SF 3764

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; appropriating money for transportation purposes;
authorizing sale of trunk highway bonds; providing for transit fund and accounts;
modifying proposed constitutional amendment; reallocating distribution of
proceeds of tax on sales of motor vehicles; modifying provisions relating to
highway acquisitions and reconveyances, financial assistance for local bridges,
vehicle registration plates, vehicle titles, vehicle towers and impounds, traffic
regulations, allowable vehicle weights on highways, drivers' licenses and
education, signs on highways, airports, special transportation service, permanent
suspension of vehicle insurance sampling program, and a child passenger
restraint awareness campaign; requiring studies and reports; amending Minnesota
Statutes 2004, sections 16A.88; 117.036; 161.082, subdivision 2a; 161.442;
168A.153; 168B.04, subdivision 2; 168B.06, subdivision 1; 168B.07, by adding
a subdivision; 169.041, subdivisions 1, 2; 169.13; 169.471, subdivision 2;
169.685, subdivision 5; 169.686, subdivision 1; 169.824, as amended; 169.829,
subdivision 2; 169.86, by adding a subdivision; 169.89, by adding a subdivision;
171.01, subdivision 29; 171.0701; 171.14; 173.08, by adding a subdivision;
174.24, subdivision 1; 297B.09, subdivision 1; 360.013, subdivision 39; 360.017,
subdivision 1; 360.065, by adding a subdivision; 473.386, subdivision 3;
Minnesota Statutes 2005 Supplement, sections 168.12, subdivision 2a; 168.123,
subdivision 1; 168.1251, subdivisions 1, 5; 168A.20, subdivision 5; 169.01,
subdivisions 4c, 78; 169.81, subdivision 3c; 171.05, subdivision 2b; 171.055,
subdivision 2; 171.07, subdivision 1; 171.18, subdivision 1; Laws 2005, chapter
88, article 3, section 10; Laws 2005, First Special Session chapter 6, article 3,
section 109; proposing coding for new law in Minnesota Statutes, chapter 168.

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

ARTICLE 1

TRUNK HIGHWAY BONDING

Section 1. new text begin TRUNK HIGHWAY APPROPRIATIONS new text end

new text begin The sums shown in the columns marked "APPROPRIATIONS" are appropriated
from the bond proceeds fund in the trunk highway fund to the commissioner of
transportation to be spent for trunk highway purposes.
new text end

new text begin SUMMARY BY FUND new text end
		new text begin 2006 new text end		new text begin 2007 new text end		new text begin TOTAL new text end
new text begin Trunk Highway new text end	new text begin $ new text end		new text begin $ new text end	new text begin 35,189,000 new text end	new text begin $ new text end	new text begin 35,189,000 new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2006 new text end		new text begin 2007 new text end

Sec. 2. new text begin TRUNK HIGHWAY PROJECTS FINANCED BY STATE TRUNK HIGHWAYS BONDS new text end

new text begin Subdivision 1. new text end new text begin Mankato district headquarters building new text end

new text begin $ new text end

new text begin $ new text end

new text begin 18,228,000 new text end

new text begin To design, construct, furnish, and equip a
new district headquarters facility in Mankato.
new text end

new text begin Subd. 2. new text end new text begin Transportation Building exterior new text end

new text begin 10,161,000 new text end

new text begin To replace the structural support system
for the granite panels on the exterior of the
Transportation Building.
new text end

new text begin Subd. 3. new text end new text begin Marked Trunk Highway 610 project new text end

new text begin 6,000,000 new text end

new text begin To match federal funds to assist in the
completion of marked Trunk Highway 610
as a four-lane freeway from its intersection
with marked Trunk Highway 169 to its
intersection with marked Interstate Highway
94.
new text end

new text begin Subd. 4. new text end new text begin Marked Trunk Highway 61 corridor predesign new text end

new text begin 300,000 new text end

new text begin For predesign of the corridor that extends
along marked Trunk Highway 61 from its
intersection with marked Trunk Highway
316 to its intersection with marked Trunk
Highway 50, then along marked Trunk
Highway 50 to its intersection with marked
Trunk Highway 52.
new text end

new text begin Subd. 5. new text end new text begin French Rapids Bridge predesign new text end

new text begin 150,000 new text end

new text begin To match federal funds for environmental
study, corridor predesign and mapping,
and right-of-way acquisition for the French
Rapids Bridge over the Mississippi River
north of the city of Brainerd.
new text end

new text begin Subd. 6. new text end new text begin Bond sale expenses new text end

new text begin 350,000 new text end

new text begin To the commissioner of finance for bond sale
expenses under Minnesota Statutes, section
16A.641, subdivision 8.
new text end

Sec. 3. new text begin BOND SALE AUTHORIZATION.
new text end

new text begin To provide the money appropriated in this article from the bond proceeds account in
the trunk highway fund, the commissioner of finance shall sell and issue bonds of the state
in an amount up to $35,189,000 in the manner, on the terms, and with the effect prescribed
by Minnesota Statutes, sections 167.50 to 167.52, and by the Minnesota Constitution,
article XIV, section 11, at the times and in the amounts requested by the commissioner
of transportation. The proceeds of the bonds, except accrued interest and any premium
received from the sale of the bonds, must be deposited in the bond proceeds account in
the trunk highway fund.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

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

ARTICLE 2

DEPOSIT OF MOTOR VEHICLE SALES TAX REVENUES

Section 1.

Minnesota Statutes 2004, section 16A.88, is amended to read:

16A.88 TRANSIT deleted text begin FUNDS deleted text end new text begin FUND new text end .

Subdivision 1.

new text begin Transit fund. new text end

new text begin A transit fund is established within the state treasury.
The fund receives money distributed under section 297B.09, and other money as specified
by law. Money in the fund must be allocated to the greater Minnesota transit account
under subdivision 2 and the metropolitan area transit account under subdivision 3, and
must be used for transit purposes.
new text end

new text begin Subd. 2. new text end

Greater Minnesota transit deleted text begin fund deleted text end new text begin account new text end .

The greater Minnesota transit
deleted text begin fund deleted text end new text begin account new text end is established within the deleted text begin state treasury deleted text end new text begin transit fund new text end . Money in the deleted text begin fund deleted text end
new text begin account new text end is annually appropriated to the commissioner of transportation for assistance to
transit systems outside the metropolitan area under section 174.24. deleted text begin Beginning in fiscal
year 2003, deleted text end The commissioner may use up to $400,000 each year for administration of the
transit program. The commissioner shall use the deleted text begin fund deleted text end new text begin account new text end for transit operations as
provided in section 174.24 and related program administration.

Subd. deleted text begin 2 deleted text end new text begin 3 new text end .

Metropolitan area transit deleted text begin fund deleted text end new text begin account new text end .

The metropolitan area transit
deleted text begin fund deleted text end new text begin account new text end is established within the deleted text begin state treasury deleted text end new text begin transit fund new text end . All money in the deleted text begin fund deleted text end
new text begin account new text end is annually appropriated to the Metropolitan Council for the funding of transit
systems within the metropolitan area under sections 473.384, 473.387, 473.388, and
473.405 to 473.449.

deleted text begin Subd. 3. deleted text end

deleted text begin Metropolitan area transit appropriation account. deleted text end

deleted text begin The metropolitan
area transit appropriation account is established within the general fund. Money in the
account is to be used for the funding of transit systems in the metropolitan area, subject to
legislative appropriation.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 174.24, subdivision 1, is amended to read:

Subdivision 1.

Establishment; purpose.

A public transit participation program is
established to carry out the objectives stated in section 174.21 by providing financial
assistance from the state, including the greater Minnesota transit deleted text begin fund deleted text end new text begin account new text end established
in section 16A.88, to eligible recipients outside of the metropolitan area.

Sec. 3.

Minnesota Statutes 2004, section 297B.09, subdivision 1, is amended to read:

Subdivision 1.

Deposit of revenues.

(a) Money collected and received under this
chapter must be deposited as provided in this subdivision.

(b) deleted text begin From July 1, 2002, to June 30, 2003, 32 percent of the money collected and
received must be deposited in the highway user tax distribution fund, 20.5 percent must be
deposited in the metropolitan area transit fund under section 16A.88, and 1.25 percent
must be deposited in the greater Minnesota transit fund under section 16A.88. The
remaining money must be deposited in the general fund.
deleted text end

deleted text begin (c) deleted text end From July 1, 2003, to June 30, 2007, 30 percent deleted text begin of the money collected and
received deleted text end must be deposited in the highway user tax distribution fund, 21.5 percent must be
deposited in the metropolitan area transit fund under section 16A.88, 1.43 percent must be
deposited in the greater Minnesota transit fund under section 16A.88, 0.65 percent must
be deposited in the county state-aid highway fund, and 0.17 percent must be deposited
in the municipal state-aid street fund. The remaining money must be deposited in the
general fund.

deleted text begin (d) On and after deleted text end new text begin (c) From new text end July 1, 2007, deleted text begin 32 deleted text end new text begin to June 30, 2008, 38.25 new text end percent deleted text begin of the
money collected and received deleted text end must be deposited in the highway user tax distribution
fund, deleted text begin 20.5 percent must be deposited in the metropolitan area transit fund under section
16A.88, deleted text end and deleted text begin 1.25 deleted text end new text begin 25.5 new text end percent must be deposited in the deleted text begin greater Minnesota deleted text end transit fund
under section 16A.88. The remaining money must be deposited in the general fund.

new text begin (d) From July 1, 2008, to June 30, 2009, 44.25 percent must be deposited in the
highway user tax distribution fund, and 29.5 percent must be deposited in the transit fund.
The remaining money must be deposited in the general fund.
new text end

new text begin (e) From July 1, 2009, to June 30, 2010, 50.25 percent must be deposited in the
highway user tax distribution fund, and 33.5 percent must be deposited in the transit fund.
The remaining money must be deposited in the general fund.
new text end

new text begin (f) From July 1, 2010, to June 30, 2011, 56.25 percent must be deposited in the
highway user tax distribution fund, and 37.5 percent must be deposited in the transit fund.
The remaining money must be deposited in the general fund.
new text end

new text begin (g) On and after July 1, 2011, 60 percent must be deposited in the highway user tax
distribution fund, and 40 percent must be deposited in the transit fund.
new text end

Sec. 4.

Laws 2005, chapter 88, article 3, section 10, is amended to read:

Sec. 10. SUBMISSION TO VOTERS.

The constitutional amendment proposed in section deleted text begin 12 deleted text end new text begin 9 new text end must be presented to the
people at the 2006 general election. The question submitted must be:

"Shall the Minnesota Constitution be amended deleted text begin to dedicate revenue from a tax on
the sale of new and used motor vehicles over a five-year period, so that after June 30,
2011, all of the revenue is dedicated at least 40 percent for public transit assistance and
not more than 60 percent for highway purposes deleted text end new text begin so that after June 30, 2011, all of the
revenues from the existing tax on the sale of new and used motor vehicles are dedicated
to highways and public transit new text end ?

	Yes .......
	No ........"

Sec. 5. new text begin BALLOT PLACEMENT.
new text end

new text begin The secretary of state shall place as the first question on the ballot at the 2006
general election the constitutional amendment proposed in Laws 2005, chapter 88, article
3, section 10, as amended by this act.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective on July 1, 2007, upon adoption at the 2006 general
election of a constitutional amendment that requires dedication of all motor vehicle sales
tax revenues to transportation purposes by July 1, 2011.
new text end

ARTICLE 3

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2004, section 117.036, is amended to read:

117.036 APPRAISAL AND NEGOTIATION REQUIREMENTS
APPLICABLE TO ACQUISITION OF PROPERTY FOR TRANSPORTATION
PURPOSES.

Subdivision 1.

Application.

This section applies to the acquisition of property
for public highways, streets, roads, alleys, airports, mass transit facilities, or for other
transportation facilities or purposes.

Subd. 2.

Appraisal.

(a) Before commencing an eminent domain proceeding under
this chapter, the acquiring authority must obtain at least one appraisal for the property
proposed to be acquired. In making the appraisal, the appraiser must confer with one or
more of the new text begin fee new text end owners new text begin or contract purchasers new text end of the property, if reasonably possible.
new text begin Notwithstanding section 13.44 or any other law to the contrary, the acquiring authority
must provide the fee owner or contract purchaser with a copy of the appraisal new text end at least 20
days before presenting a petition under section 117.055, deleted text begin the acquiring authority must
provide the owner with a copy of the appraisal deleted text end and inform the deleted text begin owner of the owner's deleted text end new text begin
fee owner or contract purchaser of the new text end right to obtain an appraisal under this section. new text begin
Upon request, the acquiring authority must make available to the fee owner or contract
purchaser all appraisals of the property. new text end

(b) The new text begin fee new text end owner new text begin or contract purchaser new text end may obtain an appraisal by a qualified
appraiser of the property proposed to be acquired. The new text begin fee new text end owner new text begin or contract purchaser
new text end is entitled to reimbursement for the reasonable costs of the appraisal from the acquiring
authority up to a maximum of $1,500 deleted text begin within 30 days after the deleted text end new text begin for an appraisal of
residential, agricultural, or open land and up to a maximum of $5,000 for an appraisal of
commercial or industrial land if the fee new text end owner new text begin or contract purchaser:
new text end

new text begin (1) new text end submits to the acquiring authority new text begin a copy of the appraisal and new text end the information
necessary for reimbursement deleted text begin , provided that the owner does so deleted text end new text begin ;
new text end

new text begin (2) requests reimbursement new text end within deleted text begin 60 deleted text end new text begin 90 new text end days after deleted text begin the owner receives deleted text end new text begin receiving
new text end the appraisal from the authority under paragraph (a) deleted text begin . deleted text end new text begin and at least five days before a
condemnation commissioners' hearing; and
new text end

new text begin (3) ensures that the appraisal is conducted in accordance with the Uniform Standards
of Professional Appraisal Practice. The acquiring authority must pay the reimbursement to
the fee owner or contract purchaser within 30 days after receiving a copy of the appraisal
and the reimbursement information. Upon agreement between the acquiring authority
and either the fee owner or contract purchaser, the acquiring authority may pay the
reimbursement directly to the appraiser.
new text end

Subd. 3.

Negotiation.

In addition to the appraisal requirements under subdivision 2,
before commencing an eminent domain proceeding, the acquiring authority must make a
good faith attempt to negotiate personally with the new text begin fee new text end owner new text begin or contract purchaser new text end of the
property in order to acquire the property by direct purchase instead of the use of eminent
domain proceedings. In making this negotiation, the acquiring authority must consider
the appraisals in its possession new text begin , including any appraisal obtained and furnished by the fee
owner or contract purchaser if available, new text end and other information that may be relevant to a
determination of damages under this chapter.

new text begin Subd. 4. new text end

new text begin Condemnation commissioners' hearing. new text end

new text begin (a) Notwithstanding
section 13.44, an owner's appraisal may not be used or considered in a condemnation
commissioners' hearing conducted under section 117.085, nor may the owner's appraiser
testify, unless a copy of the owner's appraiser's written report is provided to the acquiring
authority at least five days before the hearing.
new text end

new text begin (b) Notwithstanding section 13.44, the acquiring authority's appraisal may not be
used or considered in a condemnation commissioners' hearing conducted under section
117.085, nor may the acquiring authority's appraiser testify, unless a copy of the acquiring
authority's appraiser's written report is provided to the owner or contract purchaser at
least five days before the hearing.
new text end

Sec. 2.

Minnesota Statutes 2004, section 161.082, subdivision 2a, is amended to read:

Subd. 2a.

Town bridges and culverts; town road account.

(a) Money in the
town bridge account must be expended on town road bridge structures that are ten feet
or more in length and on town road culverts that replace existing town road bridges. In
addition, if the present bridge structure is less than ten feet in length but a hydrological
survey indicates that the replacement bridge structure or culvert must be ten feet or more
in length, then the bridge or culvert is eligible for replacement funds.

(b) In addition, if a culvert that replaces a deficient bridge is in a county
comprehensive water plan approved by the Board of Water and Soil Resources and the
Department of Natural Resources, the costs of the culvert and roadway grading other than
surfacing are eligible for replacement funds up to the cost of constructing a replacement
bridge.

(c) The expenditures on a bridge structure or culvert may be paid from the county
turnback account and may be for 100 percent of the cost of the replacement structure or
culvert or for 100 percent of the cost of rehabilitating the existing structure.

(d) The town bridge account may be used to pay the costs to abandon an existing
bridge that is deficient and in need of replacement, but where no replacement will be
made. It may also be used to pay the costs to construct a road or street to facilitate the
abandonment of an existing bridge determined by the commissioner to be deficient, if the
commissioner determines that construction of the road or street is more cost efficient
than replacing the existing bridge.

(e) When bridge approach construction work exceeds $10,000 in costs, or when
the county engineer determines that the cost of the replacement culverts alone will not
exceed $20,000, or engineering costs exceed $10,000, the town shall be eligible for
financial assistance from the town bridge account. Financial assistance shall be requested
by resolution of the county board and shall be limited to:

(1) 100 percent of the cost of the bridge approach work that is in excess of $10,000;

(2) 100 percent of the cost of the replacement culverts when the cost does not
exceed $20,000 and the town board agrees to be responsible for all the other costs, which
may include costs for structural removal, installation, and permitting. The replacement
structure design and costs shall be approved and certified by the county engineer, but need
not be subsequently approved by the Department of Transportation; or

(3) 100 percent of all related engineering costs that exceed $10,000, or in the case
of towns with a net tax capacity of less than deleted text begin $200,000 deleted text end new text begin $300,000 new text end , 100 percent of the
engineering costs. new text begin Beginning in fiscal year 2007, and for each fiscal year thereafter, the
net tax capacity limit must be annually adjusted for the increase in inflation, from the most
recent previous year available, using the annual implicit price deflator for state and local
expenditures as published by the United States Department of Commerce.
new text end

(f) Money in the town road account must be distributed as provided in section
162.081.

Sec. 3.

Minnesota Statutes 2004, section 161.442, is amended to read:

161.442 RECONVEYANCE TO FORMER OWNER.

Notwithstanding sections 161.23, 161.41, 161.411, 161.43, 161.44, or any other
statute, the commissioner of transportation, with the consent of the owner, new text begin or for good
cause and with the consent of the court, new text end may transfer, sell, or convey real property
including fixtures, and interests in real property including easements, to the owner
from whom the property was acquired by the state for trunk highway purposes through
a pending eminent domain action. The transfer of title may be by stipulation, partial
dismissal, bill of sale, or conveyance. Any resulting change in the state's acquisition must
be explained in the final certificate for that action. This provision does not confer on a
landowner the right to compel a reconveyance without the consent of the commissioner.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2005 Supplement, section 168.12, subdivision 2a, is
amended to read:

Subd. 2a.

Personalized plates; rules.

(a) The commissioner shall issue personalized
plates or, if requested for special plates issued under section 168.123 for veterans,
168.124 for medal of honor recipients, or 168.125 for former prisoners of war, applicable
personalized special veterans plates, to an applicant who:

(1) is an owner of a passenger automobile including a passenger automobile
registered as a classic car, pioneer car, collector car, or street rod; any truck with a
manufacturer's nominal rated capacity of one ton or less and resembling a pickup truck; a
motorcycle, including a classic motorcycle; or a recreational deleted text begin motor deleted text end vehicle;

(2) pays a onetime fee of $100 and any other fees required by this chapter;

(3) new text begin pays a onetime surcharge of $3, to be titled the "Gold Star Family Plate
Surcharge," the proceeds of which must be deposited in the highway user tax distribution
fund;
new text end

new text begin (4) new text end pays the registration tax required by this chapter for the motor vehicle; and

deleted text begin (4) deleted text end new text begin (5) new text end complies with this chapter and rules governing registration of motor vehicles
and licensing of drivers.

(b) The commissioner shall charge a replacement fee for personalized license plates
and personalized special veterans plates issued under section 168.123 as specified in
subdivision 5. This fee must be paid by the applicant whenever the personalized plates are
required to be replaced by law, except that as provided in section 168.124, subdivision
3, and 168.125, subdivision 1b, no fee may be charged to replace plates issued under
those sections.

(c) In lieu of the registration number assigned as provided in subdivision 1,
personalized plates and personalized special veterans plates must have imprinted on them
a series of not more than seven numbers and letters, or five numbers and letters for
personalized special veterans plates, in any combination and, as applicable, satisfy the
design requirements of section 168.123, 168.124, or 168.125. When an applicant has once
obtained personalized plates or personalized special veterans plates, the applicant shall
have a prior claim for similar personalized plates or personalized special veterans plates in
the next succeeding year as long as current motor vehicle registration is maintained.

(d) The commissioner shall adopt rules in the manner provided by chapter 14,
regulating the issuance and transfer of personalized plates and personalized special
veterans plates. No words or combination of letters placed on these plates may be used
for commercial advertising, be of an obscene, indecent, or immoral nature, or be of a
nature that would offend public morals or decency. The call signals or letters of a radio or
television station are not commercial advertising for the purposes of this subdivision.

(e) Despite the provisions of subdivision 1, personalized plates and personalized
special veterans plates issued under this subdivision may be transferred to another motor
vehicle listed in paragraph (a) and owned by the applicant, upon the payment of a fee of $5.

(f) The commissioner may by rule specify the format for notification.

(g) A personalized plate or personalized special veterans plate issued for a classic
car, pioneer car, collector car, street rod, or classic motorcycle may not be transferred
to a vehicle not eligible for such a plate.

(h) Despite any law to the contrary, if the personalized license plates are lost, stolen,
or destroyed, the applicant may apply and must be issued duplicate license plates bearing
the same combination of letters and numbers and the same design as (1) the former
personalized plates or personalized special veterans plates under section 168.123 upon
the payment of the fee required by section 168.29 or (2) the former personalized special
veterans plates issued under section 168.124 or 168.125, without charge.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 168.123, subdivision 1, is
amended to read:

Subdivision 1.

General requirements; fees.

(a) On payment of a fee of $10 for
each set of two plates, or for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other applicable laws relating to
vehicle registration and licensing, as applicable, the commissioner shall issue:

(1) special veteran's plates to an applicant who served in the active military service
in a branch of the armed forces of the United States or of a nation or society allied with the
United States in conducting a foreign war, was discharged under honorable conditions,
and is a registered owner of a passenger automobile, recreational motor vehicle, or truck
resembling a pickup truck and having a manufacturer's nominal rated capacity of one ton,
but which is not a commercial motor vehicle as defined in section 169.01, subdivision
75; or

(2) a veteran's special motorcycle plate as described in subdivision 2, paragraph (a),
new text begin (e), new text end (f), (h), or (i), or another special plate designed by the commissioner to an applicant
who is a registered owner of a motorcycle and meets the criteria listed in this paragraph
and in subdivision 2, paragraph (a), new text begin (e), new text end (f), (h), or (i). Plates issued under this clause must
be the same size as regular motorcycle plates. Special motorcycle license plates issued
under this clause are not subject to section 168.1293.

(b) The additional fee of $10 is payable for each set of veteran's plates, is payable
only when the plates are issued, and is not payable in a year in which stickers are issued
instead of plates.

(c) The veteran must have a certified copy of the veteran's discharge papers,
indicating character of discharge, at the time of application. If an applicant served in the
active military service in a branch of the armed forces of a nation or society allied with the
United States in conducting a foreign war and is unable to obtain a record of that service
and discharge status, the commissioner of veterans affairs may certify the applicant as
qualified for the veterans' plates provided under this section.

(d) For license plates issued for one-ton trucks described in paragraph (a), clause
(1), the commissioner shall collect a surcharge of $5 on each $10 fee collected under
paragraph (a). The surcharge must be deposited in the vehicle services operating account
in the special revenue fund.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 168.1251, subdivision 1, is
amended to read:

Subdivision 1.

Issuance and design.

The commissioner shall issue special license
plates bearing the inscription "DISABLED deleted text begin AMERICAN deleted text end VETERAN" to an applicant
who is certified in writing by the United States Department of Veterans Affairs or the
state commissioner of veterans affairs as having deleted text begin a permanent and total service-connected
disability deleted text end new text begin been awarded a claim for a service-connected disability from the United States
Department of Veterans Affairs new text end , who complies with all laws relating to the registration
and licensing of motor vehicles and drivers, and who pays a fee of $10 for each set of
license plates applied for. The new text begin commissioner of veterans affairs shall design the new text end special
license plates deleted text begin must be of a design and size determined by the commissioner deleted text end new text begin , subject
to the approval of the registrar new text end .

Sec. 7.

Minnesota Statutes 2005 Supplement, section 168.1251, subdivision 5, is
amended to read:

Subd. 5.

Motor vehicle; special definition.

For purposes of this section, "motor
vehicle" means a vehicle for personal use, not used for commercial purposes, and may
include a passenger automobile, deleted text begin van, pickup truck, deleted text end motorcycle, or recreational vehicle.

Sec. 8.

new text begin [168.1253] GOLD STAR FAMILY LICENSE PLATE.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance; eligibility. new text end

new text begin The commissioner shall issue special plates
bearing the inscription "GOLD STAR FAMILY" to an applicant who is an owner or joint
owner of a motor vehicle, who is certified in writing by the United States Department of
Veterans Affairs or the state commissioner of veterans affairs as being an eligible person,
and who complies with all laws relating to the registration and licensing of motor vehicles
and drivers. The certification must indicate whether the person is an eligible person as
defined in either clause (1) or clause (2) of subdivision 2, paragraph (b).
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of this section:
new text end

new text begin (a) "Active military service" has the meaning given in section 190.05, subdivision 5.
new text end

new text begin (b) The term "eligible person" includes:
new text end

new text begin (1) the surviving spouse or surviving biological or adoptive parent of a person
who has died while serving honorably in active military service in the United States
armed forces; and
new text end

new text begin (2) the surviving biological or adoptive grandparent, sibling, or child of a person
who has died while serving honorably in active military service in the United States
armed forces.
new text end

new text begin (c) "Motor vehicle" means a vehicle for personal use, not used for commercial
purposes, and may include a passenger automobile; a motorcycle; a recreational vehicle;
or a truck resembling a pickup truck and having a manufacturer's nominal rated capacity
of one ton.
new text end

new text begin Subd. 3. new text end

new text begin Plate fee; exemption. new text end

new text begin A plate fee may not be charged to an eligible person
defined in subdivision 2, paragraph (b), clause (1). For all other eligible persons, the
commissioner shall charge a fee of $10 per set of plates issued under this section. No
surcharge may be added to this fee.
new text end

new text begin Subd. 4. new text end

new text begin Annual registration fee; exemption. new text end

new text begin For each eligible person defined in
subdivision 2, paragraph (b), clause (1), to whom the commissioner has issued special
plates under this section, the commissioner may exempt one vehicle from the annual
registration tax required under section 168.013.
new text end

new text begin Subd. 5. new text end

new text begin Design. new text end

new text begin The special license plates issued under this section must be of a
design and size determined by the commissioner, in consultation with the commissioner
of veterans affairs. The commissioner may design the plates in accordance with section
168.1291, subdivision 2.
new text end

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin Application for issuance of these plates may be made at
any time.
new text end

new text begin Subd. 7. new text end

new text begin Transfer. new text end

new text begin On payment of a fee of $5 and notification to the commissioner,
special plates issued under this section may be transferred to another personal motor
vehicle owned or jointly owned by the eligible person.
new text end

Sec. 9.

Minnesota Statutes 2004, section 168A.153, is amended to read:

168A.153 REPORT OF VEHICLE RECEIPT; SURRENDER OF
CERTIFICATE.

Subdivision 1.

Older model vehicle.

A dealer who buys an older model vehicle
to be dismantled or destroyed shall report to the department within 30 days including
the vehicle's license plate number and identification number, and the seller's name and
driver's license number.

Subd. 2.

Late-model or high-value vehicle.

A dealer who buys a late-model or
high-value vehicle to be dismantled or destroyed shall notify the secured party, if any, and
deleted text begin then surrender the certificate of title and a properly completed application for a salvage
certificate of title to the department within ten days deleted text end new text begin the commissioner within ten days
in the manner prescribed in subdivision 3. The dealer shall then properly destroy the
certificate of title new text end .

new text begin Subd. 3. new text end

new text begin Notification on vehicle to be dismantled or destroyed; service fee.
new text end

new text begin Within the time frames prescribed in subdivisions 1 and 2 of acquiring a vehicle titled and
registered in Minnesota, a dealer shall notify the registrar that the dealership purchased the
vehicle to be dismantled or destroyed. The notification must be made electronically as
prescribed by the registrar. The dealer may contract this service to a deputy registrar and
the registrar may charge a fee not to exceed $7 per transaction to provide this service.
new text end

Sec. 10.

Minnesota Statutes 2005 Supplement, section 168A.20, subdivision 5, is
amended to read:

Subd. 5.

Satisfaction of automobile lien seven years old; release.

deleted text begin (a) deleted text end A security
interest perfected under this chapter deleted text begin expires deleted text end new text begin may be cancelled new text end seven years from the
perfection date for a passenger automobile, as defined in section 168.011, subdivision
7 new text begin , upon the request of the owner of the passenger automobile, if the owner has paid the
lien in full and is unable to locate the lienholder to obtain a lien release. At a minimum,
the owner must send a letter to the lienholder by certified mail, return receipt requested,
requesting a lien release. If the owner is unable to obtain a lien release by sending a
letter by certified mail, then the owner must present to the department or its agent the
returned letter as evidence of the attempted contact. This subdivision applies only to
vehicle owners who are individuals new text end .

deleted text begin (b) A lien holder may notify the department in writing or in a format approved by
the department during the sixth year of the lien, no later than 90 days in advance of the
seven-year anniversary, if the lien will not be satisfied during this registration period and
the lien must be extended up to seven additional years as requested by the lien holder.
deleted text end

Sec. 11.

Minnesota Statutes 2004, section 168B.04, subdivision 2, is amended to read:

Subd. 2.

Unauthorized vehicles.

(a) Units of government and peace officers may
take into custody and impound any unauthorized vehicle under section 169.041.

(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:

(1) in a public location not governed by section 169.041:

(i) on a highway and properly tagged by a peace officer, four hours;

(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately; deleted text begin or
deleted text end

new text begin (iii) located so as to constitute an accident or traffic hazard to the traveling
public within the Department of Transportation's eight-county metropolitan district,
as determined by an authorized employee of the department's freeway service patrol,
immediately; or
new text end

deleted text begin (iii) deleted text end new text begin (iv) new text end that is a parking facility or other public property owned or controlled by a
unit of government, properly posted, four hours; or

(2) on private property:

(i) that is single-family or duplex residential property, immediately;

(ii) that is private, nonresidential property, properly posted, immediately;

(iii) that is private, nonresidential property, not posted, 24 hours;

(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or

(v) that is any residential property, properly posted, immediately.

new text begin (c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall
ensure that the tower initially requested to remove the vehicle is given the opportunity,
to the greatest reasonable extent, to actually conduct and complete all towing operations
requested; provided that, the owner of the vehicle to be towed has not already requested
that another tower remove the vehicle, in which case the tower contacted by the owner
must be given the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 12.

Minnesota Statutes 2004, section 168B.06, subdivision 1, is amended to read:

Subdivision 1.

Contents; notice given within five days.

When an impounded
vehicle is taken into custody, the unit of government or impound lot operator taking it
into custody shall give notice new text begin to the registered vehicle owner and any lienholders new text end of the
taking within five days. The notice shall new text begin :
new text end

deleted text begin (a) deleted text end new text begin (1) new text end set forth the date and place of the taking, the year, make, model and serial
number of the impounded motor vehicle if such information can be reasonably obtained
and the place where the vehicle is being held deleted text begin , deleted text end new text begin ; new text end

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

deleted text begin (c) deleted text end new text begin (3) new text end state that failure of the owner or lienholders to exercise their right to reclaim
the vehicle deleted text begin and contents deleted text end within the appropriate time allowed under section 168B.051,
subdivision 1, 1a, or 2, shall be deemed a waiver by them of all right, title, and interest in
the vehicle and new text begin remaining new text end contents and a consent to the transfer of title to and disposal or
sale of the vehicle and new text begin remaining new text end contents pursuant to section 168B.08 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) state: "You have the right to pick up your contents from your vehicle, whether or
not you give up the right to reclaim your vehicle."
new text end

Sec. 13.

Minnesota Statutes 2004, 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 unit of government or impound lot operator
may establish a reasonable procedure for retrieval of vehicle contents. At any time
before the expiration of the waiting periods provided in section 168B.051, subdivision
1, 1a, or 2, the owner of an impounded vehicle has the right to retrieve, without charge,
any and all contents. For the purposes of this subdivision, "contents" means all personal
belongings and does not include any permanently affixed mechanical or nonmechanical:
(i) automobile parts; (ii) automobile body parts; or (iii) automobile accessories, including
audio or video players.
new text end

Sec. 14.

Minnesota Statutes 2005 Supplement, section 169.01, subdivision 4c, is
amended to read:

Subd. 4c.

Motorized foot scooter.

"Motorized foot scooter" means a device with
handlebars designed to be stood or sat upon by the operator, and powered by an internal
combustion engine or electric motor that is capable of propelling the device with or
without human propulsion, and that has deleted text begin either (1) deleted text end no more than two ten-inch or smaller
diameter wheels deleted text begin or (2) deleted text end new text begin and has new text end an engine or motor that is capable of a maximum speed of
15 miles per hour on a flat surface with not more than one percent grade in any direction
when the motor is engaged. An electric personal assistive mobility device, a motorized
bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.

Sec. 15.

Minnesota Statutes 2005 Supplement, section 169.01, subdivision 78, is
amended to read:

Subd. 78.

Recreational vehicle combination.

(a) "Recreational vehicle
combination" means a combination of vehicles consisting of a pickup truck as defined
in section 168.011, subdivision 29, attached by means of a fifth-wheel coupling to a
camper-semitrailer which has hitched to it a trailer carrying a watercraft as defined in
section 86B.005, subdivision 18; off-highway motorcycle as defined in section 84.787,
subdivision 7; motorcycle; motorized bicycle; snowmobile as defined in section 84.81,
subdivision 3; all-terrain vehicle as defined in section 84.92, subdivision 8; new text begin motorized golf
cart; new text end or equestrian equipment or supplies.

(b) For purposes of this subdivision:

(1) A "fifth-wheel coupling" is a coupling between a camper-semitrailer and a
towing pickup truck in which a portion of the weight of the camper-semitrailer is carried
over or forward of the rear axle of the towing pickup.

(2) A "camper-semitrailer" is a trailer, other than a manufactured home as defined in
section 327B.01, subdivision 13, designed for human habitation and used for vacation or
recreational purposes for limited periods.

Sec. 16.

Minnesota Statutes 2004, section 169.041, subdivision 1, is amended to read:

Subdivision 1.

Towing authority.

For purposes of this section, "towing authority"
means new text begin :
new text end

new text begin (1) new text end any local authority authorized by section 169.04 to enforce the traffic laws, and
deleted text begin also includes deleted text end a private towing company authorized by a local authority deleted text begin to tow vehicles on
behalf of that local authority. deleted text end new text begin ; or new text end

new text begin (2) an authorized employee of the Department of Transportation's freeway service
patrol within the department's eight-county metropolitan district, and also includes a
private towing company authorized by the department to tow vehicles on behalf of the
department.
new text end

Sec. 17.

Minnesota Statutes 2004, section 169.041, subdivision 2, is amended to read:

Subd. 2.

Towing order required.

A towing authority may not tow a motor
vehicle from public property unless a peace officer or parking enforcement officer has
prepared, in addition to the parking citation, a written towing report describing the motor
vehicle and the reasons for towing. The report must be signed by the officer and the tow
driver. new text begin Within the Department of Transportation's eight-county metropolitan district, an
authorized employee of the department's freeway service patrol may order a tow from a
trunk highway after preparing a written towing report provided by the Minnesota State
Patrol but is not required to issue a citation. The department employee shall ensure that
the tower initially requested to remove the vehicle is given the opportunity, to the greatest
reasonable extent, to actually conduct and complete all towing operations requested;
provided that, the owner of the vehicle to be towed has not already requested that another
tower remove the vehicle, in which case the tower contacted by the owner must be given
the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 18.

Minnesota Statutes 2004, section 169.13, is amended to read:

169.13 RECKLESS deleted text begin OR deleted text end new text begin , new text end CARELESS new text begin , OR EXHIBITION new text end DRIVING.

Subdivision 1.

Reckless driving.

new text begin (a) new text end Any person who drives any vehicle in such a
manner as to indicate either a willful or a wanton disregard for the safety of persons or
property is guilty of reckless driving and such reckless driving is a misdemeanor.

new text begin (b) A person shall not race any vehicle upon any street or highway of this state.
Any person who willfully compares or contests relative speeds by operating one or more
vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed
contested or compared is in excess of the maximum speed prescribed by law.
new text end

Subd. 2.

Careless driving.

Any person who operates or halts any vehicle upon any
street or highway carelessly or heedlessly in disregard of the rights of others, or in a
manner that endangers or is likely to endanger any property or any person, including the
driver or passengers of the vehicle, is guilty of a misdemeanor.

new text begin Subd. 2a. new text end

new text begin Exhibition driving. new text end

new text begin A person who operates any vehicle in a manner
so as to start or accelerate with an unnecessary exhibition of speed is guilty of a petty
misdemeanor. Prima facie evidence of an unnecessary exhibition of speed is the
unreasonable squealing or screeching sounds emitted by the vehicle's tires or the throwing
of sand or gravel by the vehicle's tires, or both.
new text end

Subd. 3.

Application.

new text begin (a) new text end The provisions of this section apply, but are not limited in
application, to any person who drives any vehicle in the manner prohibited by this section:

(1) upon the ice of any lake, stream, or river, including but not limited to the ice of
any boundary water; or

(2) in a parking lot ordinarily used by or available to the public though not as a
matter of right, and a driveway connecting deleted text begin such a deleted text end new text begin the new text end parking lot with a street or highway.

new text begin (b) This section does not apply to:
new text end

new text begin (1) an authorized emergency vehicle, when responding to an emergency call or when
in pursuit of an actual or suspected violator;
new text end

new text begin (2) the emergency operation of any vehicle when avoiding imminent danger; or
new text end

new text begin (3) any raceway, racing facility, or other public event sanctioned by the appropriate
governmental authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, for violations
committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 169.471, subdivision 2, is amended to read:

Subd. 2.

Use of headphones in vehicle.

new text begin (a) new text end No person, while operating a
motor vehicle, shall wear headphones or earphones deleted text begin which deleted text end new text begin that new text end are used in both ears
simultaneously for purposes of receiving or listening to broadcasts or reproductions from
radios, tape decks, or other sound-producing or transmitting devices. deleted text begin This section shall
not prohibit the use, however, of deleted text end

new text begin (b) Paragraph (a) does not prohibit:
new text end

new text begin (1) the use of a new text end hearing aid deleted text begin devices deleted text end new text begin device new text end by deleted text begin persons in need thereof deleted text end new text begin a person
who needs the device; or
new text end

new text begin (2) the use of a communication headset by a firefighter while operating a fire
department emergency vehicle in response to an emergency new text end .

Sec. 20.

Minnesota Statutes 2004, section 169.685, subdivision 5, is amended to read:

Subd. 5.

Violation; petty misdemeanor.

(a) Every motor vehicle operator, when
transporting a child under the age of deleted text begin four deleted text end new text begin nine and weighing less than 80 pounds new text end on the
streets and highways of this state in a motor vehicle equipped with factory-installed seat
belts, shall equip and install for use in the motor vehicle, according to the manufacturer's
instructions, a child passenger restraint system meeting federal motor vehicle safety
standards.

(b) No motor vehicle operator who is operating a motor vehicle on the streets and
highways of this state may transport a child under the age of deleted text begin four deleted text end new text begin nine and weighing less
than 80 pounds new text end in a seat of a motor vehicle equipped with a factory-installed seat belt,
unless the child is properly fastened in the child passenger restraint system. new text begin The driver of
a vehicle shall additionally restrain children under the age of nine as follows:
new text end

new text begin (1) a child less than one year of age weighing less than 20 pounds must be properly
restrained in a rear-facing child restraint system;
new text end

new text begin (2) a child under the age of nine and weighing 80 pounds or more must be restrained
in a properly adjusted seat belt system;
new text end

new text begin (3) a child under the age of nine must sit in the back seat unless the vehicle has no
forward-facing back seat, all seating positions in the back are being used by children under
the age of nine, or the child restraint cannot be installed properly in the back seat; and
new text end

new text begin (4) a child under the age of nine and weighing 40 pounds or more may wear a
lap-only seat belt in the rear seat if there are no shoulder belts in the back seat or if all
of the shoulder belts in the back seat are being used by children weighing 40 pounds
or more and under the age of 16.
new text end

new text begin (c) An operator of a pickup truck or sports utility vehicle who transports a child
under the age of nine shall transport the child within the vehicle's passenger compartment.
new text end

new text begin (d) new text end Any motor vehicle operator who violates this subdivision is guilty of a petty
misdemeanor and may be sentenced to pay a fine of not more than $50. The fine new text begin for
the first violation new text end may be waived or the amount reduced if the motor vehicle operator
produces evidence that within 14 days after the date of the violation a child passenger
restraint system meeting federal motor vehicle safety standards was purchased or obtained
for the exclusive use of the operator.

deleted text begin (c) deleted text end new text begin (e) new text end The fines collected for violations of this subdivision must be deposited in
the state treasury and credited to deleted text begin a special account to be known as deleted text end the Minnesota child
passenger restraint and education account.

new text begin When issuing a citation for violation of this section, an officer shall provide to
the vehicle operator written information identifying a source of no-cost child restraint
equipment for individuals in financial need, if the vehicle does not contain child-restraint
equipment.
new text end

Sec. 21.

Minnesota Statutes 2004, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) A properly adjusted and fastened seat
belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be
worn by deleted text begin :
deleted text end

deleted text begin (1) deleted text end the driver new text begin and passengers new text end of a passenger vehicle or commercial motor vehicle deleted text begin ;
deleted text end

deleted text begin (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and
deleted text end

deleted text begin (3) a passenger riding in any seat of a passenger vehicle who is older than three
but younger than 11 years of age deleted text end .

(b) A person who is 15 years of age or older and who violates paragraph (a) deleted text begin , clause
(1) or (2), deleted text end is subject to a fine of $25. The driver of the deleted text begin passenger vehicle or commercial
motor deleted text end vehicle in which the violation occurred is subject to a $25 fine for a violation of
paragraph (a) deleted text begin , clause (2) or (3), deleted text end by a deleted text begin child of the driver deleted text end new text begin passenger new text end under the age of 15
deleted text begin or any child under the age of 11. A peace officer may not issue a citation for a violation
of this section unless the officer lawfully stopped or detained the driver of the motor
vehicle for a moving violation other than a violation involving motor vehicle equipment deleted text end .
The Department of Public Safety shall not record a violation of this subdivision on a
person's driving record.

Sec. 22.

Minnesota Statutes 2005 Supplement, section 169.81, subdivision 3c, is
amended to read:

Subd. 3c.

Recreational vehicle combination.

Notwithstanding subdivision 3, a
recreational vehicle combination may be operated without a permit if:

(1) the combination does not consist of more than three vehicles, and the towing
rating of the pickup truck is equal to or greater than the total weight of all vehicles
being towed;

(2) the combination does not exceed 70 feet in length;

deleted text begin (3) the middle vehicle in the combination does not exceed 28 feet in length;
deleted text end

deleted text begin (4) deleted text end new text begin (3) new text end the operator of the combination is at least 18 years of age;

deleted text begin (5) deleted text end new text begin (4) new text end the trailer carrying a watercraft, motorcycle, motorized bicycle, off-highway
motorcycle, snowmobile, all-terrain vehicle, new text begin motorized golf cart, new text end or equestrian equipment
or supplies meets all requirements of law;

deleted text begin (6) deleted text end new text begin (5) new text end the trailers in the combination are connected to the pickup truck and each
other in conformity with section 169.82; and

deleted text begin (7) deleted text end new text begin (6) new text end the combination is not operated within the seven-county metropolitan area,
as defined in section 473.121, subdivision 2, during the hours of 6:00 a.m. to 9:00 a.m.
and 4:00 p.m. to 7:00 p.m. on Mondays through Fridays.

Sec. 23.

Minnesota Statutes 2004, section 169.824, as amended by Laws 2005, First
Special Session chapter 1, article 4, section 36, is amended to read:

169.824 GROSS WEIGHT SCHEDULE.

Subdivision 1.

Table of axle weight limits.

(a) No vehicle or combination of
vehicles equipped with pneumatic tires shall be operated upon the highways of this state
where the total gross weight on any group of two or more consecutive axles of any vehicle
or combination of vehicles exceeds that given in the following table for the distance
between the centers of the first and last axles of any group of two or more consecutive
axles under consideration; unless otherwise noted, the distance between axles being
measured longitudinally to the nearest even foot, and when the measurement is a fraction
of exactly one-half foot the next largest whole number in feet shall be used, except that
when the distance between axles is more than three feet four inches and less than three
feet six inches the distance of four feet shall be used:

	Maximum gross weight in pounds on a group of
	2	3	4
Distances in feet between centers of foremost and rearmost axles of a group	consecutive axles of a 2-axle vehicle or of any vehicle or combination of vehicles having a total of 2 or more axles	consecutive axles of a 3-axle vehicle or of any vehicle or combination of vehicles having a total of 3 or more axles	consecutive axles of a 4-axle vehicle or any combination of vehicles having a total of 4 or more axles
4	34,000
5	34,000
6	34,000
7	34,000	37,000
8	34,000	38,500
8 plus	34,000	42,000
	(38,000)
9	35,000	43,000
	(39,000)
10	36,000	43,500	49,000
	(40,000)
11	36,000	44,500	49,500
12		45,000	50,000
13		46,000	51,000
14		46,500	51,500
15		47,500	52,000
16		48,000	53,000
17		49,000	53,500
18		49,500	54,000
19		50,500	55,000
20		51,000	55,500
21		52,000	56,000
22		52,500	57,000
23		53,500	57,500
24		54,000	58,000
25		(55,000)	59,000
26		(55,500)	59,500
27		(56,500)	60,000
28		(57,000)	61,000
29		(58,000)	61,500
30		(58,500)	62,000
31		(59,500)	63,000
32		(60,000)	63,500
33			64,000
34			65,000
35			65,500
36			66,000
37			67,000
38			67,500
39			68,000
40			69,000
41			69,500
42			70,000
43			71,000
44			71,500
45			72,000
46			72,500
47			(73,500)
48			(74,000)
49			(74,500)
50			(75,500)
51			(76,000)

The maximum gross weight on a group of three consecutive axles where the distance
between centers of foremost and rearmost axles is listed as seven feet or eight feet applies
only to vehicles manufactured before August 1, 1991.

"8 plus" refers to any distance greater than eight feet but less than nine feet.

	Maximum gross weight in pounds on a group of
	5	6	7
Distances in feet between centers of foremost and rearmost axles of a group	consecutive axles of a 5-axle vehicle or any combination of vehicles having a total of 5 or more axles	consecutive axles of a combination of vehicles having a total of 6 or more axles	consecutive axles of a combination of vehicles having a total of 7 or more axles
14	57,000
15	57,500
16	58,000
17	59,000
18	59,500
19	60,000
20	60,500	66,000	72,000
21	61,500	67,000	72,500
22	62,000	67,500	73,000
23	62,500	68,000	73,500
24	63,000	68,500	74,000
25	64,000	69,000	75,000
26	64,500	70,000	75,500
27	65,000	70,500	76,000
28	65,500	71,000	76,500
29	66,500	71,500	77,000
30	67,000	72,000	77,500
31	67,500	73,000	78,500
32	68,000	73,500	79,000
33	69,000	74,000	79,500
34	69,500	74,500	80,000
35	70,000	75,000
36	70,500	76,000
37	71,500	76,500
38	72,000	77,000
39	72,500	77,500
40	73,000	78,000
41	(74,000)	79,000
42	(74,500)	79,500
43	(75,000)	80,000
44	(75,500)
45	(76,500)
46	(77,000)
47	(77,500)
48	(78,000)
49	(79,000)
50	(79,500)
51	(80,000)

The gross weights shown in parentheses in this table are permitted only on state trunk
highways and routes designated under section 169.832, subdivision 11 new text begin , and on routes
designated as having maximum weight limit of nine tons per axle new text end .

(b) Notwithstanding any lesser weight in pounds shown in this table but subject to
the restrictions on gross vehicle weights in subdivision 2, paragraph (a), two consecutive
sets of tandem axles may carry a gross load of 34,000 pounds each and a combined gross
load of 68,000 pounds provided the overall distance between the first and last axles of
the consecutive sets of tandem axles is 36 feet or more.

Subd. 2.

Gross vehicle weight of all axles.

deleted text begin (a) deleted text end Notwithstanding the provisions
of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of
vehicles deleted text begin shall deleted text end new text begin must new text end not exceed:

(1) 80,000 pounds for any vehicle or combination of vehicles on all state trunk
highways as defined in section 160.02, subdivision 29, and for all routes designated deleted text begin under
section 169.832, subdivision 11 deleted text end new text begin as having a maximum weight limit of nine tons per axle new text end ;

(2) 88,000 pounds for any vehicle or combination of vehicles with six or more
axles while exclusively engaged in hauling livestock on all state trunk highways other
than interstate highways, if the vehicle has a permit under section 169.86, subdivision
5, paragraph (k); new text begin or
new text end

(3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less
on all routes, other than state trunk highways and routes that are designated under section
169.832, subdivision 11, deleted text begin except that a vehicle needing reasonable access to a terminal or
facilities for food, fuel, repairs, and rest, located within three miles of a ten-ton route, may
not exceed 80,000 pounds. "Terminal" means any location where freight either originates,
terminates, or is handled in the transportation process, or where commercial motor carriers
maintain operating facilities; deleted text end and new text begin on routes designated as having a maximum weight
limit of nine tons per axle.
new text end

deleted text begin (4) 80,000 pounds for any vehicle or combination of vehicles with six or more axles
on all routes, other than state trunk highways and routes that are designated under section
deleted text begin 169.832, subdivision 11 deleted text end .
deleted text end

deleted text begin (b) The maximum weights specified in this section for five consecutive axles shall
not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle
prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of
vehicles excepted by this clause shall not exceed any maximum weight specified for four
or fewer consecutive axles in this section.
deleted text end

Sec. 24.

Minnesota Statutes 2004, section 169.829, subdivision 2, is amended to read:

Subd. 2.

Tow truck.

Sections 169.822 to 169.828 do not apply to a tow truck or
towing vehicle when towing a disabled new text begin or damaged new text end vehicle deleted text begin damaged in such manner that
the towed vehicle cannot be towed from the rear and deleted text end new text begin , new text end when the movement is deleted text begin temporary deleted text end new text begin
urgent, and when the movement is new text end for the purpose of deleted text begin taking deleted text end new text begin removing new text end the disabled vehicle
new text begin from the roadway new text end to a new text begin place of safekeeping or to a new text end place of repair.

Sec. 25.

Minnesota Statutes 2004, section 169.86, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Tow truck. new text end

new 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 such
conditions as the commissioner may prescribe.
new text end

Sec. 26.

Minnesota Statutes 2004, section 169.89, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Violation committed while operating mobile phone. new text end

new text begin (a) A person
convicted of a moving violation, which does not include a parking violation, a vehicle
equipment violation, or a warning citation, who, during the commission of the violation,
was communicating over a cellular or wireless telephone, is assessed an additional
surcharge equal to the amount of the fine imposed for the moving violation, but not less
than $25.
new text end

new text begin (b) It is an affirmative defense against a charge of violating paragraph (a) that the
mobile telephone was used for the purpose of contacting the following in response to
an emergency:
new text end

new text begin (1) a first responder by use of a 911 or other emergency telephone number;
new text end

new text begin (2) a hospital, clinic, or doctor's office;
new text end

new text begin (3) an ambulance service provider;
new text end

new text begin (4) a fire department or law enforcement agency; or
new text end

new text begin (5) a first aid squad.
new text end

Sec. 27.

Minnesota Statutes 2004, section 171.01, subdivision 29, is amended to read:

Subd. 29.

Conviction.

The term "conviction" means a final conviction either after
trial or upon a plea of guilty new text begin or nolo contendere accepted by the court new text end . Also, a forfeiture
of cash or collateral deposited to guarantee a defendant's appearance in court, which
forfeiture has not been vacated; the failure to comply with a written notice to appear in
court; deleted text begin or deleted text end a breach of a condition of release without bail new text begin ; or the payment of a fine or court
cost new text end , is equivalent to a conviction.

Sec. 28.

Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is
amended to read:

Subd. 2b.

Instruction permit use by person under age 18.

(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.

(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.

(c) The permit holder may operate a motor vehicle only when every occupant under
the age of deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child passenger restraint system properly fastened new text begin
according to sections 169.685 and 169.686 new text end . A person who violates this paragraph is
subject to a fine of $25. deleted text begin A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04, subdivision 1 deleted text end new text begin A passenger who is at
least 15 years of age is subject to the requirements and penalty of section 169.686 new text end . The
commissioner shall not record a violation of this paragraph on a person's driving record.

(d) The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense
that the violation was made for the sole purpose of obtaining emergency assistance to
prevent a crime about to be committed, or in the reasonable belief that a person's life
or safety was in danger.

(e) The permit holder must maintain a driving record free of convictions for moving
violations, as defined in section 171.04, subdivision 1, and free of convictions for violation
of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit
holder drives a motor vehicle in violation of the law, the commissioner shall suspend,
cancel, or revoke the permit in accordance with the statutory section violated.

Sec. 29.

Minnesota Statutes 2005 Supplement, 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 deleted text begin 18 deleted text end new text begin 15 new text end has a seat belt or child
passenger restraint system properly fastened new text begin according to sections 169.685 and 169.686 new text end .
A person who violates this paragraph is subject to a fine of $25. deleted text begin 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 deleted text end new text begin
A passenger who is at least 15 years of age is subject to the requirements and penalty of
section 169.686 new text end . The commissioner shall not record a violation of this paragraph on a
person's driving record.

(b) A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable belief
that a person's life or safety was in danger.

(c) If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation new text begin as defined in
section 171.04 new text end , 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.

Sec. 30.

Minnesota Statutes 2005 Supplement, section 171.07, subdivision 1, is
amended to read:

Subdivision 1.

License; contents.

(a) Upon the payment of the required fee, the
department shall issue to every qualifying applicant a license designating the type or class
of vehicles the applicant is authorized to drive as applied for. This license must bear a
distinguishing number assigned to the licensee; the licensee's full name, date of birth,
deleted text begin and deleted text end residence address new text begin ; the license class, endorsements, and restrictions imposed, if any new text end ;
a description of the licensee in a manner as the commissioner deems necessary; and the
usual signature of the licensee. No license is valid unless it bears the usual signature of
the licensee. Every license must bear a colored photograph or an electronically produced
image of the licensee.

(b) If the United States Postal Service will not deliver mail to the applicant's
residence address as listed on the license, then the applicant shall provide verification from
the United States Postal Service that mail will not be delivered to the applicant's residence
address and that mail will be delivered to a specified alternate mailing address. When an
applicant provides an alternate mailing address under this subdivision, the commissioner
shall use the alternate mailing address in lieu of the applicant's residence address for
all notices and mailings to the applicant.

(c) Every license issued to an applicant under the age of 21 must be of a
distinguishing color and plainly marked "Under-21."

(d) The department shall use processes in issuing a license that prohibit, as nearly as
possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
photograph or electronically produced image on a license, without ready detection.

(e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
requested by the applicant.

Sec. 31.

Minnesota Statutes 2004, section 171.0701, is amended to read:

171.0701 DRIVER EDUCATION; ORGAN AND TISSUE DONATION.

The commissioner shall adopt rules requiring new text begin a minimum of 30 minutes of
new text end instruction 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.

Sec. 32.

Minnesota Statutes 2004, section 171.14, is amended to read:

171.14 CANCELLATION.

new text begin (a) new text end The commissioner deleted text begin shall have authority to deleted text end new text begin may new text end cancel any driver's license upon
determination that new text begin (1) new text end the licensee was not entitled to the issuance deleted text begin thereof hereunder, or
that deleted text end new text begin of the license, (2) new text end the licensee failed to give the required or correct information in
the application, deleted text begin or deleted text end new text begin and new text end committed any fraud or deceit in making deleted text begin such deleted text end new text begin the new text end application deleted text begin .
The commissioner may also cancel the driver's license of any deleted text end new text begin , or (3) the new text end person deleted text begin who deleted text end ,
at the time of the cancellation, would not have been entitled to receive a license under deleted text begin
the provisions of deleted text end section 171.04.

new text begin (b) The commissioner shall cancel the driver's license of a person described in
paragraph (a), clause (2), for 60 days or until the required or correct information has
been provided, whichever is longer.
new text end

Sec. 33.

Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is
amended to read:

Subdivision 1.

Offenses.

The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required
upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; deleted text begin or
deleted text end

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that the
dishonored check has been paid in full deleted text begin . deleted text end new text begin ; or
new text end

new text begin (14) as owner of a vehicle whose taxes or fees required under chapter 168, 168A, or
297B were due, paid or attempted to pay, or had another person pay or attempt to pay, the
vehicle taxes or fees required under chapter 168, 168A, or 297B by means of a dishonored
personal check issued to the state or a deputy registrar, which must be continued until the
registrar determines or is informed by the deputy registrar that the dishonored check
has been paid in full.
new text end

However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.

Sec. 34.

Minnesota Statutes 2004, section 173.08, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Advertising devices adjacent to roadway. new text end

new text begin (a) Except as otherwise
provided in this chapter, no advertising device may be erected or maintained within any
area adjacent to a road, as defined in section 160.02, except an advertising device that:
new text end

new text begin (1) does not exceed the size of 432 square inches, including border and trim, but
excluding base and supports;
new text end

new text begin (2) displays the name and telephone number of its owner;
new text end

new text begin (3) is located at a minimum distance of 20 feet from the edge of the road; and
new text end

new text begin (4) is erected and maintained for a maximum duration of six weeks in a calendar year.
new text end

new text begin (b) The owner of the advertising device, before erecting the device, shall obtain the
consent of the owner and lessee of the land on which the sign is erected and the owner and
lessee of adjacent land.
new text end

Sec. 35.

Minnesota Statutes 2004, section 360.013, subdivision 39, is amended to read:

Subd. 39.

Airport.

"Airport" means any area of land or water, except a restricted
landing area, which is designed for the landing and takeoff of aircraft, whether or not
facilities are provided for the shelter, surfacing, or repair of aircraft, or for receiving or
discharging passengers or cargo, and all appurtenant areas used or suitable for airport
buildings or other airport facilities, including facilities described in section 116R.02,
subdivision 6, and all appurtenant rights-of-way, whether heretofore or hereafter
established. new text begin The operation and maintenance of airports is an essential public service.
new text end

Sec. 36.

Minnesota Statutes 2004, section 360.017, subdivision 1, is amended to read:

Subdivision 1.

Creation; authorized disbursements.

(a) There is hereby created
a fund to be known as the state airports fund. The fund shall consist of all money
appropriated to it, or directed to be paid into it, by the legislature.

(b) The state airports fund shall be paid out on authorization of the commissioner
and shall be used:

(1) to acquire, construct, improve, maintain, and operate airports and other air
navigation facilities;

(2) to assist municipalities in the acquisition, construction, improvement, and
maintenance of airports and other air navigation facilities;

(3) to assist municipalities to initiate, enhance, and market scheduled air service at
their airports;

(4) to promote interest and safety in aeronautics through education and information;
and

(5) to pay the salaries and expenses of the Department of Transportation related to
aeronautic planning, administration, and operation. All allotments of money from the state
airports fund for salaries and expenses shall be approved by the commissioner of finance.

new text begin A municipality that adopts a comprehensive plan that the commissioner finds is
incompatible with the state aviation plan is not eligible for assistance from the state
airports fund.
new text end

Sec. 37.

Minnesota Statutes 2004, section 360.065, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Disclosure of airport zoning regulations. new text end

new text begin Before accepting consideration
or signing an agreement to sell or transfer real property that is located in safety zone A,
B, or C under zoning regulations adopted by the governing body, the seller or transferor,
whether executing the agreement in the seller or transferor's own right, or as executor,
administrator, assignee, trustee, or otherwise by authority of law, must disclose in writing
to the buyer or transferee the existence of airport zoning regulations that affect the real
property.
new text end

Sec. 38.

Minnesota Statutes 2004, section 473.386, subdivision 3, is amended to read:

Subd. 3.

Duties of council.

In implementing the special transportation service, the
council shall:

(a) encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance
from a public agency;

(b) contract with public, private, and private nonprofit providers that have
demonstrated their ability to effectively provide service at a reasonable cost;

(c) encourage individuals using special transportation to use the type of service
most appropriate to their particular needs;

(d) ensure that all persons providing special transportation service receive equitable
treatment in the allocation of the ridership;

(e) encourage shared rides to the greatest extent practicable;

(f) encourage public agencies that provide transportation to eligible individuals as a
component of human services and educational programs to coordinate with this service
and to allow reimbursement for transportation provided through the service at rates that
reflect the public cost of providing that transportation;

(g) establish criteria to be used in determining individual eligibility for special
transportation services;

(h) consult with the Transportation Accessibility Advisory Committee in a timely
manner before changes are made in the provision of special transportation services,
including, but not limited to, changes in policies affecting the matters subject to hearing
under subdivision 2;

(i) provide for effective administration and enforcement of council policies and
standards; deleted text begin and
deleted text end

(j) annually evaluate providers of special transportation service to ensure compliance
with the standards established for the program deleted text begin . deleted text end new text begin ; and
new text end

new text begin (k) ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2.
new text end

Sec. 39.

Laws 2005, First Special Session chapter 6, article 3, section 109, is amended
to read:

Sec. 109. EFFECTIVE DATE; EXPIRATION.

Sections 91 to 98 are effective the day following final enactment and new text begin do not new text end expire
deleted text begin on June 10, 2006 deleted text end .

Sec. 40. new text begin CHILD PASSENGER RESTRAINT LAW AWARENESS CAMPAIGN.
new text end

new text begin The commissioner of public safety shall conduct a child passenger restraint law
awareness campaign by developing and distributing education materials, making public
service announcements through mass media throughout the state, and implementing other
education and awareness activities to educate the public about state laws concerning
child restraint in vehicles and to inform individuals in financial need how to obtain child
restraint systems at no cost.
new text end

Sec. 41. new text begin SPECIFIC SERVICE SIGN.
new text end

new text begin Notwithstanding any other law or administrative rule or order, the commissioner of
transportation, after being assured of adequate funding from nonstate sources, shall erect a
specific service sign on the east side of marked Trunk Highway 52, near its intersection
with 37th Street NW in Olmsted County. The sign must display the name or business
panel, or both, of a retail establishment on the east side of marked Trunk Highway 52
that began operation before construction of the noise wall on the east side of marked
Trunk Highway 52, and the premises of which is blocked by the noise wall from view
from marked Trunk Highway 52.
new text end

Sec. 42. new text begin STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS.
new text end

new text begin (a) The commissioner of transportation shall conduct a study to evaluate the current
and long-range needs of the state's transportation system, and investigate possible
strategies to meet these needs.
new text end

new text begin (b) The study must include, but is not limited to:
new text end

new text begin (1) evaluation of the current needs of the state's highway systems and bridges;
new text end

new text begin (2) analysis and quantification of the needs for the next 20 years of the state's
highway systems and bridges;
new text end

new text begin (3) comparison of estimates of revenues raised by current transportation funding
sources, with long-term needs of the state's transportation system;
new text end

new text begin (4) identification of options for maintenance and improvement of the state's
transportation system with specific reference to factors such as changes in vehicle fuel
economy, availability of alternative modes of transportation, and the nation's attempts to
decrease dependence on foreign oil;
new text end

new text begin (5) analysis of alternative pricing options utilized in other states, and their potential
for use, public acceptance, alleviation of congestion, and revenue generation in this
state; and
new text end

new text begin (6) identification of options for road pricing or other alternative financing
mechanisms, and estimates of implementation costs, user costs, and revenue.
new text end

new text begin (c) The commissioner shall report the results of the study to the legislature no later
than January 12, 2007.
new text end

Sec. 43. new text begin REPORT ON GREATER MINNESOTA TRANSPORTATION NEEDS.
new text end

new text begin The commissioner of transportation shall study public transportation needs in
greater Minnesota, and shall, no later than February 15, 2007, provide a written report
to the transportation committees of the senate and the house of representatives. The
commissioner shall comply in all respects with Minnesota Statutes, sections 3.195
and 3.197. The report must include an update of the 2001 greater Minnesota public
transportation plan, and a statement of the capital and operating costs needed to meet
greater Minnesota public transportation needs.
new text end

Sec. 44. new text begin RULE CHANGE.
new text end

new text begin Pursuant to Minnesota Statutes, section 14.388, the commissioner shall amend
Minnesota Rules, part 7411.0515, subpart 2, to provide that driver education programs
offered at public schools, private schools, and commercial driver training schools must
include a minimum of 30 minutes of instruction relating to organ and tissue donations and
the provisions of Minnesota Statutes, section 171.07, subdivision 5.
new text end