of service under the North American Uniform Driver, Vehicle, and Hazardous Materials Out-of-Service Criteria issued by the Federal Highway Administration and the Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1), (2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle must clearly indicate that it is valid for two years from the date of issuance.

(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered as a farm truck, (2) is not operated more than 75 miles from the owner's home post office, and (3) was manufactured before 1979 that has a dual transmission system, is not required to comply with a requirement in an inspection standard that requires that the service brake system and parking brake system be separate systems in the motor vehicle.

new text begin (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or forges a decal or other writing or thing purporting to be a Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor. A person who, with the intent to defraud, possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor. new text end

Sec. 43.

Minnesota Statutes 2006, section 169.79, is amended to read:

169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.

Subdivision 1.

Registration required.

No person shall operate, drive, or park a motor vehicle on any highway unless the vehicle is registered in accordance with the laws of this state and has the number plates or permit confirming that valid registration or operating authority has been obtained, except as provided in sections 168.10 and 168.12, subdivision 2f, as assigned to it by the commissioner of public safety, conspicuously displayed thereon in a manner that the view of any plate or permit is not obstructed. A plate issued under section 168.27 or a permit issued under chapter 168 may be displayed on a vehicle in conjunction with expired registration whether or not it displays the license plate to which the last registration was issued.

Subd. 2.

Semitrailer.

If the vehicle is a semitrailer, the number plate displayed must be assigned to the registered owner and correlate to the deleted text begin certificate of title deleted text end documentation on file with the departmentdeleted text begin and shall not display a year indicatordeleted text end .

Subd. 3.

Rear display of single plate.

If the vehicle is a motorcycle, motor scooter, motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one license plate must be displayed new text begin horizontally with the identifying numbers and letters facing outward from the vehicle and must be mounted in the upright position new text end on the rear of the vehicle.

Subd. 3a.

Small trailer.

If the vehicle is a trailer with 3,000 pounds or less GVW with lifetime registration, the numbered plate or sticker must be adhered to the side of the trailer frame tongue near the hitch.

Subd. 4.

Collector's vehicle.

If the vehicle is (1) a collector's vehicle with a pioneer, classic car, collector, or street rod license; (2) a vehicle that meets the requirements of a pioneer, classic, or street rod vehicle except that the vehicle is used for general transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered under section 168.10, subdivision 1c, and is used for general transportation purposes, new text begin then new text end one plate must be displayed on the rear of the vehicle, or one plate on the front and one on the rear, at the discretion of the owner.

Subd. 5.

Truck-tractor, road-tractor, or farm truck.

If the vehicle is a truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but excluding from that definition semitrailers and trailers, new text begin then new text end one plate must be displayed on the front of the vehicle.

Subd. 6.

Other motor vehicles.

If the motor vehicle is any kind of motor vehicle other than those provided for in subdivisions 2 to 4, one plate must be displayed on the front and one on the rear of the vehicle.

Subd. 7.

Plate fastened and visible.

All plates must be new text begin (1) new text end securely fastened so as to prevent them from swingingnew text begin , (2) displayed horizontally with the identifying numbers and letters facing outward from the vehicle, and (3) mounted in the upright positionnew text end . The person driving the motor vehicle shall keep the plate legible and unobstructed and free from grease, dust, or other blurring material so that the lettering is plainly visible at all times. It is unlawful to cover any assigned letters and numbers or the name of the state of origin of a license plate with any material whatever, including any clear or colorless material that affects the plate's visibility or reflectivity.

Subd. 8.

Plate registration stickers.

new text begin As viewed facing the plates: new text end

new text begin (a) new text end License plates issued to vehicles registered under section 168.017 must display the month of expiration in the lower left corner deleted text begin as viewed facing thedeleted text end new text begin of eachnew text end plate and the year of expiration in the lower right corner deleted text begin as viewed facing thedeleted text end new text begin of each new text end plate.

new text begin (b) new text end License plates issued to vehicles registered under section 168.127 must display either fleet registration validation stickers in the lower right corner deleted text begin as viewed facing the platesdeleted text end new text begin of each platenew text end or distinctive license plates, issued by the registrar, with "FLEET REG" displayed on the bottom center portion of deleted text begin thedeleted text end new text begin each new text end plate.

new text begin (c) new text end new text begin License plates issued after July 1, 2008, requiring validation must display the month of expiration in the lower left corner of each plate and the year of expiration in the lower right corner of the plate. new text end

new text begin Subd. 9. new text end

new text begin Tax-exempt vehicle marking. new text end

new text begin Vehicles displaying tax-exempt plates issued under section 16B.581 or 168.012 must have vehicle markings that comply with section 168.012, subdivision 1. new text end

Sec. 44.

Minnesota Statutes 2006, section 169.801, is amended to read:

169.801 IMPLEMENT OF HUSBANDRY.

Subdivision 1.

Exemption from size, weight, load provisions.

Except as provided in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern size, weight, and load do not apply todeleted text begin :deleted text end

deleted text begin (1) a horse-drawn wagon while carrying a load of loose straw or hay; deleted text end

deleted text begin (2) a specialized vehicle resembling a low-slung trailer having a short bed or platform, while transporting one or more implements of husbandry; or deleted text end

deleted text begin (3)deleted text end an implement of husbandry deleted text begin while being driven or towed at a speed of not more than 30 miles per hour; provided that this exemption applies to an implement of husbandry owned, leased, or under the control of a farmer or implement dealer only while the implement of husbandry is being operated on noninterstate roads or highways within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated by the farmer or implement dealer and (ii) on which the farmer or implement dealer regularly uses or sells or leases the implement of husbandrydeleted text end new text begin while operated in compliance with this sectionnew text end .

Subd. 2.

Weight deleted text begin per inch of tire widthdeleted text end new text begin restrictionsnew text end .

new text begin (a)new text end An implement of husbandry that is not self-propelled and is equipped with pneumatic tires may not be operated on a public highway with a maximum wheel load that exceeds deleted text begin 600 pounds per inch of tire width before August 1, 1996, anddeleted text end 500 pounds per inch of tire width deleted text begin on and after August 1, 1996deleted text end new text begin .new text end

new text begin (b) After December 31, 2009, a person operating or towing an implement of husbandry on a bridge must comply with the gross weight limitations provided in section 169.824new text end .

Subd. 3.

Hitches.

A towed implement of husbandry must be equipped with (1) safety chains that meet the requirements of section 169.82, subdivision 3, paragraph (b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of public safety; or (3) a hitch pin or other hitching device with a retainer that prevents accidental unhitching.

new text begin Subd. 4. new text end

new text begin Bridge posting. new text end

new text begin Despite subdivision 2, a person operating or towing an implement of husbandry must comply with a sign that limits the maximum weight allowed on a bridge. new text end

new text begin Subd. 5. new text end

new text begin Height and width. new text end

new text begin A person operating, towing, or transporting an implement of husbandry that is higher than 13 feet six inches or wider than allowed under section 169.80, subdivision 2, must ensure that the operation or transportation does not damage a highway structure, utility line or structure, or other fixture adjacent to or over a public highway. new text end

new text begin Subd. 6. new text end

new text begin Speed. new text end

new text begin No person may operate or tow an implement of husbandry at a speed of more than 30 miles per hour. new text end

new text begin Subd. 7. new text end

new text begin Driving rules. new text end

new text begin (a) An implement of husbandry may not be operated or towed on an interstate highway. new text end

new text begin (b) An implement of husbandry may be operated or towed to the left of the center of a roadway only if it is escorted at the front by a vehicle displaying hazard warning lights visible in normal sunlight and the operation does not extend into the left half of the roadway more than is necessary. new text end

new text begin Subd. 8. new text end

new text begin Lights. new text end

new text begin An implement of husbandry must be equipped with lights that comply with section 169.55, subdivisions 2 and 3. new text end

new text begin Subd. 9. new text end

new text begin Slow moving vehicle emblem. new text end

new text begin An implement of husbandry must comply with section 169.522. new text end

new text begin Subd. 10. new text end

new text begin Brakes. new text end

new text begin Notwithstanding section 169.67: new text end

new text begin (a) A self-propelled implement of husbandry must be equipped with brakes adequate to control its movement and to stop and hold it and any vehicle it is towing. new text end

new text begin (b) A towed implement of husbandry must be equipped with brakes adequate to control its movement and to stop and hold it if: new text end

new text begin (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured and sold after January 1, 1994; new text end

new text begin (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a vehicle other than a self-propelled implement of husbandry; or new text end

new text begin (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a registered passenger automobile other than a pickup truck as defined in section 168.011, subdivision 29. new text end

new text begin (c) If a towed implement of husbandry with a gross vehicle weight of more than 6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes adequate to stop and hold it if it becomes detached from the towing vehicle. new text end

Sec. 45.

new text begin INFRASTRUCTURE ADAPTATIONS. new text end

new text begin The commissioner of transportation shall investigate and recommend opportunities for infrastructure adaptations to accommodate the implementation of manure application technologies that lessen impacts on roads and bridges. new text end

Sec. 46.

Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:

Subd. 3.

Hitch, chain, or cable.

(a) Every trailer or semitrailer must be hitched to the towing motor vehicle by a device approved by the commissioner of public safety.

(b) Every trailer and semitrailer must be equipped with safety chains or cables permanently attached to the trailer except in cases where the coupling device is a regulation fifth wheel and kingpin assembly approved by the commissioner of public safety. In towing, the chains or cables must be attached to the vehicles near the points of bumper attachments to the chassis of each vehicle, and must be of sufficient strength to control the trailer in the event of failure of the towing device. The length of chain or cable must be no more than necessary to permit free turning of the vehicles. A minimum fine of $25 must be imposed for a violation of this paragraph.

(c) This subdivision does not apply to towed implements of husbandry.

(d) No person may be charged with a violation of this section solely by reason of violating a maximum speed prescribed in section deleted text begin 169.145 ordeleted text end 169.67 new text begin or 169.801new text end .

Sec. 47.

Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:

Subd. 1a.

Harvest season increase amount.

The limitations provided in sections 169.822 to 169.829 are increased by ten percent from the beginning of harvest to November 30 each year for the movement of sugar beets, carrots, and potatoes from the field of harvest to the point of the first unloading. Transfer of the product from a farm vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not considered to be the first unloading.new text begin A permit issued under section 169.86, subdivision 1, paragraph (a), is required.new text end The commissioner shall not issue permits under this subdivision if to do so will result in a loss of federal highway funding to the state.

Sec. 48.

Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:

Subdivision 1.

Driver to stop for weighing.

(a) The driver of a vehicle that has been lawfully stopped may be required by an officer to submit the vehicle and load to a weighing by means of portable or stationary scales.

(b) In addition, the officer may require that the vehicle be driven to the nearest available scales, but only if:

(1) the distance to the scales is no further than five miles, or if the distance from the point where the vehicle is stopped to the vehicle's destination is not increased by more than ten miles as a result of proceeding to the nearest available scales; and

(2) if the vehicle is a commercial motor vehicle, no more than two other commercial motor vehicles are waiting to be inspected at the scale.

(c) Official traffic control devices as authorized by section 169.06 may be used to direct the driver to the nearest scale.

(d) When a truck weight enforcement operation is conducted by means of portable or stationary scales, signs giving notice of the operation must be posted within the highway right-of-way and adjacent to the roadway within two miles of the operation. The driver of a truck or combination of vehicles registered for or deleted text begin weighing in excess ofdeleted text end deleted text begin 12,000deleted text end new text begin with a gross vehicle weight exceeding 10,000 new text end pounds shall proceed to the scale site and submit the vehicle to weighing and inspection.

Sec. 49.

Minnesota Statutes 2006, section 169.86, subdivision 8, as added by Laws 2008, chapter 287, article 1, section 58, is amended to read:

Subd. 8.

Tow truck.

deleted text begin A tow truck or towing vehicle, when towing a disabled or damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length and weight limitations of this chapter, subject to a $300 annual permit fee and other conditions the commissioner may prescribe. deleted text end new text begin The commissioner may issue permits to an applicant who pays a single $300 annual fee to cover all tow trucks and towing vehicles owned by the applicant and meets any other conditions prescribed by the commissioner. The permit authorizes the tow truck or towing vehicle, when towing a disabled or damaged vehicle to a place of repair or to a place of safekeeping, to exceed the length and weight limitations of this chapter. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 50.

new text begin [169.866] SPECIAL CANOLA HAULING VEHICLE PERMITS. new text end

new text begin Subdivision 1. new text end

new text begin Special three-unit vehicle permit. new text end

new text begin The commissioner may issue a permit for a vehicle that meets the following requirements: new text end

new text begin (1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 feet; new text end

new text begin (2) has a maximum gross vehicle weight of 105,500 pounds; new text end

new text begin (3) complies with the axle weight limits in section 169.824, or with the federal bridge formula for axle groups not described in that section; new text end

new text begin (4) complies with the tire weight limits in section 169.823, or the tire manufacturers' recommended load, whichever is less; new text end

new text begin (5) is operated only in this state on marked Trunk Highway 175 from Hallock to the North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked Trunk Highway 11 from Donaldson to the North Dakota border; and new text end

new text begin (6) the seasonal weight increases authorized under section 169.826, subdivision 1, do not apply. new text end

new text begin Subd. 2. new text end

new text begin Restrictions. new text end

new text begin Vehicles issued permits under subdivision 1 must comply with the following restrictions: new text end

new text begin (1) the vehicle must be operated in compliance with seasonal load restrictions under section 169.87; new text end

new text begin (2) the vehicle may not be operated on the interstate highway system or national network highways; and new text end

new text begin (3) the vehicle may be operated on streets or highways under the control of local authorities only upon the approval of the local authority; however, vehicles may have reasonable access to terminals and facilities for food, fuel, repairs, and rest, and for continuity of route within one mile of the national network as provided by section 169.81, subdivision 3, and by the Code of Federal Regulations, title 23, part 658.19. new text end

new text begin Subd. 3. new text end

new text begin Permit fee; appropriation. new text end

new text begin Vehicle permits issued under subdivision 1 must be annual permits. The fee is $850 for each vehicle and must be deposited in the trunk highway fund. An amount sufficient to administer the permit program is appropriated from the trunk highway fund to the commissioner for the costs of administering the permit program. new text end

Sec. 51.

Minnesota Statutes 2006, section 169.99, is amended by adding a subdivision to read:

new text begin Subd. 1c. new text end

new text begin Notice of surcharge. new text end

new text begin All parts of the uniform traffic ticket must give conspicuous notice of the fact that, if convicted, the person to whom it was issued must pay a state imposed surcharge under section 357.021, subdivision 6, and the current amount of the required surcharge. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008. However, law enforcement agencies may continue to issue nonconforming tickets until the supply of those tickets has been exhausted. new text end

Sec. 52.

Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:

Subd. 35.

Hazardous materials.

"Hazardous materials" means deleted text begin those materials found to be hazardous for the purposes of the federal Hazardous Materials Transportation Act and that require the motor vehicledeleted text end new text begin any material that has been designated as hazardous under United States Code, title 49, section 5103, and is required new text end to be placarded under Code of Federal Regulations, title 49, deleted text begin parts 100-185deleted text end new text begin part 172, subpart F, or any quantity of a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73new text end .

Sec. 53.

Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read:

Subd. 46.

School bus.

"School bus" deleted text begin means a motor vehicle used to transport pupils to or from a school defined in section 120A.22, or to or from school-related activities, by the school or a school district or by someone under an agreement with the school or a school district. A school bus does not include a motor vehicle transporting children to or from school for which parents or guardians receive direct compensation from a school district, a motor coach operating under charter carrier authority, a transit bus providing services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle is properly registered and insured and being driven by an employee or agent of a school district for nonscheduled transportation.deleted text end new text begin has the meaning given in section 169.01, subdivision 6.new text end

Sec. 54.

Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is amended to read:

Subd. 2.

Driver's license classifications, endorsements, exemptions.

(a) Drivers' licenses are classified according to the types of vehicles 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 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 are four general classes of licenses as described in paragraphs (c) through (f).

(c) Class D drivers' licenses are valid for:

(1) operating all farm trucks if the farm truck is:

(i) controlled and operated by a farmer, including operation by an immediate family member or an employee of the 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) used within 150 miles of the farm;

(2) notwithstanding paragraph (b), operating an authorized emergency vehicle, as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds gross vehicle weight;

(3) operating a recreational 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;

(5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional school activity 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 are satisfied, as determined by the commissioner;

(6) operating any vehicle or combination of vehicles when operated by a licensed peace officer while on duty; and

(7) 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.

(d) Class C drivers' licenses are valid for:

(1) operating class D motor vehicles;

(2) with a hazardous materials endorsement, deleted text begin transporting hazardous materials indeleted text end new text begin operating new text end class D vehiclesnew text begin to transport hazardous materialsnew text end ; deleted text begin anddeleted text end

new text begin (3) with a passenger endorsement, operating buses; and new text end

deleted text begin (3)deleted text end new text begin (4)new text end with a new text begin passenger endorsement and new text end school bus endorsement, operating school buses deleted text begin designed to transport 15 or fewer passengers, including the driverdeleted text end .

(e) Class B drivers' licenses are valid for:

(1) operating all class C motor vehicles, class D motor vehicles, and all other single-unit motor vehicles including, with a passenger endorsement, buses; and

(2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.

(f) Class A drivers' licenses are valid for operating any vehicle or combination of vehicles.

Sec. 55.

Minnesota Statutes 2006, section 171.03, is amended to read:

171.03 PERSONS EXEMPT.

The following persons are exempt from license hereunder:

(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.

(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 deleted text begin owned by or leased todeleted text end new text begin fornew text end 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.

(c) Any person while driving or operating any farm tractor or implement of husbandry temporarily on a highway 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.

(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.

(e) A nonresident who has in immediate possession a valid commercial driver's license issued by a state or jurisdiction in accordance with the 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.

(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 the nonresident.

(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 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.

(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 accordance with the 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.

(i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

Sec. 56.

Minnesota Statutes 2006, 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. Violation of this paragraph is a petty misdemeanor subject to section 169.89, subdivision 2.

(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.

new text begin (d) For the first six months of provisional licensure, a provisional license holder may not operate a motor vehicle carrying more than one passenger under the age of 20 years who is not a member of the holder's immediate family. For the second six months, the holder of the license may not operate a motor vehicle that is carrying more than three passengers who are under the age of 20 years and who are not members of the holder's immediate family. This paragraph does not apply if the provisional license holder is accompanied by a parent or guardian. new text end

new text begin (e) For the first six months of provisional licensure, a provisional license holder may operate a motor vehicle between the hours of midnight and 5:00 a.m. only when the license holder is: new text end

new text begin (1) driving between the license holder's home and place of employment; new text end

new text begin (2) driving between the license holder's home and a school event for which the school has not provided transportation; new text end

new text begin (3) driving for employment purposes; or new text end

new text begin (4) accompanied by a licensed driver at least 25 years of age. new text end

Sec. 57.

Minnesota Statutes 2006, section 171.0701, is amended to read:

171.0701 DRIVER EDUCATIONdeleted text begin ; ORGAN AND TISSUE DONATIONdeleted text end new text begin CONTENTnew text end .

new text begin (a) new text end The commissioner shall adopt rules requiring a minimum of 30 minutes of instruction, beginning January 1, 2007, relating to organ and tissue donations and the provisions of section 171.07, subdivision 5, for persons enrolled in driver education programs offered at public schools, private schools, and commercial driver training schools.

new text begin (b) The commissioner shall adopt rules for persons enrolled in driver education programs offered at public schools, private schools, and commercial driver training schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on awareness and safe interaction with commercial motor vehicle traffic. The rules must require classroom instruction and behind-the-wheel training that includes, but is not limited to, truck stopping distances, proper distances for following trucks, identification of truck blind spots, and avoidance of driving in truck blind spots. new text end

new text begin (c) The rules adopted by the commissioner under paragraph (b) are exempt from the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until repealed or superseded by other law or rule. new text end

Sec. 58.

Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read:

Subdivision 1.

Examination subjects and locations; provisions for color blindness, disabled veterans.

Except as otherwise provided in this section, the commissioner shall examine each applicant for a driver's license by such agency as the commissioner directs. This examination must include a test of applicant's eyesight; ability to read and understand highway signs regulating, warning, and directing traffic; knowledge of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal penalties and financial consequences resulting from violations of laws prohibiting the operation of a motor vehicle while under the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge of slow-moving vehicle safety; new text begin knowledge of laws relating to pupil transportation safety, including the significance of school bus lights, signals, stop arm, and passing a school bus; new text end knowledge of traffic laws related to bicycles; an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle; and other physical and mental examinations as the commissioner finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways, provided, further however, no driver's license shall be denied an applicant on the exclusive grounds that the applicant's eyesight is deficient in color perception. Provided, however, that war veterans operating motor vehicles especially equipped for disabled persons, shall, if otherwise entitled to a license, be granted such license. The commissioner shall make provision for giving these examinations either in the county where the applicant resides or at a place adjacent thereto reasonably convenient to the applicant.

Sec. 59.

Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision to read:

new text begin Subd. 1i. new text end

new text begin Pupil transportation safety. new text end

new text begin The commissioner shall include in each edition of the driver's manual a section relating to pupil transportation safety laws. new text end

Sec. 60.

Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision to read:

new text begin Subd. 1j. new text end

new text begin Driver's manual; interaction with commercial motor vehicle. new text end

new text begin The commissioner shall include in each edition of the driver's manual published by the department after August 1, 2008, a section that includes information on awareness and safe interaction with commercial motor vehicle traffic. new text end

Sec. 61.

Minnesota Statutes 2006, 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 a revocation under section 169A.52 or a statute or ordinance from another state or jurisdiction in conformity with it, deleted text begin in accordance withdeleted text end new text begin for a period that is equivalent in duration undernew text end the driver disqualifications and penalties in Code of Federal Regulations, title 49, part 383, subpart Dnew text begin , that pertain to a conviction of being under the influence of alcohol or refusal to be testednew text end .

Sec. 62.

new text begin [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY COMMERCIAL DRIVER. new text end

new text begin (a) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by this state, and who is convicted of a criminal offense; of a serious traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of violating any other state or local law relating to motor vehicle traffic control, other than a parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify the department's Division of Driver and Vehicle Services of the conviction. The person shall notify the division within 30 days after the date that the person was convicted. new text end

new text begin (b) Each person who operates a commercial motor vehicle, who has a commercial driver's license issued by this state, and who is convicted of violating, in any type of motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control, other than a parking violation, shall notify the person's employer of the conviction. The person shall notify the person's employer within 30 days after the date that the person was convicted. If the person is not currently employed, the person shall notify the division according to paragraph (a). new text end

new text begin (c) Notification to the division must be made in writing and contain the following information: new text end

new text begin (1) the driver's full name; new text end

new text begin (2) the driver's license number; new text end

new text begin (3) the date of conviction; new text end

new text begin (4) the specific criminal or other offense; serious traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; and any other violation of state or local law relating to motor vehicle traffic control, for which the person was convicted and any suspension, revocation, or cancellation of certain driving privileges that resulted from the conviction; new text end

new text begin (5) an indication whether the violation was in a commercial motor vehicle; new text end

new text begin (6) the location of the offense; and new text end

new text begin (7) the driver's signature. new text end

Sec. 63.

new text begin [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF COMMERCIAL DRIVER. new text end

new text begin Each employee, as defined in Code of Federal Regulations, title 49, section 383.5, who has a Minnesota-issued driver's license suspended, revoked, or canceled by this state or another state or jurisdiction, who loses the right to operate a commercial motor vehicle in this state or another state or jurisdiction for any period, or who is disqualified from operating a commercial motor vehicle for any period, shall notify the person's employer of the suspension, revocation, cancellation, lost privilege, or disqualification. The employee shall notify the employer before the end of the business day following the day the employee received notice of the suspension, revocation, cancellation, lost privilege, or disqualification. new text end

Sec. 64.

Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read:

Subdivision 1.

Endorsement.

No person shall drive a school bus when transporting school children to or from school or upon a school-related trip or activity without having a valid class A, class B, or class C driver's license with a school bus endorsement except that a person possessing a valid driver's license but not a school bus endorsement may drive a deleted text begin vehicle with a seating capacity of ten or less persons used as a school bus but not outwardly equipped or identified as a school busdeleted text end new text begin type III vehiclenew text end .

Sec. 65.

Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:

Subdivision 1.

Statewide transportation plan; priorities; schedule of expenditures.

In order to best meet the present and future transportation needs of the public, to insure a strong state economy, to make most efficient use of public and private funds, and to promote the more efficient use of energy and other resources for transportation purposes, the commissioner shall:

(1) three months after notification that the department is ready to commence operations and prior to the drafting of the statewide transportation plan, hold public hearings as may be appropriate solely for the purpose of receiving suggestions for future transportation alternatives and priorities for the state. The Metropolitan Council, regional development commissions, and port authorities shall appear at the hearings and submit information concerning transportation-related planning undertaken and accomplished by these agencies. Other political subdivisions may appear and submit such information at the hearings. These hearings shall be completed no later than six months from the date of the commissioner's notification;

(2) develop, adopt, revise, and monitor a statewide transportation plan, taking into account the suggestions and information submitted at the public hearings held pursuant to clause (1). The plan shall incorporate all modes of transportation and provide for the interconnection and coordination of different modes of transportation. The commissioner shall evaluate alternative transportation programs and facilities proposed for inclusion in the plan in terms of economic costs and benefits, safety aspects, impact on present and planned land uses, environmental effects, energy efficiency, national transportation policies and priorities, and availability of federal and other financial assistance;

(3) based upon the statewide transportation plan, develop statewide transportation priorities and schedule authorized public capital improvements and other authorized public transportation expenditures pursuant to the prioritiesnew text begin . As permitted by the federal Surface Transportation Program and subject to available funding, the commissioner shall give serious consideration to prioritizing for funding those trunk highway projects in the metropolitan area, as defined in section 473.121, subdivision 2, that are consistent with policies included in the Metropolitan Council's metropolitan development guide, transportation policy plan, and regional development framework, and that have been awarded funding through the federal Surface Transportation Program. In responding to an unforeseen, catastrophic event affecting the state transportation system, the commissioner may, upon written notification to the chairs of the senate and house of representatives committees with jurisdiction over transportation policy and finance, prioritize projects without regard to availability of federal fundingnew text end ;new text begin andnew text end

(4) complete the plan and priorities required by this subdivision no later than July 1, 1978. Upon completion of the plan and priorities, the commissioner shall prepare and periodically revise, as necessary, the schedule of authorized public transportation expenditures. The plan, priorities, and schedule are exempt from the provisions of the Administrative Procedure Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009. new text end

Sec. 66.

Minnesota Statutes 2006, section 174.03, is amended by adding a subdivision to read:

new text begin Subd. 1b. new text end

new text begin Statewide freight and passenger rail plan. new text end

new text begin (a) The commissioner shall develop a comprehensive statewide freight and passenger rail plan to be included and revised as a part of the statewide transportation plan. new text end

new text begin (b) Before the initial version of the plan is adopted, the commissioner shall provide a copy for review and comment to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation policy and finance. Notwithstanding paragraph (a), the commissioner may adopt the next revision of the statewide transportation plan, scheduled to be completed in calendar year 2009, prior to completion of the initial version of the comprehensive statewide freight and passenger rail plan. new text end

Sec. 67.

Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision to read:

new text begin Subd. 1a. new text end

new text begin Transit service needs implementation plan. new text end

new text begin The commissioner shall develop a transit service needs implementation plan that contains a goal of meeting at least 80 percent of unmet transit service needs in greater Minnesota by July 1, 2015, and meeting at least 90 percent of unmet transit service needs in greater Minnesota by July 1, 2025. The plan must include, but is not limited to, the following: an analysis of ridership and transit service needs throughout greater Minnesota; a calculation of unmet needs; an assessment of the level and type of service required to meet unmet needs; an analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as specified in this subdivision. The plan must specifically address special transportation service ridership and needs. The commissioner may amend the plan as necessary, and may use all or part of the 2001 greater Minnesota public transportation plan created by the Minnesota Department of Transportation. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 68.

new text begin [174.247] ANNUAL TRANSIT REPORT. new text end

new text begin (a) By February 15 annually, the commissioner shall submit a report to the legislature on transit services outside the metropolitan area. The Metropolitan Council and any public transit system receiving assistance under section 174.24 shall provide assistance in creating the report, as requested by the commissioner. new text end

new text begin (b) The report must include, at a minimum, the following: new text end

new text begin (1) a descriptive overview of public transit in Minnesota; new text end

new text begin (2) a descriptive summary of funding sources and assistance programs; new text end

new text begin (3) a summary of each public transit system receiving assistance under section 174.24; new text end

new text begin (4) data that identifies use of volunteers in providing transit service; new text end

new text begin (5) financial data that identifies operating and capital costs, and funding sources, for each public transit system and for each transit system classification under section 174.24, subdivision 3b; and new text end

new text begin (6) in each odd-numbered year, beginning in 2009, a calculation of the amounts of surplus or insufficient funds available for (i) paying the state share of transit operating costs under section 174.24, subdivision 3b, and (ii) paying capital and operating costs to fully implement the transit service needs implementation plan under section 147.24, subdivision 1a. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2009. new text end

Sec. 69.

new text begin [174.37] ADVISORY COMMITTEE ON NONMOTORIZED TRANSPORTATION. new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin (a) The commissioner of transportation shall establish an advisory committee on nonmotorized transportation. The committee shall make recommendations to the commissioner on items related to nonmotorized transportation, including safety, education, and development programs. The committee shall review and analyze issues and needs relating to operating nonmotorized transportation on public rights-of-way, and identify solutions and goals for addressing identified issues and needs. new text end

new text begin (b) For purposes of this section, "nonmotorized transportation" includes bicycling, pedestrian activities, and other forms of nonmotorized transportation. new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin The advisory committee must consist of the following members: new text end

new text begin (a) The commissioner of transportation shall appoint up to 18 public members, as follows: one member from each of the department's seven greater Minnesota districts; four members from the department's metropolitan district; and no more than seven members at large. Each of the members at large must represent nonmotorized interests or organizations. new text end

new text begin (b) The commissioners of each of the following state agencies shall appoint an employee of the agency to serve as a member: administration, education, health, natural resources, public safety, transportation, and pollution control. The chair of the Metropolitan Council shall appoint an employee of the council to serve as a member. The director of Explore Minnesota Tourism shall appoint an employee of the agency to serve as a member. The division administrator of the Federal Highway Administration may appoint an employee of the agency to serve as a member. new text end

new text begin (c) Members of the committee shall serve four-year terms. new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of transportation's designee shall convene the first meeting by January 15, 2009. The committee shall elect a chair from its membership, and shall establish a meeting schedule and meet at least annually. new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin The committee shall issue an annual report to the commissioner of transportation. new text end

new text begin Subd. 5. new text end

new text begin Expenses. new text end

new text begin Members of the advisory committee serve without compensation, but members who are not employees of government agencies must be reimbursed for expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. The commissioner of transportation shall provide department staff support to the committee. new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the committee expires June 30, 2014. new text end

Sec. 70.

Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision to read:

new text begin Subd. 50. new text end

new text begin Out-of-service order. new text end

new text begin "Out-of-service order" has the meaning given it in Code of Federal Regulations, title 49, section 383.5. new text end

Sec. 71.

Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read:

Subdivision 1.

Powers, duties, reports, limitations.

(a) This subdivision applies to motor carriers engaged in intrastate commerce.

(b) The commissioner shall prescribe rules for the operation of motor carriers, including their facilities; accounts; leasing of vehicles and drivers; service; safe operation of vehicles; equipment, parts, and accessories; hours of service of drivers; driver qualifications; accident reporting; identification of vehicles; installation of safety devices; inspection, repair, and maintenance; and proper automatic speed regulators if, in the opinion of the commissioner, there is a need for the rules.

(c) The commissioner shall direct the repair and reconstruction or replacement of an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require the construction and maintenance or furnishing of suitable and proper freight terminals, passenger depots, waiting rooms, and accommodations or shelters in a city in this state or at a point on the highway traversed which the commissioner, after investigation by the department, may deem just and proper for the protection of passengers or property.

(d) The commissioner shall require holders of household goods mover permits to file deleted text begin annual and other reports including annual accounts of motor carriers,deleted text end schedules of rates and charges, or other data by motor carriers, regulate motor carriers in matters affecting the relationship between them and the traveling and shipping public, and prescribe other rules as may be necessary to carry out the provisions of this chapter.

(e) deleted text begin A motor carrier subject to paragraph (d) but having gross revenues from for-hire transportation in a calendar year of less than $200,000 may, at the discretion of the commissioner, be exempted from the filing of an annual report, if instead the motor carrier files an abbreviated annual report, in a form as may be prescribed by the commissioner, attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes of this subdivision only, do not include gross revenues received from the operation of school buses as defined in section 169.01, subdivision 6.deleted text end

deleted text begin (f)deleted text end The commissioner shall enforce sections 169.781 to 169.783.

Sec. 72.

Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:

Subdivision 1.

Order.

The commissioner may issue an order requiring violations to be corrected and administratively assessing monetary penalties for a violation of (1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4) section 221.171; (5) section 221.141; new text begin (6) a federal, state, or local law, regulation, rule, or ordinance pertaining to railroad-highway grade crossings; new text end or deleted text begin (6)deleted text end new text begin (7)new text end rules of the commissioner relating to the transportation of hazardous waste, motor carrier operations, insurance, or tariffs and accounting. An order must be issued as provided in this section.

Sec. 73.

Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:

Subd. 3.

Amount of penalty; considerations.

(a) The commissioner may issue an order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141; 221.151; or 221.171, or rules of the commissioner relating to motor carrier operations, insurance, or tariffs and accounting, identified during a single inspection, audit, or investigation.

(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000 for all violations of section 221.033, subdivision 2b, identified during a single inspection or audit.

(c) In determining the amount of a penalty, the commissioner shall consider:

(1) the willfulness of the violation;

(2) the gravity of the violation, including damage to humans, animals, air, water, land, or other natural resources of the state;

(3) the history of past violations, including the similarity of the most recent violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified;

(4) the economic benefit gained by the person by allowing or committing the violation; and

(5) other factors as justice may require, if the commissioner specifically identifies the additional factors in the commissioner's order.

(d) The commissioner shall assess a penalty deleted text begin of not less than $1,000 against a driver who is convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of not more than $10,000 against an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order.deleted text end new text begin in accordance with Code of Federal Regulations, title 49, section 383.53 against:new text end

new text begin (1) a driver who is convicted of a violation of an out-of-service order; new text end

new text begin (2) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order; or new text end

new text begin (3) an employer who knowingly allows or requires an employee to operate a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings. new text end

Sec. 74.

Minnesota Statutes 2006, section 221.121, subdivision 1, is amended to read:

Subdivision 1.

Petition; deleted text begin notice and hearing;deleted text end scope.

(a) A person desiring to operate as a permit carrier, except as provided in subdivision 5 or section 221.296, shall file a petition with the commissioner specifying the kind of permit desired, the name and address of the petitioner and the names and addresses of the officers, if a corporation, and other information as the commissioner may require. Letters of shipper support must be filed with the petition. No person shall knowingly make a false or misleading statement in a petition.

(b) The commissionerdeleted text begin , after notice to interested parties and a hearing,deleted text end shall issue the permit upon compliance with the laws and rules relating to it, if it finds that petitioner is fit and able to conduct the proposed operations, that petitioner's vehicles meet the safety standards established by the department, deleted text begin that the area to be served has a need for the transportation services requested in the petition, and that existing permit and certificated carriers in the area to be served have failed to demonstrate that they offer sufficient transportation services to meet fully and adequately those needs,deleted text end provided that no person who holds a permit at the time sections 221.011 to 221.291 take effect may be denied a renewal of the permit upon compliance with other provisions of sections 221.011 to 221.291.

(c) A permit once granted continues in full force and effect until abandoned or unless suspended or revoked, subject to compliance by the permit holder with the applicable provisions of law and the rules of the commissioner governing permit carriers.

(d) No permit may be issued to a common carrier by rail permitting the common carrier to operate trucks for hire within this state, nor may a common carrier by rail be permitted to own, lease, operate, control, or have an interest in a permit carrier by truck, either by stock ownership or otherwise, directly, indirectly, through a holding company, or by stockholders or directors in common, or in any other manner. Nothing in sections 221.011 to 221.291 prevents the commissioner from issuing a permit to a common carrier by rail authorizing the carrier to operate trucks wholly within the limits of a municipality or within adjacent or contiguous municipalities or a common rate point served by the railroad and only as a service supplementary to the rail service now established by the carriers.

Sec. 75.

Minnesota Statutes 2006, section 221.121, subdivision 6a, is amended to read:

Subd. 6a.

Household goods carrier.

A person who desires to hold out or to operate as a carrier of household goods shall deleted text begin follow the procedure established in subdivision 1, and shall specifically request a household goods mover permit. The permit granted by the commissioner to a person who meets the criteria established in this subdivision and subdivision 1 shall authorize the person to hold out and to operate as a household goods mover. A person who provides or offers to provide household goods packing services and who makes any arrangement directly or indirectly by lease, rental, referral, or by other means to provide or to obtain drivers, vehicles, or transportation service for moving household goods, must have a household goods mover permitdeleted text end new text begin file an application with the commissioner on a form the commissioner prescribes. Notwithstanding this or any other section or rule to the contrary, the commissioner must not provide public notice or hearing when reviewing the application or before granting the requested operating authority. All permits granted to household goods carriers must allow statewide operation. Notwithstanding any geographical restrictions imposed upon a permit at the time it was granted or any section or rule to the contrary, the holder of a household goods permit may operate statewidenew text end .

Sec. 76.

Minnesota Statutes 2006, section 221.151, subdivision 1, is amended to read:

Subdivision 1.

Petition.

new text begin (a) new text end Permits, except livestock permits, issued under section 221.121 may be assigned or transferred but only upon the order of the commissioner approving the transfer or assignment after notice and hearing.

new text begin (b) new text end The proposed seller and buyer or lessor and lessee of a permit, except for livestock carrier permits, shall file a joint notarized petition with the commissioner setting forth the name and address of the parties, the identifying number of the permit, and the description of the authority which the parties seek to sell or lease, a short statement of the reasons for the proposed sale or lease, a statement of outstanding claims of creditors which are directly attributable to the operation to be conducted under the permit, a copy of the contract of sale or lease, and a financial statement with a balance sheet and an income statement, if existent, of the buyer or lessee. If it appears to the commissionerdeleted text begin , after notice to interested parties and a hearing,deleted text end from the contents of the petitiondeleted text begin , from the evidence produced at the hearing,deleted text end and from the department's records, files, and investigation that the approval of the sale or lease of the permit will not adversely affect the rights of the users of the service deleted text begin and will not have an adverse effect upon other competing carriersdeleted text end , the commissioner may make an order granting the sale or lease. Provided, however, that the commissioner shall make no order granting the sale or lease of a permit to a person or corporation or association which holds a certificate or permit other than local cartage carrier permit from the commissioner under this chapter or to a common carrier by rail.

deleted text begin Provided further that the commissioner shall make no order approving the sale or lease of a permit if the commissioner finds that the price paid for the sale or lease of a permit is disproportionate to the reasonable value of the permit considering the assets and goodwill involved. The commissioner shall approve the sale or lease of a permit only after a finding that the transferee is fit and able to conduct the operations authorized under the permit and that the vehicles the transferee proposes to use in conducting the operations meet the safety standards of the commissioner. In determining the extent of the operating authority to be conducted by the transferee under the sale or lease of the permit, the past operations of the transferor within the two-year period immediately preceding the transfer must be considered. Only such operating authority may be granted to the transferee as was actually exercised by the transferor under the transferor's authority within the two-year period immediately preceding the transfer as evidenced by bills of lading, company records, operation records, or other relevant evidence. For purposes of determining the two-year period, the date of divesting of interest or control is the date of the sale. deleted text end

new text begin (c)new text end The commissioner shall look to the substance of the transaction rather than the form. An agreement for the transfer or sale of a permit must be reported and filed with the commissioner within 30 days of the agreement.

new text begin (d) new text end If an authority to operate as a permit carrier is held by a corporation, a sale, assignment, pledge, or other transfer of the stock interest in the corporation which will accomplish a substantial or material change or transfer of the majority ownership of the corporation, as exercised through its stockholders, must be reported in the manner prescribed in the rules of the commissioner within 30 days after the sale, assignment, pledge, or other transfer of stock. The commissioner shall then make a finding whether or not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of the corporation to a new party or parties and, if they so find, then the continuance of the permit issued to the corporation may only be upon the corporation's complying with the standards and procedures otherwise imposed by this section.

Sec. 77.

Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read:

Subd. 2.

Enforcement powers.

new text begin (a) new text end Transportation program specialists and hazardous material program specialists of the departmentdeleted text begin , for the purpose of enforcingdeleted text end new text begin are authorized to enforce new text end (1) this chapter, sections 169.781 to 169.783 relating to commercial vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses and trip permits, (2) Code of Federal Regulations, title 49, parts 40 and 382, deleted text begin anddeleted text end (3) the applicable rules, orders, or directives of the commissioner of transportation and the commissioner of revenue, issued under this chapter and chapter 168D or 296A, deleted text begin but for no other purpose, have the powers conferred by law upon police officers. The powers include the authority todeleted text end new text begin and (4) the North American Uniform Out-Of-Service Criteria, including issuing out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5, and they may new text end conduct inspections at designated highway weigh stations or under other appropriate circumstances.

new text begin (b) Transportation program specialists and hazardous material program specialists of the department must not be armed and, except as provided in this section, have none of the other powers and privileges reserved to peace officers, including the power to enforce traffic laws and regulations. new text end

Sec. 78.

Minnesota Statutes 2006, section 222.50, subdivision 7, is amended to read:

Subd. 7.

Expenditures.

(a) The commissioner may expend money from the rail service improvement account for the following purposes:

(1) to make transfers as provided under section 222.57 or to pay interest adjustments on loans guaranteed under the state rail user and rail carrier loan guarantee program;

(2) to pay a portion of the costs of capital improvement projects designed to improve rail service including construction or improvement of short segments of rail line such as side track, team track, and connections between existing lines, and construction and improvement of loading, unloading, storage, and transfer facilities of a rail user;

(3) to acquire, maintain, manage, and dispose of railroad right-of-way pursuant to the state rail bank program;

(4) to provide for aerial photography survey of proposed and abandoned railroad tracks for the purpose of recording and reestablishing by analytical triangulation the existing alignment of the inplace track;

(5) to pay a portion of the costs of acquiring a rail line by a regional railroad authority established pursuant to chapter 398A;

(6) to pay the state matching portion of federal grants for rail-highway grade crossing improvement projectsnew text begin ; andnew text end

new text begin (7) to fund rail planning studiesnew text end .

(b) All money derived by the commissioner from the disposition of railroad right-of-way or of any other property acquired pursuant to sections 222.46 to 222.62 shall be deposited in the rail service improvement account.

Sec. 79.

Minnesota Statutes 2006, section 239.791, subdivision 10, is amended to read:

Subd. 10.

Exemption for airportdeleted text begin , marina, mooring facility, and resortdeleted text end .

A person responsible for the product may offer for sale, sell, or dispense at an airport, deleted text begin marina, mooring facility, or resort,deleted text end for use in airplanes deleted text begin or for purposes listed under subdivision 12, paragraph (a)deleted text end , gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline is unleaded premium grade as defined in section 239.751, subdivision 4.

Sec. 80.

Minnesota Statutes 2006, section 239.791, is amended by adding a subdivision to read:

new text begin Subd. 10a. new text end

new text begin Exemption for resorts, marinas, and houseboat rental companies. new text end

new text begin A person responsible for the product may offer for sale, sell, or dispense at a resort, marina, or houseboat rental company gasoline that is not oxygenated in accordance with subdivision 1 if the gasoline: has an octane rating of 87 or higher; is delivered into onsite bulk storage; and is not used for a licensed motor vehicle as defined in section 168.011, subdivision 4. new text end

Sec. 81.

Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:

Subdivision 1.

Members, powers, and duties.

(a) The commissioner is hereby authorized to employ and designate a chief supervisor, a chief assistant supervisor, and such assistant supervisors, sergeants and officers as are provided by law, who shall comprise the Minnesota State Patrol.

(b) The members of the Minnesota State Patrol shall have the power and authority:

(1) as peace officers to enforce the provisions of the law relating to the protection of and use of trunk highways;

(2) at all times to direct all traffic on trunk highways in conformance with law, and in the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct traffic on other roads as conditions may require notwithstanding the provisions of law;

(3) to serve search warrants related to criminal motor vehicle and traffic violations and arrest warrants, and legal documents anywhere in the state;

(4) to serve orders of the commissioner of public safety or the commissioner's duly authorized agents issued under the provisions of the Driver's License Law, the Safety Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere in the state and to take possession of any license, permit, or certificate ordered to be surrendered;

(5) to inspect official brake and light adjusting stations;

(6) to make appearances anywhere within the state for the purpose of conducting traffic safety educational programs and school bus clinics;

(7) to exercise upon all trunk highways the same powers with respect to the enforcement of laws relating to crimes, as sheriffs and police officers;

(8) to cooperate, under instructions and rules of the commissioner of public safety, with all sheriffs and other police officers anywhere in the state, provided that said employees shall have no power or authority in connection with strikes or industrial disputes;

(9) to assist and aid any peace officer whose life or safety is in jeopardy;

(10) as peace officers to provide security and protection to the governor, governor elect, either or both houses of the legislature, and state buildings or property in the manner and to the extent determined to be necessary after consultation with the governor, or a designee. Pursuant to this clause, members of the State Patrol, acting as peace officers have the same powers with respect to the enforcement of laws relating to crimes, as sheriffs and police officers have within their respective jurisdictions;

(11) to inspect school buses anywhere in the state for the purposes of determining compliance with vehicle equipment, pollution control, and registration requirements;

(12) as peace officers to make arrests for public offenses committed in their presence anywhere within the state. Persons arrested for violations other than traffic violations shall be referred forthwith to the appropriate local law enforcement agency for further investigation or dispositiondeleted text begin .deleted text end new text begin ; andnew text end

new text begin (13) to enforce the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5. new text end

(c) The state may contract for State Patrol members to render the services described in this section in excess of their regularly scheduled duty hours and patrol members rendering such services shall be compensated in such amounts, manner and under such conditions as the agreement provides.

(d) Employees thus employed and designated shall subscribe an oath.

Sec. 82.

Minnesota Statutes 2006, section 299D.06, is amended to read:

299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.

(a) Department personnel must be classified employees assigned to the Division of State Patrol if they are employed to enforce:

(1) laws relating to motor vehicle equipment; school bus equipment; drivers' licenses; motor vehicle registration; motor vehicle size and weight; motor carrier insurance, registration, and safety; and motor vehicle petroleum taxes;

(2) Pollution Control Agency rules relating to motor vehicle noise abatement; deleted text begin anddeleted text end

(3) laws relating to directing the movement of vehiclesdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (4) the North American uniform out-of-service criteria and issue out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5. new text end

(b) Employees engaged in these duties, while actually on the job during their working hours only, shall have power to:

(1) issue citations in lieu of arrest and continued detention; and

(2) prepare notices to appear in court for violation of these laws and rules, in the manner provided in section 169.91, subdivision 3.

(c) They shall not be armed and, except as provided in this section, shall have none of the other powers and privileges reserved to peace officers including the power to enforce traffic laws and regulations.

Sec. 83.

Minnesota Statutes 2006, section 465.74, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Facility relocation costs. new text end

new text begin Notwithstanding any contrary provisions in section 237.163, and rules adopted under that section, public right-of-way users under Minnesota Rules, chapter 7819, including, but not limited to, district heating and district cooling nonprofit corporations organized under chapter 317A that are exempt organizations under section 501(c)(3) of the United States Internal Revenue Code, are eligible to receive grants and federal money for costs of relocating facilities from public rights-of-way to prevent interference with public light rail projects, unless eligibility would impact the project's Federal Transit Authority required cost effectiveness index. new text end

Sec. 84.

Minnesota Statutes 2006, section 473.13, subdivision 1a, is amended to read:

Subd. 1a.

Program evaluation.

The budget procedure of the council must include a substantive assessment and evaluation of the effectiveness of each significant program of the council, with, to the extent possible, quantitative information on the status, progress, costs, benefits, and effects of each program. new text begin An assessment of progress towards meeting transit goals for people with disabilities must be included, with required elements including, but not limited to:new text end

new text begin (1) a description of proposed program enhancements; new text end

new text begin (2) an assessment of progress; new text end

new text begin (3) identification of the estimated total number of potential and actual riders who are disabled; new text end

new text begin (4) an assessment of the level and type of service required to meet unmet ridership needs; and new text end

new text begin (5) an analysis of costs and revenue options, including a calculation of the amounts of surplus or insufficient funds available for achieving paratransit needs. new text end

The council shall transmit the evaluation to the legislature annually.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 85.

Minnesota Statutes 2006, section 473.399, is amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Availability of light rail transit information. new text end

new text begin The Metropolitan Council shall maintain in a centralized location on an Internet Web site, for each light rail transit line operated by the council and for each year of operation of the line: new text end

new text begin (1) financial data, including revenue by source and operating and capital expenses; and new text end

new text begin (2) ridership information, including ridership and passenger miles. new text end

Sec. 86.

Laws 1976, chapter 199, section 14, subdivision 1, as amended by Laws 1984, chapter 572, section 3, subdivision 1, is amended to read:

Subdivision 1.

Safety regulation study.

The commissioner of transportation, with the cooperation of representatives of regional and local units of government and law enforcement agencies, the state trail council, the Governor's trail advisory committee, the commissioner of public safety, highway user groups and associations, and cycling groups and associations shall review and analyze problems relating to the operation of bicycles on the public roads and ways.

As part of this review and analysis the commissioner shall review the Minnesota motor vehicle code to identify provisions which give motorists and bicyclists inadequate guidelines where such traffic conflicts or which may be inconsistent or ambiguous when applied to traffic situations involving special bicycle facilities within or adjacent to public streets and highways.

No later than January 15, 1977 the commissioner shall report the results of this review and analysis and recommendations for any necessary action to the legislative committees having jurisdiction over the subject.

deleted text begin Following the completion of the study the advisory committee on bicycling formed by the commissioner under this subdivision shall continue to function under that name in an advisory capacity to make recommendations to the commissioners of transportation and public safety and the legislature on bicycle safety and bicycle education and development programs. deleted text end

Sec. 87.

new text begin ENGINE BRAKES; REGULATION BY MINNEAPOLIS. new text end

new text begin Notwithstanding any other law or charter provision, the governing body of the city of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394, beginning at the South Penn Avenue interchange in the city of Minneapolis and thence extending easterly to the terminus of marked Interstate Highway 394. Upon notification to the commissioner of transportation by the city of Minneapolis, the commissioner of transportation shall erect the appropriate signs, with the cost of the signs to be paid by the city. For purposes of this section, "engine brake" means any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 88.

new text begin LITTLE CROW TRANSIT WAY. new text end

new text begin The commissioner of transportation and the Metropolitan Council shall reference in planning or study documents any commuter rail or other transit service proposal along or near marked Trunk Highway 12 between Willmar and downtown Minneapolis as the Little Crow transit way. new text end

Sec. 89.

new text begin HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES; REVISOR INSTRUCTIONS. new text end

new text begin Subdivision 1. new text end

new text begin Legislative Route No. 295 removed. new text end

new text begin (a) Minnesota Statutes 2006, section 161.115, subdivision 226, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the city of St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and notifies the revisor of statutes under paragraph (b). new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor in writing that the conditions required to transfer the route are satisfied. new text end

new text begin Subd. 2. new text end

new text begin Legislative Route No. 335 removed. new text end

new text begin (a) Minnesota Statutes 2006, section 161.115, subdivision 266, is repealed effective the day after the commissioner of transportation receives a copy of the agreement between the commissioner and the city of St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and notifies the revisor of statutes under paragraph (b). new text end

new text begin (b) The revisor of statutes shall delete the route identified in paragraph (a) from Minnesota Statutes when the commissioner of transportation sends notice to the revisor in writing that the conditions required to transfer the route are satisfied. new text end

Sec. 90.

new text begin RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any other law to the contrary, the trunk highway right-of-way described in paragraph (b) is hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being a certain parcel of land located in the county of Otter Tail, state of Minnesota, being more particularly described in paragraph (b). new text end

new text begin (b) All of Tracts A, B, and C described below: new text end

new text begin TRACT A new text end

new text begin That part of Government Lot 1 of Section 12, Township 132 North, Range 43 West, Otter Tail County, Minnesota, lying Northeasterly of the former Southwesterly right-of-way line of the BNSF Railway Company (formerly the St. Paul, Minneapolis and Manitoba Railway Company); new text end

new text begin TRACT B new text end

new text begin A strip of land 150 feet in width, being 75 feet on each side of the former centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12, Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip extending from the South line to the West line of said SW1/4NW1/4; together with that part of said SW1/4NW1/4 adjoining and Westerly of the above described strip and Easterly of the Easterly right-of-way line of said railroad company as located prior to 1888; new text end

new text begin TRACT C new text end

new text begin A strip of land 100 feet in width, being 50 feet on each side of the former centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis and Manitoba Railway Company) across the E1/2NE1/4 of Section 11, Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip extending from the East to the North line of said E1/2NE1/4; new text end

new text begin together with that part of Tract D described below: new text end

new text begin TRACT D new text end

new text begin A strip of land 100 feet in width, being 50 feet on each side of the former centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis and Manitoba Railway Company) across the E1/2 of Section 2, Township 132 North, Range 43 West, Otter Tail County, Minnesota; new text end

new text begin which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of Line 1 described below: new text end

new text begin LINE 1. new text end

new text begin Beginning at a point on the North and South Quarter line of said Section 2, distant 1,060.11 feet North of the South Quarter corner thereof; thence run Northeasterly at an angle of 72°36'15" (measured from North to East) from said North and South Quarter line for 1,600 feet and there terminating; new text end

new text begin together with all right of access, being the right of ingress to and egress from that part of Tract D hereinbefore described, not acquired herein, to the above described strip. new text end

Sec. 91.

new text begin BRIDGE INFRASTRUCTURE PLANNING. new text end

new text begin Subdivision 1. new text end

new text begin Trunk highway bridge improvements. new text end

new text begin In conjunction with the planning or design for construction, reconstruction, or replacement of a trunk highway bridge in the metropolitan area, within the meaning of Minnesota Statutes, section 473.121, the commissioner of transportation shall consult with the chair of the Metropolitan Council to identify necessary or feasible transit infrastructure and improvements in the corridor. new text end

new text begin Subd. 2. new text end

new text begin Planning and development. new text end

new text begin The commissioner and the chair shall develop a process to coordinate planning and development of highway and transit projects to enhance the efficient use of resources, facilitate selection of appropriate infrastructure choices, and provide a balanced transportation system for the metropolitan area. new text end

Sec. 92.

new text begin CREATION OF PLAN, REPORTS, AND ASSESSMENTS. new text end

new text begin The Department of Transportation and the Metropolitan Council shall create the plan, reports, and assessments required in Minnesota Statutes, sections 174.24, subdivision 1a; 174.247; and 473.13, subdivision 1a, within current appropriation levels. new text end

Sec. 93.

new text begin REPORT ON OFFICE OF PUPIL TRANSPORTATION SAFETY. new text end

new text begin By January 15, 2009, the commissioner of public safety and the director of pupil transportation safety must report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over transportation and education policy and finance concerning the Office of Pupil Transportation Safety, including adequacy of funding, staffing levels, available technology to carry out the requirements of Minnesota Statutes, section 169.435, and any recommended legislation to improve the ability of the pupil transportation safety director to perform statutory duties. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 94.

new text begin COMPLETE STREETS. new text end

new text begin The commissioner of transportation, in cooperation with the Metropolitan Council and representatives of counties, statutory and home rule charter cities, and towns, shall study the benefits, feasibility, and cost of adopting a complete streets policy applicable to plans to construct, reconstruct, and relocate streets and roads that includes the following elements: new text end

new text begin (1) safe access for all users, including pedestrians, bicyclists, motorists, and transit riders; new text end

new text begin (2) bicycle and pedestrian ways in urbanized areas except where bicyclists and pedestrians are prohibited by law, where costs would be excessively disproportionate, and where there is no need for bicycle and pedestrian ways; new text end

new text begin (3) paved shoulders on rural roads; new text end

new text begin (4) safe pedestrian travel, including for people with disabilities, on sidewalks and street crossings; new text end

new text begin (5) utilization of the latest and best design standards; and new text end

new text begin (6) consistency of complete streets plan with community context. new text end

new text begin The commissioner shall report findings, conclusions, and recommendations to the senate Transportation Budget and Policy Division and the house of representatives Transportation Finance Division and Transportation and Transit Policy Subcommittee by December 5, 2009. new text end

Sec. 95.

new text begin APPROPRIATION. new text end

new text begin $575,000 is appropriated from the trunk highway fund to the commissioner of public safety in fiscal year 2009 to implement and operate the Office of Pupil Transportation Safety. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 96.

new text begin REVISOR'S INSTRUCTION. new text end

new text begin The revisor of statutes shall change the terms "type III school bus," "type III bus," and "type III Head Start bus" to "type III vehicle," and the terms "type III school buses," "type III buses," and "type III Head Start buses" to "type III vehicles," in Minnesota Statutes, chapters 169, 169A, and 171, and in Minnesota Rules, parts 7470.1400 and 7470.1500. new text end

Sec. 97.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2006, sections 168.123, subdivision 2a; 168B.087, subdivision 2; 169.145; 169.446, subdivision 3; and 221.121, subdivision 4, new text end new text begin are repealed. new text end

ARTICLE 2

RAILWAY WALKWAY SAFETY

Section 1.

new text begin [219.501] RAIL CARRIER WALKWAYS. new text end

new text begin Subdivision 1. new text end

new text begin Duty to provide walkways. new text end

new text begin (a) Rail carriers must provide walkways adjacent to those portions of yard tracks where rail carrier employees frequently work on the ground performing switching activities. For purposes of this section, "frequently work" means at least five days per week, one shift per day. new text end

new text begin (b) This section applies to reconstruction and new construction of yard track completed after July 1, 2008. new text end

new text begin (c) This section does not apply to an entity that owns or operates track in this state other than class one and class two rail carriers as classified by the Federal Railroad Administration. new text end

new text begin Subd. 2. new text end

new text begin General requirements. new text end

new text begin (a) Walkways constructed pursuant to this section may be surfaced with asphalt, concrete, planking, grating, native material, crushed material, or other similar nonrevenue material. When crushed material is used, 100 percent of the material must be capable of passing through a 1-1/2-inch square sieve opening, and at least 90 percent of the material must be capable of passing through a one-inch square sieve opening provided, however, a de minimus variation is not a violation of this section where the rail carrier has made a good faith effort to comply with the percentage requirements. Smaller crushed material is preferable, where drainage and durability issues do not arise. Material that is three-quarter inch or less in size is recommended for switching lead tracks. new text end

new text begin (b) Walkways must have a reasonably uniform surface and must be maintained in a safe condition without compromising track drainage. new text end

new text begin (c) Cross slopes for walkways must not exceed one inch of elevation for each eight inches of horizontal length in any direction. new text end

new text begin (d) Walkways must be a minimum width of two feet. new text end

new text begin (e) Walkways regulated under this section must be kept reasonably clear of spilled fuel, oil, sand, posts, rocks, and other hazards or obstructions. new text end

new text begin Subd. 3. new text end

new text begin Allowances for unusual conditions. new text end

new text begin Rail carriers are not required to comply with the requirements of this section during (1) maintenance activities or any period of heavy rain or snow, derailments, rock and earth slides, washouts, and similar weather or seismic conditions, and (2) during a reasonable period after any occurrences identified in clause (1) in order to allow a return to compliance. new text end

new text begin Subd. 4. new text end

new text begin Waiver of requirements. new text end

new text begin Upon written request of a rail carrier, the commissioner may waive any portion of this section where conditions do not reasonably allow compliance. A decision of the commissioner is subject to the requirements under section 218.041. new text end

Sec. 2.

Minnesota Statutes 2006, section 219.51, is amended to read:

219.51 deleted text begin CLEARANCEdeleted text end VIOLATIONS AND PENALTIES.

Subdivision 1.

deleted text begin Clearancedeleted text end Violation.

A common carrier, corporation, or person subject to sections 219.45 to 219.53 violating any of the provisions of those sections, is liable to a penalty of not more than $500 for each violation.

Subd. 2.

Failure to correct.

If a common carrier, person, or corporation (1) fails to correct a violation of sections 219.45 to 219.53 when ordered by the commissioner of transportation within the time provided in the order, and (2) does not appeal the order, then failure to correct the violation as ordered by the commissioner constitutes a new and separate offense distinct from the original violation of sections 219.45 to 219.53.

Subd. 3.

Duties of attorney general.

The penalty must be recovered in a suit brought in the name of the state by the attorney general in a court having jurisdiction in the locality where the violation was committed. Under the direction of the commissioner, the attorney general shall bring suit upon receipt of duly verified information from any person of a violation being committed. The commissioner shall lodge with the attorney general information of any violation as may come to their knowledge.

new text begin Subd. 4. new text end

new text begin Walkway orders. new text end

new text begin When the commissioner finds that rail carrier employees who frequently work adjacent to a portion of track performing switching activities are exposed to safety hazards due to the lack of a walkway or to the condition of a walkway constructed before July 1, 2008, the commissioner may, under the provisions of this section, order a rail carrier to construct a walkway adjacent to a portion of track where employees are performing switching activities, or require a rail carrier to modify an existing walkway in conformance with the standards set forth in section 219.501, within a reasonable period of time. new text end

new text begin Subd. 5. new text end

new text begin Filing of complaints. new text end

new text begin No formal complaint of an alleged violation of sections 219.45 to 219.53 may be filed until the filing party has attempted to address the alleged violations with the rail carrier. Any complaint of an alleged violation must contain a written statement that the filing party has made a reasonable, good faith attempt to address the alleged violation. new text end

Sec. 3.

Minnesota Statutes 2006, section 609.85, subdivision 6, is amended to read:

Subd. 6.

new text begin Trespass; new text end allowing animals on tracknew text begin exceptionnew text end .

Whoever intentionally new text begin trespasses, or who new text end permits animals under the person's control to trespass on a railroad tracknew text begin , yard, or bridge new text end is guilty of a misdemeanor.new text begin This subdivision does not apply to an elected union official's access to those facilities when acting in an official capacity, to an employee acting within the scope of employment, or to a person with written permission from the railroad company to enter upon the railroad facility.new text end

Presented to the governor May 19, 2008

Signed by the governor May 23, 2008, 12:01 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes